I don’t think that the rabbis ever really wanted to employ the sotah’s bitter waters test to determine whether the wife was innocent or guilty of committing adultery. (Perhaps down deep in their heart, they were skeptical of the efficacy of this miraculous test.) They kept on adding conditions which but prevent this test from happening. We learned on the previous daf TB Sotah 27a when either the husband or wife were mute, lame, or an amputee, she would not drink the bitter waters.
Today’s daf Sotah
28 adds one more important condition. For the bitter waters to work, both the
wife and husband have to be free of sin. “(We learn in a baraita -gg) “And
the man shall be clear from iniquity, and that woman shall bear her iniquity”
(Numbers 5:31), indicates that only when the man is clear of iniquity does
the water evaluate the fidelity of his wife, but if the man is
not clear of iniquity the water does not evaluate the fidelity of his
wife” (Sefaria.org translation)
There is a
disagreement what this sin is. Once the wife is warned and then secluded, she
is a sotah and is forbidden to have
relations with her husband until she is proven innocent by the bitter waters. Rashi
says the sin is the husband has intercourse with his wife while she was a sotah.
Moses
Maimonides expands the definition of the sin to include any forbidden
intercourse with his wife. “Whenever a man has engaged in forbidden relations
from the time he attained majority onward, the curse-bearing waters do not test
[the fidelity of] his wife. Even if he engaged in relations with the woman he
consecrated while she was living in her father's house - which is a Rabbinic
prohibition - the waters do not test [the fidelity of] his wife. [This is
derived from Numbers 5:31, which] states: ‘The man will then be free of sin,
and the woman will bear [the burden of] her sin." [Implied is that] when
the man is "free of sin," "the woman will bear [the burden of]
her sin.’” (Sefaria.org translation, Mishneh Torah, Sefer Nashim, Hilkhot
Sotah, chapter 2, halakha 8)
Ramban expands the definition of sin even further to include
all the children of the husband’s household in his commentary on our verse. If
they are not free of sin, the bitter waters do not work.
By the way, the rabbis say hold what is good for the
gander is good for the goose. If the wife is guilty of adultery and the bitter
waters effectively kill her, they will have the same effect on the paramour
even though he doesn’t drink the bitter waters. “MISHNA: Just as the water evaluates her
fidelity, so too, the water evaluates his, i.e., her alleged paramour’s,
involvement in the sin, as it is stated: “And the water that causes the
curse shall enter into her” (Numbers 5:24), and it is stated again: “And
the water that causes the curse shall enter into her and become bitter”
(Numbers 5:27). It is derived from the double mention of the phrase “and…shall
enter” that both the woman and her paramour are evaluated by the water.” (TB Sotah 27a, Sefaria.org translation)
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