Talmud - Sotah 18b סוטה י״ח ב׳

nor as a widow waiting for my yavam to perform levirate marriage, since a woman at that stage is prohibited from engaging in sexual intercourse with any men, nor when married through levirate marriage to the yavam; amen that I did not become defiled, and if I did become defiled, may all these curses come upon me.

Rabbi Meir says that “amen, amen” means: Amen that I did not become defiled in the past, amen that I will not become defiled in the future.

All agree that he may stipulate with her through this oath neither with regard to what she did before becoming betrothed to him, nor with regard to what she will do after she becomes divorced from him.

Similarly, if a husband divorced his wife, and while divorced she secluded herself with another man and became defiled, and afterward her husband took her back and remarried her, and he then warned her about a specific man, and she secluded herself, and she is now about to drink the water of the sota, he cannot stipulate with her that she take an oath that she did not become defiled during the period in which she was divorced. This is because her husband would become forbidden to her only if she had married another man after being divorced, not if she merely committed an act of promiscuity.

This is the principle: In every case where if she would engage in sexual intercourse with someone else she would not become forbidden to her husband due to this act, he may not stipulate with her that her oath include that act. The oath can include only cases in which she would be rendered forbidden to him.

GEMARA: Rav Hamnuna says: In the case of a widow awaiting her yavam who committed adultery, she becomes forbidden to her yavam. From where is this derived? It is from the fact that the mishna teaches: Nor as a widow waiting for my yavam to perform levirate marriage, nor when married through levirate marriage.

The Gemara explains: Granted, if you say that a woman awaiting levirate marriage who committed adultery is forbidden to the yavam, due to that reason a husband may stipulate with a sota that she take an oath that she did not commit adultery while she was awaiting levirate marriage with him. But if you say that such a woman does not become forbidden, how can a husband stipulate this with her? But didn’t we learn in the mishna that this is the principle: In every case where if she would engage in sexual intercourse with someone else she would not become forbidden to her husband due to this act, he may not stipulate with her that her oath include that act? Clearly she must become forbidden to the yavam if she commits adultery.

They say in the West, Eretz Yisrael: The halakha is not in accordance with the opinion of Rav Hamnuna. A woman awaiting levirate marriage who commits adultery does not become forbidden to the yavam.

The Gemara asks: But with regard to that which is taught in the mishna: Nor as a widow waiting for my yavam to perform levirate marriage, nor when married through levirate marriage, in accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Akiva, who says: Betrothal does not take effect even for those who would be merely liable for violating ordinary prohibitions were they to be married. All agree that betrothal does not take effect for forbidden unions that carry the punishment of karet, e.g., unions between siblings. However, according to Rabbi Akiva, in matters of personal status an ordinary Torah prohibition is equivalent to prohibitions that carry the punishment of karet. And he therefore holds that just as a wife who commits adultery, rendering her liable to receive karet, is forbidden to her husband and must be divorced, so too, a widow awaiting her yavam who commits adultery, violating an ordinary Torah prohibition, is considered to be a woman forbidden to her yavam.

Rabbi Yirmeya raised a dilemma: If a man divorced his wife and then remarried her, and she then secluded herself and came to drink the water of a sota, what is the halakha as to whether a man in that situation may stipulate with her concerning their first marriage? May he compel her to include in her oath that she did not commit adultery then either? Similarly, may a yavam stipulate with his yevama concerning the marriage of his brother, requiring her to attest that she did not commit adultery prior to the brother’s death? What is the halakha?

The Gemara proposes: Come and hear evidence from the conclusion of the mishna: This is the principle: In every case where if she would engage in sexual intercourse with someone else she would not become forbidden to her husband due to this act, he may not stipulate with her that her oath include that act. One may therefore infer that he may indeed stipulate with her concerning any case in which she would become forbidden. In both of the cases in question the woman would have become forbidden to her husband if she had been guilty. Therefore, the Gemara concludes: Indeed, conclude from the mishna that he is entitled to stipulate in these cases.

§ The mishna states: Rabbi Meir says that “amen, amen” means: Amen that I did not become defiled in the past, amen that I will not become defiled in the future. With regard to this it is taught in a baraita (Tosefta 2:2): When Rabbi Meir said: Amen that I will not become defiled in the future, he did not mean to say that if God knows that she will become defiled in the future, the water that she drinks now evaluates whether she will be unfaithful and passes judgment on her from now. Rather, he meant that in the event that she becomes defiled in the future, the water that she drinks now will destabilize her and evaluate then whether she was unfaithful.

Rav Ashi raised a dilemma: What is the halakha as to whether a man may stipulate with his wife concerning a later marriage, in the event that he would divorce her and then remarry her? Do we say: Now, at least, if she remains faithful during this marriage, she is not forbidden to him? Or perhaps this includes a later marriage, as sometimes a man divorces his wife and remarries her, and if she then commits adultery she will become forbidden to him.

The Gemara answers: Come and hear evidence from the mishna: All agree that he may stipulate with her through this oath neither with regard to what she did before becoming betrothed to him, nor with regard to what she will do after she becomes divorced from him. And if while divorced she secluded herself with another man and became defiled, and afterward her husband took her back and remarried her, he may not stipulate with her with regard to the period in which she was divorced, since that act does not render her forbidden to him. The Gemara infers: But if he remarries her and she then becomes defiled, she would be forbidden to him. Therefore, he may indeed stipulate with her in advance with regard to this. The Gemara states: Indeed, conclude from the mishna that this is so.

§ The Sages taught: The verse states: “This is the law of jealousy” (Numbers 5:29), indicating that the same law is to be carried out in all cases of jealousy. This teaches that the woman drinks and repeats, i.e., she must drink a second time if she becomes a sota again.

The baraita continues: Rabbi Yehuda says: The word “this” in the verse is a restricting term, indicating that the woman does not drink and repeat. Rabbi Yehuda said: There was an incident in which Neḥunya the ditch digger testified before us in the name of his teachers that the woman drinks and repeats, and we accepted his testimony with regard to two men, but not with regard to one man. Even if she drinks the water of a sota while married to her first husband, she must drink again after violating a warning by her second husband. However, one husband cannot have his wife drink twice.

The baraita concludes: And the Rabbis say: The woman does not drink and repeat, whether with regard to one man or with regard to two men.

The Gemara asks: But according to the first tanna of the baraita as well, isn’t it written in the verse: “This,” restricting the number of times a woman must drink? And according to the Rabbis mentioned later in the baraita as well, isn’t it written: “The law of jealousy,” amplifying the number of times a woman must drink to include all cases of jealousy?

Rava said: Different halakhot apply to different cases: With regard to one husband who accused his wife twice about one paramour, everyone agrees that the woman does not drink and repeat, having been proven innocent once,

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Sotah 18b examines the sota oath's scope, detailing which acts of infidelity render a woman forbidden to her husband or yavam.