Commentaire sur Sotah 4:8

ארוסה ושומרת יבם – a betrothed woman whose betrothed is jealous of her and the childless brother’s widow awaiting levirate marriage whose levir is jealous of her.

Introduction Our mishnah deals with situations in which the woman, suspected of committing adultery, does not have the opportunity to drink the bitter waters, but rather she must be divorced and does not receive her ketubah.

A betrothed woman and a shomeret yavam do not drink [the bitter waters] and do not receive their ketubah, as it is said, “When a wife, being under her husband, goes astray” (Numbers 5:29), this excludes a betrothed woman and a shomeret yavam. The Torah uses the word “wife” (alternatively translated as woman) in summarizing the laws of the Sotah. From here the rabbis deduce that she must have the status of full wife in order to drink the bitter waters. A betrothed woman does not have such a status and hence, even if her fiancé forbids her from being secluded with a certain man and afterwards she is secluded with him, she does not undergo the sotah ordeal. Similarly, a “shomeret yavam”, a woman whose husband died childless and is waiting for either levirate marriage (yibbum) or the release from levirate marriage (halitzah), does not drink the bitter waters. This refers to a case where the yavam, her brother-in-law, warned her not to be secluded with a certain man. Both of these women do lose their ketubah, since they were secluded after being warned; however, neither is allowed to undergo the sotah ordeal.

ולא נוטלות כתובה – for she caused to make herself prohibited upon him for she had retired under suspicious circumstances after a warning given to the suspected wife–manifestation of jealousy that from this manifestation of jealousy and the prohibition, one does not do less, as it is written (Numbers 5:12): “Speak to the Israelite people, etc.” which includes the betrothed woman and the childless brother’s widow awaiting levirate marriage.

A widow who had married a high priest, a divorced woman or a halutzah who had married an ordinary priest, a mamzeret or a netinah who had married an Israelite, and the daughter of an Israelite who had married a mamzer or a natin do not drink [the bitter waters] and do not receive their ketubah. This section is also based on the fact that the Torah uses the word “wife”. Here “wife” excludes a woman who was prohibited from being her husband’s wife. The mishnah lists all relations which are prohibited and yet nevertheless the marriage is legally valid (the marriage would not be valid in cases of incest). This includes the widow who may not marry the high priest, and the divorcee and halutzah (woman who had previously been released from levirate marriage) who may not marry a normal priest. With regard to Israelites it includes the prohibition of marrying a mamzer (one born of forbidden sexual union) and natin (descendent of Temple slaves). We have already encountered these categories in various places in Yevamoth and Ketuboth. We should note that according to the Rambam, the waters don’t work in these cases because the husband married a woman forbidden to him. The waters work only when the husband is also free from having committed any transgressions.

תחת אישה – The verse states that she sits underneath him.

נתינה – from the Gibeonites and they are prohibited from entering the congregation [of the Lord].

לא שותות – this portion was not stated other than when it was appropriate to fulfill it, as it is written (Numbers 5:12): “if any man’s wife has gone astray.” The Biblical verse speaks of what is appropriate to marriage, except for a widow [married] with a High Priest [or a divorcee or a woman released from a levirate marriage by Halitzah with a regular Kohen,] etc.

ולא נוטלות כתובה – even though the rest of the widows with a Kohen Gadol–High Priest collect their Ketubot, as we state in [Tractate] Ketubot [100b and Tractate Yevamot 84a]. This woman does not have her Ketubah because her retiring under suspicious circumstances caused this to her.

אמר בעלה איני מקשה ושבעלה בא עליה בדרך – since he causes her that she should not drink [the waters of bitterness], she takes–receives her Ketubah.

Introduction This mishnah lists women who became sotahs but do not drink the water. Some of them receive their ketubah and some don’t. It all depends on why they don’t drink. Some of these cases have already been mentioned in above mishnayoth.

מתו בעליהן – all of the women suspected of infidelity who are appropriate to drink, but did not have an opportunity to be caused [by their husbands] to drink [the bitter waters] until they died.

And these are the [women] who do not drink and do not receive their ketubah: She who says “I am defiled”; When witnesses came [and testified] that she was defiled; And she who says “I refuse to drink.” These women do not receive their ketubah because either they refused to drink or it became obvious that they had committed adultery. A woman who has committed adultery always forfeits her right to collect her ketubah.

ב"ש אומרים נוטלות כתובה – for a document that is designated for collection is considered as collected.

When her husband says “I am not letting her drink”, And when her husband has sexual relations with her on the journey [to Jerusalem] she receives her ketubah but does not drink. If her husband is the reason that she doesn’t drink, she does receive her ketubah. This can happen either because he stated outright that he doesn’t want her to drink or because he had relations with her after she became a sotah (see above chapter one, mishnah three).

ולא שותות – as it is written (there – Numbers 5:15): “The man shall bring his wife [to the priest].”

If the husbands died before [the women] drank: Beth Shammai says: they receive their ketubah but do not drink, And Beth Hillel says: they do not drink and they do not receive their ketubah. In this case, the husband warned his wife not to be secluded with a certain man and then she was. Before she had a chance to drink, the husband died. Everyone agrees that she does not drink the water. They disagree with regard to the ketubah. Beth Shammai holds that she collects the ketubah. The Talmud explains that Beth Shammai views a debt document (which a ketubah is) as if it has already been collected. Therefore the money stated in the ketubah is already hers, and unless the husband’s heirs can prove otherwise, she gets to collect. Since they can’t prove that she committed adultery, the ketubah belongs to her. Beth Hillel holds that she loses her ketubah. They do not view debt documents as if the money has already been collected, and therefore the money is still part of her husband’s estate. Hence, she must prove that she is owed the money and that she didn’t commit adultery. Since she cannot drink the waters to prove her innocence, she loses her ketubah.

וב"ה אומרים לא שותות ולא נוטלות כתובתן – meaning to say that from out of the fact that they don’t drink [the waters of bitterness] , they don’t take their Ketubot, for the document that is designated for collection is not considered as already collected.

מעוברת חבירו – who died or divorced her and left her pregnant or nursing and the Sages forbid her to marry until the child born would be two years old and he went and married her prior to that time and was jealous of her and she had retired under suspicious circumstances.

Introduction This mishnah continues to discuss situations where a man married a woman prohibited to him, and therefore should she become a sotah she doesn’t drink the bitter waters or receive her ketubah. We should note that according to the mishnah it is dangerous for a nursing woman to become pregnant again, for fear that her milk would dry up. This was probably a greater possibility when nutrition was not as good as it is today. Despite this, rabbis did not prohibit pregnant women from having sexual relations with their husbands.

לא שותה – for she is not appropriate to fulfill it for Rabbi Meir holds ha a person who marries a woman who was impregnated by another or who had her become a nursing mother from another should divorce her and never ever return her. But the Halakha is not according to Rabbi Meir.

[A wife] who was pregnant by a former husband or was nursing a child by a former husband does not drink and does not receive the ketubah, the words of Rabbi Meir. But the sages says: he may separate her [from himself] and take her back after the period [of two years]. A man may not marry a widow who is either pregnant or nursing a child from her former husband. The rabbis feared that a new baby with a new husband would cause a problem for the nursing child (and pregnant women will eventually be nursing women), for the mother could not don’t nurse two babies at the same time. While a husband may continue to have sexual relations with his wife even when she is nursing, in that case we can assume that if the milk is not sufficient for both children, the husband will supplement it with eggs and goat’s milk, which were used as supplements before formula existed. However, concering a new husband we cannot be sure that he will also do so (since the first child is not his), therefore the rabbis forbade the marriage. Since the marriage was prohibited, Rabbi Meir says that she doesn’t drink the waters, nor does she collect her ketubah. The Sages hold that the marriage is not truly prohibited, because he may remain married to her while at the same time staying separate from her (sexually) for two years. This refers to the standard length of time in which women nursed their children. This way she won’t become pregnant while still nursing. Since the marriage can be maintained, she can become a sotah, and drink the water.

יכול הוא להפרישה – until twenty-four months [have passed] and then to retore her. Therefore, we can her worthy of marriage.

An aylonit [who is incapable of giving birth], an old woman, and one who is unfit to bear children do not drink and do not receive the ketubah. Rabbi Eliezer says: he may marry another wife and be fruitful and multiply with her. The women listed in this section can all, by definition, not have children. An aylonit is a girl who never develops physical signs of maturity. By definition she cannot conceive. The old woman referred to here is one past child-bearing age. The woman who is unfit to bear children refers to one who drank a sterilizing potion. According to the first opinion in the mishnah, it is forbidden for a man to marry these types of women because they cannot bear children, and he is commanded to have children. Since this is a forbidden marriage, she does not drink the water. We should note that in Yevamoth 6:5 we learned that this prohibition only refers to someone who does not yet have children. A man who has children may marry a woman who cannot have children, since he has already performed his commandment. Rabbi Eliezer points out that this marriage too, while originally prohibited, may be maintained if he marries another woman with whom he can have children. Therefore, if she becomes a sotah she can drink the water.

אילונית – she is man-like and does not give birth (i.e., barren, incapable of conception – see Talmud Ketubot 11a for its etymology from "איל"–ram-like).

All other women either drink or do not receive the ketubah. All other women, if they don’t want to drink the water, also do not receive their ketubah.

ושאינה ראויה לילד – for she had drank that cup of impotence–sterility, and it is prohibited to establish them for one who has not children.

ר"א אומר יכול הוא לישא אשה אחרת – and he will be permitted to uphold this one. Therefore, she is appropriate for marriage. But the Halakha is not according to Rabbi Eliezer.

אשת כהן שותה ומותרת לבעלה – if she is found innocent, for you might have thought for since she is the wife of a Koehn that was forced [to have sexual intercourse with another man], she is forbidden to her husband, let us fear lest she was forced to have sexual intercourse [with another man] and therefore, the [bitter] waters did not examine her, this comes to teach us that this is not the case.

Introduction In the previous several mishnayoth, we learned of several categories of women who do not drink the water. Our mishnah adds certain women that do, even though it might be supposed that they should not.

אשת סריס – that you should not say that apart from “your wife” (Numbers 5:19), the All-Merciful said. But this one is not son of that one. This is what it comes to tell us.

The wife of a priest drinks and [if she is found to be innocent] is permitted to her husband. The sexual prohibitions for a priest are more stringent than they are for a non-priest. For instance, if the wife of a priest is raped, the priest may not stay married to her. Therefore, the mishnah comes to teach that if she drinks the water, and the water does not cause the negative effects, she may remain married to her husband.

על ידי כל העריות מקנאים – if he was jealous of her from her father or from her brother, or from one of all of the prohibited relationships and she had retired under suspicious circumstances, it is a manifestation of warning and she is prohibited to him and she drinks [the waters of bitterness]. So that she will not state that “she was defiled,” “she was defiled,” twice – the first [time] to her husband and the [second] to the one who had engaged in intercourse with her, for where he is forbidden to her with this act of prostitution excluding that where is he is prohibited to her and we establish [stating not], this is what it comes to tell us [that this is not the case].

The wife of a eunuch drinks. Even though a eunuch cannot have chidren, he may remain married to his wife. If she becomes a sotah, she drinks the water as does a regular wife.

חוץ מן הקטן – younger than nine years of age and one day where Maimonides explained that his coition is not coition. But to me, it appears that a minor child younger than age thirteen and one day who had not brought signs of puberty, as it is written (Numbers 5:13): “in that a man has had carnal relations with her,” a man, but not a minor child.

Through [seclusion with] all persons forbidden to her in marriage wives are subjected to warning with the exception of a minor and one not a human. Chapter one began by describing the process whereby a husband warns his wife not to be secluded with a certain man. If she is secluded with that man in front of witnesses she becomes a sotah and must drink the water in order to clear her name. Our mishnah teaches that the husband may warn her not to be secluded even with men prohibited to her, such as her father or her son. This is true even though a woman may normally be secluded with either of them. The only two categories of women with regard to whom he cannot warn her are children and animals. These two categories are excluded by a midrash on the word “ish” (man) in Numbers 5:13. Ish excludes animals and minors. If the husband warns her not to be secluded with them and she is secluded with them she doesn’t drink the water and she is not prohibited to her husband.

ממי שאינו איש – excluding an animal.

אלו שב"ד מקנאין להם – if they see them that they are acting with licentiousness.

Introduction The final mishnah in our chapter deals with a husband who is incapable of warning his wife not to be secluded with a certain man. In these cases the mishnah teaches that the court warns the woman on behalf of the husband. However, there is a debate about how effective this warning actually is.

ולא להשקותה אמרו – for we surely require (Numbers 5:15): “that man shall bring his wife [to the priest]” and we don’t have it, and her husband also, when he will come, he cannot cause her to drink [the waters of bitterness] through this warning given to the suspected wife for we require (Numbers 5:14): “and he is wrought up about the wife [who has defiled herself]” and (Numbers 5:15): “that man shall bring his wife,” and Rabbi Yosi does not require: “he is wrought up about the wife”–"וקנא" and “that man shall bring his wife”–"והביא" and the Halakha is not according to Rabbi Yosi. But a blind person does not cause his wife to drink, as it states (there – Numbers 5:13): “unbeknown to her husband”–"מעיני אישה" (literally, from the eyes of her husband), and from what is stated (Numbers 5:29): “a woman who goes astray while married to her husband”–"אשה תחת אישה" – we learned that whatever prevents the husband from causing [her] to drink, prevents the woman from drinking [the waters of bitterness] if his wife had the same thing. Therefore, if she was blind, she does not drink, and if she was lame, she does not drink, as it states (Numbers 5:18): “After he (i.e., the priest) has made the woman stand [before the LORD],” and similarly, if she had her hand or fingers cut off, as it states (Numbers 5:18): “and place upon her hands [the meal offering of remembrance],” or mute, as we require (Numbers 5:22): “And the woman shall say, [“Amen, amen],” and similarly, if the husband was lame, or had his fingers or hand cut off or was mute, he does not cause her to drink [the waters of bitterness, since it is written (Numbers 5:29): “when a woman goes astray while married to her husband”–"אשה תחת אישה" – as we have stated.

In the following cases a court can give the warning [on behalf of the husband]: When the husband became a deaf-mute or an idiot, or was imprisoned. If the court sees that people are talking and rumors are spreading about a woman who is committing adultery with a certain man, but the husband does not have the ability to warn her, the court may warn her on the husband’s behalf. The husband may not have this ability because he has lost his ability to hear and speak, he has lost his senses (an idiot) or he was imprisoned.

Not in order to make her drink did they say this, but to disqualify her from receiving her ketubah. Rabbi Yose says: also to make her drink; when her husband is released from prison he makes her drink. According to both opinions in this section if the court warns her not to be secluded with a certain person, and she is nevertheless secluded with him, she loses her ketubah. She is also forbidden to her husband. However, there is a debate regarding whether this warning is sufficient to cause her to drink the water. According to the first opinion it is not. Should the husband get out of prison, or regain his hearing or senses, and the woman has not yet been secluded with the other man, her husband will need to warn her himself in order for her to drink the water should she be secluded. Rabbi Yose holds that the court’s warning is equivalent to the husband’s; therefore she drinks the water even if the court warns her and the husband does not. However, the husband must get out of prison (or regain his hearing or senses) in order to bring her to the Temple to make her drink the water.