Babylonian Talmud: Tractate Sotah

Folio 23a

WHAT [DIFFERENCES ARE THERE IN LAW] BETWEEN A MAN AND A WOMAN? A MAN RENDS HIS CLOTHES AND LOOSENS HIS HAIR,⁸  BUT A WOMAN DOES NOT REND HER CLOTHES AND LOOSEN HER HAIR. A MAN MAY VOW THAT HIS SON WILL BECOME A NAZIRITE, BUT A WOMAN MAY NOT VOW THAT HER SON WILL BECOME A NAZIRITE.⁹  A MAN MAY BE SHAVED ON ACCOUNT OF THE NAZIRITESHIP OF HIS FATHER,¹⁰  BUT A WOMAN CANNOT BE SHAVED ON ACCOUNT OF THE NAZIRITESHIP OF HER FATHER. A MAN MAY SELL HIS DAUGHTER,¹¹  BUT A WOMAN MAY NOT SELL HER DAUGHTER. A MAN MAY GIVE HIS DAUGHTER IN BETROTHAL,¹²  BUT A WOMAN MAY NOT GIVE HER DAUGHTER IN BETROTHAL. A MAN IS STONED NAKED, BUT A WOMAN IS NOT STONED NAKED.¹³  A MAN IS HANGED,¹⁴  BUT A WOMAN IS NOT HANGED. A MAN IS SOLD FOR HIS THEFT,¹⁵  BUT A WOMAN IS NOT SOLD FOR HER THEFT.

GEMARA. Our Rabbis taught: The meal-offerings of all women who had married into the priesthood are to be destroyed.¹⁶  How is this? In the case of the daughter of a priest, Levite or Israelite who had married a priest, her meal-offering is not eaten because he has a share in it,¹⁷  nor is it treated as a holocaust¹⁸  because she¹⁹  has a share in it; but the handful is offered separately and the remainder separately. But there is to be applied here the rule that whatever sacrifice has a portion thereof treated as 'offerings made by fire' comes under the law of ye shall not burn!²⁰  — R. Judah, son of R. Simeon b. Pazi said: They are burnt as fuel,²¹  in accordance with the statement of R. Eliezer; for it has been taught: R. Eliezer says: For a sweet savour²²  thou mayest not bring it [upon the altar] but thou mayest bring it as fuel. This is right for R. Eliezer who holds this opinion; but what is there to say as regards the Rabbis who do not hold this opinion? — [They declare that] it is to be treated according to the view of R. Eleazar b. Simeon; for it has been taught: R. Eleazar b. Simeon says: The handful²³  is offered separately and the remainder is scattered upon the place of the ashes.

1. To her husband through infidelity.
2. Although not defiled. The law of Lev. II, 3 does not apply, v. Gemara.
3. A non-priest.
4. V. Lev. VI, 16.
5. By contracting an illegal marriage. Even after divorce or in widowhood she loses her privileges.
6. Permanently by contracting an illegal marriage. After divorce or his wife's death he regains his privileges.
7. A sin-offering or guilt-offering.
8. When declared a leper (Lev. XIII, 45).
9. V. Nazir 28b.
10. I.e., in the event of his father's death, he can go through the ceremony described in Num. VI, 18, v. Nazir 30a.
11. As a bondwoman (Ex. XXI, 7).
12. Without her consent when she is a minor.
13. V. Sanh. 44b.
14. After capital punishment (Deut. XXI, 22).
15. Ex. XXII, 2.
16. And not eaten by the priests.
17. The flour belongs to him, and so the offering in fact comes under the law of Lev. VI, 16.
18. Which is the way the meal-offering of a priest is treated
19. Who is a non-priest.
20. Lev. II, 11. In this verse the word mimmennu 'of it' appears to be superfluous, and the deduction is drawn that the parts of a sacrifice which are designated as not to be burnt upon the altar must not be burnt upon it. How, then, can it be stated that 'the remainder' is to be burnt separately?
21. Upon the altar but not as part of the sacrifice.
22. Ibid. 12.
23. Of a meal-offering for a sin brought by a priest. Lev. VI, 16 speaks of a freewill-offering.

[THE MEAL-OFFERING] OF THE DAUGHTER OF AN ISRAELITE WHO IS MARRIED etc. What is the reason? — Because Scripture declared: And every meal-offering of the priest shall be wholly burnt; it shall not be eaten⁴  — 'of the priest' but not of a priest's daughter.⁵

A PRIEST'S DAUGHTER MAY BECOME DECLASSED, BUT A PRIEST DOES NOT BECOME DECLASSED. Whence have we this? — Because Scripture declared: He shall not profane his seed among his people⁶  — his seed may become profaned,⁷  but he himself cannot become profaned.

A PRIEST'S DAUGHTER MAY RENDER HERSELF UNCLEAN etc. What is the reason? — Scripture declared: Speak unto the priests the sons of Aaron⁸  — 'the sons of Aaron' but not the daughters of Aaron.

A PRIEST EATS OF THE MOST HOLY — for it is written: Every male among the children of Aaron shall eat of it.⁹

WHAT [DIFFERENCES ARE THERE IN LAW] BETWEEN A MAN etc. Our Rabbis taught: [He is a leprous] man.¹⁰  I have here only mention of a man; whence is it [that the law applies to] a woman? When it states: And the leper in whom [the plague is],¹¹  behold here are two.¹²  If so, what does the word 'man' indicate? [It is to be applied] to the subject-matter of what follows, viz., it is a man who rends his clothes etc, [but not a woman].

A MAN MAY VOW THAT HIS SON WILL BECOME A NAZIRITE, BUT A WOMAN CANNOT VOW THAT HER SON WILL BECOME A NAZIRITE. R. Johanan said: This is a legal decision [traditionally handed down] in connection with a Nazirite.¹³

A MAN MAY BE SHAVED ON ACCOUNT OF THE NAZIRITESHIP OF HIS FATHER, BUT A WOMAN CANNOT BE SHAVED ON ACCOUNT OF THE NAZIRITESHIP OF HER FATHER. R. Johanan said: This is a legal decision [traditionally handed down] in connection with a Nazirite.¹⁴

A MAN MAY GIVE HIS DAUGHTER IN BETROTHAL, BUT A WOMAN CANNOT GIVE HER DAUGHTER IN BETROTHAL. Because it is written: I gave my daughter unto this man.¹⁵

A MAN MAY SELL HIS DAUGHTER, BUT A WOMAN MAY NOT SELL HER DAUGHTER. Because it is written: And if a man sell his daughter.¹⁶

A MAN IS STONED NAKED etc. What is the reason? — And stone him¹⁷  — what means 'him'? If I say that it means him and not her, behold it is written: Then shalt thou bring forth that man or that woman!¹⁸  But [the meaning is] 'him' without his clothing but not her without her clothing.

A MAN IS HANGED etc. What is the reason? — Scripture declared: And thou hang him on a tree¹⁹  — 'him' but not her.

A MAN IS SOLD FOR HIS THEFT, BUT A WOMAN IS NOT SOLD FOR HER THEFT. What is the reason? — Scripture declared: Then he shall be sold for his theft²⁰  — 'for his theft' but not for her theft.

CHAPTER IV

MISHNAH. A BETROTHED MAIDEN AND A CHILDLESS WIDOW WAITING FOR HER BROTHER-IN-LAW [TO DECIDE WHETHER HE WILL MARRY HER] DO NOT DRINK [THE WATER OF BITTERNESS]²¹  AND DO NOT RECEIVE WHAT IS DUE UNDER THE MARRIAGE-SETTLEMENT; AS IT IS SAID, WHEN A WIFE, BEING UNDER HER HUSBAND, GOETH ASIDE,²²  THUS EXCLUDING A BETROTHED MAIDEN AND A CHILDLESS WIDOW WAITING FOR HER BROTHER-IN-LAW. A WIDOW WHO HAD MARRIED A HIGH PRIEST,²³  A DIVORCED WOMAN OR A HALUZAH²⁴  WHO HAD MARRIED AN ORDINARY PRIEST, AN ILLEGITIMATE

1. According to the Rabbis, this sin-offering is to be dealt with in the same manner as the ordinary meal-offering of the priest and burnt in its entirety without the handful being first removed and offered.
2. With the meal-offering of a priest's wife which is not something to be wholly offered, since this is treated like a non-priest.
3. That the remainder is not to be offered, but should be scattered.
4. Lev. VI, 16.
5. Consequently if the woman is a priest's wife but not a priest's daughter her offering is destroyed.
6. Lev. XXI, 15.
7. As the result of an illegal marriage.
8. Ibid. 1.
9. Ibid. VI, 11.
10. Ibid. XIII, 44.
11. Ibid. 45.
12. Since these words are otherwise redundant after the preceding verse.
13. V. Nazir 28b.
14. V. Nazir 30a.
15. Deut. XXII, 16. The subject is 'the damsel's father'.
16. Ex. XXI, 7.
17. Lev. XXIV, 14.
18. Deut. XVII, 5.
19. Ibid. XXI, 22.
20. Ex. XXII, 2. E.V. 3.
21. In the event of seclusion with another man after receiving due warning.
22. Num. V. 29.
23. All the marriages enumerated here are illegal.
24. V. Glos.