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Week 79 - Shabbat - 2 June 2001

SOTAH: CHAPTER 3: MISHNAH 7

An Israelite's daughter married to a priest, her meal-offering is burnt. But a priest's daughter married to an Israelite, her meal-offering is eaten. What is the difference between a priest and a priestly woman? The meal-offering of a priestly woman is eaten, whereas the meal-offering of a priest is not eaten. A priestly woman may be rendered a halalah, a priest cannot be rendered a halal; a priestly woman may incur uncleanness through the dead, but a priest may not incur uncleanness through the dead; a priest eats of the most holy offerings, but a priestly woman may not eat of the most holy offerings.

Kehati

After learning in the previous mishnah: "all the meal.offerings of all those married to priests must be burnt," whether a sotah's meal-offering or any other meal offerings, obligatory or voluntary meal-offerings, this mishnah teaches the relevant difference between the wife of a priest and a priestly woman married to an Israelite. In the wake of this, the mishnah outlines the differences between a priest and a priestly woman.

If she was an Israelite's daughter married to a priest, her meal-offering is burnt - after the handful has been offered on the altar, the meal-offering's remnants are burnt in the ash-house (see the previous mishnah). But if she was a priest's daughter married to an Israelite, her meal-offering is eaten - after the handful has been offered on the altar, the remnants of her meal-offering are eaten by the priests, as in the case of the meal-offering of an Israelite; and likewise, the meal-offering of a widowed or divorced priestly women is eaten, thus (Lev. 6:16): "And every meal-offering of a priest shall be completely burnt; it shall not be eaten; according to the Sages, the term priest excludes the priestly woman.

What is the difference between a priest and a priestly woman? The meal-offering of a priestly woman is eaten - as we learned above, - whereas the meal-offering of a priest is not eaten - nor is a handful taken from it, but rather it is totally burnt on the altar. A priestly woman may be rendered a halalah - if she has cohabited with one with whom she may not, she forfeits her priestly status, and thus may not eat terumah or marry a priest, a priest cannot be rendered a halal - if he married a divorcee, a halalah, or a zonah, he does not forfeit his priestly status, though as long as he remains with her he is disqualified from the Temple service, but once he divorces her, he resumes his rights, thus (Lev. 21:15): "And he shall not (yehalel) profane his seed" - his progeny is disqualified from the priesthood, he is not.

A priestly woman may incur uncleanness through the dead - she is permitted to incur uncleanness by coming in contact with a corpse, but a priest may not incur uncleanness through the dead - thus (Lev. 21:1): "Speak unto the priests the sons of Aaron, and say unto them: none shall defile himself with the dead among his people"; the Sages interpreted "the sons of Aaron" as excluding "the daughters of Aaron." A priest eats of the most holy offerings, but a priestly woman may not eat of the most holy offerings - e.g., the sin-offering, guilt-offering, the meal-offering which are most holy offerings and are eaten within the curtained area of the Temple. The Torah has stated in each case (concerning the meal-offering - Lev. 6:11; concerning the sin-offering - ibid., 6:22; concerning the guilt offering - ibid., 7:6): "Every male among the children of Aaron may eat of it," "Every male among the priests may eat thereof." Hence, whereas a priest eats of these most holy offerings, the priestly woman may not. However, offerings of lesser holiness, e.g., individual peace-offerings may be eaten by women, too.

SOTAH: CHAPTER 3: MISHNAH 8

Wherein does a man differ from a woman? A man loosens his hair and rends his clothes, but a woman does not loosen her hair or rend her clothes; a man may impose the nazir vow on his son, but a woman may not impose the nazir vow on her son; a man shaves on account of the nezirut of his father, but a woman cannot shave on account of the nezirut of her father; a man may sell his daughter, but a woman cannot sell her daughter; a man betroths his daughter, but a woman cannot betroth her daughter; a man is stoned naked, but a woman is not stoned naked; a man is hanged, but a woman is not hanged; a man is sold for his theft, but a woman is not sold for her theft.

Kehati

In the wake of the previous mishnah's reference to the differences between a male priest and a priestly woman, this mishnah elaborates the legal distinctions between men and women in general.

Wherein does a man differ from a woman? - in the Torah's legislation in general? A man loosens his hair and rends his clothes - when he is a metzora he lets his hair grow and tears his garments, but a woman does not loosen her hair or rend her clothes - thus (Lev. 13:44-45): "A man afflicted with tzara'at...And the metzora in whom the plague is, his clothes shall be torn, and the hair of his head shall be loose"; according to the Sages, the reference to "a metzora man" excludes women. However, a woman must also remain outside the city and is confirmed as ritually unclean in reference to nega (plague), just like a man.

A man may impose the nazir vow on his son, but a woman may not impose the nazir vow on her son - as explained in Tractate Nazir (4:6), if a father declares that his son, a minor, shall be a nazir, then he is a nazir (provided neither the son nor his relatives object), but if a mother declared her son a nazir, he is not a nazir; this halakhah is based on (a Sinaitic) tradition; a man shaves on account of the nezirut of his father, but a woman cannot shave on account of the nezirut of her father - a son may bring his offerings upon shaving his head at the completion of his term of nezirut and use the funds set aside by his father for his own Nazarite offerings before he died, as is explained in Tractate Nazir (4:7); according to tradition, this halakhah also only applies to a son, but not to a daughter;

a man may sell his daughter as a maid-servant while she is a minor, but a woman cannot sell her daughter - thus (Ex. 21:7): "And if a man sell his daughter to be a maid-servant," which was interpreted as permitting this to a man but not to a woman. A man betroths his daughter - i.e., a father accepts betrothal for his ketanah (minor) daughter or if she is a na'arah (young maiden aged 12 - 12 and a half), and she is thereby fully betrothed, but a woman cannot betroth her daughter - thus (Deut. 22:16): "And the father of the girl shall say to the elders: 'I gave my daughter to this man;" which implies that the father alone has the right to betroth his daughter.

A man is stoned naked, but a woman is not stoned naked - out of respect for her dignity, so as to avoid her degradation, as explained in Tractate Sanhedrin (6:2-4); a man is hanged - after execution by stoning - but a woman is not hanged - thus (Deut. 21:22): "and you hang him on a tree," meant him alone, but not her.

A man is sold for his theft, but a woman is not sold for her theft - thus (Ex. 22:2): "then he shall be sold for his theft," which meant "for his theft" but not for her theft. There are several other legal distinctions between men and woman (see Kiddushin, end of Chapter One; a man's ear may be pierced with an awl but not a woman's; a man may annul his daughter's vows, but a woman may not; a man is under obligation to procreate, but not a woman; a man may be tried as a stubborn and rebellious son, but a daughter may not, etc.); our mishnah adopted the method of tanna veshiyer (mentioning some cases and omitting others).

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