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Previous daf Sotah 26
SOTAH 26,27,29,30 - These Dafim have been dedicated by Mrs. Estanne
Abraham-Fauer in honor of the first Yahrzeit (18 Teves 5761) of her father,
Reb Mordechai ben Eliezer Zvi (Weiner). May the merit of supporting and
advancing the study of the Talmud be l'Iluy Nishmaso.
1) [line 6] UCHESHE'YAGIA ZEMANO LICHNOS - and when the time comes when it
will be permitted for him to marry her, i.e. twenty-four months after she
2) [line 13] HA'ROVE - a young man, bachelor
3) [line 15] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing
offspring and render them Mamazerim. The Tana'im argue as to the nature of
these prohibited relations. According to Rebbi Yehoshua, they must be
relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules
that all relations that are punishable by Kares, even if they are not
punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva,
even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a).
Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those
who assert that he rules that only relations prohibited by a Lav produce a
Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer
(except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos
30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only
relations punishable by Kares produce a Mamzer (Yevamos ibid.).
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a
Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether
a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a
Jewess of unsullied lineage, because of the doubt, or whether he is
permitted mid'Oraisa to marry either of them, since he is not included in
the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a,
4) [line 16] NESIN
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom
the Jewish People were commanded to destroy upon entering Eretz Yisrael)
came and presented themselves before Yehoshua as if they came from a far-off
land. Since they claimed not to be residents of Eretz Yisrael, they
requested to be converted and to make peace with the Jewish People. After
Yehoshua agreed to accept them, it was discovered that they were one of the
seven prohibited nations. Having already accepted them, Yehoshua did not
want to break his oath and covenant with them (even though they tricked him
and the oath was uttered in error) so as not to cause a Chilul HaSh-m.
Yehoshua accepted them and appointed them to be woodchoppers and water
drawers to supply the needs for the sacrificial service on the Mizbe'ach
(Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be
converted as they did in the times of Yehoshua, and Moshe also made them
woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These
people became known as "Nesinim," (from the root "Nasan," to give) since
they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he
appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood
and drawing water.
(b) A Nesin is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and
elsewhere) argue as to whether they are prohibited mid'Oraisa or
mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu
"decreed" regarding the Nesinim of his generation, and Yehoshua extended the
"decree" to last as long as the Mishkan or Beis ha'Mikdash would stand.
David ha'Melech later extended the "decree" to include all time, even if the
Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the
Nesinim exhibited, which showed that they were not worthy of uniting with
the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these
decrees were prohibitions against marriage, and as such the prohibition
against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these
decrees were appointments of servitude. The prohibition against marrying
them, though, is mid'Oraisa, since the Torah commands against marrying the
seven prohibited nations even if they convert to Judaism (Yevamos 76a).
5) [line 32] SHECHORIM YOLEDES LEVANIM - if in the past she had given birth
to children with a dark complexion, from now on she would give birth to
children with a light complexion
6) [line 33] APUSHEI PESULIN LO LEIFUSH - we should not increase the number
of children from an illegitimate ancestry
7) [line 42] NISNAVNEH DERECH EIVARIM - if her head and limbs started to
cause her pain and wither away (rather than the usual punishment for a Sotah
in where her stomach and thighs wither and become bloated until she dies)
8) [line 6] SHACHUF - one who's flesh withers and dries out and who has no
strength to produce offspring (see "Shachefes" -- Vayikra 26:16)
9) [line 30] EIN ZENUS LI'VEHEMAH (ZONAH)
(a) A Zonah is generally defined as a woman who had relations with a man out
of wedlock. However, the Tana'im argue about the exact definition of who is
1. Some say that a Zonah is any woman who is unable to have children, since
it is not the manner for men to marry such a woman.
(b) The Halachah follows the Chachamim, who say that a Zonah is a woman (at
least three years of age) who had relations with a man to whom she is
prohibited. The Rishonim, though, argue about which Isur will make her into
2. Some say that a Zonah is any woman who had relations with a man out of
wedlock, i.e. without Kidushin, or, according to others, any woman who made
herself available for all (without Kidushin).
3. Others say that the only woman who is considered a Zonah is an "Eshes
Ish," a woman who committed adultery.
4. The Chachamim say that a Zonah is a woman who had relations with a man to
whom she is prohibited (Yevamos 61b).
1. A number of Rishonim maintain that a Zonah is only a woman who had
relations with a man to whom she is prohibited with an Isur *Kares* or with
a man with whom Kidushin cannot take effect (such as an Eved or a Nochri). A
woman who had relations with a man to whom she is prohibited with only an
Isur *Lav* is not considered a Zonah. (RA'AVAD, Hilchos Isurei Bi'ah 18:1;
see also TOSFOS to Gitin 89a, DH Be'ulah, and MAHARSHA there.)
(c) A woman who had relations with a man who is prohibited to her because of
an Isur Kehunah (for example, an Almanah (widow) who had relations with a
Kohen Gadol, and a Gerushah (divorcee) who had relations with a regular
Kohen) becomes a Chalalah, but not a Zonah. She becomes prohibited from
marrying a Kohen (Vayikra 21:7, 14) and from eating Terumah. A woman who has
relations with a man who was not always prohibited to her (such as a
"Machzir Gerushaso") does not become a Zonah and is permitted to marry a
Kohen and to eat Terumah (Yevamos 69a).
2. Others say that having relations with a man who is prohibited to her with
*any* Isur, whether it is an Isur Kares or an Isur Lav, will make her into a
Zonah. (RASHI to Yevamos 56b, 61b, and RAMBAM, Hilchos Isurei Bi'ah 18:1.)
(d) A convert is also prohibited to a Kohen because of the Isur of Zonah
(Yevamos 61b). The Rishonim argue about the reason for this.
1. According to RASHI (ibid.) and the RA'AVAD (Hilchos Isurei Bi'ah 18:3),
the reason is because she had relations with a Nochri or an Eved, with whom
Kidushin cannot take effect (as mentioned above in b:1). Therefore, if she
was less than three years old when she converted, she is not considered a
Zonah and she is not prohibited to a Kohen because of the Isur of Zonah.
However, she is prohibited because of a different verse (in Yechezkel) as
taught in Kidushin 78a.
10a) [line 33] ESNAN ZONAH
2. The RAMBAM (Hilchos Isurei Bi'ah 18:1, 3), though, says that any woman
who was not born Jewish, whether she converted or not, whether she is less
than three years old or older, is prohibited to a Kohen mid'Oraisa because
of the Isur of Zonah.
An animal given to a harlot for her wage may not be brought as a sacrifice,
as stated in Devarim 23:19.
b) [line 33] MECHIR KELEV
An animal that had been exchanged for a dog may not be brought as a
sacrifice, as stated in the same verse as above.
11) [line 40] L'KINEI LAH DERECH EIVARIM - fondling; intimacy through other
parts of the body (i.e. lying next to him without relations)
12) [line 43] HA'ARA'AH
Ha'ara'ah is a partial Be'ilah -- according to various opinions, it involves
no more than contact, or the beginning of a Be'ilah (Yevamos 55b). This
Halachah is learned from the verse, "v'Ish Asher Yishkav Es Ishah
Davah..." - "And if a man shall lie with a Nidah, and shall uncover her
nakedness; he has made naked her fountain..." (Vayikra 20:18). The Torah
uses the word He'erah (to make naked) to show that there is a Chiyuv for