Commento su Sotah 4:2
וְאֵלּוּ לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתֻבָּה. הָאוֹמֶרֶת טְמֵאָה אָנִי, וְשֶׁבָּאוּ לָהּ עֵדִים שֶׁהִיא טְמֵאָה, וְהָאוֹמֶרֶת אֵינִי שׁוֹתָה. אָמַר בַּעְלָהּ אֵינִי מַשְׁקָהּ, וְשֶׁבַּעְלָהּ בָּא עָלֶיהָ בַדֶּרֶךְ, נוֹטֶלֶת כְּתֻבָּתָהּ וְלֹא שׁוֹתָה. מֵתוּ בַעֲלֵיהֶן עַד שֶׁלֹּא שָׁתוּ, בֵּית שַׁמַּאי אוֹמְרִים, נוֹטְלוֹת כְּתֻבָּה וְלֹא שׁוֹתוֹת. וּבֵית הִלֵּל אוֹמְרִים, לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתֻבָּה:
E questi non bevono e non prendono la loro Ketubah : uno che dice: "Sono impuro", uno dei quali vengono testimoni e dice che è impura, e uno che dice: "Non beverò". Se suo marito dice "Non le farò bere", o suo marito ha dei rapporti con lei lungo la strada [al Tempio], prende la sua Ketubah e non beve. Se suo marito muore prima di bere: Beit Shammai dice, prende la sua Ketubah e non beve. E Beit Hillel dice che non beve e non prende la sua Ketubah .
Bartenura on Mishnah Sotah
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.
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English Explanation of Mishnah Sotah
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.
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Bartenura on Mishnah Sotah
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.
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English Explanation of Mishnah Sotah
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.
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Bartenura on Mishnah Sotah
ב"ש אומרים נוטלות כתובה – for a document that is designated for collection is considered as collected.
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English Explanation of Mishnah Sotah
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).
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Bartenura on Mishnah Sotah
ולא שותות – as it is written (there – Numbers 5:15): “The man shall bring his wife [to the priest].”
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English Explanation of Mishnah Sotah
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.
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Bartenura on Mishnah Sotah
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.
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