TAKING HER TO YERUSHALAYIM
(Mishnah): (After warning and seclusion), the husband takes his wife to the local Beis Din. They send two Chachamim to accompany them on the way to Yerushalayim, lest he have Bi'ah with her on the way (which is forbidden, and would prevent the water from testing her).
R. Yehudah says, this is not needed. He is trusted not to have Bi'ah with her.
(Gemara): Including the husband, there are three men in all.
Suggestion: This supports Rav Yehudah;
(Rav Yehudah): Two men may be secluded with a woman only in town. On the road, three men are required.
If there were only two, if one needs to relieve himself, the other will be secluded with her!
Rejection: No. We send two with them so they can testify (if he has Bi'ah with her).
Inference: The Mishnah says that Chachamim must accompany them. We may not send commoners.
Suggestion: This supports another teaching of Rav Yehudah:
(Rav Yehudah): Two men may be secluded with a woman only if they are proper. If they are lewd, even 10 men may not be secluded with her.
A case occurred in which 10 men took a woman out in a coffin to have Bi'ah with her!
Rejection: No. We send Chachamim so they can warn him (that if he has Bi'ah with her, the water will not test her).
(Mishnah - R. Yehudah): This is not needed. Her husband (is trusted...)
(Beraisa - R. Yehudah): A Kal va'Chomer shows that the husband is trusted:
Nidah is Chayavei Kerisus, yet a man is trusted to be secluded with his wife when she is Nidah. Sotah is only a Lav, all the more so he is trusted to be alone with her!
Chachamim hold that he is trusted with a Nidah only because the punishment is severe. Sotah is light in his eyes!
Contradiction: In this Beraisa, R. Yehudah learned from a Kal va'Chomer. Elsewhere, he learns this from a verse!
(Beraisa): "He will bring his wife to the Kohen" - the Torah trusts a man to bring his wife alone, but Chachamim enacted that two Chachamim accompany them, lest they have Bi'ah on the way;
R. Yosi says, a Kal va'Chomer shows that he husband is trusted:
A man may be secluded with his wife when she is Nidah, which has Kares. Sotah is only a Lav, all the more so he is trusted to be alone with her!
Chachamim: No. He is trusted with a Nidah, since she will again become permitted to him. A Sotah might never become permitted! Also, "stolen waters (i.e. Aveiros) are sweet."
R. Yehudah says, the Torah trusts a man to bring his wife alone - "he will bring his wife."
Answer: First, R. Yehudah said the Kal va'Chomer. After Chachamim rejected it, he brought a proof from the verse.
Question: R. Yehudah agrees with the first Tana!
Answer: The first Tana holds that mid'Rabanan, two Chachamim must accompany them. R. Yehudah disagrees.
BEFORE SHE DRINKS
(Mishnah): They take her to the great Beis Din in Yerushalayim and intimidate her, like we threaten witnesses in capital cases.
They say to her 'wine, frivolity, youth and bad neighbors can cause many things. Admit for the sake of Hash-m's great name, so it will not need to be erased.'
They say to her things not fit for her and her family to hear.
If she confesses, she writes a receipt for her Kesuvah (i.e. that she is not entitled to it) and leaves.
If she says that she is Tehorah, they take her to the east gate (of Har ha'Bayis), and then to the Nikanor Gate.
That is where Sotos drink, and where we are Metaher women who gave birth and Metzora'im.
The Kohen grabs her garments. We are not concerned if they tear at the seams or in the garment itself.
He reveals her heart and unbraids her hair;
R. Yehudah says, if her heart or hair is attractive, he does not reveal or unbraid it.
If she was dressed in white clothing, she must change to black clothing. If she was wearing gold jewelry, necklaces and rings, we remove them, to disgrace her.
A Mitzri rope is tied above her breasts.
Anyone who wants to see her is permitted, except for her slaves, because she is unlikely to admit in front of them;
All women are allowed to see her - "all the women will be chastised, and will not do like her harlotry."
(Gemara) Question: What is the source that the great Beis Din is required?
Answer (R. Chiya bar Gamda): We learn from a Gezeirah Shavah "Torah-Torah".
It says about a Sotah "the Kohen will do this Torah (procedure) to her", like it says about a Chacham who opposes the Sanhedrin, "according to the Torah that they will teach you."
Just like there, he must oppose the Beis Din of 71, also here.
(Mishnah): We intimidate her...
Contradiction (Beraisa): Just like we intimidate her not to drink, we intimidate her to drink.
We tell her 'if you know that you are innocent, drink! The water is like a dry salve placed on bare skin. If there is a wound there, it penetrates and descends [into the body]. If there is no wound there, it does not do anything.'
Resolution: Before the scroll is erased, we intimidate her so she will not drink. After it is erased, we intimidate her so she will drink.
THE GREATNESS OF CONFESSION
(Beraisa): We tell her about Tzadikim in the Torah who confessed.
Yehudah confessed (about Tamar), he was not ashamed. In the end, he inherited life in the world to come. The same applies to Reuven (he confessed to moving Yakov's bed).
Question: What was their reward?
Objection: The Beraisa said that they inherited the world to come!
Answer: We ask what reward they received in this world.
Answer: "To them alone was given Eretz Yisrael; a stranger did not come between them." (Rashi - Yehudah received kingship, and Reuven was the first Shevet to get a share of Eretz Yisrael. Tosfos - in the future division of Eretz Yisrael, they will be neighbors - Yechezkel 48:7.)
Yehudah's admission is explicit - "Yehudah recognized the signs, and said 'she is more righteous than me.'"
Question: Where do we find that Reuven admitted?
Answer (Rav Shmuel bar Nachmani): "Reuven will live and not die. And this is to Yehudah" - all the years in the wilderness, Yehudah's bones were rolling in his coffin, until Moshe asked Hash-m to have mercy on him.
Moshe: Yehudah caused Reuven to admit. (Is it proper that Reuven is intact,) "and this is to Yehudah" (that his bones are rolling)?!
Moshe continued: "Hear, Hash-m, the voice of Yehudah" - his bones came together, but he was denied entrance to the Yeshiva in Shamayim.
"Bring him to his nation" - he was allowed in, but he could not understand the arguments.
"His hands are great for him" - he could understand, but he could not reach the correct law.
"He will have help from his adversaries" (he reached the correct Halachah).
Question: Granted, Yehudah admitted so that Tamar would not be burned;
Why did Reuven admit?
Answer: This was so his brothers would not be suspected.
IF SHE ADMITS
(Mishnah): If she says that she is Temei'ah (she gives her husband a receipt for the Kesuvah).
Suggestion: This shows that a borrower must accept a receipt.
Rejection #1 (Abaye): No. The Mishnah should say 'she tears her Kesuvah.'
Objection (Rava): Do not change the Mishnah. It says that she writes a receipt!
Rejection #2 (Rava): Rather, the Mishnah discusses a place where Kesuvos are not written. (All agree that when there is no alternative, we write a receipt.)