The Rambam Laws of Sotah (3:20) brings the law that if the
woman has a zechut she gets weak and eventually dies. This is the opinion of Rebbe in the Mishna (ibid.) In Law 21 he says that if she survives the
water she is permitted, indicating even when she becomes weak when we know she
is tameh. It is clear the Rambam
understands the waters serve as a matir to permit the woman even if we
know she is tameh. On the other
hand, Tosfos (ibid) says that if we know that she is tameh because she
is growing weaker, then she is prohibited. Clearly, he holds it functions as a birur.
Thursday, June 13, 2019
Water: בירור or מתיר
The sotah drinks the water and is acquitted. There are two ways to understand this
process. It may function as a בירור
that she is innocent and hence she is permitted to her husband or it may be an
automatic מתיר. What is the difference between these two
understandings? If there is room to
suspect that even after surviving the water, she is really guilty. The Mishna in Sotah 22b brings opinions that if
there are possibilities of some good deeds allowing the woman to survive even for
up to many years after drinking the water. If the drinking of the water merely serves
to determine the status of the woman, but doesn’t create an automatic heter why
shouldn’t we suspect that she is really guilty, but there is a זכות that allowed her to remain alive? Tosfos (6b
bottom) brings from the Yerushalmi that has a derash that we don’t have
to assume that she is still alive because of some זכות.
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