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Talmud

סוטה כ״ה ב

Sotah 25b

Hebrew

וּבֵית הִלֵּל סָבְרִי: שְׁטָר הָעוֹמֵד לִגְבּוֹת — לָאו כְּגָבוּי דָּמֵי. מְעוּבֶּרֶת חֲבֵירוֹ כּוּ׳. אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: מַחְלוֹקֶת בַּעֲקָרָה וּזְקֵינָה. אֲבָל אַיְילוֹנִית — דִּבְרֵי הַכֹּל לֹא שׁוֹתָה וְלֹא נוֹטֶלֶת כְּתוּבָּתָהּ, שֶׁנֶּאֱמַר: ״וְנִקְּתָה וְנִזְרְעָה זָרַע״, מִי שֶׁדַּרְכָּהּ לְהַזְרִיעַ, יָצְאָה זוֹ שֶׁאֵין דַּרְכָּהּ לְהַזְרִיעַ. מֵיתִיבִי: הַמְקַנֵּא לַאֲרוּסָתוֹ וּלְשׁוֹמֶרֶת יָבָם שֶׁלּוֹ, אִם עַד שֶׁלֹּא כְּנָסָהּ נִסְתְּרָה — לֹא שׁוֹתָה וְלֹא נוֹטֶלֶת כְּתוּבָּתָהּ.

English Translation

And Beit Hillel hold that a promissory note that stands to be collected is not considered as though it was already collected. Therefore, the payment of the marriage contract is not considered to be in the wife’s possession, and as this means that she is the claimant, she is not entitled to the money unless she proves that she did not commit adultery. § The mishna states (24a): A woman who was pregnant with the child of another man at the time of her marriage…A sexually underdeveloped woman, who is incapable of bearing children [ailonit], and an elderly woman, and a woman who is incapable of giving birth for other reasons, neither collect payment of their marriage contracts nor drink the bitter water. Rabbi Elazar says: He can marry another woman and procreate through her; therefore these are considered permitted marriages, and the women can drink the bitter water. Rav Naḥman says that Rabba bar Avuh says: The dispute between the first tanna and Rabbi Elazar is only in the case of a barren woman and an elderly woman. However, with regard to a sexually underdeveloped woman, all agree that she neither drinks the bitter water nor collects payment of her marriage contract. This is as it is stated with regard to a sota who is found to be innocent of adultery: “And she shall be cleared, and shall conceive seed” (Numbers 5:28), indicating that the sota ritual pertains only to one whose way is to bear seed and give birth, excluding this sexually underdeveloped woman, whose way is not to bear seed. The Gemara raises an objection to Rav Naḥman’s statement from a baraita in the Tosefta (5:4): With regard to one who issues a warning to his betrothed, or to his yevama while she is a widow awaiting her yavam, if she secluded herself with the other man before her husband consummated the marriage, she neither drinks the bitter water nor collects payment of her marriage contract.

About This Text

Source

Sotah

Category

Talmud

Reference

Sotah 25b

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