How is it so simple to overlook the case in which a man is Kani l'Arusaso, and she is Nistarah k'she'Hi Arusah, but it is not discovered until after she is a Nesuah? Isn't he also Naki mi'Avon?
H. David Levine, Roanoke, VA; USA
David, Baruch She-kivanta! Your question is asked by Tosfos DH v'Nikah.
Tosfos answers that since at the time she was given to drink the water it was already known that she had been alone with the suspected man, this is not considered Naki mi'Avon. Even though the husband was Shogeg, by having relations with her, this is also considered a transgression.
This can be compared to someone who forgot it was Shabbos and put on the light. This is considered as Shogeg and if such a thing would happen in the time of the Beit Hamikdash he would have to bring a korban. Even though he did not do it deliberately he still requires the atonement of the sacrifice.
Good Shabbos
Dovid Bloom