To drink or not to drink that is the question TB Sotah 24

Chapter 4’s first Mishnah, which begins on at the very bottom of daf TB Sotah 23b and continues on daf TB Sotah 24, enumerates which husbands cannot demand that their wives go through with the bitter water test to determine whether or not she is guilty of adultery. In order for the husband to accuse his wife of adultery and drink the bitter waters they must have a valid marriage. Only in a valid marriage does the woman go through the stages of warning (קנוי), seclusion with a man suspected (סתירה) and create the prohibition in the husband and wife the intimate with each other (איסור), and drink the bitter waters of a sotah (מי סוטה). The Gemara also adds one more condition. The sequence of events matters. “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.” (Sefaia.org translation) The only question that remains is whether the woman is entitled to her ketubah.

 Here is the breakdown of the Mishna:

The first group of women are women who are not married; nevertheless, they have a strong pre-marriage bond that is the last step before marriage. They don’t drink the bitter waters nor do they collect their ketubah. “With regard to a betrothed woman who secluded herself with another man after being warned by her betrothed, and a widow waiting for her brother-in-law [yavam] to perform levirate marriage who secluded herself with another man after being warned by her yavam, they neither drink the bitter water nor collect payment of their marriage contracts.” (Sefaria.org translation)

The second group of women are women who have entered forbidden marriages, “a widow who was married to a High Priest, or a divorcée or ḥalutza who was married to a common priest, or a mamzeret 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.” (Sefaria.org translation) They neither drink the bitter waters nor collect their Ketubah.

The third group of women are women were married who admit their guilt, or witnesses testify that she is guilty, or she refuses to drink the bitter waters which is tantamount to admitting guilt. These women don’t drink the bitter waters nor do they collect their ketubah.

The fourth group of women are those whose husband changes his mind and doesn’t want her to drink the bitter waters, or a husband who has intimate relations with his wife on the way to Temple in Jerusalem for the bitter waters test. These women don’t drink; however, they are entitled to their ketubah.

The fifth group of women are women whose husbands died before they could administer the bitter waters to their wives. Beit Shammai holds that they don’t drink the bitter waters and are eligible to collect their ketubah. Beit Hillel holds that these women either have to drink the bitter waters and if they refuse, they do not collect their ketubah.

The sixth group are women 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 the opinion of Rabbi Meir. 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.” (Sefaria.org translation) The sages hold since they can separate and marry after the correct allotted time, she can drink the bitter waters.

The seventh group of women are women who longer are not physically able to give birth or never physically able to give birth. Rabbi Meir holds that they do not drink and do not collect their ketubah. Rabbi Elazar holds that since the husband may take on a second wife and fulfill the mitzvah of “being fruitful and multiply,” she can drink the bitter waters.

The final group of women are women whose husbands are unable to go through the stages of warning, seclusion, and drinking the bitter waters. “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.” (Sefaria.org translation)