Babylonian Talmud: Tractate Sotah

Folio 7a

MISHNAH. HOW DOES [THE HUSBAND] DEAL WITH HER? HE BRINGS HER TO THE COURT OF JUSTICE IN THE PLACE WHERE HE RESIDES, AND THEY ASSIGN TO HIM TWO DISCIPLES OF THE SAGES³  LEST HE COHABIT WITH HER ON THE JOURNEY.⁴  R. JUDAH SAYS, HER HUSBAND IS TRUSTED WITH HER.⁵

GEMARA. Two [disciples of the Sages] and he make three. Is this to say that it supports the teaching of Rab? For Rab Judah said in the name of Rab: [The Rabbis] did not teach [that a woman may be in the company of two men] except in a city; but on a journey there must be three, in case one of them should have need to relieve himself and consequently one of them will be left alone with [the possibility of] immorality!⁶  — No; here the reason is that they should be witnesses against him.⁷  [But the fact that] disciples of the Sages are necessary and not ordinary men, does this not support another teaching of Rab? For Rab Judah said in the name of Rab: [The Rabbis] did not teach [that a woman may be in the company of two men] except in the case of pure men; but in the case of dissolute men not even with ten. It once happened that ten men carried a [live] woman [out of the city] in a coffin [to violate her]! — No; here the reason is that they will know to warn him.⁸

R. JUDAH SAYS, HER HUSBAND etc. It has been taught: R. Judah says: By a fortiori reasoning [it is deduced] that a husband is trusted.⁹  If a husband is trusted in the matter of his wife during menstruation where the penalty is excision,¹⁰  how much more so in the matter of his wife under suspicion in connection with which there is a mere prohibition.¹¹  And [how do] the Rabbis [meet this argument]? — The same reasoning establishes [their view]: in the case of a wife during menstruation where the penalty is excision, since it is so stringent, the husband is trusted; but in the case of a wife under suspicion where [cohabitation] is a mere prohibition, since there is no stringent [penalty] for him, he is not trusted. But does R. Judah derive his view from a fortiori reasoning? He surely derives it from a Scriptural text; for it has been taught: Then shall the man bring his wife unto the priest¹²  — according to the Torah it is the husband who has to bring his wife; but said the Sages, They assign to him two disciples of the Sages lest he cohabit with her on the journey. R. Jose says: By a fortiori reasoning [it is deduced] that a husband is trusted with her. If a husband is trusted in the matter of his wife during menstruation where the penalty is excision, how much more so in the matter of his wife while under suspicion in connection with which there is a mere prohibition. [The Sages] replied to him, No; if you argue [that he may be trusted] in the case of his wife during menstruation to whom he will have a right [on her recovery], will you argue so in the case of his wife under suspicion when he may never have a right to her!¹³  It further states: Stolen waters are sweet, etc.!¹⁴  R. Judah says: According to the Torah it is the husband who has to bring his wife; as it is said: Then shall the man bring his wife!¹⁵  — At first he argued his view to [the Sages] by a fortiori reasoning; but when they refuted it, he then quoted the text to them. But R. Judah's opinion is the same as that of the first Tanna!¹⁶  — There is a point of difference between them, viz., [the continuation], 'But, said the Rabbis' etc.¹⁷

MISHNAH. THEY BRING HER UP TO THE GREAT COURT OF JUSTICE WHICH IS IN JERUSALEM, AND [THE JUDGES] SOLEMNLY CHARGE HER IN THE SAME WAY THAT THEY CHARGE WITNESSES IN CAPITAL CASES¹⁸  AND SAY TO HER,' MY DAUGHTER, WINE DOES MUCH, FRIVOLITY DOES MUCH, YOUTH DOES MUCH, BAD NEIGHBOURS DO MUCH.¹⁹  DO IT²⁰  FOR THE SAKE OF HIS GREAT NAME WHICH IS WRITTEN IN HOLINESS SO THAT IT MAY NOT BE OBLITERATED BY THE WATER.'²¹  AND THEY RELATE TO HER MATTERS WHICH NEITHER SHE NOR ALL THE FAMILY OF HER FATHER'S HOUSE IS WORTHY TO HEAR.²²  — IF SHE SAID, 'I HAVE MISCONDUCTED MYSELF', SHE GIVES A QUITTANCE FOR HER MARRIAGE-SETTLEMENT²³  AND DEPARTS;²⁴  BUT IF SHE SAYS, 'I AM PURE', THEY BRING HER UP TO THE EAST GATE WHICH IS BY THE ENTRANCE OF NICANOR'S GATE²⁵  WHERE THEY GIVE SUSPECTED WOMEN THE WATER TO DRINK, PURIFY WOMEN AFTER CHILDBIRTH AND PURIFY LEPERS.²⁶  A PRIEST SEIZES HER GARMENTS²⁷  — IF THEY ARE RENT THEY ARE RENT, AND IF THEY BECOME UNSTITCHED THEY ARE UNSTITCHED UNTIL HE UNCOVERS HER BOSOM,²⁸  AND HE UNDOES HER HAIR. R. JUDAH SAYS: IF HER BOSOM WAS BEAUTIFUL HE DOES NOT UNCOVER IT, AND IF HER HAIR WAS BEAUTIFUL HE DOES NOT UNDO IT. — IF SHE WAS CLOTHED IN WHITE, HE CLOTHES HER IN BLACK. IF SHE WORE GOLDEN ORNAMENTS

1. Which is deduced from Scripture as suspending the effect of the water; consequently there is still the objection that it causes pure women to be suspected.
2. It is so rare for witnesses to be far away that no suspicion would be created on that ground.
3. To accompany him and his wife on the journey.
4. To Jerusalem where the ordeal takes place.
5. That he will not cohabit; if he does, the ordeal is not held.
6. V. Kid. 81a.
7. In the event of the husband cohabiting with her.
8. Should he wish to cohabit, so that the ordeal be not held.
9. In this matter of cohabitation and witnesses are unnecessary.
10. Kareth v. Glos. Lev. XX, 18. A husband may occupy the same room as his wife while she is in that condition and he is trusted not to cohabit.
11. Without any penalty attached thereto, v. Yeb. 11b.
12. Num. V, 15.
13. If she is proved guilty, he must divorce her. Consequently the temptation is greater in the latter case.
14. Prov. IX, 17.
15. [R. Judah thus derives his ruling from a Scriptural text and not from a fortiori reasoning?]
16. Quoted at the end of the last paragraph who cites Num. V, 15.
17. With which R. Judah disagrees.
18. V. Sanh. 37a.
19. I.e., there may be some excuse for your behaviour.
20. Confess if you are guilty, and so make the ordeal unnecessary which includes the use of the Divine Name.
21. V. Num. V, 23.
22. Instances of persons in Israel's history who confessed their guilt.
23. I.e., she admits misconduct in writing and the forfeiture of the sum due to her under the marriage-settlement,
24. After being formally divorced.
25. Two gates of Corinthian bronze presented to the Temple by an Alexandrian named Nicanor. They were located between the Court of Israelites and the Court of women. V. Nazir (Sonc. ed.) p. 165, n. 11.
26. I.e., the place where such persons, who are not allowed through uncleanness to enter the Temple-precincts, bring their purificatory offerings.
27. At the neck.
28. Lit., 'heart'.

GEMARA. Whence is this?⁵  — R. Hiyya b. Gamda said in the name of R. Jose b. Hanina: From the analogous use of the word 'law'. It is written here, And the priest shall execute upon her all this law;⁶  and elsewhere it is written: According to the tenor of the law which they shall teach thee.⁷  As in this latter case it is [the Court of] seventy-one,⁸  so also in the former it is [the Court of] seventy-one.

AND [THE JUDGES] SOLEMNLY CHARGE HER etc. I quote in contradiction: Just as they solemnly charge her not to drink,⁹  so they solemnly charge her to drink, saying to her, 'My daughter, if the matter is clear to thee that thou art pure, rely upon thy purity and drink; because the water of bitterness is only like dry powder which is placed upon living flesh. If there is a wound, it penetrates and goes through [the skin]; and if there is no wound, it has no effect.¹⁰  — There is no contradiction; here [they charge her not to drink] before [the writing on] the scroll is blotted out,¹¹  and there [they charge her to drink] after it has been blotted out.¹²

AND SAY TO HER etc. Our Rabbis have taught: He tells her narratives and incidents which occurred in the early writings;¹³  for instance, Which wise men have told and have not hid it [from their fathers],¹⁴  namely Judah confessed and was not ashamed; what was his end? He inherited the life of the world to come. Reuben confessed and was not ashamed; what was his end? He inherited the world to come. And what was their reward? What was their reward [you ask]! It was as we have just mentioned. But [the meaning is], What was their reward in this world? Unto them alone the land was given, and no stranger passed among them.¹⁵  It is quite right with Judah; we find that he confessed, for it is written: And Judah acknowledged them, and said: She is more righteous than I.¹⁶  Whence, however, is it that Reuben confessed? — As R. Samuel b. Nahmani said in the name of R. Johanan: What means that which is written: Let Reuben live and not die; and this for Judah?¹⁷  All the years that the Israelites were in the wilderness, Judah's bones¹⁸  kept turning in his coffin until Moses arose and begged mercy for him. He said before Him, Lord of the Universe, who caused Reuben to confess? It was Judah,¹⁹  [as it is stated], 'And this for Judah'; immediately [after Moses prayed], 'Hear, Lord, the voice of Judah', each limb entered its socket.²⁰  But [the angels] would not permit him to enter the heavenly Academy;²¹  [so Moses prayed], 'And bring him in unto his people'. He was unable to discuss the theme which the Rabbis were then debating; [so Moses prayed], 'With his hands let him contend for himself.²²  He was still not able to secure a decision in accordance with the traditional practice; [so Moses prayed], 'Be an help against his adversaries'.²³  It is quite right that Judah confessed so that Tamar should not be burnt; but why did Reuben confess? Surely R. Shesheth has declared: Consider him shameless who [publicly] specifies his sins! — [Reuben confessed] so that his brothers should not be suspected [of his offence].

IF SHE SAID, 'I HAVE MISCONDUCTED MYSELF' etc. Is it to be concluded from this that a quittance is written out?²⁴  — Abaye said: Read [in our Mishnah]: [The document of the marriage-settlement] is torn. Raba replied to him, But the Mishnah mentions A QUITTANCE! But, said Raba, we deal here with places where they do not write a document for a marriage-settlement.²⁵

BUT IF SHE SAYS, 'I AM PURE', THEY BRING HER UP TO THE EAST GATE. 'THEY BRING HER UP'?

1. The Palestinian Gemara explains it as 'an Egyptian cord' which is used because she followed the immoral practices of Egypt. More probably it means a cord made of twisted strips of the bark of the palm-tree. It was the commonest form of rope and used here as a mark of contempt.
2. To prevent her clothing from falling down.
3. Interpreted in the Gemara to mean that they should as a duty look.
4. Ezek. XXIII, 48.
5. That the water must be administered by the great Court in Jerusalem.
6. Num. V, 30.
7. Deut. XVII, 11. The reference is here to the Supreme Court.
8. V. Sanh. 14b and 86a.
9. If guilty, but make confession.
10. Quoted from Tosefta Sotah I, 6.
11. Num. V, 23, so that the Divine Name may not be obliterated in vain.
12. To encourage her to go through the ordeal if she is convinced of her innocence.
13. The Pentateuch.
14. I.e., they confessed, Job XV, 18. (E.V. 'Which wise men have told from their fathers and have not hid it').
15. Ibid. 19.
16. Gen. XXXVIII, 26.
17. Deut. XXXIII, 6f.
18. According to tradition, the bones of all Jacob's sons were carried out of Egypt.
19. When he confessed, Reuben followed his example.
20. Of the skeleton and ceased rolling about.
21. Where the Torah is studied.
22. May he be able to prevail in the debate.
23. V. B.M. 86a.
24. The question whether a quittance is given or the document of the marriage-settlement torn is discussed in B.B. 170b.
25. This was sometimes not done because there was an established rule about the amount due to a wife from her husband, v. B.M. (Sonc. ed.) p. 107, n. 4.