Soncino English Talmud
Sotah
Daf 24a
THE FOLLOWING DO NOT DRINK AND DO NOT RECEIVE THE MARRIAGE-SETTLEMENT: SHE WHO SAYS 'I AM UNCLEAN WHEN WITNESSES CAME [AND TESTIFIED] THAT SHE HAD MISCONDUCTED HERSELF, AND SHE WHO SAYS 'I REFUSE TO DRINK'. WHEN HER HUSBAND IS UNWILLING TO LET HER DRINK, OR WHEN HER HUSBAND COHABITED WITH HER ON THE JOURNEY [TO JERUSALEM]. SHE RECEIVES THE MARRIAGE-SETTLEMENT BUT DOES NOT DRINK. IF THE HUSBANDS DIED BEFORE [THE WOMEN] DRANK, BETH SHAMMAI DECLARE THAT THEY RECEIVE THE MARRIAGE-SETTLEMENT BUT DO NOT DRINK, AND BETH HILLEL DECLARE THAT THEY EITHER DRINK OR DO NOT RECEIVE THE MARRIAGE-SETTLEMENT. [A WIFE] WHO WAS PREGNANT BY A FORMER HUSBAND OR WAS SUCKLING A CHILD BY A FORMER HUSBAND DOES NOT DRINK AND DOES NOT RECEIVE THE MARRIAGE-SETTLEMENT. SUCH IS THE STATEMENT OF R. MEIR; BUT THE RABBIS DECLARE THAT HE IS ABLE TO SEPARATE FROM HER AND TAKE HER BACK AFTER THE PERIOD [OF TWO YEARS]. A WOMAN INCAPABLE OF CONCEPTION, ONE TOO OLD TO BEAR CHILDREN, AND ONE WHO IS UNFIT TO BEAR CHILDREN DO NOT RECEIVE THE MARRIAGE-SETTLEMENT AND DO NOT DRINK. R. ELIEZER SAYS: HE IS ABLE TO MARRY ANOTHER WIFE AND HAVE OFFSPRING BY HER. AS FOR ALL OTHER WOMEN, THEY EITHER DRINK OR DO NOT RECEIVE THE MARRIAGE-SETTLEMENT. THE WIFE OF A PRIEST DRINKS AND IS PERMITTED TO HER HUSBAND. THE WIFE OF A EUNUCH DRINKS. THROUGH [SECLUSION WITH] ALL PERSONS FORBIDDEN TO HER IN MARRIAGE JEALOUSY [NECESSITATING THE ORDEAL] IS ESTABLISHED WITH THE EXCEPTION OF A MINOR AND ONE NOT A MAN. IN THE FOLLOWING CASES A COURT OF LAW CAN GIVE WARNING: WHEN THE HUSBAND IS A DEAF-MUTE OR HAS BECOME INSANE OR IS IMPRISONED. NOT FOR THE PURPOSE OF MAKING HER DRINK DID THEY SAY THIS, BUT TO DISQUALIFY HER IN CONNECTION WITH THE MARRIAGE-SETTLE MENT. R. JOSE SAYS: ALSO TO MAKE HER DRINK; WHEN HER HUSBAND IS RELEASED FROM PRISON HE MAKES HER DRINK. GEMARA. [In the instances enumerated by the Mishnah, the husband] does not let her drink, but he may give her a warning. Whence is this learnt? — Our Rabbis taught: Speak unto the children of Israel and say — [the addition of 'and say'] is to include a betrothed maiden and a childless widow waiting for her levir in the law respecting the warning. Whose is [the teaching of] our Mishnah? — It is R. Jonathan's; for it has been taught: Being under thy husband excludes a betrothed maiden. It is possible to think that we are also to exclude a childless widow; therefore the text repeats the word 'man'. Such is the statement of R. Joshiah. R. Jonathan says: 'Being under thy husband' excludes a childless widow. [It is possible to think that] we exclude a childless widow waiting for her levir but not a betrothed maiden; therefore there is a text to declare, When a wife, being under her husband, goeth aside, thus excluding a betrothed maiden. One teacher considers a betrothed maiden as more bound to him since the marriage ensues through him and they stone her on his account; whereas the other teacher considers that a childless widow is more bound to [her brother-in-law] since the nuptial surrender is not lacking. What, then, does R. Jonathan make of the repetition of the word 'man'? — He requires it to include the wife of a deaf-mute man, the wife of an imbecile, and the wife of
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