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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sotah 44

SOTAH 44 - dedicated by Marcia and Lee Weinblatt to Jeri and Eli Turkel, with Mazal Tov wishes for Tamar's marriage to Netanel Casado.


(a) Rebbi Yitzchak Amar Rebbi Yochanan further quoted Rebbi Eliezer ben Ya'akov as saying that a person who enters to within four Amos of a corpse becomes Tamei.
Why did Chazal issue such a decree?

(b) What is a 'Chatzar ha'Kever'?

(c) According to Beis Shamai, a person standing in a Chatzar ha'Kever does not become Tamei provided it has an area of at least four by four Amos. What do Beis Hillel say?

(d) Why, according to Beis Hillel, were Chazal more lenient in this case, than in the previous one, where one requires four Amos distance?

(a) The Tana restricts Beis Hillel's leniency to where the entrance to the burial chambers is via an opening on top.
What will he hold if the entrance was at the (far) side?

(b) We refute this with the words 'K'lapei Laya'?
What does this mean?

(c) So we invert the statement.
Why will Beis Hillel now agree with Beis Shamai that, when the entrance to the chambers is on top, the Chatzer will require four Amos?

(a) "Mi ha'Ish Asher Eiras Ishah ve'Lo Lekachah".
What does the extra 'Hey' in "ve'Lo *Lekachah*" come to teach us?

(b) The author of this Beraisa could even be Rebbi Yossi Hagelili, who interprets "ha'Yarei ve'Rach ha'Leivav" to include soldiers who are afraid of their sins (and who return from the battlefront anyway) because of a statement of Rabah.
What did Rabah say (regarding an Almanah le'Kohen Gadol)?

(c) Why does Rabah address specifically an Almanah u'Gerushah le'Kohen Gadol, and not other Chayvei La'avin?

(a) What Derech Eretz does the Tana learn from the order of the Pesukim "Mi ha'Ish Asher Banah Bayis ... Asher Nata Kerem ... Asher Eiras Ishah"?

(b) Which wise man gave the same advise in which Sefer?

(c) How does the Tana of the Beraisa interpret "Hachein ba'Chutz Melachtecha, ve'At'dah ba'Sadeh Lach, u'Vanisa Beisecha" metaphorically, with each phrase referring to one item?

(d) Alternatively, "Hachein ba'Chutz Melachtecha" refers to Mikra and Mishnah, "ve'At'dah ba'Sadeh Lach" to Gemara and "u'Vanisa Beisecha", to good deeds.
How does Rebbi Eliezer B'no shel Rebbi Yossi Hagelili develop this D'rashah even further?

(a) We learned in our Mishnah that if the soldier merely rebuilt his house, he does not return from the battlefront.
What is the minimum he would have to have added in order to be obligated to return?

(b) The Torah writes in Ki Seitzei "Ki Yikach Ish Ishah Chadashah Lo Yeitzei ba'Tzava".
What does the Tana learn from ...

  1. ... "Ishah"?
  2. ... "Chadashah"?
(c) And what does another Tana learn from the continuation of the Pasuk ...
  1. ... "ve'Lo Ya'vor Alav le'Chol Davar"?
  2. ... "Alav"?
(d) Having written "ve'Lo Ya'avor Alav", why does the Torah then need to add "Lo Yeitzei ba'Tzava"?
(a) We have already discussed the opinion of Rebbi Yossi Hagelili in our Mishnah that "Mi ha'Ish ha'Yarei ve'Rach he'Leivav" refers to a soldier who is afraid of the sins he has performed.
How does Rebbi Akiva interpret this Pasuk?

(b) According to Rebbi Yossi Hagelili, why did the Torah order a soldier who did not consecrate his house or his vineyard or who did not marry his betrothed, to return from the battlefront?

(a) What was the role of the officers who stood ...
  1. ... at the front of the troops?
  2. ... behind them? What were they holding in their hands?
(b) What does the Tana learn from the Pasuk in Shmuel "va'Yanusu Anshei Yisrael Mipnei P'lishtim va'Yiplu Chalalim" (it is unclear why the Tana also quotes the Pasuk "Nas Yisrael Lifnei P'lishtim ... ")?

(c) In view of what we have learned until now, under what circumstances must even a Chasan leave his room and a Kalah her Chupah in order to go to war?

(d) According to Rebbi Yehudah, a Chasan and Kalah are exempt from joining the army even for a Milchemes Mitzvah.
Does this mean that they are never obligated to join?

Answers to questions



(a) According to Rebbi Yossi Hagelili in our Mishnah, a soldier who has performed sins must return from the battlefront. Rebbi Yossi then says 'Almanah le'Kohen Gadol, Gerushah va'Chalutzah le'Kohen Hedyot, Mamzeres u'Nesinah le'Yisrael'.
In which point is Rebbi Yossi coming to argue with Rebbi Yossi Hagelili?

(b) Who is then the author of the Beraisa that obligates a soldier who spoke between putting on the Tefilin shel Yad and the Tefilin shel Rosh, to return from the battlefront?

(c) When is talking between the two Tefilin not considered a sin?

(d) It certainly seems as if the author of the Beraisa that permits a soldier who breaks out in a cold sweat whenever he hears the sound of war, to leave the battlefront is Rebbi Yossi Hagelili.
On what grounds do we establish it even like Rebbi Akiva? From which Pasuk do we learn this?

(a) How do we amend the Mishnah 'Mipnei she'Techilas Nisah Nefilah'?

(b) The Rabbanan in our Mishnah restrict the Din of returning from war to a Milchemes Reshus, but obligate everyone to go and fight a Milchemes Mitzvah; Rebbi Yehudah makes the same distinction, but with regard to a Milchemes Mitzvah and a Milchemes Chovah.
What is their Machlokes vis-a-vis the Din in our Mishnah?

(c) How would both opinions categorize ...

  1. ... the conquest of Eretz Cana'an with Yehoshua (and the battle against Amalek)?
  2. ... the conquests of David ha'Melech (which were merely in order to expand his territory)?
(d) Their dispute then, is over a battle that is about to be fought to contain an enemy, to prevent him from attacking. Seeing as according to both opinions, the Torah obligates the respective soldiers to return from the battlefront, what are the ramifications of their argument?
***** Hadran Alach Mashu'ach Milchamah *****

***** Perek Eglah Arufah *****


(a) What does Rebbi Avahu learn from the 'Gezeirah-Shavah' "Ve'Anu ve'Amru" (by Eglah Arufah) and "ve'Anu ha'Levi'im ve'Amru" (by the B'rachos and the K'lalos)?

(b) According to the Tana Kama of our Mishnah, three judges from the Beis-Din ha'Gadol in Yerushalayim had to participate in the ceremony of Eglah Arufah.
What does Rebbi Yehudah learn from the Pasuk "ve'Yatz'u Zekeinecha ve'Shoftecha"?

(c) If the murdered man is found hidden in a pile of stones or hanging from a tree, the Din of Eglah Arufah does not apply.
What is the third case that the Tana precludes from the word "ba'Adamah"?

(d) What do the following cases have in common 'If the murdered man was found near the border, near a town which was inhabited mainly by Nochrim or near a town which had no Beis-Din?

(a) The Tana Kama of our Mishnah, who requires only three judges from the Beis-Din ha'Gadol to participate in the ceremony of the Eglah Arufah, is Rebbi Shimon.
What does Rebbi Shimon then learn from the word "ve'Shoftecha"?

(b) What does Rebbi Yehudah learn from "Ziknei" - "Zekeinecha"?

(c) According to Rebbi Shimon, what would we have thought had the Torah written "Ziknei" (forcing it to write "Zekeinecha)?

(a) We suggest that Rebbi Yehudah learns that judges from the Beis-Din ha'Gadol are required from a 'Gezeirah-Shavah' "Ziknei" from "Ziknei ha'Eidah" (leaving "ve'Shoftecha to add another two judges). In which connection does the Torah write "Ziknei ha'Eidah"?

(b) On what grounds do we refute this suggestion?

(c) So from where does Rebbi Yehudah ultimately learn ...

  1. ... that the judges must be from the Beis-Din ha'Gadol?
  2. ... that five judges are required?
(d) What does Rebbi Shimon learn from the extra 'Vav'?
Answers to questions

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