פירוש על סוטה 3:8

האיש פורע ופורם – when he is afflicted with leprosy, he lets his hair grow and tears his garments, as it is written (Leviticus 13:44): “The man is leprous; he is unclean.” A man lets his hair grow and he tears his garments. A woman does not let her hair grow and she does not tear her garments.

Introduction Yesterday’s mishnah dealt with the differences between males and females born into priestly families; today’s mishnah deals with general differences in law between men and women. There are many differences in Jewish law between men and women that are not mentioned in this mishnah. The reason why the mishnah mentions some and not others is not entirely clear. Note that all of these rules have been taught elsewhere in the Mishnah. Our mishnah gathers them all up into one succinct source.

האיש מדיר בנו בנזיר – (this section of the Mishnah is also found in Tractate Nazir, Chapter 4, Mishnah 6) – His minor son and his Naziriteship falls upon him, and even when he grows up, and this Halakha is in [Tractate] Nazir and it has no support from the Torah.

What [differences are there in law] between a man and a woman?
A man [who has leprosy] rends his clothes and loosens his hair, but a woman does not rend her clothes and loosen her hair. This refers to the laws of leprosy in Leviticus 13:44-45. Verse 44 reads “ish”, or man. From here the rabbis conclude that the laws that follow are only for the leprous man and not for the leprous woman. However, the other laws for the leper are applicable to men and women equally.

האיש מגלח על נזירו אביו – (this section of the Mishnah is also found in Tractate Nazir, Chapter 5, Mishnah 7) – if his father made a vow in his Naziriteship and separated out his sacrifice (i.e., hair offering), and died, and his son was a Nazir, or that he took the vow of Naziriteship after the death of his father, the son shaves his head on the day of his fulfillment [of the vow] and he brings the sacrifices that his father separated out. And also this Halakha has no support.

A man may vow that his son will become a nazirite, but a woman may not vow that her son will become a nazirite. This law was already mentioned in Nazir 4:6. There we learned that a father may take a nazirite vow on behalf of his minor son, but that a mother may not.

האיש מקדש את בתו – (this section of the Mishnah is also found in Tractate Kiddushin, Chapter 2, Mishnah 1) – he accepts the betrothal of his minor daughter against her will, as it is written (Deuteronomy 22:16): “I gave this man my daughter to wife.”

A man can shave [with offerings set aside for] his father’s naziriteship but a woman cannot shave [with offerings set aside for] her father’s naziriteship. This law was mentioned in Nazir 4:7. For details see there.

האיש נסקל ערום – (this section of the Mishnah is also found in Tractate Sanhedrin, Chapter 6, Mishnayot 3-4) – as it is written (Leviticus 24:14): “and let [the whole community] stone him,” but it is impossible to state him and not her, for behold it is written (Deuteronomy 17:5): “you shall take the man or the woman [who did that wicked thing] out [to the public place],” but rather, him but not his clothing, but her (i.e., this woman) with her clothes.

A man may sell his daughter, but a woman may not sell her daughter. Exodus 21:6 says, “If a man (ish) shall sell his daughter as a slave.” As above, “ish” is interpreted to exclude females.

האיש נתלה – as it is written (Deuteronomy 21:22): “and you impale him on a stake,” him and not her.

A man may give his daughter in betrothal, but a woman may not give her daughter in betrothal. Deuteronomy 22:16 states, “And the father of the girl shall say, ‘I gave my daughter to this man’”. From here the mishnah learns that a father may betroth his daughter but not a mother.

האיש נמכר בגניבתו – as it is written (Exodus 22:2): “he shall be sold for his theft,” and not her theft.

A man is stoned naked, but a woman is not stoned naked. This issue was discussed in Sanhedrin 6:3-4. In this case the reason for the difference between men and women is modesty and not an interpretation of a biblical verse.

A man is hanged [after being put to death], but a woman is not hanged. This distinction between men and women was also taught in Sanhedrin 6:4. The reason is either exegetical Deuteronomy 21:22 states, “And you shall hang him upon a stake”. Alternatively, it is also a matter of modesty.

A man is sold for [to make restitution for] his theft, but a woman is not sold [to make restitution] for her theft. Exodus 22:2 states “If he [the thief] lacks the means [to make restitution] he shall be sold for his theft.” The rabbis understand “he” to exclude women. This distinction may also be based on issues of modesty. The rabbis did not allow for the existence of adult female Jewish slaves, for the assumption was that slave-women could not protect themselves from the sexual advances of their male owners or others. Therefore, they do not allow a female thief to be sold to make restitution for her theft.