Comentario sobre Sotá 6:4
עֵד אוֹמֵר נִטְמֵאת וְעֵד אוֹמֵר לֹא נִטְמֵאת, אִשָּׁה אוֹמֶרֶת נִטְמֵאת וְאִשָּׁה אוֹמֶרֶת לֹא נִטְמֵאת, הָיְתָה שׁוֹתָה. אֶחָד אוֹמֵר נִטְמֵאת וּשְׁנַיִם אוֹמְרִים לֹא נִטְמֵאת, הָיְתָה שׁוֹתָה. שְׁנַיִם אוֹמְרִים נִטְמֵאת וְאֶחָד אוֹמֵר לֹא נִטְמֵאת, לֹא הָיְתָה שׁוֹתָה:
[Si] un testigo dice "se volvió impura" y [otro] testigo dice "no se volvió impura"; o una mujer dice "se volvió impura" y [otra] mujer dice "no se volvió impura", bebería [las aguas amargas]. [Si] un [testigo] dice "se volvió impura" y dos [testigos] dicen "no se volvió impura", bebería [las aguas amargas]. [Si] dos [testigos] dicen "se volvió impura" y uno [testigo] dice "no se volvió impura", no bebería [las aguas amargas].
Bartenura on Mishnah Sotah
עד אומר נטמאת ועד אומר לא נטמאת – establish one near one, and there is doubt regarding her and she drinks, and especially when they come one in the presence of the other. But this one after that one, when the first stated that she was defiled, he is believed as two [witnesses]. But the second who states that was not defiled, is just considered as one, for the words of the one are not in place of two [witnesses].
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English Explanation of Mishnah Sotah
Introduction
The last mishnah of this chapter deals with a case where there is contradictory testimony with regard to whether or not she committed adultery (was defiled). We should remember that there has already been a process of warning before these witnesses come and testify.
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Bartenura on Mishnah Sotah
ושנים אומרים לא נטמאת – meaning to say that she was not defiled in your presence, that when you came and found that they retired under suspicious circumstances together and we also were with you and in your presence she was not defiled, the one witness was dismissed and his words were voided because of the two [witnesses] and she remains in a state of “doubt” if she had been defiled before they came and found them [together] and therefore, she drinks [the bitter waters]. And we are taught by the Tanna–teacher in these two clauses of our Mishnah that they are ineligible for [providing] testimony, they went after the majority opinion whether for leniency or stringency, meaning to say, whether to cause her to drink or not to cause her to drink.
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English Explanation of Mishnah Sotah
If one witness says that she was defiled and another witness says that she was not defiled; Or if a woman says [of her] that she was defiled and another woman says that she was not defiled, she drinks. The testimony of the first witness is contradicted by that of the second witness; each witness’s testimony nullifies that of the other. Since there is no testimony that she was defiled but there was evidence that she was warned and secluded, she drinks the water. The same is true if both witnesses are women. Although women are generally not allowed to testify, they are allowed to testify in this case. However, since they contradict each other, their testimony is nullified.
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English Explanation of Mishnah Sotah
If one witness says that she was defiled and two say that she was not defiled, she drinks. In this case, after one witness testifies that she was defiled, two witnesses testify that she was not defiled. One might have thought that this would have been sufficient not only to nullify the first testimony, but to totally prove her innocence. However, it is still possible that she was defiled before the witnesses saw that she was not (they had completed their adulterous act before the witnesses saw them). Since she was after all secluded with the man whom her husband suspects, she must drink the sotah waters in order to establish her innocence.
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English Explanation of Mishnah Sotah
If two say that she was defiled and one says that she did not, she does not drink. Since two witnesses say that she was defiled, a single witness who says that she was not defiled cannot nullify their testimony. Hence, it is established that she has committed adultery and therefore she does not drink the water. Rather she becomes prohibited to her husband and loses her ketubah.
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