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Mishnayos Sotah Perek 2 Mishnah 6

סוטה פרק ב׳ משנה ו׳


All agree that he may stipulate with her through this oath neither with regard to what she did before becoming be-trothed to him, nor with regard to what she will do after she becomes divorced from him. Similarly, if a husband divorced his wife, and while divorced she secluded herself with another man and became defiled, and afterward her husband took her back and remarried her, and he then warned her about a specific man, and she secluded herself, and she is now about to drink the water of the sota, he cannot stipulate with her that she take an oath that she did not become defiled during the period in which she was divorced. This is because her husband would become forbidden to her only if she had married another man after being divorced, not if she merely committed an act of promiscuity. This is the principle: In every case where if she would engage in sexual intercourse with someone else she would not become forbidden to her husband due to this act, he may not stipulate with her that her oath include that act. The oath can include only cases in which she would be rendered forbidden to him.

הַכֹּל שָׁוִין שֶׁאֵינוֹ מַתְנֶה עִמָּהּ לֹא עַל קֹדֶם שֶׁתִּתְאָרֵס וְלֹא עַל מֵאַחַר שֶׁתִּתְגָּרֵשׁ. נִסְתְּרָה לְאַחֵר וְנִטְמֵאת וְאַחַר כָּךְ הֶחֱזִירָהּ, לֹא הָיָה מַתְנֶה עִמָּהּ. זֶה הַכְּלָל, כֹּל שֶׁתִּבָּעֵל וְלֹא הָיְתָה אֲסוּרָה לוֹ, לֹא הָיָה מַתְנֶה עִמָּהּ:


ולא משנתגרשה – for if she ran about as a prostitute–was unchaste after she was divorced, and he retracted [from his decision to divorce her] and restored her [as his wife] and he was jealous of her, and she retired with a man under suspicious circumstances, the [bitter] waters do not examine her on prostitution that is after divorce, for the divorced woman who engaged in prostitution is permitted to return to her husband, for the All-Merciful (i.e., God) suspended [the prohibition] on Kiddushin–betrothal, [not] on intercourse, as it is written (Deuteronomy 24:2): “She leaves his household and becomes the wife of another man.” Therefore, when she was betrothe to another man, even though she had not had sexual intimacy, she is prohibited to return to her husband, but if she had sexual intercourse without Kiddushin–betrothal, she is permitted to return to her husband.

ולא משנתגרשה שאם זנתה לאחר שגירשה וחזר והחזירה וקינא לה ונסתרה, אין המים בודקים על זנות שלאחר גירושין, דגרושה שזנתה מותרת לחזור לבעלה, דבקדושין תלה רחמנא האיסור לא בביאה, דכתיב (דברים כ״ד:ב׳) ויצאה מביתו והלכה והיתה לאיש אחר. לפיכך, נתקדשה לאיש אחר, אע''פ שלא נבעלה. אסורה לחזור לבעלה. ואם נבעלה בלא קדושין, מותרת לחזור לבעלה: