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3 Nat'l Jewish L. Rev. 49 (1988)
The Case of the Sotah in Jewish Law: Ordeal or Psychodrama

handle is hein.journals/natjlr3 and id is 57 raw text is: THE CASE OF THE SOTAH IN JEWISH LAW: ORDEAL OR PSYCHODRAMA? EMANUEL RACKMAN* I. INTRODUCTION The rabbis of the talmudic period often differed with each other in interpreting the Scripture, and many times arrived at mutually contradic- tory conclusions. Lex talionis is the best known example of the rabbis interpreting the Scripture in a manner inconsistent with its literal mean- ing. It was speculated that perhaps the biblical command of an eye for an eye' required exact retribution, but it was held that it called for mon- etary compensation.2 It was even suggested that the offender choose which punishment he preferred.' Less known but no less sharp is the controversy with regard to the beautiful captive.' A dispute existed as to the very nature and purpose of the law which was only articulated clearly in its details. The rabbis differed on the issue of whether she was to cut her nails or let them grow. This minor dispute was fundamental in understanding whether the beautiful captive was to remain voluntarily in the home of her captor, or not. One rabbi held one view; another rabbi held the opposite.' It is the thesis of this essay that the rabbis also held antithetical views regarding the ritual of the sotah,6 the indiscreet wife. One group main- tained that the ritual was an ordeal by which God's intervention proved her guilt or innocence. The other group did not clearly state its rejection of this view, but all its prescriptions indicate such a stance. This latter group of rabbis were not free to verbalize why they did not accept the supernatural approach for they feared that public criticism of the super- natural approach would have vitiated the value of the sotah ceremony as they perceived it. Even for them, however, the ceremony had great pro- bative and social significance. They instead adopted legislation which converted this apparent ordeal into a pseudo-judicial event designed to extract a confession from the accused if she was guilty, whereupon she would be divorced and would only forfeit her monetary rights under her * Chancellor, Bar-Ilan University, Ramat Gan, Israel. The author graciously acknowledges the invaluable assistance of Michael J. Broyde. 1. Exodus 21:24; Leviticus 24:20; Deuteronomy 19:21. 2. BABYLONIAN TALMUD, Bava Kamma 83b-84a; 12 ENCYCLOPEDIA TALMUDIT 695 (1974). 3. Id. at 83b. 4. Deuteronomy 21:10-14. 5. BABYLONIAN TALMUD, Yevamot 48a. 6. Numbers 5:11-31. The noun sotah is derived from the Hebrew verb sth, to deviate. 49

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