ב"ה

Rambam - 1 Chapter a Day

Sotah - Chapter 4

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Sotah - Chapter 4

1On the fifteenth of Adar, the court attends to the needs of the community at large.1 At that time, they check which women should be compelled to drink, so that they can compel them to drink,2 and to which should be given a warning so that they are divorced without receiving the money due them by virtue of their ketubah.אבַּחֲמִשָּׁה עָשָׂר בַּאֲדָר נִפְנִין בֵּית דִּין לְצָרְכֵּי הָרַבִּים, וּבוֹדְקִין עַל הָרְאוּיָה לִשְׁתּוֹת לְהַשְׁקוֹתָהּ, וְעַל הָרְאוּיָה לְקַנֵּא לָהּ וּלְהוֹצִיאָהּ בְּלֹא כְּתֻבָּה.
A sotah can, however, be compelled to drink at any time of the year.3וּבְכָל זְמַן מַשְׁקִין אֶת הַסּוֹטוֹת.
2A sotah is compelled to drink the bitter water only during the daytime.4 The entire day is fit for this purpose.בוְאֵין מַשְׁקִין אֶת הַסּוֹטָה אֶלָא בַּיּוֹם. וְכָל הַיּוֹם כָּשֵׁר לַהַשְׁקָיַת סוֹטָה.
Two sotahs should not be compelled to drink, as implied by the verse:5 “And the priest shall have her stand.”וְאֵין מַשְׁקִין שְׁתֵּי סוֹטוֹת כְּאַחַת, שֶׁנֶּאֱמַר "וְהֶעֱמִד אוֹתָהּ" (ראה במדבר ה, טז).
3When a sotah says, “I will not drink the bitter water,” because she is overcome by fear, she has the option of retracting and saying that she will drink the waters.גסוֹטָה שֶׁאָמְרָה 'אֵינִי שׁוֹתָה' מֵחֲמַת יִרְאָה וּפַחַד - יֵשׁ לָהּ לַחֲזֹר וְלוֹמַר 'הֲרֵינִי שׁוֹתָה'.
If, however, she says that she will not drink when she is healthy and not affected by fear, she may not change her mind and say that she will drink the bitter water.6אֲבָל אִם אָמְרָה 'אֵינִי שׁוֹתָה', וְהִיא בְּרִיאָה וְאֵינָהּ יְרֵאָה וְלֹא פוֹחֶדֶת - אֵינָהּ יְכוֹלָה לַחֲזֹר וְלוֹמַר 'הִנְנִי שׁוֹתָה'.
4If she says, “I will not drink,” before the scroll with God’s name written for her is blotted out, the scroll is entombed. It is not fit to be used for another sotah.7 Her meal offering is scattered on the ash heap.8דאָמְרָה 'אֵינִי שׁוֹתָה', קֹדֶם שֶׁתִּמָּחֵק הַמְּגִלָּה - הֲרֵי מְגִלָּתָהּ נִגְנֶזֶת, וְאֵינָהּ כְּשֵׁרָה לְהַשְׁקוֹת בָּהּ סוֹטָה אַחֶרֶת. וּמִנְחָתָהּ מִתְפַּזֶּרֶת עַל הַדֶּשֶׁן.
If she says, “I will not drink the water,” after the scroll has been blotted out, we take hold of her and force her to drink the water.וְאִם אָמְרָה 'אֵינִי שׁוֹתָה', אַחַר שֶׁנִּמְחֲקָה הַמְּגִלָּה - מְעַרְעֲרִין אוֹתָהּ, וּמַשְׁקִין אוֹתָהּ בְּעַל כָּרְחָהּ.
5We intimidate her so that she will drink, and we tell her: “My daughter. If you are certain that you are innocent, stand firm. Drink the water without fear. For the water can be compared to the powder of a drug placed on the skin. If there is a wound, it will penetrate and descend. If there is no wound, it will have no effect.”הוּמְאַיְּמִין עָלֶיהָ שֶׁתִּשְׁתֶּה, וְאוֹמְרִין לָהּ: 'בִּתִּי, אִם בָּרוּר לָךְ הַדָּבָר שֶׁטְּהוֹרָה אַתְּ, עִמְדִי עַל בָּרְיֵךְ וּשְׁתִי, וְאַל תִּפְחֲדִי, לְפִי שֶׁאֵין הַמַּיִם דּוֹמִין אֶלָא לְסַם יָבֵשׁ מֻנָּח עַל בָּשָׂר חַי: יֵשׁ שָׁם מַכָּה, מְחַלְחֵל וְיוֹרֵד; אֵין שָׁם מַכָּה, אֵינוֹ עוֹשֶׂה כְּלוּם'.
6If she says, “I committed adultery,” although the scroll has been blotted out, the waters should be poured out,9 for they are not of a sacred nature,10 and her meal offering is scattered on the ash heap.ואָמְרָה 'טְמֵאָה אֲנִי' - אַף עַל פִּי שֶׁנִּמְחֲקָה הַמְּגִלָּה - הַמַּיִם נִשְׁפָּכִין, מִפְּנֵי שֶׁאֵין בָּהֶן קְדֻשָּׁה, וּמִנְחָתָהּ מִתְפַּזֶּרֶת עַל הַדֶּשֶׁן.
7When the scroll for a sotah is written at night, it is unacceptable, as implied by Numbers 5:22-25, which states: “The priest shall write,... he shall give to drink,... and he shall offer,” establishing an equivalence between these different activities. Just as the sacrifice must be offered during the daytime,11 so too the writing of the scroll and making the woman drink must be performed during the day.12 If the scroll is written in non-sequential order, it is not acceptable, as implied by Numbers 5:23, which states: “The priest shall write these curses” - i.e., in sequence. If he wrote the scroll before she accepted the oath, it is unacceptable, as implied by ibid.:21-23, which state: “And he will administer the oath... and he will write.”13זמְגִלַּת סוֹטָה שֶׁכְּתָבָהּ בַּלַּיְלָה, פְּסוּלָה - שֶׁנֶּאֱמַר "וְכָתַב . . ." (במדבר ה, כג), "וְהִשְׁקָה . . ." (במדבר ה, כד; במדבר ה, כז), "וְהִקְרִיב" (במדבר ה, כה) - כְּשֵׁם שֶׁקָּרְבָּנָהּ בַּיּוֹם, כָּךְ כְּתִיבַת הַמְּגִלָּה וְהַשְׁקָיָתָהּ בַּיּוֹם. כְּתָבָהּ לְמַפְרֵעַ, פְּסוּלָה - שֶׁנֶּאֱמַר "הָאֵלֶּה" (במדבר ה, כג), עַל הַסֵּדֶר. כְּתָבָהּ קֹדֶם שֶׁתְּקַבֵּל עָלֶיהָ הַשְּׁבוּעָה, פְּסוּלָה - שֶׁנֶּאֱמַר "וְהִשְׁבִּיעַ" (במדבר ה, כא), "וְכָתַב" (במדבר ה, כג).
8If he wrote it as a letter,14 it is unacceptable, for the verse states “on a scroll.” If he writes it on two sheets of parchment, it is unacceptable, for the verse states “on a scroll” - i.e., one and not two or three. It may not be written on paper or on untreated parchment,15 but rather on a parchment scroll, as implied by the use of the term: “on a scroll.” If it is written on paper or on untreated parchment, it is unacceptable.חכְּתָבָהּ אִגֶּרֶת, פְּסוּלָה - שֶׁנֶּאֱמַר "בַּסֵּפֶר" (במדבר ה, כג). כְּתָבָהּ עַל שְׁנֵי דַּפִּין, פְּסוּלָה, שֶׁנֶּאֱמַר "בַּסֵּפֶר" - סֵפֶר אֶחָד, וְלֹא שְׁנַיִם וּשְׁלוֹשָׁה. וְאֵינוֹ כּוֹתֵב לֹא עַל הַנְּיָר וְלֹא עַל הַדַּפְתְּרָא, אֶלָא בִּמְגִלַּת סֵפֶר, שֶׁנֶּאֱמַר "בַּסֵּפֶר". וְאִם כְּתָבָהּ עַל נְיָר אוֹ דַּפְתְּרָא, פְּסוּלָה.
9If the scroll is written by an Israelite,16 or a priest who is a minor, it is unacceptable, for Numbers 5:23 states: “And the priest shall write....”טוְאִם כְּתָבָהּ יִשְׂרָאֵל אוֹ כּוֹהֵן קָטָן – פְּסוּלָה, שֶׁנֶאֶמַר "וְכָתַב הַכֹּהֵן" (במדבר ה, כג)ּ.
He should not write it with kumos, kankantum,17 or with any other substance that leaves a permanent mark. Instead, he should use ink18 without kankantum, for the verse states: “And he will write and he will blot out.” Implied is that one must write with a substance that can be blotted out. If one writes with a substance that leaves a permanent impression, it is unacceptable.אֵינוֹ כּוֹתְבָהּ לֹא בְּקָמוֹס, וְלֹא בְּקַנְקַנְתּוֹם, וְלֹא בְּכָל דָּבָר שֶׁרִשּׁוּמוֹ נִכָּר וְעוֹמֵד - אֶלָא בִּדְיוֹ שֶׁאֵין בּוֹ קַנְקַנְתּוֹם, שֶׁנֶּאֱמַר "וְכָתַב . . . וּמָחָה" (במדבר ה, כג) - כְּתָב שֶׁהוּא יָכוֹל לְהִמָּחוֹת. וְאִם כָּתַב בְּדָבָר הַמִּתְקַיֵּם, פְּסוּלָה.
10If when the writing of the scroll is being blotted out any trace of the writing remains, it is unacceptable until it is thoroughly blotted out.ינִשְׁאָר בַּמְּגִלָּה רֹשֶׁם כְּתָב נִכָּר, פְּסוּלָה - עַד שֶׁיִּמְחֹק יָפֶה יָפֶה.
If the priest writes one letter and then blots it out, and then writes another letter and blots it out, completing the writing of the entire scroll in this manner, it is unacceptable. It must be written out completely at one time to be acceptable.כָּתַב אוֹת אַחַת וּמְחָקָהּ, וְחָזַר וְכָתַב אוֹת שְׁנִיָּה וּמְחָקָהּ, עַד שֶׁהִשְׁלִים - פְּסוּלָה, עַד שֶׁתִּהְיֶה כֻּלָּהּ כְּתוּבָה.
11If the scroll was not written for the sake of the woman, or it was not blotted out for the sake of the woman, it is unacceptable.יאכְּתָבָהּ שֶׁלֹּא לִשְׁמָהּ, אוֹ שֶׁמְּחָקָהּ שֶׁלֹּא לִשְׁמָהּ - פְּסוּלָה.
If a priest wrote two scrolls, one for each of two sotahs and blotted them out into the same cup or blotted them out into two cups, but afterwards mixed them together in one cup and gave the two women to drink from it, it is unacceptable. Neither of the women drank only the water in which her scroll was blotted out.כָּתַב שְׁתֵּי מְגִלּוֹת לִשְׁתֵּי סוֹטוֹת וּמְחָקָן לְתוֹךְ כּוֹס אֶחָד, אוֹ לְתוֹךְ שְׁנֵי כּוֹסוֹת וְעֵרְבָן בְּכוֹס אֶחָד, וְהִשְׁקָה לִשְׁתֵּיהֶן - פְּסוּלָה, שֶׁכָּל אַחַת מֵהֶן לֹא שָׁתָת מְגִלָּתָהּ.
If two scrolls were blotted out in two different cups, mixed together and then separated again into two different cups, the women should not be given the water to drink. If, however, they were forced to drink this water, it is acceptable.19מְחָקָן לִשְׁנֵי כּוֹסוֹת, וְעֵרְבָן, וְחָזַר וְחִלְּקָן בִּשְׁנֵי הַכּוֹסוֹת - לֹא יַשְׁקֶה אוֹתָן; וְאִם הִשְׁקָה, כָּשֵׁר.
If the water prepared for a sotah20 is spilled, the priest should write another scroll and bring other water.21 If the water spills, but some remains, the woman should not be forced to drink it.22 If she drinks the remianing water, it is acceptable.23נִשְׁפְּכוּ הַמַּיִם - הֲרֵי זֶה כּוֹתֵב מְגִלָּה אַחֶרֶת, וּמֵבִיא מַיִם אֲחֵרִים. נִשְׁפְּכוּ, וְנִשְׁתַּיֵּר מֵהֶן - לֹא יַשְׁקֶה אֶת הַשְּׁאָר; וְאִם הִשְׁקָה, כָּשֵׁר.
12If the water for a sotah is kept overnight, it becomes unacceptable.24 If one placed the dust25 in the cup before the water, it is unacceptable. If there is no dust in the Sanctuary, one should bring dust from outside the Sanctuary, leave it in the Sanctuary and then take some of it and place it on the water. He should not use ash;26 he may, however, use rotten produce,27 for it is considered to be dust.יבמֵי סוֹטָה שֶׁלָּנוּ, נִפְסָלִין בַּלִּינָה. הִקְדִּים עָפָר לַמַּיִם, פָּסַל. לֹא הָיָה שָׁם עָפָר בַּהֵיכָל - מֵבִיא עָפָר מִבַּחוּץ, וּמַנִּיחוֹ בַּהֵיכָל, וְלוֹקֵחַ מִמֶּנּוּ, וְנוֹתֵן עַל פְּנֵי הַמַּיִם. וְאֵינוֹ מֵבִיא אֵפֶר, אֲבָל מֵבִיא רַקְבּוּבִית שֶׁהִיא כֶּעָפָר.
13The priest should not dig with a hatchet under the floor of the Sanctuary to remove dust, as implied by Numbers 5:17: “the dust that is on the earth of the Sanctuary.”28 If one did dig and remove dust, it is acceptable.יגוְלֹא יַחְפֹּר בְּקַרְדֹּם בַּהֵיכָל וְיוֹצִיא עָפָר, שֶׁנֶּאֱמַר "אֲשֶׁר יִהְיֶה בְּקַרְקַע הַמִּשְׁכָּן" (במדבר ה, יז); וְאִם חָפַר וְהוֹצִיא עָפָר, כָּשֵׁר.
14If the priest first brought her meal offering and then had her drink the water, it is acceptable.29 If her meal offering became impure before it was placed in a sacred vessel, it should be redeemed like any other meal offering that became impure before being consecrated in a sacred vessel,30 and she should bring another meal offering.31 If the meal offering became impure after being consecrated in a sacred vessel, it should be burned.32ידהִקְרִיב אֶת מִנְחָתָהּ וְאַחַר כָּךְ הִשְׁקָהּ - כְּשֵׁרָה. נִטְמֵאת מִנְחָתָהּ קֹדֶם שֶׁיַּנִּיחֶנָּה בִּכְלִי שָׁרֵת, הֲרֵי זוֹ תִּפָּדֶה כְּכָל הַמְּנָחוֹת שֶׁיִּטַּמְּאוּ קֹדֶם שֶׁיִּתְקַדְּשׁוּ בִּכְלִי שָׁרֵת, וְיָבִיא מִנְחָה אַחֶרֶת. נִטְמֵאת הַמִּנְחָה אַחַר שֶׁקִּדְּשָׁהּ בִּכְלִי שָׁרֵת, הֲרֵי זוֹ תִּשָּׂרֵף.
Similarly, if a woman admitted to committing adultery before the fistful of meal was taken from the meal offering,33 she refused to drink the water,34 her husband was unwilling to have her drink the water, witnesses came and testified that she committed adultery,35 her husband died, or she died,36 the entire meal offering should be burned. If any of these things happened after the fistful of meal was offered, the remainder of the meal offering should not be eaten.37וְכֵן אִם אָמְרָה 'טְמֵאָה אֲנִי' קֹדֶם שֶׁתִּקָּמֵץ הַמִּנְחָה, אוֹ שֶׁאָמְרָה 'אֵינִי שׁוֹתָה', אוֹ שֶׁלֹּא רָצָה בַּעְלָהּ לְהַשְׁקוֹתָהּ, אוֹ שֶׁבָּאוּ עֵדֵי טֻמֵאָה, אוֹ שֶׁמֵּת הוּא, אוֹ שֶׁמֵּתָה הִיא - הֲרֵי הַמִּנְחָה כֻּלָּהּ נִשְׂרֶפֶת. וְאִם אֵרַע אֶחָד מֵאֵלּוּ אַחַר שֶׁקָּרַב הַקֹּמֶץ, אֵין הַשִׁירַיִם נֶאֱכָלִין.
15If the sotah’s husband was a priest, the remainder of her meal offering should not be eaten, because he has a portion in it.38 It should not, however, be burned on the altar in its entirety, as are other meal offerings brought by male priests, because the woman also has a portion in it.39 Therefore, the fistful of meal is offered as a distinct entity, and the remainder is scattered on the ash heap. If the witnesses are discovered to have lied,40 the meal offering is considered to be a non-sacred entity.41טוהָיָה בַּעְלָהּ כּוֹהֵן - אֵין שְׁיָרֵי מִנְחָתָהּ נֶאֱכָלִין, מִפְּנֵי שֶׁיֵּשׁ לַבַּעַל חֵלֶק בָּהּ; וְאֵינָהּ עוֹלָה כֻּלָּהּ לָאִשִּׁים כְּמִנְחַת זִכְרֵי כְּהֻנָּה, מִפְּנֵי שֶׁיֵּשׁ לָהּ חֵלֶק בָּהּ; אֶלָא הַקֹּמֶץ קָרֵב לְעַצְמוֹ, וְשִׁירַיִם מִתְפַּזְּרִין עַל בֵּית הַדֶּשֶׁן. נִמְצְאוּ עֵדֶיהָ זוֹמְמִין, מִנְחָתָהּ תֵּצֵא לְחֻלִּין.
16If a man warns his wife against entering into privacy with several men, and she entered into privacy with each of the men in question, she is required to bring one meal offering that includes them all when her husband requires her to drink the bitter water. This is implied by Numbers 5:15, which uses a plural term when referring to “the meal offering brought because of the warnings” - i.e., one offering can requite several warnings.42טזהַמְּקַנֵּא לְאִשְׁתּוֹ עַל יְדֵי אֲנָשִׁים הַרְבֵּה, וְנִסְתְּרָה עִם כָּל אֶחָד וְאֶחָד מֵהֶן - הֲרֵי זֶה מֵבִיא מִנְחָה אַחַת עַל יְדֵי כֻּלָּן כְּשֶׁמַּשְׁקֶה אוֹתָהּ, שֶׁנֶּאֱמַר "מִנְחַת קְנָאֹת" (במדבר ה, טו; במדבר ה, יח) - מִנְחָה אַחַת לְקִנּוּיִין הַרְבֵּה.
17Based on the principle of gilgul sh’vuah,43 the husband may have the woman include in her oath that she did not commit adultery with the man concerning whom she was given a warning or with any other man, that she did not commit adultery during the time between her consecration and the consummation of the marriage, nor after the consummation.יזיֵשׁ לַבַּעַל לְגַלְגֵּל עָלֶיהָ בִּשְׁבוּעָה שֶׁלֹּא זִנְּתָה עִם אִישׁ זֶה שֶׁקִּנֵּא לָהּ בּוֹ וְלֹא עִם אִישׁ אַחֵר, וְשֶׁלֹּא זִנְּתָה תַּחְתָּיו מִשֶּׁנִּתְאָרְסָה קֹדֶם שֶׁתִּנָּשֵׂא וְלֹא אַחַר שֶׁנִּשֵּׂאת.
He may not, however, have her include that she did not engage in relations with another man before she was consecrated or between the time she was divorced and remarried, if she was in fact divorced and remarried. The rationale is that even if she engaged in relations with other men at that time, she would not be forbidden to her husband. And whenever she is not forbidden to him, he cannot make any stipulations regarding her conduct.אֲבָל אֵינוֹ מְגַלְגֵּל עָלֶיהָ שֶׁלֹּא זִנְּתָה קֹדֶם הָאֵרוּסִין, וְלֹא אַחַר שֶׁגֵּרְשָׁהּ, אִם גֵּרְשָׁהּ וְהֶחֱזִירָהּ - שֶׁאִם זִנְּתָה בְּעֵת זֶה לֹא תֵאָסֶר עָלָיו, וְכָל שֶׁתִּבָּעֵל וְלֹא תִהְיֶה אֲסוּרָה לוֹ, אֵינוֹ מַתְנֶה עִמָּהּ.
For this reason, if a man married his yevamah, he cannot compel her to include in her oath that she did not engage in relations with others while she was waiting for him to perform yibbum.44לְפִיכָךְ אִם כָּנַס יְבִמְתּוֹ, אֵינוֹ מְגַלְגֵּל עָלֶיהָ שֶׁלֹּא זִנְּתָה כְּשֶׁהָיְתָה שׁוֹמֶרֶת יָבָם.
He may, however, compel her to include in her oath that she did not commit adultery when married to his brother. For if she committed adultery when married to his brother, she is forbidden to him.אֲבָל מְגַלְגֵּל עָלֶיהָ שֶׁלֹּא זִנְּתָה תַּחַת אָחִיו; שֶׁאִם זִנְּתָה תַּחַת אָחִיו, הֲרֵי זוֹ אֲסוּרָה עָלָיו.
Similarly, if the husband divorced his wife and remarried her, he may compel her to include in her oath that she did not commit adultery when married to him originally.וְכֵן אִם גֵּרְשָׁהּ וְהֶחֱזִירָהּ, מְגַלְגֵּל עָלֶיהָ שֶׁלֹּא זִנְּתָה תַּחְתָּיו בַּנִשּׂוּאִין הָרִאשׁוֹנִים.
Similarly, he may have her include in her oath that she will not commit adultery in the future or that she will not commit adultery if he divorces her and remarries her. In such an instance, if she commits adultery in the future, the waters will check her fidelity, and if she is guilty, the physical phenomena described above will be visited upon her.וְיֵשׁ לוֹ לְגַלְגֵּל עָלֶיהָ בִּלְהַבָּא, שֶׁלֹּא תִזְנֶה תַּחְתָּיו, וְשֶׁלֹּא תִזְנֶה אַחַר שֶׁיַּחְזִירָהּ אִם יְגָרֵשׁ וְיַחְזִיר. לְפִיכָךְ כְּשֶׁתִּזְנֶה לְהַבָּא - מַיִם בּוֹדְקִין אוֹתָהּ, וְיֵארְעוּ לָהּ אוֹתָן הַמְּאֹרָעוֹת.
All the above is implied by the woman’s response to the oath, Numbers 5:22: “Amen, Amen.” This can be interpreted as meaning Amen with regard to this man; Amen with regard to others. Amen with regard to the time when I was married; Amen with regard to the time when I was consecrated. Amen with regard to the past; Amen with regard to the future.לְכָּךְ נֶאֱמַר "אָמֵן אָמֵן" (במדבר ה, כב) - "אָמֵן" מֵאִישׁ זֶה "אָמֵן" מֵאִישׁ אַחֵר; "אָמֵן" נְשׂוּאָה "אָמֵן" אֲרוּסָה; "אָמֵן" לְשֶׁעָבַר "אָמֵן" לְהַבָּא.
18It is a mitzvah for Israelites to issue warnings to their wives,45 as implied by Numbers 5:14 “And he shall warn his wife.” Our Sages said that whoever issues a warning to his wife has become possessed by a spirit of purity.יחמִצְוַת חֲכָמִים עַל בְּנֵי יִשְׂרָאֵל לְקַנֹּאת לִנְשֵׁיהֶן, שֶׁנֶּאֱמַר "וְקִנֵּא אֶת אִשְׁתּוֹ" (במדבר ה, יד; במדבר ה, ל). וְכָל הַמְּקַנֵּא לְאִשְׁתּוֹ, נִכְנְסָה בּוֹ רוּחַ טָהֳרָה.
A warning should not be issued in a spirit of levity, nor in the midst of conversation, nor with frivolity, nor in the midst of an argument, nor with the purpose of instilling fear.וְלֹא יְקַנֵּא לָהּ לֹא מִתּוֹךְ שְׂחוֹק, וְלֹא מִתּוֹךְ שִׂיחָה, וְלֹא מִתּוֹךְ קַלּוּת רֹאשׁ, וְלֹא מִתּוֹךְ מְרִיבָה, וְלֹא לְהַטִּיל עָלֶיהָ אֵימָה.
If, however, a man transgressed and issued a warning to his wife under such circumstances, the warning is binding.וְאִם עָבַר וְקִנֵּא לָהּ בִּפְנֵי עֵדִים מִתּוֹךְ אֶחָד מִכָּל הַדְּבָרִים הָאֵלּוּ, הֲרֵי זֶה קִנּוּי.
19It is not proper for a man to rush and at the outset issue a warning in the presence of witnesses.46 Instead, he should first speak to his wife privately and gently, in a spirit of purity and caution, in order to guide her to the proper path and remove obstacles.יטאֵין רָאוּי לִקְפֹּץ וּלְקַנֹּאת בִּפְנֵי עֵדִים תְּחִלָּה, אֶלָא בֵּינוֹ לְבֵינָהּ בְּנַחַת וּבְדֶרֶךְ טָהֳרָה וְהַזְהָרָה, כְּדֵי לְהַדְרִיכָהּ בְּדֶרֶךְ יְשָׁרָה וּלְהָסִיר הַמִּכְשׁוֹל.
Whenever a person is not careful regarding the conduct of his wife, his sons and the members of his household, warning them,47 and scrutinizing their ways at all times so that he knows that they are perfect without sin or transgression, he is himself a sinner, as implied by Job 5:24: “And you shall know that your tent is at peace and scrutinize your dwelling, and you shall not sin.”48וְכָל שֶׁאֵינוֹ מַקְפִּיד עַל אִשְׁתּוֹ וּבָנָיו וּבְנֵי בֵּיתוֹ וּמַזְהִירָן וּפוֹקֵד דַּרְכֵיהֶן תָּמִיד, עַד שֶׁיֵּדַע שֶׁהֵן שְׁלֵמִין מִכָּל חֵטְא וְעָווֹן - הֲרֵי זֶה חוֹטֵא, שֶׁנֶּאֱמַר "וְיָדַעְתָּ כִּי שָׁלוֹם אָהֳלֶךָ וּפָקַדְתָּ נָוְךָ וְלֹא תֶחֱטָא" (איוב ה, כד).
Blessed be the Merciful One Who provides assistance. This concludes the fourth book with God’s help.סְלִקוּ לְהוּ הִלְכוֹת סוֹטָה, וְנִגְמַר סֵפֶר נָשִׁים בְסִיַעְתָּא דִשְׁמַיָּא.
It contains 53 chapters. Hilchot Ishut contains 25 chapters. Hilchot Gerushin contains 13 chapters. Hilchot Yibbum Va’Chalitzah contains 8 chapters. Hilchot Na’arah Betulah contains 3 chapters. Hilchot Sotah contains 4 chapters.וּמִנְיַן פְּרָקָיו שְׁלוֹשָׁה וַחֲמִשִּׁים: הִלְכוֹת אִישׁוּת, חֲמִשָּׁה וְעֶשְׂרִים פְּרָקִים; הִלְכוֹת גֵּרוּשִׁין, שְׁלוֹשָׁה עָשָׂר פְּרָקִים; הִלְכוֹת יִבּוּם וַחֲלִיצָה, שְׁמוֹנָה פְּרָקִים; הִלְכוֹת נַעֲרָה בְּתוּלָה, שְׁלוֹשָׁה פְּרָקִים; הִלְכוֹת סוֹטָה, אַרְבָּעָה פְּרָקִים.
Footnotes
1.

See Hilchot Arachin 8:1, Hilchot Kilayim 2:15, and Hilchot Rotzeach 8:6, where referenceis made to various services performed by the court at that time.

2.

The commentaries note that the court cannot actually compel a woman to drink the bitterwater. All it can do is issue a warning so that she will become forbidden to her husband, asstated in Chapter 1, Halachot 10:11.

3.

I.e., although the court pays attention to this matter in Adar, it is possible for a sotah tobe compelled to drink at any time of the year. See Hilchot Sh’vitat Yom Tov 7:11, whichstates that it was customary to have a sotah drink the bitter water during Chol HaMo’edwhen there will be many people visiting the Temple.

4.

See Halachah 7.

5.

The commentaries note that there is no verse in the Torah that uses the wording cited bythe Rambam. There are, however, several from which it could be implied that only one sotah should be compelled to drink at one time.

6.

Her original refusal to drink the waters is interpreted as an admission of guilt thatcannot be retracted.

7.

For every scroll must be written for the sake of the woman who drinks its waters, asstated in Chapter 3, Halachah 8. See also Halachah 11 of this chapter.

8.

The ‘‘ash heap’’ was a place in the Temple Courtyard, east of the altar, where sacrifices that became disqualified were burned. Rashi (Sotah 20a) states that this offering also had to be burned.

9.

She is not compelled to drink them. At the outset, their purpose was to determine whetheror not she was innocent. Through her admission, that determination was made (Rashi,Sotah 20a).

10.

. Although God’s name was blotted out in it, this does not endow it with holiness.

11.

As must all sacrifices.

12.

Significantly, in his Commentary to the Mishnah (Sotah 2:4), the Rambam quotes adifferent proof-text as the source for this concept.

13.

I.e., in that order.

14.

The Kessef Mishneh quotes Rashi (Sotah 17b) as stating that this means without having the lines of the scroll ruled (sirtut) before it is written.

15.

For a more detailed definition of the term the Rambam uses, see Hilchot Tefillin 1:6.

16.

I.e., a person other than a priest.

17.

In his Commentary to the Mishnah, Gittin 2:3, the Rambam mentions Arabic terms for these words. Rav Kapach explains the meaning as follows: Kumos and kankantum are two similar substances, yellow and green powders, which when mixed with gallnut juice produce a black substance. Others translate kumos as gum or resin and kankantum as vitriol or atramentum sutorum.

18.

See Hilchot Tefillin 1:4, which describes how ink was made.

19.

Sotah 18a states that the decision in this instance resolves around the question of bererah — i.e., the idea that retroactively it can be considered that an activity was performedoriginally with an intent that becomes clarified only afterwards.
There is an unresolved debate among the Sages if the principle of bererah is accepted withregard to questions of Scriptural Law, and therefore, the more stringent approach is taken. In this instance, this implies that God’s name should not be blotted out a second time.
Note the Minchat Chinuch, who asks how this questionable drinking of the water isconsidered sufficient to release a woman from the prohibition she incurred after violatingher husband’s warning and entering into privacy with the man in question. Note also that Halachah 2 states that two sotot should not be forced to drink at the same time.

20.

This is not a continuation of the previous subject, but with an instance in which water was prepared for one sotah.

21.

We do not say that God’s name should not be blotted out a second time because of onewoman.

22.

For at the outset, the woman must drink all the water in which her scroll was blotted out.

23.

Sotah (ibid.) also leaves this as an unresolved question. Since there is no binding decisionthat it is acceptable, the Rambam rules as above, that one may not blot out God’s name insuch a situation.

24.

Since it came from the basin— and was measured in a sacred vessel— it must be usedon the day on which it was taken. See Hilchot Pesulei HaMukdashin, ch. 3.

25.

Mentioned in Chapter 3, Halachah 10.

26.

Although in some halachic contexts (see Hilchot Shechitah 14:13) ash is considered tobe dust, in this instance, the phrase ‘‘from the dust that is on the earth of the Tabernacle’’implies a similarity between dust and earth (Sotah 16a).

27.

Our translation follows Sotah 16b. The Meiri states that this refers to rotten wood.

28.

I.e., that it existed there previously (Sotah 15b).

29.

Although this deviates from the order stated in Chapter 3, Halachah 15, Sotah 19astates that this order is also acceptable, after the fact.

30.

See Hilchot Issurei Mizbe’ach 6:5. In such an instance, although the meal has beendesignated for use as a sacrifice, since it has not been placed in a sacred vessel, its actualsubstance has not become consecrated.

31.

With the money received from redeeming the first one.

32.

Since it was placed in a sacred vessel, it became consecrated. Consequently, once itbecame impure it must be burned, as stated in Hilchot Pesulei Hamukdashim 19:1.

33.

The meal offering must be burned, because the offering of a sotah is acceptable only when it is being used to test the fidelity of a woman. Once she has admitted her guilt, that is unnecessary.

34.

See Halachah 4.

35.

In this instance as well, the question of the woman’s fidelity has been clarified.

36.

As stated above, the purpose of the offering is to test the woman’s fidelity and thusallow her to resume relations with her husband. If that objective is no longer relevant, as inthe latter two instances mentioned in the halachah, the offering is not brought.

37.

Many authorities maintain that a printer’s error has crept into the text and the textshould read ‘‘the remainder is eaten.’’ Nevertheless, the majority favor the version statedabove.

38.

As stated in Leviticus 6:15, a meal offering brought by a priest should not be eaten, butinstead burned on the altar.

39.

The meal offerings brought by priests are offered on the altar entirely, without a fistful of meal being separated. For a meal offering brought by a non-priest to be acceptable, by contrast, the fistful of meal must be separated and burned as a distinct entity. See Hilchot Ma’aseh HaKorbanot 12:12.

40.

The term used by the Rambam (and his source, Sotah 6b) refers to hazamah, when thetestimony of the witnesses is disqualified because others testify that they and the witnesseswere together in another place at the time the witnesses say the act took place. Seemingly, the same law would apply if the witnesses’ testimony was disqualified on other grounds.

41.

It need not be redeemed. The rationale is that it was consecrated based on a falsepremise— that the woman had entered into privacy with the man in question. Wheneveran entity is consecrated on a false premise, the consecration is not binding.

42.

The commentaries have questioned why the Rambam quotes the derivation of thisconcept from the Midrash (Sifre Zuta), instead of citing the Talmud (Keritot 9b), whichcites a different proof-text.

43.

Gilgul Sh’vuah implies that when taking an oath on one claim, a person may be required to include a variety of related claims in that oath. See Hilchot To’en V’Nit’an 1:12.

44.

For even if she did engage in relations with another man at that time, she would not beforbidden to her yavam (Hilchot Yibbum 2:20).

45.

Sotah 3a records a difference of opinion regarding this matter between Rabbi Akiva and Rabbi Yishmael. Rabbi Akiva states, as the Rambam rules here, that a man is obligated toissue a warning, while Rabbi Yishmael maintains that the matter is optional. Other commentaries note that the first mishnah in the tractate of Sotah appears to indicate thatit is forbidden for a husband to issue a warning. (This concept is derived as follows: The mishnah begins: ‘‘When a man issued a warning....’’ From this wording, our Sages infer thatthe mishnah is speaking after the fact. At the outset, a warning should not be given.)
Significantly, Rabbi Akiva was noted for his love of his fellow man, as he stated: ‘‘‘Loveyour fellow man as yourself,’... this is a great general principle within the Torah.’’ Thisimplies — and so is evident from the continuation of the Rambam’s words — that thewarning is not an instrument of strife, but rather is intended to prompt love and closeness.

46.

For this is likely to cause shame and embarrassment and prevent healthy communic-ation between husband and wife. If, however, a warning that was delivered gently and inprivate is not effective, then the husband should warn his wife in the presence of witnesses.

47.

I.e., giving them gentle warnings, as mentioned in the first clause of this halachah.

48.

One may infer that failing to invest oneself in such scrutiny is sinful.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.