תלמוד על סוטה 2:1

HALAKHAH: “A woman living in her husband’s house,” etc. ⁷This paragraph is from Sotah 2:1, Notes 15–23 which is the original since the last sentence, which makes the argument intelligible, is missing here. Rebbi Joḥanan said, for the four who are missing atonement⁸Anyone whose own body was the source of impurity, when he is pure again cannot enter the Temple precinct unless he first brought a sacrifice of cleansing: The woman after childbirth (Lev. 12:6–8), the person healed from skin disease (Lev. 14: 1–32) and the persons healed from genital discharges (Lev. 15:14–15,29–30). others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, the woman after childbirth and one [healed from] skin disease, since a father may dedicate for his small son who is lying in a crib⁹Who could have been afflicted with skin disease and, if female, with a discharge at her birth mimicking menstruation. One understands man or woman [healed from] genital discharges or [healed from] skin disease, but a woman after childbirth? May a minor give birth? ¹⁰This text also is in Yebamot 1:2, Note 153. It implies that a woman giving birth is an adult and no longer in her father’s power. Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rav Ḥuna: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter¹¹Therefore, he should be able to dedicate for his wife who also is dependent upon him.. Since he married her off¹²Even without growing pubic hair, if he married her off she is emancipated from him., she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since ¹³This statement also is in Sotah 1:2, Note 91. In the language of the Babli, Yebamot33b, “the seduction of an under-age girl is rape.” Rebbi Zeˋira, Rebbi Yosa¹⁴With the text in Sotah read: Yasa. said in the name of Rebbi Joḥanan : An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written¹⁵Num. 5:22. The answer of the wife is a requirement that cannot be waved. Therefore, a mute woman cannot undergo the sotah ordeal. The Babli concurs, Sotah27b, quoted in Num. rabba 9(18).: The woman shall say: Amen, amen. Rebbi Abun said, since it is written¹⁶Deut. 14:26. A man’s house usually means his wife. The missing final sentence explains that since he cannot enjoy himself if his wife is forbidden to him, she cannot hinder him in the preparations for her rehabilitation. This answers the original question for the husband. At the same time, R. Abun disagrees with R. Joḥanan and holds that only the husband may dedicate the purgation offering of the woman after childbirth without her knowledge since he has a direct interest in it. While the woman after childbirth is permitted to her husband once she is recovered and pure, she cannot enjoy the holiday sacrifices with him as long as her sacrifice has not been handed over to the Temple personnel.: You shall enjoy together with your house.

When was it¹⁵²The daughter-in-law of R. Ismael who had a child and wanted to repudiate her husband following her father’s rules.? She became pregnant and gave birth before she grew two hairs. Could she have lived? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rebbi Hila¹⁵³The Babli, Yebamot 12b, rejects a similar (Galilean) statement; the Babylonian Rav Saphra declares that pregnancy is a sign of puberty.: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Rebbi Ismael follows RebbiJehudah, until the black covers most¹⁵⁴In all these criteria, he will replace “two hairs” with “most of the mons Veneris is black”. [and] Rebbi Simeon, that intercourse occurred with the idea of the prior qiddushin¹⁵⁰As explained in the next paragraph, one holds with R. Simeon that the rabbinic marriage of the minor becomes biblically valid only by a conscious act, for example intercourse to confirm the marriage. Since people usually think that a rabbinic marriage is all they need, simple intercourse does not satisfy the requirement. Therefore, R. Ismael’s daughter-in-law could repudiate even as an adult.. Following the opinions of Rebbi Meїr and Rebbi Jehudah who say that her status depends on the signs of development, it fits¹⁵⁵As explained above, the daughter-in-law could have had a baby and still be a minor according to R. Jehudah [not according to R. Meїr; he is mentioned here only to reject the implied opinion of R. Saphra (Note 152).]. Following the opinion of Rebbi Simeon who says, if he adds another act of acquisition, then even if she is an adult! Rebbi Isaac said, that is so¹⁵⁶The daughter-in-law of R. Ismael could have been an adult if no conscious validation of the marriage took place after her reaching adulthood (Note 150).. Only that the daughters of Israel should not be unbridled in breaking tabus¹⁵⁷The rejection of this interpretation in practice is rabbinic; the Babli (cf. Note 140) takes this as a reason to reject R. Ismael’s position..

Rebbi Jehudah insists on interpreting the contract text. ⁴³Tosephta Ketubot 4:11; a similar text Sifra Meṣora‘ Parašah 4(16). The Babli, Baba Meṣi‘a 104a, presents a problem. The text of the editio princeps formulates the statement that he is responsible for “any other obligations that come to you from earlier times” as part of the ketubah document; this is R. Jehudah’s reason to require that the husband pay for all obligatory sacrifices due from his wife, even if the obligation predates the marriage. Rashi ad loc. changes the text to conform to the Sifra text; the changed text is that of the Munich ms. and all other Ashkenazic surviving mss. It was stated in the name of Rebbi Jehudah: A person brings for his wife any sacrifice she is obligated for⁴⁴Mishnah Nega‘im 14:12. The majority hold that the husband has to pay only for his children and slaves. R. Jehudah holds that a wealthy husband has to pay for his wife’s sacrifices in the way prescribed for wealthy people even if the wife has no money of her own. But he does not have to pay for her voluntary sacrifices., even if she ate suet or desecrated the Sabbath. Also, Rebbi Jehudah says, once he divorces her, he is no longer obligated for her, for she writes to him⁴⁵In the receipt she gives for full payment of her ketubah. “any other obligations that come to you from earlier times.”