Talmud sobre Números 5:13

MISHNAH: Just as the water checks her out so it checks him¹The wife’s paramour. It is moreover stated in Halakhah 9:9 (Babli 28a) that the procedure becomes inactive if the husband had ever misbehaved sexually. out, as it is said, “it will come, it will come”. Just as she is forbidden to the husband so she is forbidden to her paramour as it is said, “she was impure, she was impure,” the words of Rebbi Aqiba²This will be explained in the Halakhah.. Rebbi Joshua said, that was the inference of Zachariah the butcher’s son³An early Tanna, student of Rabban Joḥanan ben Zakkai.. Rebbi said, the two times it said, “she became impure, she became impure,” once for the husband and once for the paramour⁴In Num. 5:13,14 it is stated twice “she became impure”, meaning “she became forbidden”; cf. Chapter 4, Note 75, and the Introduction..

If [after betrothal the woman] was raped, she is permitted to him,⁵Cf. Deut. 22, 23-27. but should she have been a willing party she is forbidden to him. If she is the wife of a kohen, she is forbidden to him whether [it happened] under force or with her consent. [For it is stated, And she be not seized⁶Num. 5, 13, E.V. neither she be taken in the act. The phrase is interpreted by the Rabbis in the sense that she did not act under compulsion but willingly, referring to a married woman who was defiled secretly without witnesses to testify against her.—[only then] is she forbidden; if, however, she was seized⁷i.e. violated by force. she is permitted. There is another class of woman who is forbidden [to her husband] even though she had been seized; and who is that? The wife of a kohen.⁸Cf. Yeb. 56b (Sonc. ed., p. 378), Keth. 51b (Sonc. ed., p. 298). R. Ishmael⁹According to R. Ishmael there is no distinction between the wife of a kohen and a lay-Israelite in the case of rape. said: And she be not seized she is forbidden; consequently if she had been seized she is permitted. There is another class of woman who is permitted [to her husband] even if she had not been seized; and who is that? A woman whose betrothal was mistaken.¹⁰If, e.g., a condition were attached to the betrothal that remained unfulfilled. In such a case the woman may leave her husband without a geṭ, and in any subsequent intercourse, whether forced or willing, her status is that of an unmarried woman who had never been previously married. The passage within brackets is added by GRA and is necessary, otherwise R. Ishmael would be contradicting himself. Cf. Yeb. 100b (Sonc. ed., p. 692), Keth. loc. cit.]
If a divorcee who became betrothed was seduced, whether under force or of her free will, she is forbidden to return to her former husband.¹¹If her second husband subsequently died or divorced her. She is, however, permitted to remarry her former husband after betrothal alone, where no marriage with the second man took place and he died. This is the opinion of R. Jose b. Ḳippar in the name of R. Eleazar b. Shammua‘. This is the reasoning by which R. Jose b. Ḳippar expounded his view:¹²This is the reading of GRA as against V and H, who name R. Ishmael as the authority. [It is written,] Her former husband, who sent her away, may not take her again to be his wife, after that she is defiled.¹³Deut. 24, 4. In what circumstances did she become defiled?¹⁴If she was legally married to the second husband the term defiled is inapplicable. It can only be explained by what the Sages have said: If a woman [after betrothal] was forcibly seduced, she is permitted to [her husband]; if she was a willing party she is forbidden to him; but in this case,¹⁵Of the divorcee who became betrothed and was then seduced. This is the reading of GRA. V and H have ‘the wife of a kohen’. whether under compulsion or of her free will she is forbidden to return to her former husband.¹⁶So GRA. V and H ‘to him’.

HALAKHAH: “If a single witness said ‘I saw her when she became impure’,” etc. “And there is no witness against her²¹Num. 5:13.”; not only a witness [of good standing], from where even a male or female slave? The verse says, “and there is no witness against her”, any one²²This follows R. Aqiba, who interprets every “and” as an addition [more explicitly Num. rabba 9(6)].. And following Rebbi Ismael? As Rebbi Ismael said²³In the Babli, 31b and Sanhedrin30a, and Sifry Num. 7, this is quoted as everybody’s opinion., at any place where the Torah mentions “a witness”, in principle that means two witnesses unless the verse makes it clear that he is a single witness. It was found stated: Rebbi Ismael says two witnesses²⁴This seems to be the opinion of the Tanna of Sifry Num. 7. The Babli, 31b, explains the problem away by reading the verse “and two witnesses are not against her,” meaning that one is. If one does not need two witnesses, one does not need quality witnesses..

There⁹⁷Mishnah Keritut 2:4. “Incest” always includes adultery., we have stated: “In all matters of incest, He made him who touches⁹⁸The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11. equal to him who completes and one is guilty for each single intercourse⁹⁹This refers to the rules concerning a slave girl (Lev. 19:20–22) who according to some opinions is partially manumitted (cf. Babli Keritut11a.). The Babli’s tradition eliminates the rules from practical importance by restricting them to a girl living with a Hebrew slave. Since the institution of Hebrew slaves was abolished with the Babylonian exile, never to be reinstituted, the frequent discussions of the rules are purely theoretical. However, in Sifra Qedošim Pereq 5(1), at least one opinion describes the slave girl engaged to a free man in the expectation of her manumission.
As a slave, the girl can not marry and therefore she is free to have guiltless sex with any man not a Jew (cf. Terumot Chapter 8, Note 347). Upon manumission, she becomes a free Jewish woman and able to contract a valid marriage with any Jew who is not a priest. She is permitted to live with a Hebrew slave (Ex. 21:4). Since her relationship with the slave is not a marriage, her affair with another man is not adultery. From the man’s side, the affair with the slave girl is the only sin which can be atoned for by a sacrifice if committed intentionally. A purification sacrifice is possible only for inadvertent sins; the relation with the semi-free girl can be atoned for by a reparation sacrifice. (An intentional sin can only be cleansed by God’s mercy in response to repentance.) For inadvertent sins, a purification sacrifice is due for each single transgression; one reparation sacrifice covers the entire affair.. 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 ejaculates¹⁰⁰Lev. 19:20: “If a man sleep with a woman by flow of semen …” The intercourse of a free man with the slave girl is not punishable unless there was an ejaculation.. Here is written “flow of semen”, and here is written “flow of semen.¹⁰¹In the case of the straying wife, Num. 5:13 reads: “A man slept with her with flow of semen.” Nevertheless, the wife becomes impure and forbidden to her husband already if her paramour’s penis touches her genitals. This seems to contradict our principle that equal expressions used in different circumstances must have equal meanings.” Here¹⁰²In the case of the slave girl., you say “flow of semen” until he ejaculates. And here¹⁰³In the case of the straying wife., you say so? Rebbi Yose said, there is a difference, for it is written¹⁰⁴Num. 5:13.: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here¹⁰²In the case of the slave girl., “flow of semen,” until he ejaculates. For what reason is written¹⁰³In the case of the straying wife. “flow of semen”? For measures¹⁰⁵To measure how long the wife must be hidden together with her paramour to be impure and subject to the ordeal. In another connection this is quoted in the Babli, 2b., as it is stated¹⁰⁴Num. 5:13.: “She was hidden and became impure”; what is counted as hiding¹⁰⁶Babli 4a. The Babli discusses why all these expressions have to be used.? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’⁹⁸The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11..

MISHNAH: It would have been logical: Since the first testimony,⁴³As the Halakhah explains, the first testimony is the testimony about the wife’s going to a secluded place, where R. Joshua requires two witnesses of good standing. The last testimony is that of adultery, where the preceding Mishnaiot accept even the proverbial “bird flying by”. The confirmation is the acceptance of the testimony by a competent court. which does not forbid her permanently, is not confirmed if not from two [witnesses], the last testimony,⁴³As the Halakhah explains, the first testimony is the testimony about the wife’s going to a secluded place, where R. Joshua requires two witnesses of good standing. The last testimony is that of adultery, where the preceding Mishnaiot accept even the proverbial “bird flying by”. The confirmation is the acceptance of the testimony by a competent court. which forbids her permanently, should reasonably only be confirmed by [witnesses]. The verse says: “There is no witness about her⁴⁴Num. 5:13.”, any kind of testimony about her.
⁴⁷This is the second half of Mishnah 3. There would now be an argument de minore ad majus for the first testimony! Since the last testimony, which forbids her permanently, is confirmed from a single witness, the first testimony, which does not forbid her permanently, should logically be confirmed from a single witness. The verse says, “for he found out about her a matter of sexual misbehavior,⁴⁸Deut. 24:1. For the House of Shammai, this is the only reason admitted for a divorce (Mishnah Giṭṭin 9:10); for the House of Hillel, this is a reason why there must be a divorce.” and further, it says, “by the mouth of two witnesses a matter should be confirmed.⁴⁹Deut. 19:15. The verse proves that in any judicial proceedings, דבר means a proof by two witnesses. Since the husband cannot make his wife drink unless he presents his case to the Temple court, all judicial rules apply here. But a divorce because of the wife’s adultery can be given by the husband on his own (even though to deprive her of her ketubah after the divorce he needs the judgment of a court.)”

How could one state this Mishnah¹⁸²Mishnah 7, just quoted. In the tradition of the Babli and of the independent Mishnah mss., Mishnah 7 is part of Mishnah 6. Then one has a real problem, since in our interpretation Mishnah 6 is R. Aqiba’s and Mishnah 7 the rabbi’s.? Not the rabbis nor Rebbi Aqiba! But it is as follows. He who says that she is permitted to her house [follows] the rabbis against Rebbi Aqiba¹⁸³Then Mishnah 7 has to be separated from Mishnah 6 as in the Yerushalmi text.. He who says that she is forbidden to her house [follows] Rebbi Aqiba against the rabbis¹⁸⁴There is no problem; Mishnah 7 is part of Mishnah 6.. Rebbi Yannai said, a woman waiting for her levir who whored is permitted to her house¹⁸⁵R. Yannai is the one who in the preceding paragraph had stated that a woman waiting for her levir is unable to contract a marriage outside the family. He will also hold that contracting such a marriage is a criminal act since that is formulated as a prohibition in Deut. 25:5. As R. Yose bar Abun notes here, the prohibition covers only marriage, not extramarital relations.. One had stated this: “It was hidden from her husband’s eyes¹⁸⁶Num. 5:13. This baraita is not found in any other source. In a later paragraph, the expression quoted is interpreted to mean that a blind man cannot declare his jealousy and in Sifry Num. 7 that if the husband ever had looked the other way he never again could invoke the procedure of the suspected wife.,” not from her levir’s eyes. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It happened, she was the wife of a Cohen, and they permitted her to her house. Rebbi Yose ben Rebbi Abun said, no whipping is involved.

“It was hidden from her husband’s eyes¹⁹⁹Num. 5:13.”, that excludes the blind man who has no eyes²⁰⁰Tanḥuma Naśo 7, Tanḥuma Buber Naśo 11 (Note 62); Sifry Num. 7, Sifry zuṭa Naśo; Num. rabba 9(36); Babli 27a (the only other source which also includes the blind wife).. It is the same for the blind man and the blind woman. This baraita follows Rebbi Jehudah who frees him from all obligations in the Torah²⁰¹Quoted also in Babli Qiddušin31a. Since some of the great Babylonian authorities were blind (Rav Sheshet and Rav Yoseph), practice does not follow R. Jehudah. (Nevertheless, Maimonides disqualifies the blind man from the ceremony of the suspected wife)..

HALAKHAH: “If a man’s wife went overseas,”, etc. It is written: “If a man slept with her;¹³⁴Num. 5:13; written in the paragraph about the wife suspected of unfaithfulness, from where one infers that an adulterous wife is forbidden to her husband. It is implied here that an action of the husband has no influence on her status (but in the paragraph after the next it is pointed out that the husband’s action may forbid him to her). Sifry Num. 7 (an involved argument in the style of the paragraph after the next), a short parallel in the Babli, 95a.” her sleeping prohibits her, the sleeping of another woman does not prohibit her. There, it also says “replacing your husband,” that excludes rape cases¹³⁵She is forbidden only if her paramour replaces the husband, i. e., if she sleeps with him voluntarily..

Ten words in the Torah are marked with dots. They are as follows: 1. “The Eternal will judge between me and you” (Genesis 16:5). There is a dot above the letter yod in the term, “and you.” This teaches that Sarah did not say this to Abraham, but to Hagar. Some say that it means she was speaking about those who caused the fighting “between me and you.” 2. “They said to him, Where is Sarah?” (Genesis 18:9). There are dots above the letters aleph, yod, and vav in the term, “to him,” to indicate that they already knew where she was, but they nevertheless inquired about her. 3. (There is a dot on the verse,) “When she lay down and when she arose” (Genesis 19:33). There is a dot above the letter vav in the term, “When she arose” the first time it is used [with regard to Lot’s older daughter]. This teaches that he was not aware of what happened until the (younger daughter) arose. 4. “And Esau ran to greet him, and he hugged him, fell on his neck, and kissed him” (Genesis 33:4). The term for, “and kissed him,” has dots above every letter, to teach that he did not kiss him sincerely. Rabbi Shimon ben Elazar would say: It means that this kiss was sincere, but every other one he gave Jacob was not. 5. “His brothers went to shepherd their father’s flocks in Shechem” (Genesis 37:12). There are dots on the word just before “flocks.” This teaches that they did not actually go to shepherd the flocks, but to eat and drink (and indulge their temptations). 6. “All the Levites who were recorded, whom Moses and Aaron recorded” (Numbers 3:39). There are dots above Aaron’s name. Why? To teach that Aaron himself was not counted in this record. 7. “On a long journey” (Numbers 9:10). There is a dot above the letter hei in the word “long.” This teaches that this does not really mean a long journey, but any exiting the boundaries of the outer court of the Temple. 8. “We caused destruction all the way up to Nophach, which reaches into Medeba” (Numbers 21:30). There is a dot above the letter reish in the word “which.” Why? To teach that they destroyed the idolaters but not the countries themselves (whereas the practice of idolaters was to destroy entire countries). 9. “A tenth, a tenth for each” (Numbers 29:15). [This verse delineates the meal offering that accompanies the burnt offering] on the first day of the Sukkot festival. There is a dot above the letter vav in the [first occurrence of the] word “tenth.” Why? To teach that there is only one-tenth [measure] for each. 10. “The hidden things are for the Eternal our God, and the revealed things are for us and our children forever” (Deuteronomy 29:30). There are dots above the words “for us and our children,” and above the letter ayin in the word “forever.” Why? For this is what Ezra said: If Elijah comes and says to me: Why did you write it this way? I will say to him: I have already put dots above these words [to indicate I was not certain it was correct]. But if he says to me: You wrote it correctly, then I will remove the dots.
There are eleven instances in the Torah where the Hebrew word for “she,” היא, is written as הוא (which means “he” or “it”) but vocalized to mean “she.” The first is: “The King of Bela, he is [i.e., “she is”] Tzur” (Genesis 14:1). The second: “He himself said to me, ‘She is my sister,’ and SHE also said, ‘He is my brother’” (Genesis 20:5). The third: “As she was being brought out, SHE sent a message to her father-in-law, saying” (Genesis 38:25). The fourth: “If one of your animals of which it is [i.e., “she is”] used for food dies” (Leviticus 11:39). The fifth: “And it [i.e., “and she”] has turned the hair white” (Leviticus 13:10). The sixth: “If the priest sees it…and it [i.e., “and she”] has faded” (Leviticus 13:21). [The seventh: “It (i.e., “she”) shall be a Sabbath of complete rest for you” (Leviticus 16:31). The eighth: “And SHE sees his nakedness” (Leviticus 20:17). The ninth: “SHE has disgraced her father” (Leviticus 21:9). The tenth: “And SHE has kept secret, and defiled herself (and she was not caught)” (Numbers 5:13). The eleventh: “A spirit of jealousy has passed over him, and he is jealous of his wife…but SHE has not defiled herself” (Numbers 5:14).