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Sotah 25
SOTAH 21-25 - These Dafim have been dedicated by Mrs. Estanne Abraham-Fauer in honor
of the first Yahrzeit (18 Teves 5761) of her father, Reb Mordechai ben Eliezer Zvi
(Weiner). May the merit of supporting and advancing the study of the Talmud be l'Iluy
Nishmaso.
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1) [line 3] HA'OVERES AL DAS - a woman who does not act according to the
modest behavior of Jewish women, e.g. who is seen in public with her hair
uncovered, who speaks with many men in an immodest manner, who secludes
herself with men other than her husband, etc.
2) [line 6] HASRA'AH
(a) If a person transgresses a Lav for which the punishment is the death
penalty or lashes, he can only be put to death or lashed if he has been
given a proper Hasra'ah (warning). The warning must be, "Abstain, because
this action is prohibited and you will be punished with the death penalty
(or with lashes) for doing it," or something to that effect. The warning
must specifically name the Lav or Av Melachah that the person is about to
transgress.
(b) In the case of a woman who is Overes Al Das, the need for a Hasra'ah or
not will determine whether or not she will receive the value of her Kesuvah.
3) [line 20] DISKARTA - This is probably the name of a place. The word means
private town, settlement, or part of a town (e.g. (d'Iskarta) [Diskarta]
d'Reish Galusa - the private town of the Reish Galusa -- Eruvin 59a)
4) [line 24] V'CHULHU - and all of them (i.e. the sages who attempted to
answer this question previously, the Stama d'Gemara and Rava)
5) [line 24] SHANI HASAM D'LEIS LAH EIMSA D'VA'AL KELAL - those cases [where
she needs Hasra'ah] are different, since the wife does not fear her husband
at all
6) [line 27] KEIVAN D'KAPID KAPID - that is, since a husband usually is
Makpid (objects) to such conduct, we deal with this case as if it was a
standard case of Kepeida, and he must divorce his wife
7) [line 29] SETAMA D'MILSA - the standard case
8) [line 37] L'CHALEI L'KNUYEI - let him annul his Kinuy
9) [line 40] BEN SORER U'MOREH - The "stubborn and rebellious son"
(a) A boy can become a Ben Sorer u'Moreh (Devarim 21:18-21) from the time
that he shows signs of puberty (when two hairs grow) until he reaches a
further stage of development (approximately three months later). He must
steal money from his father, and buy 50 Dinars of meat, eating it rare
outside his father's property and in bad company. He must also drink half a
log (5 oz.) of wine with the meal. It is therefore forbidden for a boy of
this age to eat such a meal at any time (Sefer ha'Mitzvos, Lo Sa'aseh #195)
(b) A Ben Sorer u'Moreh is punished with Sekilah (stoning). Rebbi Yosi
ha'Gelili explains that since he is running after worldly pleasures, he will
eventually deplete all of his father's possessions, and when there is
nothing left, he will stand at a crossroads and steal from people. It is
better to kill him when he is young and has few sins than to let him live
and die a wicked man (Sanhedrin 72a).
(c) The Gemara (Sanhedrin 68b-72a) learns that there are additional
conditions necessary to become a Ben Sorer u'Moreh, which are so numerous
and intricate that it is unfeasible for this punishment ever to be executed.
10) [last line] SHETAR HA'OMED LIGAVOS K'GAVUY DAMI
Ownership of a Shtar (a document of debt or deed) that gives a person title
over property is equated to ownership of the property itself. Just as the
person who owns and uses the property has a "Chazakah" over that property,
so, too, the person who owns a document that gives him title to property has
a "Chazakah" over that property.
25b---------------------------------------25b
11) [line 5] "[V'IM LO NITME'AH HA'ISHAH, U'TEHORAH HI;] V'NIKESAH,
V'NIZRE'AH ZARA" - "[And if the woman was not defiled, and she is Tehorah,]
she would be blessed that she would become pregnant." (Bamidbar 5:28)
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