Babylonian Talmud: Tractate Sotah

Folio 24a

THE FOLLOWING DO NOT DRINK AND DO NOT RECEIVE THE MARRIAGE-SETTLEMENT: SHE WHO SAYS 'I AM UNCLEAN WHEN WITNESSES CAME [AND TESTIFIED] THAT SHE HAD MISCONDUCTED HERSELF, AND SHE WHO SAYS 'I REFUSE TO DRINK'. WHEN HER HUSBAND IS UNWILLING TO LET HER DRINK, OR WHEN HER HUSBAND COHABITED WITH HER ON THE JOURNEY [TO JERUSALEM]. SHE RECEIVES THE MARRIAGE-SETTLEMENT BUT DOES NOT DRINK. IF THE HUSBANDS DIED BEFORE [THE WOMEN] DRANK, BETH SHAMMAI DECLARE THAT THEY RECEIVE THE MARRIAGE-SETTLEMENT BUT DO NOT DRINK, AND BETH HILLEL DECLARE THAT THEY EITHER DRINK OR DO NOT RECEIVE THE MARRIAGE-SETTLEMENT.

[A WIFE] WHO WAS PREGNANT BY A FORMER HUSBAND OR WAS SUCKLING A CHILD BY A FORMER HUSBAND²  DOES NOT DRINK AND DOES NOT RECEIVE THE MARRIAGE-SETTLEMENT. SUCH IS THE STATEMENT OF R. MEIR; BUT THE RABBIS DECLARE THAT HE IS ABLE TO SEPARATE FROM HER AND TAKE HER BACK AFTER THE PERIOD [OF TWO YEARS]. A WOMAN INCAPABLE OF CONCEPTION,³  ONE TOO OLD TO BEAR CHILDREN, AND ONE WHO IS UNFIT TO BEAR CHILDREN⁴  DO NOT RECEIVE THE MARRIAGE-SETTLEMENT AND DO NOT DRINK.⁵  R. ELIEZER SAYS: HE IS ABLE TO MARRY ANOTHER WIFE⁶  AND HAVE OFFSPRING BY HER. AS FOR ALL OTHER WOMEN, THEY EITHER DRINK OR DO NOT RECEIVE THE MARRIAGE-SETTLEMENT.

THE WIFE OF A PRIEST DRINKS AND IS PERMITTED TO HER HUSBAND.⁷  THE WIFE OF A EUNUCH⁸  DRINKS. THROUGH [SECLUSION WITH] ALL PERSONS FORBIDDEN TO HER IN MARRIAGE⁹  JEALOUSY [NECESSITATING THE ORDEAL] IS ESTABLISHED WITH THE EXCEPTION OF A MINOR¹⁰  AND ONE NOT A MAN.¹¹

IN THE FOLLOWING CASES A COURT OF LAW CAN GIVE WARNING:¹²  WHEN THE HUSBAND IS A DEAF-MUTE OR HAS BECOME INSANE OR IS IMPRISONED. NOT FOR THE PURPOSE OF MAKING HER DRINK DID THEY SAY THIS, BUT TO DISQUALIFY HER IN CONNECTION WITH THE MARRIAGE-SETTLE MENT. R. JOSE SAYS: ALSO TO MAKE HER DRINK; WHEN HER HUSBAND IS RELEASED FROM PRISON HE MAKES HER DRINK.

GEMARA. [In the instances enumerated by the Mishnah, the husband] does not let her drink, but he may give her a warning.¹³  Whence is this learnt? — Our Rabbis taught: Speak unto the children of Israel and say¹⁴  — [the addition of 'and say'] is to include a betrothed maiden and a childless widow waiting for her levir in the law respecting the warning. Whose is [the teaching of] our Mishnah? — It is R. Jonathan's; for it has been taught: Being under thy husband¹⁵  excludes a betrothed maiden. It is possible to think that we are also to exclude a childless widow; therefore the text repeats the word 'man'.¹⁶  Such is the statement of R. Joshiah. R. Jonathan says: 'Being under thy husband' excludes a childless widow. [It is possible to think that] we exclude a childless widow waiting for her levir but not a betrothed maiden; therefore there is a text to declare, When a wife, being under her husband, goeth aside,¹⁷  thus excluding a betrothed maiden. One teacher¹⁸  considers a betrothed maiden as more bound to him since the marriage ensues through him and they stone her on his account;¹⁹  whereas the other teacher considers that a childless widow is more bound to [her brother-in-law] since the nuptial surrender is not lacking.²⁰  What, then, does R. Jonathan make of the repetition of the word 'man'? — He requires it to include the wife of a deaf-mute man, the wife of an imbecile, and the wife of

1. A descendant of the Gibeonites (Josh. IX) with whom Israelites were not allowed to intermarry. An illegitimate was debarred under the law of Deut. XXIII, 3, E.V. 2.
2. Under Rabbinic Law, a pregnant woman who had been divorced or widowed should not marry for two years. This Mishnah deals with the case where she married within that period and her husband became jealous of her.
3. Lit., 'ram-like', v. Keth. 11a.
4. This refers to a woman who lost the capability of bearing by taking some drug and not just barren or too old to bear children.
5. Because marriage with such as these is forbidden to one who has no children.
6. In addition to her; he therefore regards such a marriage as valid.
7. If proved innocent.
8. Who became so after marriage.
9. E.g., her father or brother.
10. Under the age of nine years.
11. Explained in the Gemara.
12. Instead of the husband, when they have cause to suspect the wife.
13. Not to associate with the man, in order to deny her right to the marriage. settlement if she disobeyed.
14. Num. V, 12.
15. Ibid. 19.
16. In verse 12 any man's wife is literally: a man, a man, his wife. The addition of the word 'man' is taken to include the case of a childless widow, waiting for her levir.
17. Ibid. 29.
18. R. Jonathan.
19. If she is unchaste (Deut. XXII, 24).
20. By the death of her husband she ipso facto becomes the wife of her brother-in-law if he wishes to take her, and an act of cohabitation constitutes a marriage.

Now the reason [given why a betrothed maiden is excluded] is because these Scriptural texts occur, otherwise I would have said that a betrothed maiden must drink; but when R. Aha b. Hanina came from the South he brought this teaching with him: Besides thine husband³  — i.e., when intercourse with a husband had preceded intercourse with a paramour and not when intercourse with a paramour had preceded intercourse with a husband!⁴  — Rami b. Hama said, [It is necessary to rely upon the texts] for such a contingency as when the fiance had had intercourse with her in her father's house.⁵  Similarly with a childless widow the texts would be required for the contingency as when the brother-in-law had had intercourse with her in her father-in-law's house;⁶  but can you call her a childless widow waiting for her levir'? [In such circumstances], Surely she is his legal wife; for Rab has said: He⁷  has acquired her [as his wife] in every respect!⁸  — It is as Samuel said: He has only acquired her for the objects mentioned in the Scriptural portion.⁹  If that is so, are we to say that Rab agrees with R. Joshiah¹⁰  and Samuel with R. Jonathan?¹¹  — Rab can reply. I even agree with R. Jonathan, because from the fact that it was necessary for the text to exclude her,¹²  it follows that she is his legal wife.

1. V. infra 27a.
2. This is likewise expounded infra 27a.
3. Num. V, 20.
4. Consequently a betrothed maiden is excluded from the law.
5. Before marriage.
6. After her husband's death.
7. The levir.
8. By cohabitation. If, e.g., he is a priest, she partakes of the heave-offering.
9. Deut. XXV, 5-10. viz., to be his brother's heir and free himself from the ceremony of Halizah; but cohabitation would not constitute a marriage to give her the right to partake of the heave.offering if he was a priest.
10. Who says that a childless widow waiting for her levir drinks, and that can arise in the case where the cohabitation occurred in her father's house.
11. Who holds that she does not drink, for cohabitation does not constitute full marriage.
12. A childless widow who cohabited with her brother-in-law.