Grounds for the Ordeal

How does he warn her? If he says to her in front of two [witnesses], “Do not speak with that man” and she spoke with him, she is still permitted to her husband and permitted to eat terumah. If she entered a private place with him and stayed with him a time sufficient for her to be defiled [by having sexual intercourse with him], she is forbidden to her husband and forbidden to eat terumah. If [her husband] died, she performs ḥalitzah but cannot contract yibbum.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

Engage with this Source

Although the Bible does not state that a man must have evidence of his wife’s adultery before subjecting her to the sotah ordeal, rabbinic law requires circumstantial evidence of misconduct. The woman must seclude herself with another man for a sufficient length of time to commit adultery after being warned not to do so. Absent the seclusion and the warning, a husband, no matter how jealous or suspicious, cannot subject his wife to the ordeal. Because baseless accusations are inadmissible, the rabbinic treatment of the accused woman adopts a presumption of guilt. Her husband may not have sex with her, and if he is a priest, she may not eat the priestly dues (terumah) to which she is otherwise entitled until she has passed the trial. If the husband dies before she has a chance to undergo the ordeal and they do not have children, she does not marry his brother, as required by Deuteronomy 25:5–6 (a process called levirate marriage, or yibbum). Rather, she must release herself from the obligation through the ḥalitsah ritual (Deuteronomy 25:7–10).

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