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1) CAN A WOMAN BE GIVEN TO DRINK TWICE? (continued)

(a) Answer to both questions (Rava): All agree, the same husband cannot make her drink again for seclusion with the same man, since it says "This";
(b) All agree, a different husband can make her drink again for seclusion with a different man, since it says "Toras";
(c) They argue in 2 cases: a different husband, regarding seclusion with the same man; and the same husband, regarding seclusion with a different man.

1. The firstt Tana says that "Toras" teaches that she always drinks again; "This" teaches that she does not drink again when married to the same husband for seclusion with the same man;
2. The last Tana says that "This" teaches that she never drinks again; "Toras" teaches that she drinks again when married to a different husband, for seclusion with a different man;
3. R. Yehudah says that "This" excludes 2 cases, and "Toras" includes 2 cases.

i. "This" excludes both cases with the same husband (seclusion with the same man or a different man);
ii. "Toras" includes both cases with a different husband (seclusion with the same man or a different man).

2) WAVING THE MINCHAH

(a) (Mishnah): He (Rashi - the husband; Tosfos - the Kohen) takes her Minchah from the basket, and puts it in a service vessel. He puts the vessel in her hands; the Kohen places his hands under her hands, and waves.
(b) He waves, brings it close to the altar, takes a Kometz, burns the Kometz on the altar, and the rest is eaten by the Kohanim.
(c) He gives her to drink, then offers the Minchah;
(d) R. Shimon says, he offers the Minchah, then gives her to drink, as it says, "After, he gives her to drink".

1. If he gives her to drink, then offers the Minchah, it is valid.

(e) (Gemara - R. Elazar) Question: How do we know that a Sotah's offering must be waved?

1. Objection: This is obvious - it says, "He will wave it"!
2. Answer: He meant, how do we know that the owner of the offering (the Sotah) must wave it?

(f) Answer (R. Yoshiyah d'Darei): We learn a Gezeirah Shavah "Hand-hand" from Shelamim.

1. Just as by a Sotah, the Kohen waves, also by Shelamim;
2. Just as by Shelamim, the owner waves, also by Sotah.

(g) Question: How do both wave (at the same time)?
(h) Answer: The Kohen puts his hands under the owner's hands, and they wave.

(a) (Mishnah): He waves, brings it close to the altar, takes a Kometz ... he gives her to drink, then offers the Minchah.
(b) Question: Earlier in the Mishnah, it already said that he offers the Kometz!
(c) Answer: The Mishnah gives the order of Menachos: He waves, brings it close to the altar, takes a Kometz, burns the Kometz on the altar, and the rest is eaten by the Kohanim;

1. There is a dispute regarding when she drinks; Chachamim say, she drinks, then the offering is offered;
2. R. Shimon says, he offers the Minchah, then gives her to drink, as it says, "After, he gives her to drink".

(d) (Mishnah): If he gives her to drink, then offers the Minchah, it is valid.

(e) (Beraisa - R. Akiva) Question: What do we learn from "He gives her to drink" - it already says this!
(f) Answer: If the scroll was erased, and she refuses to drink, we force her to drink;
(g) (R. Shimon) Question: What do we learn from "After, he gives her to drink" - it already says, "He gives her to drink"!
(h) Answer: She only drinks after all 3 events listed above: offering the Kometz, erasing the scroll, and acceptance of the oath.

1. Offering the Kometz - this is consistent with R. Shimon's opinion that she drinks after offering the offering.
2. Question: Erasing the scroll - this is obvious, she must drink water in which the scroll has been erased!
3. Answer (Rav Ashi): We learn that if one can see remnants of the writing, they must be erased.
4. Question: (She may not drink before) acceptance of the oath - this implies, the scroll may be written before she accepts, just she may not drink!

i. But Rava taught, a scroll written before she accepts is invalid!

5. Answer: We do not infer, the scroll may be written earlier - in truth, acceptance of the oath was listed even though it teaches nothing.

(i) Question: What is the source of the dispute between Chachamim and R. Shimon (in the Mishnah)?
(j) Answer: 3 times, it mentions drinking: "He will give her to drink", "After, he will give her to drink", "He will give her to drink".

1. Chachamim understand the 1st "He will give her to drink" simply - she drinks after erasing, before offering the offering;

i. "After, he will give her to drink", teaches that she does not drink if there remains a remnant of the writing;
ii. The last "He will give her to drink" teaches that if she refuses to drink after the scroll was erased, we force her to drink.

2. R. Shimon understands "After he will give her to drink" simply - she drinks after offering the offering;

i. The 1st "He will give her to drink", teaches that if she drank before offering the offering, it is valid;
ii. The last "He will give her to drink" teaches that if she refuses to drink after the scroll was erased, we force her to drink.

3. Chachamim do not learn as R. Shimon - they say, the 1st time it says "He will give her to drink" must speak of the proper procedure.

(a) Question: In the Beraisa, R. Akiva said that (if she refuses to drink after the scroll was erased) we force her to drink - does he really hold this way?

1. Contradiction (Beraisa - R. Yehudah): If she refuses to drink after the scroll was erased, we put iron pincers in her mouth to keep it open, to pour the water down her throat against her will;
2. R. Akiva says, we do not give her to drink - drinking is only to test her, and (by her refusal to drink) we know she is guilty!

i. Rather, before offering the Kometz, she can refuse to drink; after offering the Kometz, she cannot refuse.

(b) Counter-question: The Beraisa itself is difficult! R. Akiva says, after offering the Kometz, she cannot refuse - if she refuses to drink, we know she is guilty, she should not drink!
(c) Answer: We distinguish when she refuses to drink from fear, from when she is calm.

1. If she calmly refuses to drink, we know she is guilty, she does not drink;
2. If she refuses to drink from fear - if the Kometz has not yet been offered, the scroll has not yet been erased, she may refuse;

i. Even if the scroll was already erased, since this was a mistake, she may still refuse.

3. If the Kometz was already offered, since the scroll was written properly, she may not refuse.