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Previous daf Sotah 18
1) [line 1] SHNEI DAPIN - (a) two columns (RASHI); (b) two pages (TOSFOS)
2) [line 14] YESH BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im as to
whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah
doesn't work). Bereirah means making one's action contingent retroactively on future
events. Examples of this are: selling an object on the condition that it rains
tomorrow; buying or selling *today* an object that will be selected tomorrow. "Ein
Bereirah" means that such a stipulation does not work. An action cannot be contingent
on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying,
"It is not proper for something to take effect, when there remains a doubt on *what*
it will take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question that the
action works -- even if the people involved in the action are not aware as to whether
the past event did or did not take place. Example: If a person makes two Eruvei
Techumin before sundown on Erev Shabbos, in two different directions, and stipulates
"if my Rebbi is *presently* staying in a village towards the East, I would like the
Eastern Eruv to work, if not, I would like the Western Eruv to work." The man making
the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have
taken effect on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an action
"on the condition that..." (b'Tenai). For example, a man may buy or sell an object or
divorce his wife on the condition that the other party pays or does whatever the
first party specifies. If the condition is not kept *in the future*, the sale or
divorce is annulled. This situation is not called Bereirah -- see Insights to Yoma
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical
questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in
regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah.
3) [line 15] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes
and discusses various explanations for the word Teiku:
1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
4) [line 15] HISHKAH B'SIV - If the Kohen took a piece of the fibrous substance just
under the surface of the date palm and (a) rolled into a straw and made her drink the
Mei Sotah through it (RASHI); (b) soaked up the Mei Sotah in the piece of Siv and
made her suck it out
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and
questions" (TOSFOS YOM TOV, end of Eduyos).
5) [line 16] SHEFOFERES - a hollow reed
6a) [line 1] SHOMERES YAVAM - while I was waiting for my Yavam to perform Yibum with
b) [line 1] KENUSAH - after Yibum was performed with me
c) [line 1] SHOMERES YAVAM (YIBUM)
(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a
dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from
the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure
in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a
Beis Din of three and states, "I do not want to marry her," after which his
sister-in-law approaches him before the elders, takes off his right sandal and spits
in front of him. She then declares, "This is what shall be done to the man who will
not build up a family for his brother," and she is then free to marry whomever she
(c) The *connection* of the brother to the dead man's wife, which obligates one of
the two, is called Zikah. It is comparable to the state of Eirusin (engagement)
before a marriage. The Tana of the Mishnah from Yevamos rules that the Zikah
"connects" the Yevamah with all of the brothers, not only the oldest. While the
Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.
7) [line 16] EIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a) There are women whom the Torah prohibits to certain men. However, if these men
transgress a Torah prohibition and are Mekadesh (betroth) them the Kidushin are
valid. Other women are prohibited to the extent that even if the men are Mekadesh
them, the Kidushin are not valid.
(b) The Tana'im argue, based upon differing interpretations of the verses of the
Torah (Kidushin 67b-68a), with which women Kidushin are valid and with which women
Kidushin are not valid.
1. According to most of the Tana'im, Kidushin are valid with women who are prohibited
only with a Lav and/or an Aseh. Kidushin are not valid with women who are prohibited
with an Isur Kares (such as the Arayos that the Torah prohibits in Parshas Acharei
Mos, Vayikra 18:6-23).
(c) Another result of the above-mentioned argument applies to Mamzerim. According to
the opinion that rules that only Kidushin with Chayavei Kares are not valid, the
children of Chayavei Lavim are not Mamzerim. According to Rebbi Akiva and those
Tana'im who rule that Kidushin with Chayavei Lavim are not valid either, the children
of Chayavei Lavim are also Mamzerim (see "Mamzer," in the Background to 68:5).
2. Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin are not
valid even with those women who are prohibited with an Isur Lav. The Tana'im argue
further with regard to the opinion of Rebbi Akiva, as to whether Kidushin are not
valid only with some of the Chayavei Lavin (those women who were never permitted to
the man in question), or with all of them. Additionally, one Tana claims that
according to Rebbi Akiva, Kidushin are not valid with Isurei Aseh either (see
"Mamzer," Background to Yevamos 68:5).
(d) According to all opinions, Kidushin may not be effected with a non-Jewish
maidservant or a Nochris, even though the prohibition against marrying them is not a
Isur Kares, since the institution of Kidushin does not exist with regard to these
women (see Insights to Yevamos 45:1).
8) [line 33] HA'ISHAH SHOSAH V'SHONAH - a woman can drink Mei Sotah two times (if she
was under suspicion two different times)
9) [line 36] NECHUNYA CHOFER SHICHIN - Nechunya the well-digger, one of the great