Babylonian Talmud: Tractate Sotah

Folio 2a

CHAPTER I

MISHNAH. IF ONE WARNS¹  HIS WIFE [NOT TO ASSOCIATE WITH A CERTAIN MAN]. R. ELIEZER SAYS: HE WARNS HER ON THE TESTIMONY OF TWO WITNESSES,²  AND MAKES HER DRINK [THE WATER OF BITTERNESS] ON THE TESTIMONY OF ONE WITNESS³  OR HIS PERSONAL TESTIMONY. R. JOSHUA SAYS: HE WARNS HER ON THE TESTIMONY OF TWO AND MAKES HER DRINK ON THE TESTIMONY OF TWO.

HOW DOES HE WARN HER? IF HE SAYS TO HER IN THE PRESENCE OF TWO, DO NOT CONVERSE WITH THAT MAN, AND SHE CONVERSED WITH HIM, SHE IS STILL PERMITTED TO HER HUSBAND⁴  AND PERMITTED TO PARTAKE OF THE HEAVE-OFFERING.⁵  SHOULD SHE HAVE ENTERED A PRIVATE PLACE WITH HIM AND STAYED WITH HIM A TIME SUFFICIENT FOR MISCONDUCT TO HAVE OCCURRED, SHE IS FORBIDDEN TO HER HUSBAND⁶  AND FORBIDDEN TO PARTAKE OF THE HEAVE-OFFERING. IF [HER HUSBAND] DIED,⁷  SHE PERFORMS THE CEREMONY OF HALIZAH⁸  BUT CANNOT CONTRACT A LEVIRATE MARRIAGE.

GEMARA. Now that the Tanna has finished [Tractate] Nazir, what is his reason for continuing with [Tractate] Sotah?⁹  — It is according to the view of Rabbi; for it has been taught: Rabbi says, Why does the section of the Nazirite adjoin that of the suspected woman?¹⁰  To tell you that whoever witnesses a suspected woman in her disgrace should withhold himself from wine.¹¹  But [the Tanna in the Mishnah] should treat of [Tractate] Sotah first and afterwards that of Nazir!¹²  — Since he treated of [Tractate] Kethuboth [marriage-settlements] and dealt with the theme, 'He who imposes in vow upon his wife',¹³  he next treated of [Tractate] Nedarim [Vows]; and since he treated of [Tractate] Nedarim, he proceeded to treat of [Tractate] Nazir which is analogous to Nedarim,¹⁴  and then continues with Sotah for the reason given by Rabbi.

IF ONE WARNS HIS WIFE. As an accomplished fact¹⁵  it is allowable, but as something still to be done it is not. Consequently our Tanna holds that it is forbidden to give a warning.¹⁶

R. Samuel b. R. Isaac said: When Resh Lakish began to expound [the subject of] Sotah, he spoke thus: They only pair a woman with a man according to his deeds;¹⁷  as it is said: For the sceptre of wickedness shall not rest upon the lot of the righteous.¹⁸  Rabbah b. Bar Hanah said in the name of R. Johanan: It is as difficult to pair them as was the division of the Red Sea; as it is said: God setteth the solitary in families: He bringeth out the prisoners into prosperity!¹⁹  But it is not so; for Rab Judah has said in the name of Rab: Forty days before the creation of a child, a Bath Kol²⁰  issues forth and proclaims, The daughter of A is for B;²¹  the house of C is for D; the field of E is for F! — There is no contradiction, the latter dictum referring to a first marriage and the former to a second marriage.

R. ELIEZER SAYS, HE WARNS HER ON THE TESTIMONY OF TWO WITNESSES etc. So far only do [R. Eliezer and R. Joshua] differ, viz. in the matter of warning and seclusion, but in the matter of misconduct [they agree] that one witness is believed.²²  We similarly learn in the Mishnah: If one witness says: I saw that she committed misconduct, she does not drink the water.²³  Whence is it derived according to Torah-law that one witness is believed? As our Rabbis taught: And there be no witness against her²⁴  — the text refers to two witnesses.²⁵  But perhaps it is not so and even one [suffices]! There is a teaching to declare, One witness shall not rise up against a man.²⁶

1. Lit., 'is jealous of, i.e., he gives her a warning because he feels jealous.
2. There must be two witnesses that he had warned her in their presence; otherwise he cannot require her to drink the water of bitterness.
3. That she had secluded herself with the man, after due warning had been given.
4. Lit., 'to her house'. Marital relations may continue.
5. If her husband is a priest. The heave-offering could be eaten by any member of the priest's household who was ritually clean; Num. XVIII, 8ff.
6. Forthwith, before the water is drunk.
7. Before she had undergone the ordeal.
8. V. Glos.
9. What is the association of ideas between the subject of the Nazirite and the woman suspected of infidelity?
10. In Num. V and VI.
11. Immoderate use of wine is a source of immorality. v. Ber. 63a.
12. That being the order in which they are dealt with in Scripture.
13. The opening words of Keth. VII.
14. A man becomes a nazirite by imposing a vow upon himself.
15. This is derived from the addition of the definite article, the literal sense being: he who warns, i.e., he who has given a warning.
16. Different views are taken on this question; v. p. 8.
17. Only if his actions are righteous does he have a faithful wife.
18. Ps. CXXV, 3.
19. Ibid. LXVIII, 7. The first clause refers to marriage-making, the second to the release of prisoners. Therefore the two are declared identical as regards difficulty.
20. V. Glos.
21. Since the marriage is ordained even before birth, it cannot be dependent upon a man's conduct.
22. [After due warning had been given and seclusion taken place]. And without drinking the water she leaves her husband's house and does not receive what would normally have been due to her under the marriage-contract.
23. Infra 31a.
24. Num. V, 13.
25. I.e., wherever Scripture uses the word witness, even in the singular, it denotes two.
26. Deut. XIX, 15.

R. JOSHUA SAYS: HE WARNS HER ON THE TESTIMONY OF TWO etc. What is R. Joshua's reason? Scripture states 'against her' — I.e., 'against her' [in the matter of misconduct]¹¹  but not in the matter of warning, 'against her' [in the matter of misconduct] but not in the matter of seclusion. R. Eliezer, [on the other hand] says: 'Against her' [in the matter of misconduct] but not in the matter of warning only. Perhaps, however, 'against her' does mean, and not in the matter of seclusion! — Seclusion is compared to 'defilement' [misconduct], for it is written, and he kept close and she be defiled.¹²  But warning also is compared to 'defilement', for it is written, and he be jealous of his wife and she be defiled!¹³  — The All-Merciful excluded this by the phrase 'against her'.¹⁴  But what leads you to this conclusion?¹⁵  — It is obvious that seclusion is more serious [than warning] because she is forthwith prohibited to her husband as with 'defilement'. On the contrary, warning is more serious since it is the root cause [of her seclusion rendering her forbidden to her husband]!¹⁶  — If there was no seclusion, would there have been any warning?¹⁷  But if there was no warning, what effect would seclusion have? — Nevertheless seclusion is the more serious since it is the beginning of 'defilement'.

Our Mishnah does not agree with the following Tanna. For it has been taught: R. Jose son of R. Judah says in the name of R. Eliezer: He who warns his wife does so on the testimony of one witness or his personal testimony, and makes her drink [the water of bitterness] on the testimony of two witnesses. The Sages replied: According to the view of R. Jose son of R. Judah, there is no purpose in the matter.¹⁸  What is the reason of R. Jose son of R. Judah? — Scripture states 'against her', i.e., 'against her' [in the matter of misconduct] but not in the matter of seclusion. Perhaps, however, 'against her' means: and not in the matter of warning? — Warning is compared to 'defilement', for it is written, and he be jealous of his wife and she be defiled. But seclusion is also compared to 'defilement', for it is written, and he kept close and she be defiled? — That refers to a length of time sufficient for 'defilement' to have occurred.¹⁹

[It was stated above:] 'The Sages replied: According to the view of R. Jose son of R. Judah, there is no purpose in the matter'. What does this mean? — There may be times when he did not warn her and he claims that he did warn her.²⁰  Is there, then, according to our Mishnah any purpose in the matter, since there may be times when she had not been secluded with the man and the husband claims that she had been secluded?²¹  — R. Isaac b. Joseph said in the name of R. Johanan, [Read] also according to the view of R. Jose son of R. Judah, there is no purpose in the matter. 'Also according to the view of R. Jose son of R. Judah' [you say]; is there, then, no question with respect to our Mishnah? On the contrary, according to our Mishnah there is foundation [for the charge], but in the other case [the view of R. Jose son of R. Judah] there may be no foundation!²²  — But if the teaching is reported, it must be in this form: R. Isaac b. Joseph said in the name of R. Johanan: 'According to the view of R. Jose son of R. Judah, and also according to our Mishnah, there is no purpose in the matter.'

R. Hanina of Sura said: Nowadays a man should not say to his wife, 'Do not be secluded with So-and-so', lest we decide according to R. Jose son of R. Judah who said: A warning [is effective] if given on [the husband's] personal testimony. If she then secluded herself with the man, since we have not now the water for a suspected woman to test her, the husband forbids her to himself for all time.

Resh Lakish said: What is the meaning of the term kinnui?²³  A matter which causes hatred [Kin'ah] between her and others. Consequently he holds that the warning can be on [the husband's] personal testimony; and since not everybody knows that he gave her a warning and they say: 'What has happened that she holds herself aloof?' they will proceed to cause hatred against her. R. Jemar b. Shelemia said in the name of Abaye: [Kinnui means] a matter which causes hatred between husband and wife. Consequently he holds that the warning must be on the testimony of two witnesses and everybody is aware that he gave her a warning,²⁴  and it is he who proceeds to cause hatred against her.

1. And not witnesses.
2. The word one is superfluous if a single witness is intended, since it would have been sufficient to state a witness.
3. But consented to the act. Num. V, 13. The English Version translates the verb she be not taken in the act; but the Rabbis understood it in the sense that she was not forced to misconduct and was a consenting party. Cf. the use of the same verb in Deut. XXII, 28. If she had been violated, she was exempt from the ordeal.
4. Infra 31b. [This proves that in the matter of misconduct one witness is believed, as otherwise whence is it known that she was not violated?]
5. For maintaining that the term witness' in the case of the Sotah denotes two.
6. 'And there be no witness against her' means not even one.
7. What is the purpose of the words if the meaning of there be no witness indicates only one and that his evidence is not accepted?
8. In connection with infidelity the text has he hath found some unseemly matter (dabar) in her (Deut. XXIV, 1), and in connection with civil actions At the mouth of two witnesses, or at the mouth of three witnesses, shall a matter (dabar) be established (ibid. XIX, 15). By the rule of Gezerah Shawah, analogy of expression, the principle of the latter with regard to the number of witnesses required is also applied to the former.
9. Therefore it is maintained that misconduct has occurred with her consent.
10. In a charge of misconduct.
11. One witness is sufficient; but for warning and seclusion two are necessary.
12. Num. V, 13.
13. Ibid. 14.
14. The phrase 'against her' was explained above as relating only to misconduct.
15. That 'against her' excludes the idea that warning is to be compared to misconduct, and that only seclusion is to be likened to it.
16. Without previous warning she would not be prohibited to her husband because of seclusion.
17. There must have been seclusion to cause jealousy and consequently a warning.
18. In requiring the husband's personal testimony, since, as the Gemara will explain, it may be false.
19. So that if the time of seclusion was insufficient, she is not required to drink the water.
20. So what purpose is there in requiring the husband's unsupported evidence?
21. The Mishnah compels the woman to drink the water on the unsupported evidence of the husband.
22. According to the Mishnah there must have been warning on the testimony of two witnesses, so there is some foundation for the charge; but according to R. Jose the husband can give her warning on his uncorroborated testimony which might be groundless.
23. That is the term used in Num. V, 14, 'he be jealous'.
24. Since the witnesses are likely to talk of it to others.