2,213. Doubts Regarding a Sotah

Hilchos Issurei Biah 18:11

Pursuant to the previous halacha, if a girl’s father betrothed her to a Yisroel when she was younger than three and, upon marriage, her husband claims that he found she had engaged in intimacy before, she is prohibited to him because there’s only one doubt involved, i.e., the question of whether she participated willing or unwillingly. We rule stringently in cases of doubt regarding a Biblical prohibition.

Hilchos Issurei Biah 18:12

If a woman was warned by her husband against seclusion with a certain man and she entered into seclusion with him but she didn’t drink the sotah water, she is prohibited to marry a kohein. This is because the question of whether or not she’s a zonah has not been resolved. This is the case regardless of whether she declined to drink, her husband declined to make her drink, testimony precluded her drinking, she was warned by the court or she was one of the woman not qualified to drink. Regardless of why she didn’t drink, she may not marry a kohein due to the unresolved doubt.