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The Jerusalem TalmudJerusalem Talmud Sotah 1.2

The Jerusalem Talmud

Jerusalem Talmud Sotah 1.2

1
English · Heinrich W. Guggenheimer

MISHNAH: How does he declare his jealousy? If he said to her in front of two [witnesses]: Do not speak with the man X, and she spoke with him, she still is permitted to her house and to eat heave. If she enters a hidden room together with him and remains there long enough for impurity, she is forbidden to her house and forbidden to eat heave; if he dies she needs ḥalîṣah but cannot be married in levirate.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “How does he declare his jealousy,” etc. Does this mean only, until she talks with him? That would imply, if she went to a secluded place with him without talking, that going to a secluded place would count for nothing? It comes to tell you more: Even if she talked to him but was not with him in a secluded place, she still is permitted to her house and to eat heave, since the Mishnah uses chaste language: Do not be alone with Mr. X.

3
English · Heinrich W. Guggenheimer

May he declare his jealousy with respect to two men together? Rebbi Yudan said, that is in dispute. He who says that he may declare his jealousy with respect to her father and her son, [says] that he may declare his jealousy with respect to two men together. Rebbi Yose asked: May he declare his jealousy with respect to a hundred men? Rebbi Yose ben Rebbi Abun said to him: If he said to her, do not enter the synagogue, she enters.

4
English · Heinrich W. Guggenheimer

“With him.” Rebbi Mana said, it only said “with him.” Therefore, not one after the other. Rebbi Abin said, even one after the other since anyhow it is obvious: On a road during the night, in a ruin during daytime, in dark passageways during daytime.

5
English · Heinrich W. Guggenheimer

“They asked Ben Zoma: Why is a doubt in a private domain considered impure? He said to them: Where is the suspected wife? In a private domain. He said to them, we find that she is forbidden for her house.” The words of the rabbis disagree, since Rebbi Ze‘ira, Rebbi Yasa said in the name of Rebbi Joḥanan: An underage girl who whored has no will to be forbidden to her husband. But did we not state: “In any case where there is no mind to be asked, the doubtful case is pure”? Therefore, if there is a mind to be asked, the doubtful case is impure. But here, even while there is a mind to be asked, the doubtful case is pure! “Why is a doubt in a public domain considered pure? He said to them: We find that the public prepare their Passah [as in] purity when most of them are impure. If known impurity was permitted in public, so much more for a case of doubtful impurity.”

6
English · Heinrich W. Guggenheimer

There, we have stated: “In all matters of incest, He made him who touches equal to him who completes and one is guilty for each single intercourse. He was more stringent with the slave girl since in her case He treated the intentional as unintentional.” Rebbi Jeremiah, Rebbi Abba bar Mamai in the name of Rav: “Flow of semen,” until he ejaculates. Here is written “flow of semen”, and here is written “flow of semen.” Here, you say “flow of semen” until he ejaculates. And here, you say so? Rebbi Yose said, there is a difference, for it is written: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here, “flow of semen,” until he ejaculates. For what reason is written “flow of semen”? For measures, as it is stated: “She was hidden and became impure”; what is counted as hiding? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’.

7
English · Heinrich W. Guggenheimer

“How long is ‘touching’? Rebbi Eliezer says, [time needed] to walk around a date palm; Rebbi Joshua says, to mix a cup [of wine]; Ben Azai says, to drink it; Rebbi Aqiba says, [time needed] rolling an egg; Rebbi Jehudah ben Bathyra says, to sip three rolled eggs one after the other; Rebbi Eleazar ben Phineas says, [time needed] for the weaver to bind a thread; Miniamin says, that she can stretch out her hand and lift a loaf of bread from the basket. And though there is no proof, at least there is a hint: ‘For a whoring woman up to a loaf of bread.’” Rebbi Yose said, all these measurements [of time] are after she removes her underpants. Rebbi Joḥanan said, each of them judged by his own experience. But did Ben Azai ever marry? Some want to say, he had an erection. But some want to say, he was married and gave it up. Some want to say, “the secret of the Eternal is for those who fear Him, to inform them about His covenant.”

8
English · Heinrich W. Guggenheimer

It was stated: Rebbi said, three times is “impurity” said in the paragraph, one for the husband, one for the paramour, and one for heave. For heave? Do we find that a woman is forbidden to her house and permitted to eat heave? Why not? If the daughter of a Cohen was married to an Israel and raped, is she not permitted to her house but forbidden heave? We never find that a woman is forbidden to her house and permitted to eat heave! Rebbi Abin said, it was said: One for the husband, one for the paramour, and one for the levir. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If he dies she needs ḥalîṣah but cannot be married in levirate.”

9
English · Heinrich W. Guggenheimer

Rebbi Jacob bar Abin stated before Rebbi Jonathan: “‘If you deviated from under your husband.’ This excludes rape.” How do you understand this? He said to him: Just as she is “under your husband” by her consent, so also in this case by her consent.

10
English · Heinrich W. Guggenheimer

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister. But following the rabbis here? Rebbi Ḥiyya in the name of Rebbi Joḥanan: everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. She is forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥinenah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted to her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

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Jerusalem Talmud Sotah 1.2English
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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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