Talmud zu Sotah 1:2

HALAKHAH: “A woman living in her husband’s house,” etc. ⁷This paragraph is from Sotah 2:1, Notes 15–23 which is the original since the last sentence, which makes the argument intelligible, is missing here. Rebbi Joḥanan said, for the four who are missing atonement⁸Anyone whose own body was the source of impurity, when he is pure again cannot enter the Temple precinct unless he first brought a sacrifice of cleansing: The woman after childbirth (Lev. 12:6–8), the person healed from skin disease (Lev. 14: 1–32) and the persons healed from genital discharges (Lev. 15:14–15,29–30). others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, the woman after childbirth and one [healed from] skin disease, since a father may dedicate for his small son who is lying in a crib⁹Who could have been afflicted with skin disease and, if female, with a discharge at her birth mimicking menstruation. One understands man or woman [healed from] genital discharges or [healed from] skin disease, but a woman after childbirth? May a minor give birth? ¹⁰This text also is in Yebamot 1:2, Note 153. It implies that a woman giving birth is an adult and no longer in her father’s power. Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rav Ḥuna: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter¹¹Therefore, he should be able to dedicate for his wife who also is dependent upon him.. Since he married her off¹²Even without growing pubic hair, if he married her off she is emancipated from him., she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since ¹³This statement also is in Sotah 1:2, Note 91. In the language of the Babli, Yebamot33b, “the seduction of an under-age girl is rape.” Rebbi Zeˋira, Rebbi Yosa¹⁴With the text in Sotah read: Yasa. said in the name of Rebbi Joḥanan : An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written¹⁵Num. 5:22. The answer of the wife is a requirement that cannot be waved. Therefore, a mute woman cannot undergo the sotah ordeal. The Babli concurs, Sotah27b, quoted in Num. rabba 9(18).: The woman shall say: Amen, amen. Rebbi Abun said, since it is written¹⁶Deut. 14:26. A man’s house usually means his wife. The missing final sentence explains that since he cannot enjoy himself if his wife is forbidden to him, she cannot hinder him in the preparations for her rehabilitation. This answers the original question for the husband. At the same time, R. Abun disagrees with R. Joḥanan and holds that only the husband may dedicate the purgation offering of the woman after childbirth without her knowledge since he has a direct interest in it. While the woman after childbirth is permitted to her husband once she is recovered and pure, she cannot enjoy the holiday sacrifices with him as long as her sacrifice has not been handed over to the Temple personnel.: You shall enjoy together with your house.

Had it not already been stated: “she has no ketubah”?⁴⁷This refers to the statement in the Mishnah that no children of hers, by any of her husbands, do inherit her claim to ketubah if she predeceases the husbands. Since it was stated earlier that she has no claim to any ketubah sum, the statement about her children seems superfluous. Rebbi Yose ben Jacob said, that you should not say, they fined her but not her heirs. Therefore it was necessary to say, she has no ketubah⁴⁸That means, the first mention of the ketubah also refers to the claim of the children (explanation of Rav Papa in Babli 91a)..

Rebbi Eleazar in the name of Rebbi Ḥanina⁸⁷In the opinion of S. Abramson, the name should be Ze‘ira ben Ḥanina, an Amora contemporary with rabbis Yose and Mana mentioned later in the text. Cf. בירורם ,שרגא אברמסון, Sinai 89 (1981) pp. 118–121.: If they saw her putting on her underpants⁸⁸Cf. Soṭah 1:2, Note 115. and the pedlar leaves her house, the thing is ugly, she should leave⁸⁹In the Babli, Yebamot 24b–25a, this and the following statements are by R. Ḥiyya (the elder) quoting the authority of Rebbi. In all these cases, where adultery is not proven by two witnesses to the act, one implies that the woman can be divorced without payment of the ketubah since the acts describe a high probability of adultery, which is admissible proof in money matters and does not need prior warning.. There is slime on her bed, the thing is ugly, she should leave. There is slime on his⁹⁰The other man’s. bed, the thing is ugly, she should leave. His sandal is in front of her bed, the thing is ugly, she should leave. Her sandal is in front of his⁹⁰The other man’s. bed, the thing is ugly, she should leave. Both leave the same dark place, the thing is ugly, she should leave. They lift one another from the cistern, the thing is ugly, she should leave. Both of them clap on her thighs in the bathhouse⁹¹Where everybody is naked. Mishnah 9 implies that the use of public thermal baths was separate by sex; then the reference would be to lesbian relationships which, while not forbidden (cf. Yebamot 8:6, Note 240) are generally classified as undesirable., the thing is ugly, she should leave. Ḥanina bar Iqa in the name of Rebbi Jehudah, in all these cases, if she brings an explanation for her behavior she is believed. Rav Ada bar Aḥawa in the name of Rav: A case came before Rebbi and he said, what of it⁹²It seems to mean that Rebbi did not want to see the courts involved as long as the testimony did not amount to a legal proof. Some commentators of the Babli read the sentence as referring to the woman’s explanation, that Rebbi would not accept any explanation except a legal disproof (cf. R. Yosef Ḥabiba, Nimmuqe Yosef, on Alfassi Yebamot,6a in the Wilna edition.)? They asked before him⁹³This seems to refer to the person mentioned at the head of this paragraph Note 87.: Even if they saw him putting his mouth on her mouth? He said, this did happen, that they saw a man⁹⁴A man other than the husband. putting his mouth on her mouth. The case came befote Rebbi Yose, who said that she should leave without ketubah. Her relatives appealed the case and said, if she is deviant⁹⁵A proven adulteress. Since there is no legal proof, she should take the entire ketubah amount if the husband divorces her.
A document in which כתובה and פרנה are used interchangeably was published by S, Asaph, Tarbiz 9(1938), #1, p. 25., she should leave without ketubah. If she is not deviant, she should take the entire ketubah. Rebbi Mana said to them, bring the ketubah that we may read it. They brought the ketubah and found written in it⁹⁶About this ketubah text which gives the wife the right to force a divorce in exchange for a predetermined financial reward for the husband, see the details in Note 226, Chapter 5.: If this X marries this Y as her husband and should no longer desire his company, she shall take half the ketubah sum. Rebbi Abun said, since she agreed that he⁹⁴A man other than the husband. should put his mouth on her mouth it is as if she hated him; she has only half the ketubah. She lies in his bosom⁹⁷For Aramaic חוּבָּה = Hebrew חיק, cf. Targum Yerušalmi Ex. 4:6,7. A less likely explanation would be “hideout”, derived from the Hebrew root חבא “to hide”. In the cases mentioned here, there are witnesses but the parties are fully clothed. or he lies in her bosom, she is deviant⁹⁸And may be divorced without claim to the ketubah.. If they embrace, she is deviant. If they kiss, she is deviant. If the door is locked, she is deviant. If it is blocked⁹⁹Not locked, but some obstacle would have to be removed before a third party could enter the room., that is a problem¹⁰⁰The wife has not lost her right to sue for the ketubah amount but the outcome of the suit cannot be guaranteed..