Parshat Sota, "the suspected adulteress", continues to generate
controversy, both for the seeming disproportionate treatment of the wife
and for its apparent trial by ordeal method. Yet this law is often
misunderstood.
The Biblical focus on the wife in adultery stems from the fact that in
Biblical law a man may marry more than one woman at a time. The reverse
is not true in order to avoid patrimonial doubts. The woman in our story,
while not necessarily guilty of adultery, is not one of high moral caliber
either. Her flirtatious behavior has already led her husband to formally
warn her not to seclude herself with a certain man (in any event forbidden
as yichud). Disregarding his warning they again seclude themselves and
there is now a Halachic presumption that relations have taken place. If
this is the case her husband must divorce her. Thus the Sota procedures
come in order to permit husband and wife to remain together. According to
Levinas the importance of this procedure is that the case is taken out of
the husband's hands (who in the ancient world could simply murder his
wife), and placed in the responsibility of an outside judicial body.
In the Temple the Sota's hair is uncovered as a reflection of her immodest
behavior. From here the Rabbis learned that a married woman must cover
her hair when in public (completely according to the Chatam Sofer based
upon the Zohar, or all but a handbreadth according to Rav Moshe
Feinstein). The priest encourages her to admit her guilt if she is
guilty. If she does so she will need to divorce, but no other penalty
will be applied, as there is no independent testimony that she actually
committed adultery. If she insists upon her innocence she drinks water
from the laver (for which the women donated their mirrors, happily
accepting the law of Sota upon themselves) mixed with a drop of earth and
into which a scroll containing G-d's name has been inserted. This is the
source of the statement that G-d's name is erased to make peace between
husband and wife. While it is true that if she is guilty she dies a
supernatural death, this is hardly trial by ordeal, in which a suspected
witch was bound and thrown into the water. The assumption there was that
if she were innocent G-d would perform a miracle to save her. Naturally
she will die. Our situation is entirely different. Firstly it is she who
opts to drink the water despite encouragement not to. Secondly, the water
is not poisonous, so it requires a miracle on the part of G-d for her to
be punished. Naturally nothing will happen to her. If she drinks and is
found innocent, not only will she not die, but also she and her husband
will be blessed with a child. So powerful was this idea, that the
childless Chana "threatened" G-d that if she did not naturally conceive
she would become a Sota and "force His hand"!
The Rabbis added several insights to the above. Firstly, if she were
guilty, not only would she die, but her illicit lover as well, in the same
supernatural way. Secondly, if her own husband were also guilty of sexual
misconduct the waters would have no effect upon her. Regardless of his
own morality the Chizkuni faults him for letting the relationship
deteriorate to this extent. According to the Ramban the whole procedure
of Sota is a unique case in which the Tora relies on a miracle for
Halachic purposes. This is done not only to preserve a threatened
marriage, but also to help maintain a holy and modest society in which the
Shechina can dwell. It only worked at a time when Am Yisrael was
characterized by sexual purity. To our great consternation that is no
longer the case and Sota no longer exists. Nonetheless, the moral lessons
of modesty, the sanctity of marriage, the caution needed in dealings
between men and women and the extent to which we must go to preserve
shalom bayit, domestic tranquility, are every bit as relevant today as
they were in Biblical times.
Zvi Leshem
