The warning that is mentioned in the Torah - "And he warned his wife" - is that he tells her in the presence of witnesses, "Do not seclude yourself with Mr. so-and-so," even if that man is her father, her brother, a gentile, a slave, or an impotent person who cannot achieve an erection or produce children."
Sefer Nashim
הלכות סוטה
Woman Suspected of Infidelity
The fourth book is Nashim (Women). Sotah laws concerning a woman suspected of infidelity.
Complete work · 4 chapters · Hebrew + English
Chapter 1
Chapter 1
The seclusion mentioned in the Torah - "And she secludes herself" - is that she secludes herself with the same man about whom her husband had told her, "Do not seclude yourself with him," in the presence of two witnesses. If she remained with him long enough to defile herself, which is the time it takes to roast an egg and swallow it, then she is forbidden to her husband until she drinks the bitter waters and the matter is examined. And when there are no Sotah waters, she becomes forbidden to her husband forever and she leaves the marriage without a kesubah.
If he warns her about two people simultaneously and he tells her, "Do not seclude yourself with so-and-so and so-and-so," and she secludes herself with both of them simultaneously, and she remains with them long enough to defile herself, then even if the two men are her brothers or her father and brother, she is forbidden to her husband until she will drink the Sotah waters.
If he tells her in the presence of two witnesses, "Do not speak with so-and-so," that is an invalid warning. And even if she secludes herself with that man in the presence of witnesses and remains with him long enough to defile herself, she does not become forbidden to him and need not drink the Sotah waters based on this warning.
And similarly, if he told her, "Do not seclude yourself with him," and witnesses see her speaking with him, this is an invalid seclusion, and she does not become forbidden to her husband, and she need not drink the Sotah waters. And similarly, if the warning did not precede the arrival two witnesses who testify that she secluded herself with someone and remained with him a duration long enough to defile herself, then she is not forbidden to her husband and she need not drink the Sotah waters.
If he told her: "Do not enter into privacy with so and so," and named a boy below the age of nine," or he told her: "Do not enter into privacy with this animal," this is not a [binding] warning. [These laws are derived as follows:] The Torah [ibid.] states: "And a man had relations with her." This excludes a minor and an animal. She is not forbidden to her husband because of them.
When a husband forgoes a warning before his wife enters into privacy with [the man in question], the warning is nullified, and it is as if he had never issued a warning to her [regarding him]. If, however, he forgoes the warning after she enters into privacy with him, the warning cannot be nullified. If he divorces his wife, it is as if he has nullified the warning. If he remarries her, he must issue a second warning [for her to be bound by it].
If [the husband] issued a warning to [his wife] in the presence of two [witnesses] and then saw her enter into privacy with the man concerning whom she was warned, and she remained long enough to engage in relations, she becomes forbidden to him. He must divorce her and pay her [the money due her by virtue of her] ketubah. Similarly, if he hears people gossiping about her after she has been warned, that she entered into privacy with the man in question, to the extent that the women who weave at night by the moonlight chatter about her, saying that she committed adultery with the man concerning whom she has been warned, her husband is forbidden to remain married to her and must instead divorce her and pay her [the money due her by virtue of] her ketubah.
[The following rules apply when] one witness comes and testifies that, after a warning was issued, she entered into privacy with the man concerning whom she was warned and remained long enough to engage in relations. If [the husband] considers [the witness] to be faithful, and he relies on him, he must divorce her and pay her [the money due her by virtue of] her ketubah. If [he does] not [rely on that person], his wife remains permitted to him.
The court should issue a warning to the following women [who are suspected of immodest behavior]: a woman whose husband has become a deaf-mute or has lost control of his mental faculties, one whose husband is overseas or one whose husband is imprisoned. The intent is not to have [such a woman] drink [the bitter water], but rather to disqualify her from receiving [the money due her by virtue of] her ketubah.
What is implied? If the court hears that people are gossiping about [a particular woman], they call her and tell her: "Do not enter into privacy with so and so." If witnesses come afterwards and testify that she entered into privacy with the man concerning whom she was warned, and remained long enough to engage in relations, the court prohibits her [from engaging in relations] with her husband forever and tears up her marriage contract. When her husband returns, regains his health or is released from prison, he must give her a get. He cannot require her to drink [the bitter water], because he did not administer the warning himself.
[The following rules apply if a woman was required to] drink the bitter water [because of her husband's suspicion of a particular man] and did not die as a result of it, and afterwards, her husband gave her a warning with regard to that same man. If she enters into privacy with him, he cannot make her drink because of him a second time. Instead, she becomes forbidden to her husband forever and must be divorced without receiving [the money due her by virtue of] her ketubah. If, however, her husband issued a warning to her regarding another man, and she entered into privacy with him in the presence of witnesses, she can be forced to drink the waters again. Indeed, this can happen several times, provided each time her husband has her drink because of another man.
If a woman's husband had her drink [the bitter water] because of a specific man and then divorced her and she remarried, her second husband can issue a warning to her with regard to the same man. If she enters into privacy with him, her husband can make her drink [the bitter water], because he is her second husband. Even if a hundred men married this woman one after the other, they can all have her drink [the bitter water] because of this same man.
[The following laws apply if] a woman was warned by her husband and then entered into privacy [with the man in question] after the warning, thus causing her to be required to drink [the bitter water]. If [even] one witness comes and states that she engaged in sexual relations with the man regarding whom she was warned in his presence, the woman is forbidden to her husband forever. She may not drink [the bitter water], and must be divorced without receiving [the money due her by virtue of] her ketubah. This applies even if the witness who testifies concerning her adultery is also one of the witnesses who testifies that she entered into privacy with [the man regarding whom she was warned]. [This ruling is derived from Numbers 5:13]: "There is no witness against her."
Even a woman, a servant, a maid-servant or someone disqualified from testifying because of [the transgression of] a Rabbinic prohibition, and even a relative, may testify with regard to a woman suspected of infidelity, saying that she committed adultery. This causes her to be forbidden to her husband forever, to be prevented from drinking [the bitter water] and to be divorced without receiving [the money due her by virtue of] her ketubah. [The rationale is] that since the Torah accepts the testimony of one witness with regard to [the woman's] adultery [we see that the formal laws of testimony do not apply]. Therefore, anyone's testimony is accepted with regard to this matter. Even the five women who we assume hate each other can offer testimony regarding each other, saying that they committed adultery [in these circumstances]. Their testimony is accepted with regard to causing her to be forbidden to her husband and not [to compel her] to drink [the bitter water]. It is not a sufficient basis to cause her to forfeit [the money due her by virtue of] her ketubah. Instead, she collects [the money due her by virtue of] her ketubah and leaves [his household].
If one acceptable witness comes and says that the woman committed adultery, she is not required to drink [the bitter water], as we stated. If another witness comes and contradicts his testimony, saying: "She did not commit adultery," the statements [of the second witness] are disregarded. [The rationale is] with regard to a sotah, [the testimony of] one witness is considered equivalent to [that of] two [witnesses in ordinary matters]. Thus, the testimony of the second witness cannot nullify the testimony of the first witness, which is considered to be equivalent to [that of] two witnesses.
If, however, both come at the same time and one says: "She committed adultery," and the other says, "She did not commit adultery," or one says: "She committed adultery," and two others say, "She did not commit adultery," she must drink [the bitter water].
When one acceptable witness and many women or unacceptable witnesses come at the same time, and the acceptable witness says that the woman committed adultery, while the women or the unacceptable witnesses say that she did not, she is required to drink [the bitter water]. [The rationale is that the testimony of] one acceptable witness and [that of] many unacceptable witnesses are considered to be of equal weight.
If all the witnesses are unacceptable, the ruling depends on the majority. What is implied? If two women say she committed adultery, and three say she did not, she must drink [the bitter water]. If three say she did not commit adultery and four say that she did, she is not required to drink. If an equal number of women espouse each position, she must drink [the waters].
In all instances that we said that a sotah should not drink [the waters] because of testimony that she committed adultery, she is forbidden to her husband forever and must be divorced without receiving [the money due her by virtue of] her ketubah, for she was forbidden because [she received a] warning and entered into privacy [with the said man]. And she is prevented from drinking the waters, [which could] cause her [to be] permitted, because of the presence of the witness, as we explained.
Chapter 2
Chapter 2
When a woman is given a warning and enters into privacy [with the man in question], she is not compelled to drink the bitter water. Instead, if she says, "I committed adultery," she is not required to drink the waters, but she must be divorced without receiving [the money due her by virtue of] her ketubah, and she is forbidden to her husband forever. Similarly, if she says: "I did not commit adultery, but I will not drink the waters," she is not forced to drink, but she must be divorced without receiving [the money due her by virtue of] her ketubah. And if her husband says, "I don't want to have her drink," or if he engaged in relations with her after she entered into privacy [with the man in question], she should not drink [the bitter water]. Instead, she is given [the money due her by virtue of] her ketubah and departs; she is forbidden to him forever.
The following women are not fit to drink [the bitter water] even though they desire to drink, and their husbands desire to have them drink. Instead, once witnesses testify that [such women] entered into privacy with the men in question after witnesses testify that a warning was granted, they are forbidden to their husbands and must be divorced without receiving [the money due them by virtue of] their ketubah. There are fifteen such women; they are: a woman who was consecrated but the marriage bond was not consummated, a yevamah who is waiting for her husband's brother to perform yibbum, a minor married to a man past the age of majority, a woman who is past majority who is married to a minor, the wife of an androgynous, the wife of a blind man, the wife of a man who limps, who cannot speak, who is deaf, or whose hand has been cut off, and similarly, a woman who limps, who cannot speak, who is blind, whose hand has been cut off, or who is deaf. All the above are not fit to drink [the bitter water].
What are the sources that exclude these women from drinking [the bitter water]? [Numbers 5:29] states: "When a woman deviates [from the paths of modesty] while married to her husband...." "While married" excludes a woman who was consecrated, but the marriage bond was not consummated, and a yevamah who is waiting for her husband's brother to perform yibbum. "Her husband" excludes a minor married to a man past the age of majority. "While married to her husband" excludes a woman who is past majority who is married to a minor, and the wife of an androgynous, for he is not a man. [Numbers 5:13 states:] "And it was hidden from the eyes of her husband" - This excludes the wife of a blind man. "And the priest shall have the woman stand" [Ibid.:18] - This excludes a woman who limps. "And he shall place on her palm" [Ibid.] - This excludes a woman who does not have a hand or whose hand is crooked or shrunk to the extent that she cannot hold [the meal offering]. This applies even if only one hand is in this condition, for the verse uses the plural form of the word palm, [indicating that both hands must be fit to perform this act]. "And the woman shall say" [Ibid.:22] - This excludes a woman who cannot speak. "And he shall say to the woman" [Ibid.:19] - This excludes a woman who cannot hear. And [the passage continues, Ibid.:20:] "When a woman deviates [from the path of modesty] while married to her husband..." - This indicates that she must be of sound body, possessing all the physical characteristics [mentioned previously] that he possesses, and he [must possess the characteristics mentioned that she possesses]. This teaches that any physical factor that prevents her from drinking [the bitter water] prevents her husband from compelling her to drink. And any factor that prevents her husband from compelling her to drink prevents her from drinking.
When a minor is married off by her father, she is forbidden to her husband if she willingly commits adultery. Therefore, she is given a warning, not to compel her to drink [the bitter water], but so that she will be denied [the money due her by virtue of] her ketubah, as stated above. With regard to a minor who is entitled to nullify her marriage through mi'un, by contrast, no warning is given, for she has no desire to be forbidden to her husband. [Even if she commits adultery,] she is not forbidden to her husband, even if he is a priest.
When a man issues a warning to a woman he consecrated or to his yevamah, and she entered into privacy [with the man in question] after [the husband] consummated their marriage, she must drink [the bitter water] like any other [married] woman. When a husband issued a warning to his wife and she enters into privacy [with the man in question] before her husband engaged in sexual relations with her, she does not drink [the bitter water]. Instead, she is divorced without receiving [the money due her by virtue of] her ketubah and is forbidden to her husband forever. [This is alluded to by Numbers 5:20, which] states: "And another man has lain with you other than your husband," [implied is] that relations with the husband preceded relations with the man in question.
[The following women are judged] like all other married women - who are permitted to remain married - and are required to drink [the bitter water if they violated a husband's warning]: a convert, a freed maidservant, the wife of a convert, the wife of a freed servant, a woman who is of illegitimate parenthood, the wife of a man of illegitimate parenthood and the wife of an impotent man - whether he became impotent naturally or through an act of man.
A pregnant woman and a nursing woman are required to drink [the bitter water] in their present state. When a woman is required to drink [the bitter water], but her husband dies before she has the opportunity of doing so, she should neither drink nor collect [the money due her by virtue of] her ketubah.
Whenever a man has engaged in forbidden relations from the time he attained majority onward, the curse-bearing waters do not test [the fidelity of] his wife. Even if he engaged in relations with the woman he consecrated while she was living in her father's house - which is a Rabbinic prohibition - the waters do not test [the fidelity of] his wife. [This is derived from Numbers 5:31, which] states: "The man will then be free of sin, and the woman will bear [the burden of] her sin." [Implied is that] when the man is "free of sin," "the woman will bear [the burden of] her sin."
Therefore, if a man's wife is forbidden to him because of a negative commandment, a positive commandment, or even [a Rabbinic prohibition - e.g.,] a sh'niyah, and he warned her and she entered into privacy [with the man in question], she should not drink [the bitter water]. Instead, she should be divorced and should not receive [the money due her by virtue of] her ketubah. She becomes forbidden to him for this reason as well. When a man transgresses and marries a woman who was made pregnant by another man, or who is nursing a child she bore by another man, she may [be compelled to] drink [the bitter water], since there is no transgression involved [in their relationship].
When a man is not married to a woman capable of bearing children, nor has he [fathered] children in [a previous marriage], and he marries a barren woman, a woman past the age of child-bearing or an aylonit, [the marriage is not considered desirable in the eyes of the Sages]. [Therefore,] such a woman may not drink [the bitter water], nor does she receive [the money due her by virtue of] her ketubah [if the husband divorces her for violating his warning]. If, however, [the husband] has [already fathered] children, or he has another wife capable of bearing children, he may compel [his other wife] to drink [the bitter water] even if she is past the age of child-bearing, barren or an aylonit, and thus incapable of giving birth. For the Torah's statement, [Numbers 5:28] "And she will be cleared and she will conceive" applies solely to a woman capable of giving birth, [implying] that if previously she would give birth in pain, she will give birth comfortably; if previously she would give birth to daughters, she will give birth to sons.
If [a husband] had [another] wife [capable of bearing children] or had children, but they died between the time when the warning was issued and the time the woman entered into privacy [with the man in question], the woman was already fit to drink the bitter water, and she should be compelled to drink. If [a husband] did not have children or [another] wife capable of bearing children aside from an aylonit or another woman [incapable of bearing children], and his divorcee bore him a son between the time when the warning was issued and the time the woman entered into privacy [with the man in question], the aylonit was already excluded from drinking [and that ruling remains].
Whenever a warning was administered to a woman and she entered into privacy [with the man in question], but did not drink the bitter water - whether her husband did not desire to compel her to drink, she did not want to drink, a witness testified that she committed adultery, she was one of the women who are unfit to drink [the bitter water], or the warning was administered by the court [and not by her husband] - since she becomes forbidden to her husband, she also becomes forbidden to the man with whom she entered into privacy just as she is forbidden to her husband. If this other man transgresses and marries her, he is compelled to divorce her even if she has borne him many children. Based on the Oral Tradition our Sages taught: Just as she is forbidden to her husband, she is forbidden to the man with whom she engaged in relations.
[Different rules apply when,] however, a woman was not warned and witnesses came and testified that she entered into privacy with a man, and then they discovered unsavory behavior: e.g., they entered [her room] after [the man in question did] and saw her tying her belt, they found wet spittle on the bed's canopy, or the like. If her husband divorces her because of this unsavory behavior, she should not marry the man with whom she is suspected [of having relations]; instead, she should be forbidden to him. If she transgresses and marries [this man] and children are born to them, she need not be divorced. If she has not borne [this man] children, he must divorce her.
When does the above apply? When [the inhabitants of] a city gossiped about the man and woman in question for a day and a half or more, saying: "So and so committed adultery with so and so," and this rumor did not cease. [Moreover, this applies] only when neither [the man nor the woman in question] have enemies who spread this rumor. If, however, the rumor was not widespread throughout the city, or the rumor ceased for reasons other than fear [different rules apply]. If she marries [the man in question], she need not be divorced although she has not borne him any children. Even when one witness comes and testifies that she committed adultery with him, she need not be divorced.
If a woman who was divorced by her [first] husband for unsavory behavior marries another man and is later divorced by him, she is forbidden to marry the man because of whom she was divorced by her first husband. If, however, she marries him, he is not compelled to divorce her even though she has not borne him children.
Whenever two witnesses testify that, while she was married to another man, a woman committed adultery with the man to whom she is presently married, she must be divorced by her present husband even though she has borne him several children. In all the instances where we said that a woman must be divorced, she is not entitled to receive [the money due her by virtue of] her ketubah.
Chapter 3
Chapter 3
What is the process through which a sotah is compelled to drink the bitter water? First the husband comes to the court in his city and tells them: "I warned my wife [not to enter into privacy] with so and so, and she entered into privacy with him. These are the witnesses who will confirm my statements. She claims not to have committed adultery. I desire to have her drink the bitter water to verify this matter." The court then listens to the testimony of the witnesses. [If it is substantial,] they provide [the husband] with two sages to watch over him, lest he engage in relations with her before she drinks the bitter water, for she is prohibited to him until that time, and he is sent to Jerusalem. For a sotah is compelled to drink [the bitter water] only by the Supreme Court of 70 elders, who [hold session] in the Temple.
When they arrive in Jerusalem, the High Court has her sit in its presence while her husband is not present, and they alarm her, frighten her and bring upon her great dread so that she will not [desire to] drink [the bitter water. They tell her: "My daughter, [we know] that wine has a powerful influence, frivolity has a powerful influence, immaturity has a powerful influence, bad neighbors have a powerful influence. Do not cause [G-d's] great name, which is written in holiness, to be blotted out in the water." And they tell her: "There are many who preceded you and were swept away [from the world]. Men of greater and more honorable stature have been overcome by their natural inclination and have faltered." [To emphasize this,] they tell her the story of Judah and Tamar, his daughter-in-law, the simple meaning of the episode concerning Reuben and [Bilhah], his father's concubine, and the story of Amnon and his sister, to make it easier for her to admit [her guilt]. If she says: "I committed adultery," or "I will not drink [the water]," she is to be divorced without receiving [the money due her by virtue of] her ketubah, and the matter is dismissed.
If she persists in he claim of innocence, she is brought to the eastern gate of the Temple Courtyard, which faces the Holy of Holies. She should be taken from place to place [in the Temple Courtyard] and made to walk around it so that she will become tired and her spirits will sap [with the intent that perhaps] she will admit [her guilt].
If she persists in her claim, she is brought outside the eastern gate and made to stand there. If she usually dresses in white, she should dress in black. If black garments make her look attractive, she should dress in clothes that do not make her attractive. All silver and gold jewelry should be removed from her.
Many women are gathered [to see] her, for all the women present [on the Temple Mount] are obligated to observe her, [as implied by Ezekiel 23:48]: "So that all women will be taught not to follow their lewdness." Any man who wants to observe her may do so. She stands among [the women] without a cloak or a veil, wearing only her clothes and a cap, as a woman dresses within her home.
Neither her servants nor her maidservants are allowed to be there, because [when] she recognizes them, her spirits will be fortified.
Afterwards, the priest administers an oath to her in a language that she understands. He tells her in her language that [she is being subjected to this test] because of the warning that her husband gave her, [which she violated by] entering into privacy [with the man in question]. He repeats for her in a language that she understands [the Biblical passage, Numbers 5:19-23]: "If a man has not lain with you, and you have not committed adultery, so as to be defiled to your husband, you shall be unharmed by this curse-bearing bitter water. But if you have committed adultery and you have become defiled, because a man other than your husband has lain with you... G-d will make you into a curse and into an oath among your people, causing your thigh to rupture and your belly to swell. This curse-bearing water will enter your body, causing your belly to swell and your thigh to rupture." [This serves as an oath]. She responds: "Amen, Amen," in a language she understands. He tells her that her belly will be affected first and afterwards, her thigh so as not to tarnish the reputation of the water.
Afterwards, a scroll of parchment from a kosher animal, like the parchment used for a Torah scroll, is brought. On it is written, word for word, letter for letter, the entire passage that [the priest] administered to the woman as an oath. [The passage must be] written in Biblical Hebrew, with ink that does not contain kankantum, for the sake of the woman, as a get must be written with that intent. G-d's name should be written in the proper manner. The words "Amen, Amen" should not be written.
Afterwards, an earthenware vessel that was never used for any task previously and that does not look aged is brought. If one takes an aged vessel and returns it to a kiln so that it looks new, it is acceptable. A half a log of water from the basin [from which the priests wash] is placed in it. There was a measuring vessel of that size in the Temple. Afterwards, the water is taken into the Sanctuary.
[In the Sanctuary,] there was a place, one cubit by one cubit, at the right as one entered, [covered by] a marble tile with a ring affixed to it. [The priest] would lift the tile and take "from the dust... on the earth of the Tabernacle" [Numbers 5:17] and place it in the water, so that it could be seen [floating] on the water. Into this mixture is also placed a bitter substance, wormwood or the like, as implied by [ibid.:18], which refers to "the bitter water." He [then] dissolves [the writing of] the scroll in [the water], doing this for the sake of [the woman being tested]. He must dissolve [the writing] carefully, so that no trace of it remains on the scroll.
Afterwards, one of the priests [serving] in the Temple courtyard would approach her. He would take hold of her clothes from the front and rip them until he revealed her heart. Similarly, he would reveal her hair, undoing the plaits of her hair, to make her look unattractive. He would then bring an Egyptian rope to allude to the conduct of the Egyptians - which she emulated - and tie it above her breasts so that her clothes would not fall, for they were torn, and she be left standing naked. If an Egyptian [rope] is not available, he should bring any rope.
Afterwards, he would bring an isaron of barley meal purchased by the husband and place it in an Egyptian basket. The rope and the basket should be purchased from the funds remaining in the Temple treasury. [The basket with the meal] should be placed in her hand to weary her.
Afterwards, the meal offering is taken from the basket and placed in a sacred vessel. Neither oil nor frankincense should be placed upon it. If [these substances] are placed upon it, [the priest] should be lashed for [placing] both the oil and the frankincense individually, as [implied by Numbers 5:15]: "He shall not pour oil on it, nor place frankincense on it."
Throughout the time the priest uncovers the woman's hair and places the isaron [of meal] on her hand, the priest should hold the vessel containing the water in his hand and show it to the woman, as [implied by Numbers 5:18]: "The bitter, curse-bearing waters shall be in the hand of the priest."
Afterwards, he gives her [the water] to drink. After she drinks, he takes the sacred vessel containing the meal offering and places it on her hand. The priest then places his hand below her [hand] and waves the offering in [the portion of the Temple courtyard to] the east [of the altar], as is done with all other meal offerings. He should bring it to [each of the four compass directions] and up and down. Afterwards, he brings the meal offering to the horn at the southwestern corner of the altar, as is done with other meal offerings brought by private individuals. He should take a fistful of the meal and offer it on the fire. The remainder [of the meal] should be eaten by the priests.
If the woman is guiltless, she may depart; she is permitted to her husband. If she committed adultery, her face will immediately turn pale yellow, her eyes will bulge forth, and her veins will surface. Everyone immediately shouts, "Take her out [of the Women's Courtyard]! Take her out!" so that she does not have a menstrual emission [there], for women who are in a menstrual state make the Women's Courtyard impure. They take her out of the Women's Courtyard, where she was standing. Her belly swells first and then her thigh ruptures and she dies.
When she dies, the adulterer because of whom she was compelled to drink will also die, wherever he is located. The same phenomena, the swelling of the belly and the rupture of the thigh, will also occur to him. All the above applies provided her husband never engaged in forbidden sexual relations in his life. If, however, her husband ever engaged in forbidden relations, the [bitter] waters do not check [the fidelity of] his wife.
If [a husband] transgressed and compelled his wife to drink [the bitter water], although he previously entered into a forbidden relationship, he adds further transgression to his sin. For he causes G-d's name [which is not] pronounced to be blotted out on the waters for no reason and defames the reputation of the waters [used to test] a sotah. For his wife will tell others that she committed adultery and that the [bitter] waters did not harm her, without knowing that it was her husband's deeds that prevented the waters from checking her [fidelity].
Therefore, when the number of people who openly committed adultery increased in the Second Temple era, the Sanhedrin nullified the use of the bitter water, relying on the verse in the [prophetic] tradition, [Hoshea 4:14]: "I will not punish your daughters when they commit harlotry."
When a sotah has merit because of Torah study - although she herself is not obligated to study the Torah - her merit prolongs [her life] and she does not die immediately. Instead, she continues to be weakened, and suffers severe illness until she dies after a year, two years or three years, according to her merit. [When she dies,] she dies with a swollen belly and ruptured limbs.
When a sotah drinks the bitter water and does not die immediately, she is permitted to her husband, even if he is a priest. Even if illness begins to set in and her limbs become afflicted, as long as her belly does not swell or her thigh rupture, she is permitted. When, however, her belly begins to expand and her thigh begins to rupture, she is forbidden.
When a sotah who was innocent drinks [the bitter water], she becomes stronger and her face glows. If she was afflicted by sickness [that prevented her from conceiving], it will disappear; she will conceive and give birth to a male. If she previously had difficulty giving birth, she will give birth speedily. If she would give birth to girls, she will give birth to males.
If witnesses who say that she committed adultery come after she drinks the bitter water, she should be divorced without receiving [the money due her by virtue of] her ketubah, and she is forbidden to her husband. This applies even when none [of the negative consequences] mentioned above occur to her. For the [bitter] waters will check only [the fidelity of a woman] concerning whom there are no witnesses who will testify to her sexual misconduct. Moreover, it is possible that her husband is not guiltless, and it is because of him that the waters did not check his wife. If, however, one witness comes and testifies that a woman committed adultery, she is not forbidden [to] her husband and can remain married to him. For she drank [the bitter water].
When a woman was compelled to engage in adulterous relationships or did so unintentionally, or lay naked in the embrace of the man regarding whom she was warned, but did not engage in vaginal relations, [her fidelity] will not be checked by the [bitter] waters, as [implied by the following verses]. [Numbers 5:13 states:] "And she was not taken against her will," thus excluding a woman who was raped. [Ibid.:27 states:] "And she was unfaithful to her husband," excluding a woman who acted unintentionally." And [ibid.:13 states]: "And a man laid with her, [imparting] his seed," excluding an embrace without intercourse.
Chapter 4
Chapter 4
On the fifteenth of Adar, the court attends to the needs of the community at large. [At that time,] they check which women should be compelled to drink, so that they can compel them to drink, and to which should be given a warning so that they are divorced without receiving [the money due them by virtue of] their ketubah. A sotah can, [however,] be compelled to drink at any time of the year.
A sotah is compelled to drink the bitter water only during the daytime. The entire day is fit for this purpose. Two sotot should not be compelled to drink at the same time, as implied by [the verse]: "And the priest shall have her stand."
When a sotah says, "I will not drink [the bitter water]," because she is overcome by fear, she has the option of retracting and saying that she will drink the waters. If, however, she says that she will not drink when she is healthy and not affected by fear, she may not change her mind and say that she will drink [the bitter water].
If she says, "I will not drink," before the scroll [with G-d's name] written for her is blotted out, the scroll is entombed. It is not fit to be used for another sotah. Her meal offering is scattered on the ash heap. If she says, "I will not drink [the water]," after the scroll has been blotted out, we take hold of her and force her to drink the water.
We intimidate her so that she will drink, and we tell her: "My daughter. If you are certain that you are innocent, stand firm. Drink [the water] without fear. For the water can be compared to the powder of a drug placed on the skin. If there is a wound, it will penetrate and descend. If there is no wound, it will have no effect."
If she says, "I committed adultery," although the scroll has been blotted out, the waters should be poured out, for they are not of a sacred nature, and her meal offering is scattered on the ash heap.
When the scroll for a sotah is written at night, it is unacceptable, as [implied by Numbers 5:22-25], which states: "[The priest] shall write,... he shall give to drink,... and he shall offer," [establishing an equivalence between these different activities]. Just as the sacrifice must be offered during the daytime, so too the writing of the scroll and making the woman drink must be performed during the day. If [the scroll] is written in non-sequential order, it is not acceptable, [as implied by Numbers 5:23, which] states: "[The priest shall write] these [curses]" - i.e., in sequence. If he wrote the scroll before she accepted the oath, it is unacceptable, [as implied by ibid.:21-23, which] state: "And he will administer the oath... and he will write."
If he wrote it as a letter, it is unacceptable, for the verse states "on a scroll." If he writes it on two sheets [of parchment], it is unacceptable, for the verse states "on a scroll" - i.e., one and not two or three. It may not be written on paper or on untreated parchment, but rather on a parchment scroll, [as implied by] the use of the term: "on a scroll." If it is written on paper or on untreated parchment, it is unacceptable.
If the scroll is written by an Israelite, or a priest who is a minor, it is unacceptable, for [Numbers 5:23] states: "And the priest shall write...." He should not write it with kumos, kankantum, or with any other substance that leaves a permanent mark. Instead, he should use ink without kankantum, for the verse states: "And he will write and he will blot out." [Implied is that one must] write [with a substance] that can be blotted out. If one writes with a substance that leaves a permanent impression, it is unacceptable.
If [when the writing of the scroll is being blotted out] any trace of the writing remains, it is unacceptable until it is thoroughly blotted out. If [the priest] writes one letter and then blots it out, and then writes another letter and blots it out, completing [the writing of the entire scroll in this manner], it is unacceptable. It must be written out completely [at one time to be acceptable].
If the scroll was not written for the sake of the woman, or it was not blotted out for the sake of the woman, it is unacceptable. If [a priest] wrote two scrolls, [one for each of] two sotot and blotted them out into the same cup or blotted them out into two cups, but [afterwards] mixed them together in one cup and gave the two women to drink from it, it is unacceptable. Neither of the women drank [only the water in which] her scroll [was blotted out]. If [two scrolls] were blotted out in two different cups, mixed together and then separated again into two different cups, the women should not be given the water to drink. If, however, they were forced to drink [this water], it is acceptable. If [the water prepared for a sotah] is spilled, [the priest] should write another scroll and bring other water. If [the water] spills, but some remains, the woman should not be forced to drink it. If she drinks [the remaining water], it is acceptable.
If the water for a sotah is kept overnight, it becomes unacceptable. If one placed the dust [in the cup] before the water, it is unacceptable. If there is no dust in the Sanctuary, one should bring dust from outside the Sanctuary, leave it in the Sanctuary and then take some of it and place it on the water. He should not use ash; he may, however, use rotten produce, for it is considered to be dust.
[The priest] should not dig with a hatchet [under the floor of] the Sanctuary to remove dust, as [implied by Numbers 5:17]: "the dust that is on the earth of the Sanctuary." If one did dig and remove dust, it is acceptable.
If [the priest] first brought her meal offering and then had her drink the water, it is acceptable. If her meal offering became impure before it was placed in a sacred vessel, it should be redeemed like any other meal offering that became impure before being consecrated in a sacred vessel, and she should bring another meal offering. If the meal offering became impure after being consecrated in a sacred vessel, it should be burned. Similarly, if a woman admitted to committing adultery before the fistful of meal was taken from the meal offering, she refused to drink [the water], her husband was unwilling to have her drink [the water], witnesses came [and testified that she] committed adultery, [her husband] died, or she died, the entire meal offering should be burned. If any of these things happened after the fistful of meal was offered, the remainder of the meal offering should not be eaten.
If [the sotah's] husband was a priest, the remainder of her meal offering should not be eaten, because he has a portion in it. It should not, however, be burned on the altar in its entirety, as are other meal offerings brought by male priests, because the woman also has a portion in it. Therefore, the fistful [of meal] is offered as a distinct entity, and the remainder is scattered on the ash heap. If the witnesses are discovered to have lied, the meal offering is considered to be a non-sacred entity.
If a man warns his wife against [entering into privacy with] several men, and she entered into privacy with each of the men in question, she is required to bring one meal offering that includes them all when her husband requires her to drink [the bitter water]. [This is implied by Numbers 5:15, which uses a plural term when referring to] "the meal offering [brought because of] the warnings" - i.e., one offering can requite several warnings.
[Based on the principle of] gilgul [sh'vuah], the husband may have the woman include in her oath that she did not commit adultery with the man concerning whom she was given a warning or with any other man, that she did not commit adultery during the time between her consecration and the consummation of the marriage, nor after the consummation. He may not, however, have her include that she did not engage in relations [with another man] before she was consecrated or between the time she was divorced [and remarried], if she was in fact divorced and remarried. The rationale is that even if she engaged in relations [with other men at that time], she would not be forbidden [to her husband]. And whenever she is not forbidden to him, he cannot make any stipulations regarding her conduct. For this reason, if a man married his yevamah, he cannot compel her to include in her oath that she did not engage in relations with others while she was waiting for him to perform yibbum. He may, however, compel her to include in her oath that she did not commit adultery when married to his brother. For if she committed adultery when married to his brother, she is forbidden to him. Similarly, if [the husband] divorced his wife and remarried her, he may compel her to include in her oath that she did not commit adultery when married to him originally. Similarly, he may have her include in her oath that she will not commit adultery in the future or that she will not commit adultery if he divorces her and remarries her. [In such an instance,] if she commits adultery in the future, the waters will check her [fidelity], and [if she is guilty,] the physical phenomena [described above] will be visited upon her. All the above is implied by [the woman's response to the oath, Numbers 5:22]: "Amen, Amen." [This can be interpreted as meaning] Amen with regard to this man; Amen with regard to others. Amen with regard to the time when I was married; Amen with regard to the time when I was consecrated. Amen with regard to the past; Amen with regard to the future.
It is a mitzvah for Israelites to issue warnings to their wives, [as implied by Numbers 5:14] "And he shall warn his wife." [Our Sages said that] whoever issues a warning to his wife has become possessed by a spirit of purity. A warning should not be issued in a spirit of levity, nor in the midst of conversation, nor with frivolity, nor in the midst of an argument, nor with the purpose of instilling fear. If, however, a man transgressed and issued a warning to his wife under such circumstances, the warning is binding.
It is not proper for a man to rush and at the outset issue a warning in the presence of witnesses. Instead, he should [first speak to his wife] privately and gently, in a spirit of purity and caution, in order to guide her to the proper path and remove obstacles. Whenever a person is not careful regarding [the conduct of] his wife, his sons and the members of his household, warning them, and scrutinizing their ways at all times so that he knows that they are perfect without sin or transgression, he is himself a sinner, as [implied by Job 5:24]: "And you shall know that your tent is at peace and scrutinize your dwelling, and you shall not sin."
