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Why does a tzaras sotah (co-wife of a sotah) need chalitzah if the sotah herself doesn't? The shiur analyzes the fundamental machlokes between the Rosh and Tosafos (תוספות) on the nature of safek tumah in sotah: whether doubt itself creates tumah (Rosh) or the Torah (תורה) commands us to treat the woman as if she were tamei (Tosafos), with major ramifications for yibum and chalitzah.
This shiur explores a difficult Tosafos (תוספות) in Yevamos 11a regarding the halachic status of a tzaras sotah—the co-wife of a woman who became a sotah (suspected adulteress). The core question is why the tzaras sotah requires chalitzah when a vadai sotah (a woman who is definitively tamei through witnessed adultery) would not require chalitzah at all, as she becomes an ervah to her husband. Tosafos raises a fundamental kashya: if the sotah is only a safek (doubtful case), it should follow the principle of safek derabbanan lehakel (we are lenient in cases of rabbinic doubt), so why would she need chalitzah? Furthermore, if the answer is that the Torah (תורה) instituted a principle of "asah Torah safek kivadai" (the Torah treats doubt as certainty), then the sotah should be treated as vadai tamei, which would make her an eishes ach (forbidden wife of a brother) and thus exempt from chalitzah entirely. Yet the Gemara (גמרא) concludes she does need chalitzah.
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Yevamos 11a
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