1,995. When a Woman Doesn't Drink for Whatever Reason

Hilchos Sotah 2:12

Let’s say that a warning was issued and the woman entered seclusion with the object of the warning but she didn’t drink the bitter water for whatever reason – her husband didn’t want her to drink, she declined to do so, a witness testified that she committed adultery, she was one of the women who don’t drink, or the warning was issued by the court rather than the husband. In all of these cases, since she becomes prohibited to her husband, she also becomes prohibited to the man with whom she was secluded. If the other man violates the law and marries this woman, they are forced to separate even if they’ve had many children together. We have a tradition that a woman who has committed adultery is prohibited both to her husband and to the adulterer.

Hilchos Sotah 2:13

Let’s say that a woman wasn’t warned but witnesses testified that she was secluded with a man and they then saw evidence of misbehavior, such as they went in after that man and saw the woman tying her belt, they found moist saliva on the bed, etc. If the woman’s husband divorces her because of this report, she may not marry the man with whom she is suspected of wrongdoing. If they violate the law and marry, they are not forced to separate if they have had children together; if they have not had children together, then they are compelled to separate.