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Week 80 - Sunday - 3 June 2001

SOTAH: CHAPTER 4: MISHNAH 1

A betrothed woman and one awaiting yibum neither drink nor collect their ketubah, as it is said (Num. 5:29): "when a wife strays from under her husband" - this excludes a betrothed woman and one awaiting yibum. A widow married to a high priest, a divorcee or one who performed halitzah to an ordinary priest, a mamzeret or netinah to an Israelite, or an Israelite daughter to a mamzer or a natin, neither drink nor collect their ketubah.

Kehati

This mishnah deals with women who, as a result of warning and seclusion, lose their ketubah, and do not drink the bitter water since the sotah law does not apply here to them.

A betrothed woman - i.e., legally wed but prior to consummation whose spouse had warned her, yet she secluded herself, and one awaiting yibum - who awaits levirate marriage with her brother-in-law, where despite his warning she secluded herself, neither drink - the bitter water, since the Torah excludes them from the sotah law, as explained below in this mishnah, nor collect their ketubah - since due to warning and seclusion the betrothed woman rendered herself prohibited to her husband, similarly the woman awaiting levirate marriage has rendered herself prohibited to her brother-in-law. Although a woman awaiting levirate marriage who cohabits with another remains permitted to her brother-in-law (see our commentary above, mishnah 2:5-6), the latter may nevertheless warn her, since he does not desire to live with a loose woman; thus once she secludes herself, she thereby renders herself forbidden to him (Rashi, Hameiri). Accordingly, they lose their ketubah.

The Sotah chapter opens thus: "Speak unto the children of Israel and say unto them: If any man's wife go astray, and commit a betrayal against him." According to the Sages, this verse includes a betrothed woman and one awaiting levirate marriage. Since by ignoring the warnings and secluding herself, the betrothed woman is rendered forbidden to her husband, as is the one awaiting levirate marriage to her brother-in-law, the former must be divorced and the latter is discharged by halitzah, and both forfeit their ketubah. For what reason do they not drink? as it is said in the sotah chapter: "This is the law of jealousy, when a wife strays from under her husband" - which implies a woman living with her husband - this excludes a betrothed woman and one awaiting yibum - who do not live with their husbands and therefore do not drink.

A widow married to a high priest - who ignored the prohibition of marrying a widow, a divorcee or one who performed halitzah to an ordinary priest who transgressed the prohibition of marrying a divorcee or one who performed halitzah, a mamzeret or netinah to an Israelite - a Jew who transgressed by marrying a mamzeret (the offspring of a union punishable by death) or a netinah (see our commentary on Yev. 2:4) or an Israelite daughter - who is sinfully married to a mamzer or a natin - all of these women, since they have married their husbands illegally, should the husband warn them and they seclude themselves, neither drink - the bitter water, since the sotah chapter refers to a marriageable woman alone, thus: (Num. 5:12): "when a man's wife go astray" - which implies a woman fit to be a wife, and excludes anyone forbidden to her husband (Sifrei).

Accordingly, all of the above-mentioned are not subject to the sotah law and do not drink, but must leave their husbands, - nor collect their ketubah - whereas they collect their ketubah if they are divorced without having been warned and secluding themselves (See Ket. 11:6), if they leave as a result of warning and seclusion they forfeit their ketubah, since the warning and seclusion caused the loss of their ketubah through their own fault.

According to Rambam, the above - "a widow to a high priest, a divorcee or one who performed halitzah to an ordinary priest, etc." - do not drink because their husbands lived with them illicitly; thus (Hil. Sotah 2:8-9) "Any man who ever indulged in illicit elations...the curse-causing waters do not test his wife, as it is said (Num. 5:31): And the man shall be free of guilt, while the woman shall bear her guilt"- i.e., only when the man is free of guilt, does the woman bear her guilt. Hence, if his wife had been forbidden to him by a negative precept or by a positive precept, even in the (Rabbinically prohibited) second degree, and he warned her and she secluded herself, she does not drink, but rather leaves without her ketubah, and is rendered forbidden to him even on this account" (see ibid. Mishneh Lamelekh).

SOTAH: CHAPTER 4: MISHNAH 2

These neither drink nor collect their ketubah: One who says, "I am defiled," and one about whom witnesses have testified that she was defiled, and one who says, "I will not drink." One whose husband said, "I will not make her drink," or if her husband cohabited with her on the way, collects her ketubah but does not drink. If their husbands died before they had drunk - Bet Shammai say, They collect their ketubah, but do not drink; but Bet Hillel say, They neither drink nor collect their ketubah.

Kehati

This mishnah lists those who do not drink the bitter water, but must leave their husbands because they are forbidden to them, yet differ concerning their entitlement to the ketubah.

These - women listed below, neither drink - the water nor collect their ketubah - since they have rendered themselves forbidden to their husbands of their own accord. One who says, "I am defiled," - after being warned and secluding herself, she confessed her adultery, and is thereby forbidden to her husband; and one about whom witnesses have testified that she was defiled - who witnessed her adultery - and one who says, "I will not drink" - i.e., before the scroll has been erased (see above, mishnah 3:3), even though she denies being guilty; none of these drink, but must leave their husbands without their ketubah, as explained above. But one whose husband said, "I will not make her drink," - where the woman agrees, but her husband refuses to have her drink, or if her husband cohabited with her on the way - after she had secluded herself, while accompanying her to Jerusalem to the High Court (see above 1:3), she collects her ketubah but does not drink - i.e., though forbidden to her husband since she did not drink, she retains her ketubah since her husband caused her not to drink.

If their husbands died before they had drunk - women who were required to drink the water, but whose husbands died before they could do so, Bet Shammai say, They collect their ketubah - according to the Gemara, this is based on their ruling that a bond due for collection is as collected; i.e., one who holds a promissory note against another, underwritten by property, is considered as having possession of the property. Hence, the woman is entitled to property mortgaged for the ketubah, and the husband's heirs are the claimants. Accordingly, the latter must prove her guilt, since the onus of proof always rests on the claimant. In the absence of such proof, the claimant must pay her the ketubah, but do not drink - as specified in the sotah chapter (Num. 5:15): "then shall the man bring his wife," but in this case he is dead. But Bet Hillel say, They neither drink nor collect their ketubah - since Bet Hillel hold: "a bond due for collection is not as collected"; hence, it is the woman who claims her ketubah from the heirs, and thus she must prove her innocence. In the absence of such proof, she forfeits her ketubah, because of the doubt whether he committed adultery.

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