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Week 79 - Tuesday - 29 May 2001

SOTAH: CHAPTER 2: MISHNAH 5

To what does she respond amen amen? Amen to the curse, amen to the oath, amen concerning this man, amen concerning another man, amen that I have not committed adultery while betrothed, while married, while due for levirate marriage or after its consummation, amen that I have not become defiled; and if I have been defiled let these come upon me. R. Meir says, Amen that I have not been defiled, amen that I shall not be defiled.

Kehati

The previous two mishnayot dealt with the writing of the sotah scroll. However, according to the sequence stated in the Torah the priest would adjure the woman before he wrote the scroll (see commentary to mishnah three) - and this mishnah deals with the endorsement of the oath by the sotah as it says "and the woman shall answer amen amen" (Num. 5:23). Hence Shmuel derived that whosoever responds amen to an oath is considered to have uttered the oath himself (Shev. 29b).

Similarly R. Yose b. R. Hanina said: Amen implies oath, acceptance of words and confirmation of words (Shev. 36a). This mishnah teaches that by saying "amen amen" the sotah accepts the oath not only in respect of the person against whom her husband had warned her and with whom she had secluded herself, but by gilgul shevuah, the rule of attaching a related oath, she includes thereby also any other man that she might have committed adultery with while married to her husband and have become prohibited to him. This is the scriptural basis for gilgul shevuah, whereby the Court may insert in an oath an affirmation to which the person concerned cannot be subjected directly.

To what does she respond amen amen - regarding what does the sotah take an oath, and what does she affirm when she says amen amen? Amen to the curse - conveyed to her by the priest: "May the Lord make you for a curse and an oath among your people when the Lord makes your thigh fall away" etc. (vv. 21-22) - amen to the oath - the priest had administered: "If no man has lain with you and you have not strayed to defilement while under your husband, be exonerated from these bitter curse-causing waters" etc. (v.19) - amen concerning this man - if defiled by the man against whom her husband and warned her - amen concerning another man - if defiled by someone else, to whom the oath is extended by the principle of gilgul shevuah, which likewise elicits her oath - amen that I have not committed adultery while betrothed - to her husband prior to marriage (nisuin), -

while married - I did not stray after nisuin, - while due for levirate marriage or after its consummation - yibum, i.e., if after performing yibum he warned her and she secluded herself, she utters: Amen that I did not stray while due for Levirate marriage, i.e., prior to its consummation, amen that I did not stray after its consummation. Our mishnah follows R. Akiva who holds that a widow who committed adultery while awaiting yibum is prohibited to the yavam, who must perform halitzah and not yibum. But the halakhah is not so, and he cannot attach an oath that she did not commit adultery while awaiting yibum, since even if she did stray, she is permitted to him (Rambam Hil. Sotah 4:17).

Amen that I have not become defiled; and if I have been defiled let these - curses - come upon me - some commentators associate this phrase with the above clause "amen to the curse, amen to the oath" i.e., "amen that I have not become defiled" affirms the oath and "if I became defiled they should come upon me" affirms the curses (Rashi, Bartenura). Others explain that after the priest's series of adjurations she would answer amen to all of it and conclude that if she had strayed this water should test her in accordance with the priest's adjuration (Hameiri). R. Meir says, Amen that I have not been defiled, amen that I shall not be defiled - R. Meir extends the principle of gilgul shevuah to the future as well, i.e., if she is found innocent now and returns to her husband she swears never to commit adultery and if she does, this water should examine her (see Sotah 18b; Rambam Hil. Sotah 4:17.)

SOTAH: CHAPTER 2: MISHNAH 6

All agree that he does not stipulate with her concerning her actions before she was betrothed or after she is divorced. If she secluded herself with someone else and became defiled and he then remarried her he does not stipulate with her. This is the general rule: wherever, if she cohabited, she would not become prohibited to him, he may not stipulate with her.

Kehati

The previous mishnah taught that an additional oath is attached to the sotah that she had not been defiled before marriage when she was betrothed and not after the marriage. This mishnah teaches that an additional oath regarding cohabitation that does not prohibit her to her husband may not be attached.

All agree - the Sages and R. Meir - that he does not stipulate with her - he cannot extend the oath by the principle of gilgul shevuah concerning her actions before she was betrothed - that she did not cohabit before she was betrothed to him - or after she is divorced - i.e., she is no longer his wife. Our mishnah explains that - If she secluded herself with someone else and became defiled - i.e., after divorce she secluded herself and became defiled - and he - her husband - then remarried her - and warned her and she secluded herself and they administer the sotah oath - he does not stipulate with her - he cannot by gilgul shevuah impose an additional oath that she did not cohabit while divorced from him before he remarried her because such cohabitation would not prohibit her to him.

The injunction "when she leaves her husband and marries another etc., her first husband who divorced her cannot remarry her" (Deut. 24:24) refers to a divorced woman who was betrothed to another man, and who cannot return to her first husband; however, if she was not betrothed but cohabited with someone, she may remarry her first husband.

This is the general rule: wherever, if she cohabited, she would not become prohibited to him - i.e., even if she strayed, she is not prohibited to her husband, e.g., before betrothal or after divorce as specified above - he may not stipulate with her - he cannot attach an additional oath regarding such cohabitation.

The Gemara infers from this that "if, however, such cohabitation would prohibit her to her husband he may attach an additional oath." Hence, if a widow taken in Levirate marriage became a sotah he can attach an oath that she did not commit adultery while married to his brother (her deceased husband) since this would prohibit her to him as indicated (above 1:2): "And if he (the husband of the sotah) died (childless before she drank), she performs halitzah and not Levirate marriage." Similarly, one who remarries his divorcee and she became a sotah he may attach an oath that she did not commit adultery during their first marriage in which case she became prohibited to her husband permanently.

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