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Does a safek sotah (uncertain case of suspected adultery) create actual tumah or merely an issur? Rashi (רש"י) and Tosafos (תוספות) debate whether the tumah written in the Torah (תורה) applies to safek cases or only vadai. The shiur analyzes the implications for chalitzah requirements and develops a fundamental chakira: can safek be vadai for issur purposes but not for tumah, or must these always align?
This shiur conducts a deep lamdus analysis of Yevamos 11a, focusing on Rav's statement that "tzaras sotah" (the co-wife of a suspected adulteress) is forbidden like the co-wife of an ervah, based on the principle of "tumah ksiva karayos" (impurity is written regarding forbidden relations). The central question is whether a safek sotah—a woman who was secluded with a man after receiving a warning but where the adultery is uncertain—creates actual tumah or merely an issur to her husband. Rashi (רש"י) explains that Rav is discussing a case where there was kinui (warning), stirah (seclusion), and eidus (witnesses to the seclusion), but no eidus tumah (witnesses to actual adultery). This creates a safek situation. Tosafos (תוספות) raises a fundamental difficulty: the pasuk "v'nitma" (and she became impure) regarding sotah appears to be written only for the vadai case of actual adultery, not for the safek case. Yet the Gemara (גמרא) derives from "im lo nitna lamah nashkas, im nitna lamah shosa" (if she wasn't defiled why does she need the get, if she was why does she drink) that even a safek sotah is forbidden to her husband. Tosafos suggests that the Torah (תורה) made "safek k'vadai" (treated uncertainty as certainty), but then asks: if so, why does she need chalitzah? If she's treated as vadai tamei, she should be like an ervah who doesn't need chalitzah.
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Yevamos 11a
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