2,702. Sotah Witnesses and an Oath of Testimony

Hilchos Shevuos 10:7

Let’s say that witnesses saw a man warn his wife about seclusion with another man, or they saw her seclude herself with that man. The husband calls the witnesses to testify and they deny having information with an oath. In such a case, they’re not liable for an oath of testimony because, if they had testified, it wouldn’t have resulted in a monetary settlement. Rather, it would have led to the wife drinking the bitter waters. While this may lead to the wife forfeiting the value of her kesubah if she declines to drink, something that could result in a financial case is not itself a financial case; after all, she might choose to drink and thereby not forgo the value of her kesubah.

Hilchos Shevuos 10:8

Let’s say that a man warned his wife about seclusion with another man, after which she secluded herself with that man in the sight of two witnesses. Finally, she committed adultery in the sight of one witness after receiving a warning and entering seclusion. If the woman’s husband imposed an oath on this lone witness to testify and he denied having information, he’s liable for an oath of testimony. Even though he’s a lone witness, if he would testify, the woman would be divorced without receiving the value of her kesubah as was discussed in Hilchos Sotah.