1,990. Women Who are Excluded from Drinking

Hilchos Sotah 2:2

The following 15 women don’t drink the bitter water even if they and their husbands want them to do so. Rather, once witnesses testify that they have been secluded with the men after witnesses testify that a warning was issued, they are prohibited to their husbands and must be divorced without being paid the value of their kesubahs: a woman who was betrothed but whose marriage was not finalized; a yevama waiting for her late husband’s brother to perform yibum; a minor girl married to an adult male; an adult female married to a minor boy; the wife of a hermaphrodite; the wife of a blind man, or of a man who is disabled, who can’t speak, can’t hear, or whose hand has been severed; a disabled woman, or one who can’t speak, is blind, whose hand has been severed, or can’t hear. None of these women drink the bitter water.

Hilchos Sotah 2:3

The aforementioned women are excluded from drinking for the following reasons. Numbers 5:29 says, “When a woman strays while married to her husband.” “While married” excludes one who was betrothed but whose marriage wasn’t finalized and a yevama waiting for her late husband’s brother to perform yibum. "Her husband" excludes a minor girl married to an adult male. “While married to her husband” excludes an adult female married to a minor boy and the wife of a hermaphrodite since these aren’t men. Numbers 5:13 says, “It was hidden from the eyes of her husband,” which excludes the wife of a blind man. Numbers 5:18 says, “The kohein shall have the woman stand" – This excludes a disabled woman. “He shall place on her hand” excludes a woman who doesn’t have a hand or whose hand is deformed to the extent that she can’t hold with it. This is the case even if only one hand is in this state because the Torah uses the plural form. Numbers 5:22 says, “The woman shall say,” which excludes a woman who can’t speak. “He shall say to the woman” (verse 19) excludes one who can’t hear. “When a woman strays while married to her husband” teaches us that the woman must be in sound physical condition and that both the husband and the wife must possess all of these attributes, i.e., any defect that keeps her from drinking also keeps her husband from making her drink and any defect that keeps her husband from making her drink also keeps her from drinking.