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Week 81 - Friday - 15 June 2001

SOTAH: CHAPTER 8: MISHNAH 3

And these do not return: One who builds a gate-house, or portico or gallery; or one who plants four fruit trees, or five trees that do not bear fruit; or one who remarries his divorced wife; a High Priest who marries a widow, or an ordinary priest who marries a divorcee or a halutzah; an Israelite who marries a mamzeret or a netinah; or a mamzer or natin who marries the daughter of an Israelite - did not return. R. Yehudah says, likewise one who rebuilds his house does not return. R. Eleazar says, likewise one who builds a house of bricks in Sharon does not return.

Kehati

After learning in the previous mishnah which men returned from the battlefield in accordance with the proclamation of the Priest Anointed for Battle, this mishnah teaches that there are among those who have built or planted or betrothed, such as do not return from the battlefield.

And these do not return - from the military disposition - One who builds a gate-house - i.e., a hut adjoining the courtyard gate to accommodate the guard, or portico - providing a sheltered access to his house, or gallery - a veranda on the upper story of the house; since none of these are inhabitable, they do not provide a reason for returning, as they are not included in the category of "what man is there who has built a new house," or one who plants four fruit trees - this is unlike a vineyard whose minimum requires five vines in order to count as such - or five trees that do not bear fruit - if he planted five or even more non-fruit-bearing trees, he is not covered by the verse, "what man is there who has planted a vineyard, and hence does not return;

or one who remarries his divorced wife - does not return, since she is not new to him, the Torah states (Deut. 24:5): "When a man takes a new wife he shall not go out in the host"; also, whoever has betrothed a woman whom he is forbidden to marry, e.g., a High Priest who marries a widow, or an ordinary priest who marries a divorcee or halutzah - one who performed halitzah - an Israelite who marries a mamzeret - i.e., the offspring of cohabitation punishable by karet - or a netinah - i.e., conquered Canaanites allotted by David to the Levites for menial service in the Temple - or a mamzer or natin who marries the daughter of an Israelite - as we have explained (see Yev. 2:3), did not return - thus: "And what man is there that has betrothed a woman, and has not taken her," implies that she must be eligible within the law.

R. Yehudah says, Likewise one who rebuilds his house - which had collapsed or he demolished it, and rebuilt it, without adding to it does not return - from the battlefield, since it does not signify a "new house."

R. Eleazar says, Likewise one who builds a house of bricks in Sharon - in the coastal plain of Eretz Israel, where such structures proved to be fragile, and required renewal twice during each seven-year period does not return - since such a house fails to endure, R. Eleazar holds that its builder is not released from he battlefield, as he is not within the category of "what man is there who has built."

SOTAH: CHAPTER 8: MISHNAH 4

And these are they that do not move from their place: One who built a house and dedicated it; one who planted a vineyard and redeemed it, one who married his betrothed, or wed his brother's widow in levirate marriage, as it is said (Deut. 24:5): "he shall be free for his house one year": "for his house" - this denotes his house; "he shall be" this denotes his vineyard; "and shall gladden his wife" - this denotes his wife; "whom he has taken" - this is to include his brother's widow. These do not provide water and food, and do not repair the roads.

Kehati

Mishnah 3 dealt with those enlisted who would return from the battlefield by order of the Priest Anointed for Battle. These were not exempt from supplying water and food to their brethren in combat, and from repairing the roads. Our mishnah lists those who are totally exempt from enlistment.

And these are they that do not move from their place - who did not participate in military activity, not even to supply food or repair roads, etc. as they are required to stay at home: One who built a house and dedicated it - but has not yet lived in it for a year, One who planted a vineyard and redeemed it - he redeemed the produce of his fourth year kerem revai and began to eat thereof, however, the entire fourth year has not yet passed, One who married his betrothed or wed his brother's widow in levirate marriage - but a year has not yet elapsed since the day of marriage or the day of the levirate marriage, as it is said - "when a man takes a new wife, he shall not go out with the army, neither shall he be charged with any matter - he shall be free for his house one year - and gladden his wife whom he has taken"; the Sages interpreted the apparently superfluous expressions thus: "for his house" - this denotes his house - the home he built and dedicated, "he shall be" this denotes his vineyard - i.e., the term yihyeh (shall be) means to add something akin to his house, namely a vineyard which he redeemed and began eating its produce; "and shall gladden his wife" - this denotes his wife - during the first year after marriage, "whom he has taken" - this is to include his brother's widow - i.e., the phrase "whom he has taken" incorporates his yevamah (brother's widow) whom he has married; whose legal status corresponds to that of a spouse married after betrothal; all these do not leave their homes; moreover,

These do not provide water and food, and do not repair the roads, as it is stated "he shall not go out with the army, neither shall he be charged with any matter." The Gemara cites the following baraita: "he shall not go out with the army" - you might think, let him not go out with the army, but let him provide water and food and repair the roads. The Torah therefore teaches: "neither shall he be charged with any matter." You might extend this even to one who builds a house but has not dedicated it, etc. The Torah therefore teaches: "he" - him you do not burden with any matter, but you do burden others. Now since it says, "neither (shall he) be charged" why the phrase "he shall not go out with the army? So as to render the disregard of this order an infringement of two negative injunctions."

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