## Mishneh Torah, Woman Suspected of Infidelity Chapter 2

###### Mishneh Torah, Woman Suspected of Infidelity 2:1
[Mishneh Torah, Woman Suspected of Infidelity 2:1](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:1)

אִשָׁה שֶׁקִּנֵּא לָהּ וְנִסְתְּרָה אֵין כּוֹפִין אוֹתָהּ לִשְׁתּוֹת. אֶלָּא אִם רָצְתָה וְאָמְרָה הֵן נִטְמֵאתִי תֵּצֵא בְּלֹא כְּתֻבָּה וְנֶאֶסְרָה עַל בַּעְלָהּ לְעוֹלָם וְאֵינָהּ שׁוֹתָה. וְכֵן אִם אָמְרָה אֵינִי טְמֵאָה וְאֵינִי שׁוֹתָה אֵין כּוֹפִין אוֹתָהּ לִשְׁתּוֹת וְתֵצֵא בְּלֹא כְּתֻבָּה. וְכֵן אִם אָמַר בַּעְלָהּ אֵינִי רוֹצֶה לְהַשְׁקוֹתָהּ אוֹ שֶׁבְּעָלָהּ בַּעְלָהּ אַחַר שֶׁנִּסְתְּרָה הֲרֵי זוֹ אֵינָהּ שׁוֹתָה וְנוֹטֶלֶת כְּתֻבָּתָהּ וְיוֹצְאָה וְהִיא אֲסוּרָה [עָלָיו] לְעוֹלָם:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a woman is given a warning and enters into privacy [with the man in question], she is not compelled to drink the bitter water. Instead, if she says, "I committed adultery," she is not required to drink the waters, but she must be divorced without receiving [the money due her by virtue of] her *ketubah*, and she is forbidden to her husband forever.
Similarly, if she says: "I did not commit adultery, but I will not drink the waters,"¹ she is not forced to drink, but she must be divorced without receiving [the money due her by virtue of] her *ketubah*.
And if her husband says, "I don't want to have her drink," or if he engaged in relations with her after she entered into privacy [with the man in question], she should not drink [the bitter water].² Instead, she is given [the money due her by virtue of] her *ketubah*³ and departs; she is forbidden to him forever.

footnotes:
¹ Although she claims innocence, she is still afraid of drinking the waters. See Chapter 4, Halachah 3.
² As stated in Chapter 1, Halachah 2, from the time the woman enters into privacy with the man in question, her husband is forbidden to enter into relations with her. As such, if they engaged in relations, the bitter water will not show her guilt, as indicated by Halachah 8.
³ Because it is her husband's actions that prevent her from drinking the waters that can establish her innocence, he must bear the financial responsibility.


###### Mishneh Torah, Woman Suspected of Infidelity 2:2
[Mishneh Torah, Woman Suspected of Infidelity 2:2](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:2)

וְאֵלּוּ הֵן הַנָּשִׁים שֶׁאֵינָן רְאוּיוֹת לִשְׁתּוֹת אַף עַל פִּי שֶׁהֵן רוֹצוֹת לִשְׁתּוֹת וּבַעְלֵיהֶן רוֹצִים לְהַשְׁקוֹתָן אֶלָּא יוֹצְאוֹת בְּלֹא כְּתֻבָּה מִשֶּׁיָּבוֹאוּ עֵדֵי סְתִירָה אַחַר עֵדֵי קִנּוּי וְיֵאָסְרוּ עַל בַּעְלֵיהֶן לְעוֹלָם. וַחֲמֵשׁ עֶשְׂרֵה נָשִׁים הֵן. וְאֵלּוּ הֵן. אֲרוּסָה. וְשׁוֹמֶרֶת יָבָם. וּקְטַנָּה אֵשֶׁת הַגָּדוֹל. וּגְדוֹלָה אֵשֶׁת הַקָּטָן. וְאֵשֶׁת אַנְדְּרוֹגִינוּס. וְאֵשֶׁת הַסּוּמָא. וְאֵשֶׁת הַחִגֵּר אוֹ הָאִלֵּם. אוֹ מִי שֶׁאֵינוֹ שׁוֹמֵעַ. אוֹ שֶׁהוּא כְּרוּת יָד. וְכֵן הַחִגֶּרֶת. וְהָאִלֶּמֶת. וְהַסּוּמָא. וּכְרוּתַת יָד. וְשֶׁאֵינָהּ שׁוֹמַעַת. כָּל אַחַת מֵאֵלּוּ אֵינָהּ רְאוּיָה לִשְׁתּוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
The following women are not fit to drink [the bitter water] even though they desire to drink, and their husbands desire to have them drink. Instead, once witnesses testify that [such women] entered into privacy with the men in question after witnesses testify that a warning was granted, they are forbidden to their husbands and must be divorced without receiving [the money due them by virtue of] their *ketubah*. There are fifteen such women; they are:
a woman who was consecrated but the marriage bond was not consummated,
a *yevamah* who is waiting for her husband's brother to perform *yibbum*,⁴ 2:20, which states that when a *yevamah* engages in relations with another man, she does not become forbidden to her *yavam*. They explain that an exception is made when the *yavam* issues a warning and forbids the *yevamah* to enter into privacy with a particular man.
a minor married to a man past the age of majority,
a woman who is past majority who is married to a minor,
the wife of an *androgynous*,⁵
the wife of a blind man,
the wife of a man who limps,
who cannot speak, who is deaf, or whose hand has been cut off, and
similarly, a woman who limps, who cannot speak, who is blind, whose hand has been cut off, or who is deaf.
All the above are not fit to drink [the bitter water].⁶.

footnotes:
⁴ The commentaries raise a question based on Hilchot Yibbum
⁵ A person who has both male and female sexual organs.
⁶ If they violate a warning given by their husbands and enter into privacy with the man in question, they are to be divorced without receiving the money due them by virtue of their ketubah


###### Mishneh Torah, Woman Suspected of Infidelity 2:3
[Mishneh Torah, Woman Suspected of Infidelity 2:3](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:3)

וּמִנַּיִן שֶׁאֵינָהּ רְאוּיָה לִשְׁתּוֹת שֶׁנֶּאֱמַר (במדבר ה כט) "אֲשֶׁר תִּשְׂטֶה אִשָּׁה תַּחַת אִישָׁהּ". תַּחַת פְּרָט לַאֲרוּסָה וְשׁוֹמֶרֶת יָבָם שֶׁאֵינָהּ תַּחַת אִישָׁהּ. אִשָּׁה פְּרָט לִקְטַנָּה. תַּחַת אִישָׁהּ פְּרָט לְאֵשֶׁת קָטָן וְאֵשֶׁת אַנְדְּרוֹגִינוּס שֶׁאֵינוֹ אִישׁ. (במדבר ה יג) "וְנֶעֱלָם מֵעֵינֵי אִישָׁהּ" פְּרָט לְאֵשֶׁת סוּמָא. (במדבר ה יח) "וְהֶעֱמִיד הַכֹּהֵן אֶת הָאִשָּׁה" פְּרָט לְחִגֶּרֶת. (במדבר ה יח) "וְנָתַן עַל כַּפֶּיהָ" פְּרָט לְמִי שֶׁאֵין לָהּ כַּף אוֹ שֶׁהָיְתָה עֲקֻמָּה אוֹ יְבֵשָׁה שֶׁאֵינָהּ יְכוֹלָה לִקַּח בָּהּ. וַאֲפִלּוּ כַּפָּהּ אַחַת שֶׁנֶּאֱמַר כַּפֶּיהָ. וְאָמְרָה הָאִשָּׁה פְּרָט לְאִלֶּמֶת. (במדבר ה יט) "וְאָמַר אֶל הָאִשָּׁה" פְּרָט לְמִי שֶׁאֵינָהּ שׁוֹמַעַת. וַהֲרֵי הוּא אוֹמֵר אֲשֶׁר תִּשְׂטֶה אִשָּׁה תַּחַת אִישָׁהּ עַד שֶׁתִּהְיֶה שְׁלֵמָה כָּמוֹהוּ וְהוּא שָׁלֵם כְּמוֹתָהּ. הָא לָמַדְתָּ שֶׁכָּל דָּבָר שֶׁמְּעַכֵּב אוֹתָהּ מִלִּשְׁתּוֹת מְעַכֵּב אֶת בַּעְלָהּ מִלְּהַשְׁקוֹתָהּ. וְכָל הַמְעַכֵּב אֶת הַבַּעַל מִלְּהַשְׁקוֹתָהּ מוּם כָּמוֹהוּ מְעַכֵּב אוֹתָהּ מִלִּשְׁתּוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
What are the sources that exclude these women from drinking [the bitter water]? [Numbers 5:29] states: "When a woman deviates [from the paths of modesty] while married to her husband...."
"While married" excludes a woman who was consecrated, but the marriage bond was not consummated, and a *yevamah* who is waiting for her husband's brother to perform *yibbum*. "Her husband" excludes a minor married to a man past the age of majority.⁷, who quotes a different source from that mentioned by the Rambam. "While married to her husband" excludes a woman who is past majority who is married to a minor⁸ 4:7)., and the wife of an *androgynous*, for he is not a man.⁹ 4;11, when an *androgynous* consecrates a woman, the status of the *kiddushin* is in doubt.
[Numbers 5:13 states:] "And it was hidden from the eyes of her husband" - This excludes the wife of a blind man.¹⁰ 27a). "And the priest shall have the woman stand" [*Ibid.*:18] - This excludes a woman who limps. "And he shall place on her palm" [*Ibid.*] - This excludes a woman who does not have a hand or whose hand is crooked or shrunk to the extent that she cannot hold [the meal offering]. This applies even if only one hand is in this condition, for the verse uses the plural form of the word palm, [indicating that both hands must be fit to perform this act].
"And the woman shall say" [*Ibid.*:22] - This excludes a woman who cannot speak. "And he shall say to the woman" [*Ibid.*:19] - This excludes a woman who cannot hear. And [the passage continues, *Ibid.*:20:] "When a woman deviates [from the path of modesty] while married to her husband..." - This indicates that she must be of sound body, possessing all the physical characteristics [mentioned previously] that he possesses, and he [must possess the characteristics mentioned that she possesses].
This teaches that any physical factor that prevents her from drinking [the bitter water] prevents her husband from compelling her to drink. And any factor that prevents her husband from compelling her to drink prevents her from drinking.

footnotes:
⁷ When a girl below majority was not consecrated by her father, the consecration is not effective by Scriptural law. Even when she was consecrated by her father, she is not required to drink the bitter water unless she is warned after attaining majority. (See Halachah 4.) Note the Kessef Mishneh
⁸ A woman consecrated by a minor is not considered consecrated at all (Hilchot Ishut
⁹ As stated in Hilchot Ishut
¹⁰ Who could not see, even when the two did not act in secrecy (Sotah


###### Mishneh Torah, Woman Suspected of Infidelity 2:4
[Mishneh Torah, Woman Suspected of Infidelity 2:4](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:4)

קְטַנָּה שֶׁהִשִּׂיאָהּ אָבִיהָ אִם זִנְּתָה בִּרְצוֹנָהּ נֶאֶסְרָה עַל בַּעְלָהּ. לְפִיכָךְ מְקַנִּין לָהּ לֹא לְהַשְׁקוֹתָהּ אֶלָּא לְפָסְלָהּ מִכְּתֻבָּתָהּ כְּמוֹ שֶׁאָמַרְנוּ. אֲבָל קְטַנָּה בַּת מֵאוּן אֵין מְקַנִּין לָהּ שֶׁאֵין לָהּ רָצוֹן לְהֵאָסֵר עַל בַּעְלָהּ. וַאֲפִלּוּ הָיָה כֹּהֵן לֹא נֶאֶסְרָה עָלָיו:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a minor is married off by her father, she is forbidden to her husband if she willingly commits adultery. Therefore, she is given a warning, not to compel her to drink [the bitter water], but so that she will be denied [the money due her by virtue of] her *ketubah*, as stated above.¹¹ 33b, which states: "The seduction of a minor is always considered equivalent to rape."
In his gloss on *Hilchot Issurei Bi'ah* 3:2, the *Maggid Mishneh* substantiates the Rambam's ruling, citing *Ketubot* 9a, which states that the statements of a husband who claims that his wife is not a virgin are accepted and cause her to be forbidden to him. According to the Rambam, this applies even when the girl is a minor. (See also the *Kessef Mishneh*.)
With regard to a minor who is entitled to nullify her marriage through *mi'un*,¹² 4:8; *Hilchot Gerushin* 11:1. by contrast, no warning is given, for she has no desire to be forbidden to her husband. [Even if she commits adultery,] she is not forbidden to her husband, even if he is a priest.¹³

footnotes:
¹¹ The Ra'avad differs with the Rambam's ruling, maintaining that a minor is never forbidden to her husband because of adultery unless he is a priest, basing his opinion on Yevamot
¹² I.e., an orphan who was married off by someone other than her father. See Hilchot Ishut
¹³ Since according to Scriptural law, her marriage is not binding, relations with another man are not considered adulterous. Even a priest who may not marry a woman who engaged in a forbidden sexual relationship may remain married to this girl.


###### Mishneh Torah, Woman Suspected of Infidelity 2:5
[Mishneh Torah, Woman Suspected of Infidelity 2:5](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:5)

קִנֵּא לַאֲרוּסָתוֹ אוֹ לִזְקוּקָתוֹ וְנִסְתְּרָה אַחַר שֶׁנִּשְּׂאָה הֲרֵי זוֹ שׁוֹתָה כִּשְׁאָר כָּל הַנָּשִׁים. נְשׂוּאָה שֶׁקִּנֵּא לָהּ וְנִסְתְּרָה קֹדֶם שֶׁיִּבְעל אוֹתָהּ בַּעְלָהּ אֵינָהּ שׁוֹתָה וְיוֹצְאָה בְּלֹא כְּתֻבָּה וַאֲסוּרָה עָלָיו לְעוֹלָם שֶׁנֶּאֱמַר (במדבר ה כ) "וַיִּתֵּן אִישׁ בָּךְ אֶת שְׁכָבְתּוֹ מִבַּלְעֲדֵי אִישֵׁךְ" שֶׁקָּדְמָה שְׁכִיבַת בַּעַל לִשְׁכִיבַת בּוֹעֵל:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a man issues a warning to a woman he consecrated or to his *yevamah*, and she entered into privacy [with the man in question] after [the husband] consummated their marriage, she must drink [the bitter water] like any other [married] woman.¹⁴
When a husband issued a warning to his wife and she enters into privacy [with the man in question] before her husband engaged in sexual relations with her,¹⁵, effecting the stage of *nisu'in*. They did not, however, consummate the marriage. Before they did so, the wife entered into privacy with the man in question. she does not drink [the bitter water]. Instead, she is divorced without receiving [the money due her by virtue of] her *ketubah* and is forbidden to her husband forever. [This is alluded to by Numbers 5:20, which] states: "And another man has lain with you other than your husband," [implied is] that relations with the husband preceded relations with the man in question.

footnotes:
¹⁴ Although these women are not required to drink if they enter into privacy with the man in question before the marriage is consummated, after its consummation the warning issued beforehand is effective.
¹⁵ I.e., the husband and the wife entered into a chuppah


###### Mishneh Torah, Woman Suspected of Infidelity 2:6
[Mishneh Torah, Woman Suspected of Infidelity 2:6](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:6)

הַגִּיֹּרֶת וְהַמְשֻׁחְרֶרֶת וְאֵשֶׁת הַגֵּר וְאֵשֶׁת עֶבֶד מְשֻׁחְרָר וּמַמְזֶרֶת וְאֵשֶׁת מַמְזֵר וְאֵשֶׁת סְרִיס חַמָּה אוֹ סְרִיס אָדָם הַמֻּתָּרוֹת לְבַעְלֵיהֶן הֲרֵי הֵן כְּכָל הַנָּשִׁים וְשׁוֹתוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following women are judged] like all other married women - who are permitted to remain married - and are required to drink [the bitter water if they violated a husband's warning]: a convert, a freed maidservant, the wife of a convert, the wife of a freed servant, a woman who is of illegitimate parenthood, the wife of a man of illegitimate parenthood and the wife of an impotent man - whether he became impotent naturally or through an act of man.¹⁶ apply.
As such, an illegitimate man or woman must be married either to another illegitimate man or woman or to a convert, as stated in *Hilchot Issurei Bi'ah*, Chapter 15. With regard to an impotent man, the laws regarding whom he is permitted to marry and whom he is forbidden to marry are stated in *Hilchot Issurei Bi'ah*, Chapter 16.

footnotes:
¹⁶ The words "who are permitted to remain married" are fundamental to the understanding of this halachah. All these women and/or their husbands mentioned are bound by different laws with regard to marriage from the Jewish people as a whole. Nevertheless, if they are permitted to their husbands or to their wives, the laws of a sotah


###### Mishneh Torah, Woman Suspected of Infidelity 2:7
[Mishneh Torah, Woman Suspected of Infidelity 2:7](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:7)

מְעֻבֶּרֶת וּמֵינִיקָה מְקַנֵּא לָהּ וּמַשְׁקֶה אוֹתָהּ כְּמוֹת שֶׁהִיא. אִשָּׁה הָעוֹמֶדֶת לִשְׁתּוֹת וּמֵת בַּעְלָהּ קֹדֶם שֶׁתִּשְׁתֶּה אֵינָהּ שׁוֹתָה וְלֹא נוֹטֶלֶת כְּתֻבָּתָהּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
A pregnant woman and a nursing woman are required to drink [the bitter water] in their present state.¹⁷ 26a, who differ and maintain that we should wait for a pregnant woman to give birth before requiring her to drink. When a woman is required to drink [the bitter water], but her husband dies before she has the opportunity of doing so, she should neither drink¹⁸ nor collect [the money due her by virtue of] her *ketubah*.¹⁹

footnotes:
¹⁷ We do not wait for her to give birth or for her to wean her child. Note Tosafot, Sotah
¹⁸ For her husband is no longer alive.
¹⁹ For she did not prove her innocence by drinking the waters.


###### Mishneh Torah, Woman Suspected of Infidelity 2:8
[Mishneh Torah, Woman Suspected of Infidelity 2:8](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:8)

כָּל אִישׁ שֶׁבָּא בִּיאָה אֲסוּרָה מִיָּמָיו אַחַר שֶׁהִגְדִּיל אֵין הַמַּיִם הַמְאָרְרִים בּוֹדְקִין אֶת אִשְׁתּוֹ. וַאֲפִלּוּ בָּא עַל אֲרוּסָתוֹ בְּבֵית חָמִיו שֶׁאָסוּר מִדִּבְרֵי סוֹפְרִים אֵין הַמַּיִם בּוֹדְקִין אֶת אִשְׁתּוֹ שֶׁנֶּאֱמַר (במדבר ה לא) "וְנִקָּה הָאִישׁ מֵעָוֹן וְהָאִשָּׁה הַהִיא תִּשָּׂא אֶת עֲוֹנָהּ". בִּזְמַן שֶׁהָאִישׁ מְנֻקֶּה מֵעָוֹן אִשָּׁה נוֹשְׂאָה אֶת עֲוֹנָהּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Whenever a man has engaged in forbidden relations from the time he attained majority onward, the curse-bearing waters²⁰ 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 prohibition²¹ 10:1. The Ra'avad differs with the Rambam regarding this point, maintaining that *Sotah* 24b appears to indicate that the wife of a man who had relations with the woman he consecrated while she was living in her father's house must still drink the bitter water. The *Kessef Mishneh* justifies the Rambam's ruling. - 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."

footnotes:
²⁰ The term is taken from Numbers 5:18.
²¹ See Hilchot Ishut


###### Mishneh Torah, Woman Suspected of Infidelity 2:9
[Mishneh Torah, Woman Suspected of Infidelity 2:9](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:9)

לְפִיכָךְ אִם הָיְתָה אִשְׁתּוֹ אֲסוּרָה עָלָיו מֵחַיָּבֵי לָאוִין אוֹ מֵחַיָּבֵי עֲשֵׂה אֲפִלּוּ שְׁנִיָּה וְקִנֵּא לָהּ וְנִסְתְּרָה אֵינָהּ שׁוֹתָה אֶלָּא תֵּצֵא בְּלֹא כְּתֻבָּה וְתִהְיֶה אֲסוּרָה עָלָיו אַף מִשּׁוּם זֶה. עָבַר וְנָשָׂא מְעֻבֶּרֶת חֲבֵרוֹ וּמֵינֶקֶת חֲבֵרוֹ הֲרֵי זוֹ שׁוֹתָה שֶׁאֵין כָּאן עֲבֵרָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Therefore, if a man's wife is forbidden to him because of a negative commandment, a positive commandment, or even [a Rabbinic prohibition - e.g.,] a *sh'niyah*, and he warned her and she entered into privacy [with the man in question], she should not drink [the bitter water].²² Instead, she should be divorced and should not receive [the money due her by virtue of] her *ketubah*. She becomes forbidden to him for this reason as well.
When a man transgresses and marries a woman who was made pregnant by another man, or who is nursing a child she bore by another man, she may [be compelled to] drink [the bitter water], since there is no transgression involved [in their relationship].²³ 11:25. Nevertheless, since the prohibition is not inherent to the couple's relationship - as reflected in the fact that after the 24 months of nursing have passed, the couple may marry - but rather a result of the child's presence, it is not considered a sinful relationship. See the gloss of the *Kessef Mishneh* and the *Mishneh LaMelech*.
The Rambam's wording here implies that the faithfulness of the *sotah* should be tested immediately. From his Commentary to the Mishnah (*Sotah* 4:3), it would appear that the couple are compelled to separate until the 24 months pass. Afterwards, if the husband desires to resume his relationship with his wife, she must drink the bitter water.

footnotes:
²² For by engaging in relations with his wife, the man has transgressed a prohibition, and hence the waters will not test his wife's fidelity.
²³ It is forbidden to marry such women, as stated in Hilchot Gerushin


###### Mishneh Torah, Woman Suspected of Infidelity 2:10
[Mishneh Torah, Woman Suspected of Infidelity 2:10](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:10)

מִי שֶׁאֵין לוֹ אִשָּׁה הָרְאוּיָה לֵילֵד וְלֹא בָּנִים וְנָשָׂא עֲקָרָה אוֹ זְקֵנָה אוֹ אַיְלוֹנִית אֵינָהּ שׁוֹתָה וְלֹא נוֹטֶלֶת כְּתֻבָּה. הָיוּ לוֹ בָּנִים אוֹ אִשָּׁה אַחֶרֶת רְאוּיָה לֵילֵד הֲרֵי זֶה מַשְׁקֶה אוֹתָהּ אַף עַל פִּי שֶׁהִיא זְקֵנָה אוֹ עֲקָרָה אוֹ אַיְלוֹנִית וְאֵינָהּ רְאוּיָה לֵילֵד שֶׁלֹּא נֶאֱמַר בַּתּוֹרָה (במדבר ה כח) "וְנִזְרְעָה זָרַע" אֶלָּא בִּרְאוּיָה לֵילֵד שֶׁאִם הָיְתָה יוֹלֶדֶת בְּצַעַר תֵּלֵד בְּרֶוַח. הָיָה דַּרְכָּהּ לֵילֵד נְקֵבוֹת תֵּלֵד זְכָרִים:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a man is not married to a woman capable of bearing children, nor has he [fathered] children in [a previous marriage], and he marries a barren woman, a woman past the age of child-bearing or an *aylonit*, [the marriage is not considered desirable in the eyes of the Sages].²⁴ 15:7, the husband is obligated to divorce this woman. Therefore, she is not given the opportunity to demonstrate her fidelity by drinking the bitter water. [Therefore,] such a woman may not drink [the bitter water], nor does she receive [the money due her by virtue of] her *ketubah* [if the husband divorces her for violating his warning].
If, however, [the husband] has [already fathered] children, or he has another wife capable of bearing children, he may compel [his other wife] to drink [the bitter water] even if she is past the age of child-bearing, barren or an *aylonit*, and thus incapable of giving birth.²⁵ 4:3) where he rules that such women may not drink the bitter water even when the husband has fathered children already. For the Torah's statement, [Numbers 5:28] "And she will be cleared and she will conceive" applies solely to a woman capable of giving birth,²⁶ 25b. See the gloss of the Ra'avad. [implying] that if previously she would give birth in pain, she will give birth comfortably; if previously she would give birth to daughters, she will give birth to sons.

footnotes:
²⁴ Every Jew is commanded to be fruitful and multiply. For this reason, as the Rambam states in Hilchot Ishut
²⁵ Significantly, the Rambam's ruling here reflects a change of mind from his ruling in his Commentary on the Mishnah (Sotah
²⁶ It is not, however, an exclusion preventing a woman who is not capable of bearing children from drinking the waters. See Sotah


###### Mishneh Torah, Woman Suspected of Infidelity 2:11
[Mishneh Torah, Woman Suspected of Infidelity 2:11](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:11)

הָיוּ לוֹ אִשָּׁה וּבָנִים וּמֵתוּ בֵּין קִנּוּי לִסְתִירָה כְּבָר נִרְאֵית לִשְׁתּוֹת וּמַשְׁקֶה אוֹתָהּ. לֹא הָיוּ לוֹ בָּנִים וְלֹא אִשָּׁה הָרְאוּיָה לֵילֵד אֶלָּא זוֹ הָאַיְלוֹנִית וְכַיּוֹצֵא בָּהּ וְנוֹלַד לוֹ בֵּן מִגְּרוּשָׁתוֹ בֵּין קִנּוּי לִסְתִירָה כְּבָר נִדְחֵית הָאַיְלוֹנִית מִלִּשְׁתּוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If [a husband] had [another] wife [capable of bearing children] or had children, but they died between the time when the warning was issued and the time the woman entered into privacy [with the man in question], the woman was already fit to drink the bitter water, and she should be compelled to drink.
If [a husband] did not have children or [another] wife capable of bearing children aside from an *aylonit* or another woman [incapable of bearing children], and his divorcee bore him a son²⁷ and a woman capable of bearing children. The woman capable of bearing children became pregnant, he divorced her and then issued a warning to the *aylonit*. between the time when the warning was issued and the time the woman entered into privacy [with the man in question], the *aylonit* was already excluded from drinking [and that ruling remains].

footnotes:
²⁷ I.e., he was married to an aylonit


###### Mishneh Torah, Woman Suspected of Infidelity 2:12
[Mishneh Torah, Woman Suspected of Infidelity 2:12](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:12)

כָּל אִשָּׁה שֶׁהָיָה לָהּ קִנּוּי וּסְתִירָה וְלֹא שָׁתְתָה מֵי הַמָּרִים בֵּין שֶׁלֹּא רָצָה בַּעְלָהּ לְהַשְׁקוֹתָהּ בֵּין שֶׁלֹּא רָצְתָה הִיא וּבֵין שֶׁבָּא לָהּ עֵד טֻמְאָה אוֹ הוֹדֵית אוֹ הָיְתָה מֵאֵלּוּ הַנָּשִׁים שֶׁאֵינָן רְאוּיוֹת לִשְׁתּוֹת אוֹ שֶׁקִּנְּאוּ לָהּ בֵּית דִּין. הוֹאִיל וְנֶאֶסְרָה עַל בַּעְלָהּ מִכָּל מָקוֹם הֲרֵי הִיא אֲסוּרָה עַל זֶה שֶׁנִּתְיַחֲדָה עִמּוֹ לְעוֹלָם כְּדֶרֶךְ שֶׁהִיא אֲסוּרָה עַל בַּעְלָהּ. וְאִם עָבַר וּנְשָׂאָהּ מוֹצִיאִין אוֹתָהּ מִתַּחְתָּיו בְּגֵט אֲפִלּוּ הָיוּ לָהּ כַּמָּה בָּנִים מִמֶּנּוּ. מִפִּי הַשְּׁמוּעָה לָמְדוּ כְּשֵׁם שֶׁאֲסוּרָה לַבַּעַל כָּךְ אֲסוּרָה לַבּוֹעֵל:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Whenever a warning was administered to a woman and she entered into privacy [with the man in question], but did not drink the bitter water - whether her husband did not desire to compel her to drink, she did not want to drink, a witness testified that she committed adultery, she was one of the women who are unfit to drink [the bitter water],²⁸ or the warning was administered by the court [and not by her husband]²⁹ - since she becomes forbidden to her husband, she also becomes forbidden to the man with whom she entered into privacy just as she is forbidden to her husband.³⁰
If this other man transgresses and marries her, he is compelled to divorce her even if she has borne him many children. Based on the Oral Tradition our Sages taught: Just as she is forbidden to her husband, she is forbidden to the man with whom she engaged in relations.³¹, but with regard to every adulterous relationship. The passage in the Torah mentions the word *v'nitma'ah* ("and she became defiled") twice, once in reference to the husband and once in reference to the adulterer. See *Hilchot Gerushin* 5:4-5. See also Halachah 15.

footnotes:
²⁸ See Halachah 2.
²⁹ See Chapter 1, Halachot 10-11.
³⁰ I.e., if her husband divorces her, it is forbidden for her to marry the man concerning whom she was warned.
³¹ This principle applies not only with regard to a sotah


###### Mishneh Torah, Woman Suspected of Infidelity 2:13
[Mishneh Torah, Woman Suspected of Infidelity 2:13](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:13)

אֲבָל אִם לֹא קָדַם קִנּוּי וּבָאוּ עָלֶיהָ עֵדִים שֶׁנִּסְתְּרָה עִם אִישׁ זֶה וּבָאוּ וּמָצְאוּ דָּבָר מְכֹעָר כְּגוֹן שֶׁנִּכְנְסוּ אַחֲרָיו וּמְצָאוּהָ חוֹגֶרֶת חֲגוֹרָה. אוֹ מָצְאוּ רֹק לְמַעְלָה מִן הַכִּילָה וְכַיּוֹצֵא בָּזֶה. אִם הוֹצִיאָהּ בַּעְלָהּ בְּדָבָר מְכֹעָר כָּזֶה הֲרֵי זוֹ לֹא תִּנָּשֵׂא לַנִּטְעָן אֶלָּא אֲסוּרָה עָלָיו. וְאִם עָבַר וּנְשָׂאָהּ וְהָיוּ לָהּ בָּנִים מִמֶּנּוּ לֹא תֵּצֵא. וְאִם לֹא הָיוּ לָהּ בָּנִים מִמֶּנּוּ תֵּצֵא:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[Different rules apply when,] however, a woman was not warned and witnesses came and testified that she entered into privacy with a man, and then they discovered unsavory behavior: e.g., they entered [her room] after [the man in question did] and saw her tying her belt, they found wet spittle on the bed's canopy,³² 24a). See *Hilchot Ishut* 24:15 and notes, where these concepts are discussed in greater detail. or the like. If her husband divorces her because of this unsavory behavior,³³ 11:6). she should not marry the man with whom she is suspected [of having relations]; instead, she should be forbidden to him.
If she transgresses and marries [this man] and children are born to them, she need not be divorced.³⁴ If she has not borne [this man] children, he must divorce her.

footnotes:
³² This indicates that someone was lying face up on the bed and could not turn to either side (Rashi, Yevamot
³³ He is not, however, compelled to divorce her. The matter is left to his initiative (Kessef Mishneh; Beit Shmuel
³⁴ Since there is no conclusive evidence that she is forbidden, she is allowed to remain married, so that the reputation of her children will not be sullied.


###### Mishneh Torah, Woman Suspected of Infidelity 2:14
[Mishneh Torah, Woman Suspected of Infidelity 2:14](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:14)

בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁרִנְּנוּ הָעִיר עָלֶיהָ וְעַל הַנִּטְעָן יוֹם וּמֶחֱצָה אוֹ יוֹתֵר. וְאָמְרוּ פְּלוֹנִי זִנָּה עִם פְּלוֹנִית וְלֹא פָּסַק הַקּוֹל. וְהוּא שֶׁלֹּא הָיוּ לָהּ אוֹ לוֹ אוֹיְבִים שֶׁמַּעֲבִירִין אֶת הַקּוֹל. אֲבָל אִם לֹא הָיְתָה שָׁם רִנָּה לְדָבָר זֶה בָּעִיר אוֹ שֶׁפָּסַק הַקּוֹל שֶׁלֹּא מֵחֲמַת יִרְאָה. אִם נִשֵּׂאת לַנִּטְעָן לֹא תֵּצֵא אַף עַל פִּי שֶׁאֵין לָהּ בָּנִים. אֲפִלּוּ בָּא עֵד אֶחָד שֶׁזִּנְּתָה עִמּוֹ לֹא תֵּצֵא:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When does the above apply? When [the inhabitants of] a city gossiped about the man and woman in question for a day and a half or more, saying: "So and so committed adultery with so and so," and this rumor did not cease. [Moreover, this applies] only when neither [the man nor the woman in question] have enemies who spread this rumor.³⁵ 11:1) differs and maintains that if there are both a rumor that continues spreading throughout the city, and witnesses who saw unsavory behavior, the husband is required to divorce his wife if she has not borne him children [*Shulchan Aruch* (*Even HaEzer* 11:2)].
If, however, the rumor was not widespread throughout the city, or the rumor ceased for reasons other than fear [different rules apply]. If she marries [the man in question], she need not be divorced although she has not borne him any children. Even when one witness comes and testifies that she committed adultery with him, she need not be divorced.³⁶

footnotes:
³⁵ The Ramah (Even HaEzer
³⁶ If, however, two witnesses testify to adultery, the adulterer is compelled to divorce her, as stated above.


###### Mishneh Torah, Woman Suspected of Infidelity 2:15
[Mishneh Torah, Woman Suspected of Infidelity 2:15](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:15)

מִי שֶׁהוֹצִיאָהּ בַּעְלָהּ בְּעֵדֵי דָּבָר מְכֹעָר וְנִשֵּׂאת לְאַחֵר וְגֵרְשָׁהּ הֲרֵי זוֹ אֲסוּרָה לְהִנָּשֵׂא לַנִּטְעָן שֶׁיָּצָאתָה מִתַּחַת בַּעְלָהּ בִּגְלָלוֹ. וְאִם נִשֵּׂאת לֹא תֵּצֵא אַף עַל פִּי שֶׁאֵין לָהּ בָּנִים:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If a woman who was divorced by her [first] husband for unsavory behavior marries another man and is later divorced by him, she is forbidden to marry the man because of whom she was divorced by her first husband. If, however, she marries him, he is not compelled to divorce her even though she has not borne him children.³⁷

footnotes:
³⁷ Although the couple are forbidden to marry, since there were no witnesses to the act of adultery, and the second marriage interposed, a more lenient ruling is given than that stated in Halachah 13.


###### Mishneh Torah, Woman Suspected of Infidelity 2:16
[Mishneh Torah, Woman Suspected of Infidelity 2:16](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Woman%20Suspected%20of%20Infidelity/r/2:16)

כָּל אִשָּׁה שֶׁבָּאוּ שְׁנֵי עֵדִים וְהֵעִידוּ שֶׁזִּנְּתָה עִם זֶה כְּשֶׁהָיְתָה תַּחַת בַּעְלָהּ הָרִאשׁוֹן הֲרֵי זוֹ תֵּצֵא מִזֶּה. וְאַף עַל פִּי שֶׁיֵּשׁ לָהּ מִמֶּנּוּ כַּמָּה בָּנִים. וְכָל מָקוֹם שֶׁאָמַרְנוּ תֵּצֵא תֵּצֵא בְּלֹא כְּתֻבָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Whenever two witnesses testify that, while she was married to another man, a woman committed adultery³⁸ 11:10 emphasizes that this law applies only when the woman willingly committed adultery. If she was raped while married to her first husband, she does not become forbidden to him. Moreover, she also does not become forbidden to the rapist, and if she is widowed or divorced, she is permitted to marry him. with the man to whom she is presently married, she must be divorced by her present husband even though she has borne him several children.
In all the instances where we said that a woman must be divorced, she is not entitled to receive [the money due her by virtue of] her *ketubah*.³⁹

footnotes:
³⁸ The Chelkat Mechokek
³⁹ For it is her immodest conduct that caused her to be forbidden.