A woman who is betrothed or waiting for levirate marriage does not drink the sotah water, but could be accused of being alone with a man (kinui and setira) and would lose her ketuba money. The same would be true if the marriage was forbidden from the start, such as a forbidden marriage for a priest, i.e. with a divorcee. The Mishna lists a number of other cases, some of which are a subject of debate about whether she can drink the water or whether she does or doesn’t lose her ketuba money. There are some cases where the court can intervene and do the kinui in place of the man, in a case where he is incapable. The Gemara first deals with the case of betrothal and levirate marriage and explains that the Mishna follows Rabbi Yonatan’s position as he disagrees with Rabbi Yoshiya who holds that a woman waiting for levirate marriage can drink the sotah water. What is the source in the Torah for each of their opinions and on what logic is each opinion based? The Gemara questions both of their opinions as they both say there is a verse to exclude a betrothed woman from drinking the sotah water, however, this can be learned from a different verse entirely. How is this resolved?
Sotah 24
Share this shiur:
This month’s learning is sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Fred Hochstadter, Ephraim ben Kayla veBaruch on his 18th yahrzeit on ח׳ אלול. “We continue to be inspired by his dedication to daily learning, from the Daf and beyond, to its surrounding philosophical, historical and legal nuances. We miss him greatly and can only strive to emulate his wise, kind and elegant ways.”
Want to dedicate learning? Get started here:
Today’s daily daf tools:
This month’s learning is sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Fred Hochstadter, Ephraim ben Kayla veBaruch on his 18th yahrzeit on ח׳ אלול. “We continue to be inspired by his dedication to daily learning, from the Daf and beyond, to its surrounding philosophical, historical and legal nuances. We miss him greatly and can only strive to emulate his wise, kind and elegant ways.”
Sotah 24
וּנְתִינָה לְיִשְׂרָאֵל, וּבַת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין — לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתוּבָה.
or Gibeonite woman who was married to a Jew of unflawed lineage, or a Jewish woman of unflawed lineage who was married to a mamzer or a Gibeonite, all of these women neither drink the bitter water nor collect payment of their marriage contracts, as the sota ritual applies only to permitted marriages.
וְאֵלּוּ לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתוּבָה: הָאוֹמֶרֶת ״טְמֵאָה אֲנִי״, וְשֶׁבָּאוּ לָהּ עֵדִים שֶׁהִיא טְמֵאָה, וְהָאוֹמֶרֶת ״אֵינִי שׁוֹתָה״.
And the following women neither drink the bitter water nor collect payment of their marriage contracts: A woman who confesses and says: I am defiled, and a woman with regard to whom witnesses came and testified that she is defiled, and a woman who says: I will not drink the bitter water, even if she does not confess her guilt.
אָמַר בַּעְלָהּ ״אֵינִי מַשְׁקָהּ״, וְשֶׁבַּעְלָהּ בָּא עָלֶיהָ בַּדֶּרֶךְ — נוֹטְלוֹת כְּתוּבָּה וְלֹא שׁוֹתוֹת.
However, a woman whose husband said: I will not have her drink, and a woman whose husband engaged in sexual intercourse with her on the way to the Temple, collect payment of their marriage contracts even though they do not drink the bitter water, as it is due to the husbands that they do not drink.
מֵתוּ בַּעְלֵיהֶן עַד שֶׁלֹּא שָׁתוּ, בֵּית שַׁמַּאי אוֹמְרִים: נוֹטְלוֹת כְּתוּבָּה וְלֹא שׁוֹתוֹת, וּבֵית הִלֵּל אוֹמְרִים: אוֹ שׁוֹתוֹת אוֹ לֹא נוֹטְלוֹת כְּתוּבָּתָן.
If the husbands of sota women died before their wives drank the bitter water, Beit Shammai say: They collect payment of their marriage contracts and they do not drink the bitter water. And Beit Hillel say: They either drink the bitter water or they do not collect payment of their marriage contracts.
מְעוּבֶּרֶת חֲבֵירוֹ וּמְנִיקַת חֲבֵירוֹ — לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתוּבָּה, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים: יָכוֹל הוּא לְהַפְרִישָׁהּ וּלְהַחְזִירָהּ לְאַחַר זְמַן.
A woman who was pregnant with the child of another man at the time of her marriage and a woman who was nursing the child of another man at the time of her marriage neither drink the bitter water nor collect payment of their marriage contracts. This is because by rabbinic law they may not marry for twenty-four months after the baby’s birth, and therefore these also constitute prohibited marriages. This is the statement of Rabbi Meir. And the Rabbis say: He can separate from her, and remarry her after the time of twenty-four months has elapsed, and therefore these are considered permitted marriages, and the women can drink the bitter water.
אַיְילוֹנִית וּזְקֵינָה, וְשֶׁאֵינָהּ רְאוּיָה לֵילֵד — לֹא נוֹטְלוֹת כְּתוּבָּה וְלֹא שׁוֹתוֹת. רַבִּי אֶלְעָזָר אוֹמֵר: יָכוֹל הוּא לִישָּׂא אִשָּׁה אַחֶרֶת וְלִפְרוֹת וְלִרְבּוֹת הֵימֶנָּה.
A sexually underdeveloped woman who is incapable of bearing children [ailonit], and an elderly woman, and a woman who is incapable of giving birth for other reasons, neither collect payment of their marriage contracts nor drink the bitter water, as marrying a woman who cannot give birth constitutes a violation of the mitzva to be fruitful and multiply. Rabbi Elazar says: He can marry another woman and procreate through her; therefore, these are considered permitted marriages, and women in these categories can drink the bitter water.
וּשְׁאָר כׇּל הַנָּשִׁים — אוֹ שׁוֹתוֹת אוֹ לֹא נוֹטְלוֹת כְּתוּבָּה. אֵשֶׁת כֹּהֵן שׁוֹתָה — וּמוּתֶּרֶת לְבַעְלָהּ. אֵשֶׁת סָרִיס שׁוֹתָה.
And all other women either drink the bitter water or do not collect payment of their marriage contracts. The wife of a priest drinks, and if she is found to be innocent of adultery, she is permitted to her husband. The wife of a eunuch also drinks.
עַל יְדֵי כׇּל עֲרָיוֹת מְקַנִּין, חוּץ מִן הַקָּטָן וּמִמִּי שֶׁאֵינוֹ אִישׁ.
A husband can issue a warning to his wife forbidding her to seclude herself with any man, even with regard to all those men with whom relations are forbidden, e.g., her father or brother, with the exception of a minor and of one who is not a man, i.e., in a situation where a man suspects his wife of bestiality.
וְאֵלּוּ שֶׁבֵּית דִּין מְקַנִּין לָהֶן: מִי שֶׁנִּתְחָרֵשׁ בַּעְלָהּ, אוֹ נִשְׁתַּטָּה, אוֹ שֶׁהָיָה חָבוּשׁ בְּבֵית הָאֲסוּרִין. לֹא לְהַשְׁקוֹתָהּ אָמְרוּ, אֶלָּא לְפוֹסְלָהּ מִכְּתוּבָּתָהּ. רַבִּי יוֹסֵי אוֹמֵר: אַף לְהַשְׁקוֹתָהּ. לִכְשֶׁיֵּצֵא בַּעְלָהּ מִבֵּית הָאֲסוּרִין יַשְׁקֶנָּה.
And these are the women to whom the court issues a warning in place of their husbands: One whose husband became a deaf-mute or became an imbecile, or was incarcerated in prison. The Sages said that the court warns her not in order to have her drink the bitter water if she disobeys the warning, but in order to disqualify her from receiving payment of her marriage contract. Rabbi Yosei says: The court’s warning also serves to have her drink, and when her husband is released from prison he has her drink.
גְּמָ׳ מִישְׁתָּא הוּא דְּלָא שָׁתְיָיא, הָא קַנּוֹיֵ[י] מְקַנֵּי לַהּ: מְנָא הָנֵי מִילֵּי? דְּתָנוּ רַבָּנַן: ״דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ״ — לְרַבּוֹת אֲרוּסָה וְשׁוֹמֶרֶת יָבָם לְקִינּוּי.
GEMARA: The mishna states that a betrothed woman and a widow awaiting her yavam do not drink the bitter water. The Gemara infers: She does not drink, but the husband or yavam can warn her against secluding herself with another man, and if she violates his warning, she is forbidden to him. The Gemara asks: From where are these matters derived? The Gemara answers: This is derived as the Sages taught with regard to the verse: “Speak to the children of Israel and say unto them: If the wife of any man goes astray, and acts unfaithfully against him” (Numbers 5:12). The superfluous phrase “and say unto them” is an amplification, and serves to include a betrothed woman and a widow awaiting her yavam in the halakhot of warning.
וּמַתְנִיתִין מַנִּי — רַבִּי יוֹנָתָן הִיא. דְּתַנְיָא: ״תַּחַת אִישֵׁךְ״, פְּרָט לַאֲרוּסָה. יָכוֹל שֶׁאֲנִי מוֹצִיא אַף שׁוֹמֶרֶת יָבָם, תַּלְמוּד לוֹמַר: ״אִישׁ אִישׁ״, דִּבְרֵי רַבִּי יֹאשִׁיָּה.
And whose opinion is expressed in the mishna? It is the opinion of Rabbi Yonatan, as it is taught in a baraita with regard to the verse: “And the priest shall cause her to swear, and shall say to the woman: If no man has lain with you, and if you have not gone aside to defilement while under your husband” (Numbers 5:19). This excludes a betrothed woman, who does not yet live with her betrothed, from the ritual of the bitter water. One might have thought that I exclude even a widow awaiting her yavam; therefore, the verse states: “If the wife of any man goes astray” (Numbers 5:12). The term “any man” serves to include a widow awaiting her yavam in the ritual of the bitter water. This is the statement of Rabbi Yoshiya.
רַבִּי יוֹנָתָן אוֹמֵר: ״תַּחַת אִישֵׁךְ״ — פְּרָט לְשׁוֹמֶרֶת יָבָם. אוֹצִיא שׁוֹמֶרֶת יָבָם וְלֹא אוֹצִיא אֶת אֲרוּסָה, תַּלְמוּד לוֹמַר: ״אֲשֶׁר תִּשְׂטֶה אִשָּׁה תַּחַת אִישָׁהּ״ — פְּרָט לַאֲרוּסָה.
Rabbi Yonatan says: The phrase “while under your husband” excludes a widow awaiting her yavam from drinking the bitter water. Lest one would say that I will exclude a widow awaiting her yavam but I will not exclude a betrothed woman, the verse therefore states: “This is the law of jealousy, when a wife, while under her husband, goes astray, and is defiled” (Numbers 5:29). The term “while under her husband” excludes a betrothed woman from drinking the bitter water.
מָר אַלִּימָא לֵיהּ אֲרוּסָה, דְּקִידּוּשֵׁי דִּידֵיהּ, וְסוֹקְלִין עַל יָדוֹ.
The Gemara explains the dispute: One Sage, Rabbi Yonatan, holds that the bond with the betrothed woman is stronger, as it is his own betrothal, whereas in the case of a widow awaiting her yavam, the bond stems from his brother’s betrothal. And furthermore, if the betrothed woman commits adultery, she is stoned due to her bond with him, whereas a widow awaiting her yavam who engages in sexual intercourse with another man is liable only to receive lashes. Since the bond with the betrothed woman is stronger, Rabbi Yonatan derives from the phrase “while under your husband” that a widow awaiting her yavam is excluded with respect to the bitter water, whereas a betrothed woman is excluded only because of the phrase “and say unto them.”
וּמָר אַלִּימָא לֵיהּ שׁוֹמֶרֶת יָבָם, דְּלָא מְיחַסְּרָא מְסִירָה לְחוּפָּה.
And one Sage, Rabbi Yoshiya, holds that the bond with the widow awaiting her yavam is stronger, as she is not lacking entry into the wedding canopy, as her marriage to the yavam is completed through sexual intercourse alone. Rabbi Yoshiya therefore excludes only a betrothed woman from drinking the bitter water.
וְרַבִּי יוֹנָתָן, הַאי ״אִישׁ אִישׁ״ מַאי עָבֵיד לֵיהּ? מִיבְּעֵי לֵיהּ לְרַבּוֹת אֵשֶׁת חֵרֵשׁ, וְאֵשֶׁת שׁוֹטֶה, וְאֵשֶׁת
The Gemara asks: And Rabbi Yonatan, who excludes both a betrothed woman and a widow awaiting her yavam from drinking the bitter water, what does he do with this term “any man”? What does it serve to include? The Gemara answers: Rabbi Yonatan requires it in order to include the wife of a deaf-mute and the wife of an imbecile, and the wife of
שַׁעֲמוּם. וְרַבִּי יֹאשִׁיָּה, הַאי ״תַּחַת אִישָׁהּ״ מַאי עָבֵיד לֵיהּ? מִיבְּעֵי לֵיהּ לְהַקִּישׁ אִישׁ לְאִשָּׁה וְאִשָּׁה לְאִישׁ.
a mentally ill person [shiamum], whom the court warns on behalf of the husband. The Gemara asks: And according to Rabbi Yoshiya, what does he do with this term “while under her husband”? The Gemara answers: Rabbi Yoshiya requires it in order to compare a man to a woman and a woman to a man, as explained later (27a).
אֶלָּא, טַעְמָא דִּכְתִיבִי הָנֵי קְרָאֵי, הָא לָאו הָכִי, הֲוָה אָמֵינָא אֲרוּסָה שָׁתְיָא? וְהָא כִּי אֲתָא רַבִּי אַחָא בַּר חֲנִינָא מִדָּרוֹמָא, אֲתָא וְאַיְיתִי מַתְנִיתָא בִּידֵיהּ: ״מִבַּלְעֲדֵי אִישֵׁךְ״, מִשֶּׁקָּדְמָה שְׁכִיבַת בַּעַל לַבּוֹעֵל, וְלֹא שֶׁקָּדְמָה שְׁכִיבַת בּוֹעֵל לַבַּעַל.
The Gemara asks: But according to both opinions, the reason for the exclusion of a betrothed woman is that these verses are written; if it were not so, I would say that a betrothed woman drinks. But when Rabbi Aḥa bar Ḥanina came from the South, he came and brought the following baraita with him: The verse states: “But if you have gone astray while under your husband, and if you are defiled, and some man has lain with you besides your husband” (Numbers 5:20). This indicates that the halakhot of a sota apply only when sexual intercourse with the husband preceded sexual intercourse with the paramour, and not in a case when sexual intercourse with the paramour preceded intercourse with the husband. In the case of a betrothed woman who committed adultery, intercourse with the paramour preceded intercourse with the betrothed, and this verse excludes her from drinking the bitter water of the sota.
אָמַר רָמֵי בַּר חָמָא: מַשְׁכַּחַתְּ לַהּ — כְּגוֹן שֶׁבָּא עָלֶיהָ אָרוּס בְּבֵית אָבִיהָ.
Rami bar Ḥama said: You find the necessity for an additional exclusion in a case where her betrothed engaged in sexual intercourse with her in her father’s house, i.e., before they were married, and before the sexual intercourse with the paramour.
דִּכְווֹתַהּ גַּבֵּי שׁוֹמֶרֶת יָבָם — כְּגוֹן שֶׁבָּא עָלֶיהָ יָבָם בְּבֵית חָמִיהָ. הָא שׁוֹמֶרֶת יָבָם קָרֵית לַהּ? אִשְׁתּוֹ מְעַלַּיְיתָא הִיא, דְּהָאָמַר רַב: קָנָה לַכֹּל!
The Gemara questions this explanation: In the corresponding situation with regard to a widow awaiting her yavam, whom Rabbi Yonatan excludes from the sota ritual due to the exclusion from the phrase “while under your husband,” is the necessity for this exclusion due to a case where the yavam engaged in sexual intercourse with her in her father-in-law’s house before the levirate marriage took place? But do you call that woman a widow awaiting her yavam? She is his full-fledged wife, as didn’t Rav say: If a widow awaiting her yavam engaged in sexual intercourse with her yavam, even without the intention of implementing a levirate marriage, he has acquired her as his wife with respect to all aspects of marriage, including the halakhot of a sota.
כִּשְׁמוּאֵל, דְּאָמַר: לֹא קָנָה אֶלָּא לִדְבָרִים הָאֲמוּרִים בַּפָּרָשָׁה.
The Gemara answers: Rabbi Yonatan’s opinion is in accordance with the opinion of Shmuel, as Shmuel says: A yavam who engages in sexual intercourse with his yevama without intending to consummate the levirate marriage does not acquire her as his wife except with regard to those matters that are stated in the passage in the Torah that deals with levirate marriage, i.e., that he inherits his brother’s estate, and he can free the widow with a bill of divorce without ḥalitza (see Yevamot 56a). He is not considered fully married to the woman, and, according to Rabbi Yonatan, the halakhot of a sota do not apply to her.
אִי הָכִי, לֵימָא רַב דְּאָמַר כְּרַבִּי יֹאשִׁיָּה וּשְׁמוּאֵל דְּאָמַר כְּרַבִּי יוֹנָתָן? אָמַר לָךְ רַב: אֲנָא דַּאֲמַרִי — אֲפִילּוּ לְרַבִּי יוֹנָתָן. מִדְּאִיצְטְרִיךְ קְרָא לְמַעוֹטַהּ — מִכְּלַל דְּאִשְׁתּוֹ מְעַלַּיְיתָא הִיא.
The Gemara asks: If so, let us say that Rav stated his opinion in accordance with the opinion of Rabbi Yoshiya, and Shmuel stated his opinion in accordance with the opinion of Rabbi Yonatan. The Gemara rejects this interpretation: Rav could have said to you: I state my opinion even according to the opinion of Rabbi Yonatan. Since it was necessary for the verse to exclude a yevama who engaged in sexual intercourse with her yavam from the sota ritual, by inference one may derive that she is his full-fledged wife with regard to all other matters.
Today’s daily daf tools:
Delve Deeper
Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!
Teaneck NJ, United States
My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others. Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life. Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.
Englewood NJ, United States
Tel Aviv, Israel
I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!
Zichron Yaakov, Israel
Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
Raanana, Israel
I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.
NJ, United States
After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.
Virginia, United States
I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.
Zichron Yakov, Israel
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Silver Spring, Maryland, United States
Blacksburg, United States
I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!
Guildford, United Kingdom
I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Warwick, Rhode Island, United States
Blacksburg, United States
I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!
Bakersfield, United States
Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.
Pennsylvania, United States
I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.
Raanana, Israel
Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.
Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.
Merion Station, USA
Beit Shemesh, Israel
Richmond, CA, United States
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Silver Spring, Maryland, United States
Berlin, Germany
Sotah 24
וּנְתִינָה לְיִשְׂרָאֵל, וּבַת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין — לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתוּבָה.
or Gibeonite woman who was married to a Jew of unflawed lineage, or a Jewish woman of unflawed lineage who was married to a mamzer or a Gibeonite, all of these women neither drink the bitter water nor collect payment of their marriage contracts, as the sota ritual applies only to permitted marriages.
וְאֵלּוּ לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתוּבָה: הָאוֹמֶרֶת ״טְמֵאָה אֲנִי״, וְשֶׁבָּאוּ לָהּ עֵדִים שֶׁהִיא טְמֵאָה, וְהָאוֹמֶרֶת ״אֵינִי שׁוֹתָה״.
And the following women neither drink the bitter water nor collect payment of their marriage contracts: A woman who confesses and says: I am defiled, and a woman with regard to whom witnesses came and testified that she is defiled, and a woman who says: I will not drink the bitter water, even if she does not confess her guilt.
אָמַר בַּעְלָהּ ״אֵינִי מַשְׁקָהּ״, וְשֶׁבַּעְלָהּ בָּא עָלֶיהָ בַּדֶּרֶךְ — נוֹטְלוֹת כְּתוּבָּה וְלֹא שׁוֹתוֹת.
However, a woman whose husband said: I will not have her drink, and a woman whose husband engaged in sexual intercourse with her on the way to the Temple, collect payment of their marriage contracts even though they do not drink the bitter water, as it is due to the husbands that they do not drink.
מֵתוּ בַּעְלֵיהֶן עַד שֶׁלֹּא שָׁתוּ, בֵּית שַׁמַּאי אוֹמְרִים: נוֹטְלוֹת כְּתוּבָּה וְלֹא שׁוֹתוֹת, וּבֵית הִלֵּל אוֹמְרִים: אוֹ שׁוֹתוֹת אוֹ לֹא נוֹטְלוֹת כְּתוּבָּתָן.
If the husbands of sota women died before their wives drank the bitter water, Beit Shammai say: They collect payment of their marriage contracts and they do not drink the bitter water. And Beit Hillel say: They either drink the bitter water or they do not collect payment of their marriage contracts.
מְעוּבֶּרֶת חֲבֵירוֹ וּמְנִיקַת חֲבֵירוֹ — לֹא שׁוֹתוֹת וְלֹא נוֹטְלוֹת כְּתוּבָּה, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים: יָכוֹל הוּא לְהַפְרִישָׁהּ וּלְהַחְזִירָהּ לְאַחַר זְמַן.
A woman who was pregnant with the child of another man at the time of her marriage and a woman who was nursing the child of another man at the time of her marriage neither drink the bitter water nor collect payment of their marriage contracts. This is because by rabbinic law they may not marry for twenty-four months after the baby’s birth, and therefore these also constitute prohibited marriages. This is the statement of Rabbi Meir. And the Rabbis say: He can separate from her, and remarry her after the time of twenty-four months has elapsed, and therefore these are considered permitted marriages, and the women can drink the bitter water.
אַיְילוֹנִית וּזְקֵינָה, וְשֶׁאֵינָהּ רְאוּיָה לֵילֵד — לֹא נוֹטְלוֹת כְּתוּבָּה וְלֹא שׁוֹתוֹת. רַבִּי אֶלְעָזָר אוֹמֵר: יָכוֹל הוּא לִישָּׂא אִשָּׁה אַחֶרֶת וְלִפְרוֹת וְלִרְבּוֹת הֵימֶנָּה.
A sexually underdeveloped woman who is incapable of bearing children [ailonit], and an elderly woman, and a woman who is incapable of giving birth for other reasons, neither collect payment of their marriage contracts nor drink the bitter water, as marrying a woman who cannot give birth constitutes a violation of the mitzva to be fruitful and multiply. Rabbi Elazar says: He can marry another woman and procreate through her; therefore, these are considered permitted marriages, and women in these categories can drink the bitter water.
וּשְׁאָר כׇּל הַנָּשִׁים — אוֹ שׁוֹתוֹת אוֹ לֹא נוֹטְלוֹת כְּתוּבָּה. אֵשֶׁת כֹּהֵן שׁוֹתָה — וּמוּתֶּרֶת לְבַעְלָהּ. אֵשֶׁת סָרִיס שׁוֹתָה.
And all other women either drink the bitter water or do not collect payment of their marriage contracts. The wife of a priest drinks, and if she is found to be innocent of adultery, she is permitted to her husband. The wife of a eunuch also drinks.
עַל יְדֵי כׇּל עֲרָיוֹת מְקַנִּין, חוּץ מִן הַקָּטָן וּמִמִּי שֶׁאֵינוֹ אִישׁ.
A husband can issue a warning to his wife forbidding her to seclude herself with any man, even with regard to all those men with whom relations are forbidden, e.g., her father or brother, with the exception of a minor and of one who is not a man, i.e., in a situation where a man suspects his wife of bestiality.
וְאֵלּוּ שֶׁבֵּית דִּין מְקַנִּין לָהֶן: מִי שֶׁנִּתְחָרֵשׁ בַּעְלָהּ, אוֹ נִשְׁתַּטָּה, אוֹ שֶׁהָיָה חָבוּשׁ בְּבֵית הָאֲסוּרִין. לֹא לְהַשְׁקוֹתָהּ אָמְרוּ, אֶלָּא לְפוֹסְלָהּ מִכְּתוּבָּתָהּ. רַבִּי יוֹסֵי אוֹמֵר: אַף לְהַשְׁקוֹתָהּ. לִכְשֶׁיֵּצֵא בַּעְלָהּ מִבֵּית הָאֲסוּרִין יַשְׁקֶנָּה.
And these are the women to whom the court issues a warning in place of their husbands: One whose husband became a deaf-mute or became an imbecile, or was incarcerated in prison. The Sages said that the court warns her not in order to have her drink the bitter water if she disobeys the warning, but in order to disqualify her from receiving payment of her marriage contract. Rabbi Yosei says: The court’s warning also serves to have her drink, and when her husband is released from prison he has her drink.
גְּמָ׳ מִישְׁתָּא הוּא דְּלָא שָׁתְיָיא, הָא קַנּוֹיֵ[י] מְקַנֵּי לַהּ: מְנָא הָנֵי מִילֵּי? דְּתָנוּ רַבָּנַן: ״דַּבֵּר אֶל בְּנֵי יִשְׂרָאֵל וְאָמַרְתָּ״ — לְרַבּוֹת אֲרוּסָה וְשׁוֹמֶרֶת יָבָם לְקִינּוּי.
GEMARA: The mishna states that a betrothed woman and a widow awaiting her yavam do not drink the bitter water. The Gemara infers: She does not drink, but the husband or yavam can warn her against secluding herself with another man, and if she violates his warning, she is forbidden to him. The Gemara asks: From where are these matters derived? The Gemara answers: This is derived as the Sages taught with regard to the verse: “Speak to the children of Israel and say unto them: If the wife of any man goes astray, and acts unfaithfully against him” (Numbers 5:12). The superfluous phrase “and say unto them” is an amplification, and serves to include a betrothed woman and a widow awaiting her yavam in the halakhot of warning.
וּמַתְנִיתִין מַנִּי — רַבִּי יוֹנָתָן הִיא. דְּתַנְיָא: ״תַּחַת אִישֵׁךְ״, פְּרָט לַאֲרוּסָה. יָכוֹל שֶׁאֲנִי מוֹצִיא אַף שׁוֹמֶרֶת יָבָם, תַּלְמוּד לוֹמַר: ״אִישׁ אִישׁ״, דִּבְרֵי רַבִּי יֹאשִׁיָּה.
And whose opinion is expressed in the mishna? It is the opinion of Rabbi Yonatan, as it is taught in a baraita with regard to the verse: “And the priest shall cause her to swear, and shall say to the woman: If no man has lain with you, and if you have not gone aside to defilement while under your husband” (Numbers 5:19). This excludes a betrothed woman, who does not yet live with her betrothed, from the ritual of the bitter water. One might have thought that I exclude even a widow awaiting her yavam; therefore, the verse states: “If the wife of any man goes astray” (Numbers 5:12). The term “any man” serves to include a widow awaiting her yavam in the ritual of the bitter water. This is the statement of Rabbi Yoshiya.
רַבִּי יוֹנָתָן אוֹמֵר: ״תַּחַת אִישֵׁךְ״ — פְּרָט לְשׁוֹמֶרֶת יָבָם. אוֹצִיא שׁוֹמֶרֶת יָבָם וְלֹא אוֹצִיא אֶת אֲרוּסָה, תַּלְמוּד לוֹמַר: ״אֲשֶׁר תִּשְׂטֶה אִשָּׁה תַּחַת אִישָׁהּ״ — פְּרָט לַאֲרוּסָה.
Rabbi Yonatan says: The phrase “while under your husband” excludes a widow awaiting her yavam from drinking the bitter water. Lest one would say that I will exclude a widow awaiting her yavam but I will not exclude a betrothed woman, the verse therefore states: “This is the law of jealousy, when a wife, while under her husband, goes astray, and is defiled” (Numbers 5:29). The term “while under her husband” excludes a betrothed woman from drinking the bitter water.
מָר אַלִּימָא לֵיהּ אֲרוּסָה, דְּקִידּוּשֵׁי דִּידֵיהּ, וְסוֹקְלִין עַל יָדוֹ.
The Gemara explains the dispute: One Sage, Rabbi Yonatan, holds that the bond with the betrothed woman is stronger, as it is his own betrothal, whereas in the case of a widow awaiting her yavam, the bond stems from his brother’s betrothal. And furthermore, if the betrothed woman commits adultery, she is stoned due to her bond with him, whereas a widow awaiting her yavam who engages in sexual intercourse with another man is liable only to receive lashes. Since the bond with the betrothed woman is stronger, Rabbi Yonatan derives from the phrase “while under your husband” that a widow awaiting her yavam is excluded with respect to the bitter water, whereas a betrothed woman is excluded only because of the phrase “and say unto them.”
וּמָר אַלִּימָא לֵיהּ שׁוֹמֶרֶת יָבָם, דְּלָא מְיחַסְּרָא מְסִירָה לְחוּפָּה.
And one Sage, Rabbi Yoshiya, holds that the bond with the widow awaiting her yavam is stronger, as she is not lacking entry into the wedding canopy, as her marriage to the yavam is completed through sexual intercourse alone. Rabbi Yoshiya therefore excludes only a betrothed woman from drinking the bitter water.
וְרַבִּי יוֹנָתָן, הַאי ״אִישׁ אִישׁ״ מַאי עָבֵיד לֵיהּ? מִיבְּעֵי לֵיהּ לְרַבּוֹת אֵשֶׁת חֵרֵשׁ, וְאֵשֶׁת שׁוֹטֶה, וְאֵשֶׁת
The Gemara asks: And Rabbi Yonatan, who excludes both a betrothed woman and a widow awaiting her yavam from drinking the bitter water, what does he do with this term “any man”? What does it serve to include? The Gemara answers: Rabbi Yonatan requires it in order to include the wife of a deaf-mute and the wife of an imbecile, and the wife of
שַׁעֲמוּם. וְרַבִּי יֹאשִׁיָּה, הַאי ״תַּחַת אִישָׁהּ״ מַאי עָבֵיד לֵיהּ? מִיבְּעֵי לֵיהּ לְהַקִּישׁ אִישׁ לְאִשָּׁה וְאִשָּׁה לְאִישׁ.
a mentally ill person [shiamum], whom the court warns on behalf of the husband. The Gemara asks: And according to Rabbi Yoshiya, what does he do with this term “while under her husband”? The Gemara answers: Rabbi Yoshiya requires it in order to compare a man to a woman and a woman to a man, as explained later (27a).
אֶלָּא, טַעְמָא דִּכְתִיבִי הָנֵי קְרָאֵי, הָא לָאו הָכִי, הֲוָה אָמֵינָא אֲרוּסָה שָׁתְיָא? וְהָא כִּי אֲתָא רַבִּי אַחָא בַּר חֲנִינָא מִדָּרוֹמָא, אֲתָא וְאַיְיתִי מַתְנִיתָא בִּידֵיהּ: ״מִבַּלְעֲדֵי אִישֵׁךְ״, מִשֶּׁקָּדְמָה שְׁכִיבַת בַּעַל לַבּוֹעֵל, וְלֹא שֶׁקָּדְמָה שְׁכִיבַת בּוֹעֵל לַבַּעַל.
The Gemara asks: But according to both opinions, the reason for the exclusion of a betrothed woman is that these verses are written; if it were not so, I would say that a betrothed woman drinks. But when Rabbi Aḥa bar Ḥanina came from the South, he came and brought the following baraita with him: The verse states: “But if you have gone astray while under your husband, and if you are defiled, and some man has lain with you besides your husband” (Numbers 5:20). This indicates that the halakhot of a sota apply only when sexual intercourse with the husband preceded sexual intercourse with the paramour, and not in a case when sexual intercourse with the paramour preceded intercourse with the husband. In the case of a betrothed woman who committed adultery, intercourse with the paramour preceded intercourse with the betrothed, and this verse excludes her from drinking the bitter water of the sota.
אָמַר רָמֵי בַּר חָמָא: מַשְׁכַּחַתְּ לַהּ — כְּגוֹן שֶׁבָּא עָלֶיהָ אָרוּס בְּבֵית אָבִיהָ.
Rami bar Ḥama said: You find the necessity for an additional exclusion in a case where her betrothed engaged in sexual intercourse with her in her father’s house, i.e., before they were married, and before the sexual intercourse with the paramour.
דִּכְווֹתַהּ גַּבֵּי שׁוֹמֶרֶת יָבָם — כְּגוֹן שֶׁבָּא עָלֶיהָ יָבָם בְּבֵית חָמִיהָ. הָא שׁוֹמֶרֶת יָבָם קָרֵית לַהּ? אִשְׁתּוֹ מְעַלַּיְיתָא הִיא, דְּהָאָמַר רַב: קָנָה לַכֹּל!
The Gemara questions this explanation: In the corresponding situation with regard to a widow awaiting her yavam, whom Rabbi Yonatan excludes from the sota ritual due to the exclusion from the phrase “while under your husband,” is the necessity for this exclusion due to a case where the yavam engaged in sexual intercourse with her in her father-in-law’s house before the levirate marriage took place? But do you call that woman a widow awaiting her yavam? She is his full-fledged wife, as didn’t Rav say: If a widow awaiting her yavam engaged in sexual intercourse with her yavam, even without the intention of implementing a levirate marriage, he has acquired her as his wife with respect to all aspects of marriage, including the halakhot of a sota.
כִּשְׁמוּאֵל, דְּאָמַר: לֹא קָנָה אֶלָּא לִדְבָרִים הָאֲמוּרִים בַּפָּרָשָׁה.
The Gemara answers: Rabbi Yonatan’s opinion is in accordance with the opinion of Shmuel, as Shmuel says: A yavam who engages in sexual intercourse with his yevama without intending to consummate the levirate marriage does not acquire her as his wife except with regard to those matters that are stated in the passage in the Torah that deals with levirate marriage, i.e., that he inherits his brother’s estate, and he can free the widow with a bill of divorce without ḥalitza (see Yevamot 56a). He is not considered fully married to the woman, and, according to Rabbi Yonatan, the halakhot of a sota do not apply to her.
אִי הָכִי, לֵימָא רַב דְּאָמַר כְּרַבִּי יֹאשִׁיָּה וּשְׁמוּאֵל דְּאָמַר כְּרַבִּי יוֹנָתָן? אָמַר לָךְ רַב: אֲנָא דַּאֲמַרִי — אֲפִילּוּ לְרַבִּי יוֹנָתָן. מִדְּאִיצְטְרִיךְ קְרָא לְמַעוֹטַהּ — מִכְּלַל דְּאִשְׁתּוֹ מְעַלַּיְיתָא הִיא.
The Gemara asks: If so, let us say that Rav stated his opinion in accordance with the opinion of Rabbi Yoshiya, and Shmuel stated his opinion in accordance with the opinion of Rabbi Yonatan. The Gemara rejects this interpretation: Rav could have said to you: I state my opinion even according to the opinion of Rabbi Yonatan. Since it was necessary for the verse to exclude a yevama who engaged in sexual intercourse with her yavam from the sota ritual, by inference one may derive that she is his full-fledged wife with regard to all other matters.
