Torah Community Connections

Week 80 - Monday - 4 June 2001

SOTAH: CHAPTER 4: MISHNAH 3

A woman pregnant by someone else or a woman nursing (a child) of another neither drinks nor collects her ketubah. So R. Meir. But the Sages say, He may separate from her and take her back after the time. A barren woman, an old woman and one who is not fit to bear children neither drink nor collect their ketubah. R. Eliezer says, He can marry another woman, and be fruitful and multiply by her. And all other women either drink or do not collect their ketubah.

Kehati

We learned above (mishnah 1) that if a man married a woman prohibited to him, e.g., a High Priest who married a widow or an ordinary priest who married a divorcee, etc., and her husband warned her and she then secluded herself, she neither drinks nor collects her ketubah, since, (Num. 5:12): "If any man's wife go astray" refers to a woman who is eligible to be his wife. This mishnah continues to discuss women who are prohibited in marriage, e.g., a widow who is pregnant by her deceased husband, or still nursing his child, since the Sages forbade a nursing mother to marry until her infant is two years old, which covers the nursing period. The reason is explained in the Gemara (Yev. 42b): lest she conceive (by the second husband) and her milk dry up, whereupon the infant would die of starvation. The Jerusalem Talmud states: He who marries a pregnant woman or a woman still nursing a child, Scripture says of him (Prov. 23:10): "Remove not the ancient landmark, and enter not into the fields of the fatherless." This mishnah also discusses women who cannot bear children, and lists a dispute between the Tannaim on this issue as elaborated in the mishnah.

A woman pregnant by another or a woman nursing (a child) of another - if one transgressed the Rabbinic prohibition by marrying a widow or a divorcee who is pregnant by her first husband, or still nursing his infant, neither drinks - if he warned her and she then secluded herself, and does not drink the bitter water, since he is forbidden to retain her as a wife - nor collects her ketubah - is not authorized to claim her ketubah; so R. Meir - who holds that one may not marry a pregnant woman or a nursing mother; if he nevertheless married her, "he must divorce her and may never remarry her" (Gemara).

But the Sages say, He may separate from her and take her back after the time - at the completion of the nursing period. The Sages, disagreeing with R. Meir, hold that if a man has illicitly married a pregnant woman or nursing mother, "he must divorce her, and when the prohibited period ends, he may remarry her." Thus, she is eligible for marriage, since he may divorce her and remarry her after the nursing period. Hence, if he had warned her and she secluded herself, the sotah law applies to her, and they make her drink the water.

A barren woman - congenitally incapable of giving birth, referred to as aylonit, derived from ayal (male), since she lacks the female characteristics, an old woman - who ceased to menstruate - and one who is not fit to bear children - e.g., by swallowing a drug causing sterility; all of these neither drink nor collect their ketubah - since they do not qualify for marriage, due to the commandment to be fruitful and multiply. R. Eliezer says - they are fit for marriage, since He can marry another woman in addition and be fruitful and multiply by her - and retain the marriage bond with them. Hence, if he had warned them and they secluded themselves, they must drink. The halakhah does not follow R. Eliezer.

And all other women either drink or do not collect their ketubah - as we learned in the previous mishnah, that she who says, "I will not drink" is divorced without collecting her ketubah.

SOTAH: CHAPTER 4: MISHNAH 4

The wife of a priest drinks and is permitted to her husband. The wife of a saris drinks. A warning may be issued regarding all those with whom intercourse is forbidden excepting a minor, or one that is not human.

Kehati

The wife of a priest - whose husband warned her and she secluded herself, drinks - the bitter water and is permitted to her husband - if innocent, i.e., if the water failed to affect her, she is permitted to her husband. This mishnah teaches that even though a priest's wife is treated more stringently than an Israelite's, who if raped is permitted to her husband, unlike a priest's wife, and if the latter becomes a sotah, we suspect the possibility of rape wherefore the water fails to affect her, and hence she must leave her priest husband, she here shares the status of an Israelite's wife, and if the water fails to test her, she stays with her husband. Moreover, even if morbid symptoms develop in different parts of her body other than a swollen belly and thigh that falls away, she is permitted (Gemara; Rambam).

The Gemara explains that since it is written (Num. 5:13): " She had not been overpowered," implying that if raped, she remains permitted, one might infer that the sotah chapter refers to an Israelite's wife alone, so that a priest's wife, who is divorced even if raped, does not drink. Hence, this mishnah emphasizes that even a priest's wife must drink.

The wife of a saris - one congenitally sterile or castrated - drinks although the verse (ibid. 5:20): "And a man has lain with you other than your husband," implies a husband who is not sterile, the Torah does not specifically exclude the wife of such a husband. Accordingly, the latter, if warned and secluding herself, must drink the water.

A warning may be issued regarding all those with whom intercourse is forbidden - by reason of kinship; a husband can warn his wife not to seclude herself with such men including those with whom she is permitted to associate, e.g., her father or her brother (Hameiri, based on the Jerusalem Talmud). Should she do so with one of these forbidden relatives after warning, she is forbidden to him until she drinks the water. The Gemara explains: Since in the sotah chapter it states twice "she is defiled" (Num. 5:27,29), which was interpreted to cover both the husband and the adulterer, i.e., such misconduct renders her forbidden also to the adulterer (after divorce from her husband), we might infer that regarding the forbidden relatives his warning is pointless, since she is in any case forbidden to them, and hence she does not drink; therefore, our mishnah teaches us: "A warning can be issued regarding all those with whom intercourse is forbidden" - his warnings are effective also in regard to forbidden relatives, on account of which warnings she must drink. The above interpretation thus only includes the adulterer without excluding others forbidden to have intercourse with from being covered by the warning.

Excepting a minor - i.e., less than nine years and one day old, before which cohabitation has no legal impact (Rambam); others explain: below the age of thirteen years and one day, i.e., before the signs of puberty mature, as it is stated in the sotah chapter (Num. 5:13): "and a man lie with her carnally"- i.e., a man and not a minor (Bartenura; and see Tosefot R. Akiva Eiger). or one that is not human - e.g., an animal; i.e., if a man warned his wife not to seclude herself with a minor or with an animal, his warnings are ineffective, and the sotah law does not apply.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives