Sotah 32a (לב.) — the Talmud in English

And here, with what are we dealing?

The statement in the Mishna that two witnesses contradict one witness one after the other, whereas one witness cannot contradict two witnesses even simultaneously, was established as referring to witnesses who are disqualified.

It is referring

to a case where a woman came first.

The witness who testified that she had become defiled was disqualified, such as a woman. Concerning this, we learned that two disqualified witnesses are trusted to contradict him even one after the other, since with regard to disqualified witnesses we follow the majority. Likewise, what we learned—that one witness cannot contradict two witnesses even simultaneously—refers to one disqualified witness who came to contradict the testimony of two disqualified witnesses, since with regard to disqualified witnesses we follow the majority.

And resolve Rabbi Neḥemya’s statement as follows:

Rabbi Neḥemya’s words should be emended in this manner:

Rabbi Neḥemya says: Wherever the Torah rendered one witness credible,

such as in the testimony concerning a sota,

follow the majority of opinions,

so that if there are contradictory testimonies, we follow the majority.

And

therefore,

they made

in this testimony

two women

who testify

concerning one woman

against one woman,

like two men

who testify

concerning one man

against one man, for the statement of one does not prevail against two. Here as well, the statement of one woman does not prevail against two women.

And although here there is not the status of two witnesses as there is with valid testimony, nevertheless, we follow the majority of opinions. The same law applies when three women oppose two women: the three are trusted.

But two women

who testify

concerning one man

against one valid man: we do not follow the majority of opinions. Rather,

it is considered half against half,

for the force of one valid witness is equivalent to that of many disqualified witnesses; and one valid witness can contradict many disqualified witnesses simultaneously, whereas many disqualified witnesses cannot contradict one valid witness one after the other.

And we raised an objection:

And why do I need two statements concerning disqualified witnesses?

The Mishna teaches two laws: one, that two disqualified witnesses contradict one disqualified witness even one after the other; and the other, that one disqualified witness cannot contradict two disqualified witnesses even simultaneously. Seemingly, one of the two laws is superfluous, since both are based on the same principle: with regard to disqualified witnesses, we follow the majority of opinions.

And we answered:

Lest you say: When we follow the majority of opinions,

if we had learned only the first law, I would say that when do we follow the majority? Only

to be stringent,

to require her to drink, as in the case where two disqualified witnesses contradict one witness who testified that she had become defiled, and she reverts to her previous status, in which she must drink.

But to be lenient,

to exempt her so that she need not drink—as in the second case, where one disqualified witness comes to contradict two disqualified witnesses simultaneously—

we do not follow

the majority of opinions, saying that the one witness cannot contradict the statements of the two and that their testimony remains valid, so that she does not drink. Rather, since there is some contradiction of their words, their testimony is contradicted from the outset, and the woman remains in her previous status: it is uncertain whether she became defiled, and she drinks in order to clarify the uncertainty.

This teaches us

that the tanna needed to teach us that even in such a case we follow the majority of opinions, and one disqualified witness cannot contradict the testimony of two disqualified witnesses even simultaneously. It has thus been established that she became defiled, and she does not drink.

In summary:

a. If a witness testified that she became defiled and his fellow contradicted him, if he contradicted him simultaneously, his testimony is invalid; but if he contradicted him one after the other, his testimony remains valid.

b. If a valid witness testified that she became defiled and two valid witnesses contradicted him, even if they did so one after the other, his testimony is invalid. c. If a valid witness testified that she became defiled and two disqualified witnesses contradicted him one after the other, two formulations were stated in the Gemara according to Rabbi Neḥemya. According to the first formulation, his testimony is invalid, since we follow the majority of opinions; according to the second formulation, a valid witness is considered equivalent to many disqualified witnesses, and his testimony remains valid.

d. If a disqualified witness testified that she became defiled and two disqualified witnesses contradicted him, even if they did so one after the other, his testimony is invalid, since we follow the majority of opinions.

e. If two disqualified witnesses testified that she became defiled and one valid witness contradicted them simultaneously, according to the first formulation their testimony remains valid, since we follow the majority; according to the second formulation, their testimony is invalid, since one valid witness is equivalent to many disqualified witnesses.

f. If two disqualified witnesses testified that she became defiled and one disqualified witness contradicted them simultaneously, their testimony remains valid, since we follow the majority of opinions.

g. Wherever we have said that his testimony remains valid, the woman does not drink; rather, she is permanently forbidden to her husband.

h. Wherever we have said that his testimony is invalid, she drinks in order to clarify the uncertainty.

The way has been completed, chapter “One Who Warned”

Mishna:

These

mitzvot that are dependent on speech

are recited in any language:

the passage concerning the sotah,

the oath and the curse, are recited in any language.

The declaration concerning the tithe,

is what the Torah states [Deuteronomy 26:12]: “When you have finished tithing all the tithes of your produce in the third year, the year of the tithe [when you finish separating the tithes of the third year, it established the time for the removal and declaration as the eve of Passover of the fourth year], and you have given it to the Levite [the first tithe], to the stranger, the orphan, and the widow [the poor tithe], and they shall eat within your gates and be satisfied; and you shall say before the Lord your God: I have removed the sacred thing from the house [this is the second tithe that he brought up to Jerusalem], and I have also given it to the Levite [this is the first tithe], to the stranger, the orphan, and the widow [this is the poor tithe], according to all Your commandments that You commanded me [that I gave them in their proper order]. I have not transgressed Your commandments [by separating from one species for another], and I have not forgotten [to recite a blessing over the separation of terumot and tithes]. I have not eaten of it in my mourning [I did not eat from the second tithe in a state of mourning], and I have not removed any of it while impure [whether I was impure and it was pure, or it was impure and I was pure], and I have not given any of it for the dead [I did not make from it a coffin or shrouds for the dead]. I have obeyed the voice of the Lord my God [to bring it to the chosen House]; I have done according to all that You commanded me. Look down from Your holy dwelling, from the heavens, and bless Your people Israel and the land that You have given us, as You swore to our fathers, a land flowing with milk and honey.” This declaration is recited in any language.

The recitation of Shema, prayer, and Grace after Meals.

The oath of testimony,

is what the Torah states [Leviticus 5:1]: “And if a person sins, having heard the voice of an oath [an oath], and he is a witness, whether he has seen or knows [that they administered an oath to him concerning money regarding which he is a witness, saying that if he knows testimony concerning it, he should testify], if he does not tell [if he denied it and said that he knows no testimony concerning it], he shall bear his iniquity. And it shall be, when he is guilty of one of these, that he shall confess the sin that he committed concerning it. And he shall bring his guilt-offering to the Lord for his sin that he committed, a female from the flock, a ewe or a she-goat, for a sin-offering; and the koen shall make atonement for him for his sin.” This oath is recited in any language.

The oath concerning a deposit,

is what the Torah states [Leviticus 5:21]: “If a person sins and commits a trespass against the Lord, and denies to his fellow regarding a deposit [which had been deposited with him, and he swore that it was not in his possession], or regarding a loan, or regarding robbery, or he oppressed his fellow. Or he found a lost item and denied it, and swore falsely. And he shall bring his guilt-offering to the Lord, an unblemished ram from the flock.” This oath is recited in any language.

And these are recited only in the Holy Tongue: The declaration over the first fruits, which is what the Torah states [Deuteronomy 26:2]: “You shall take of the first of every fruit of the ground that you bring from your land, which the Lord your God gives you. And you shall come to the koen who will be in those days, and you shall say to him: I declare today to the Lord your God that I have come to the land that the Lord swore to our fathers to give us. And you shall respond and say before the Lord your God: An Aramean [Laban the Aramean] destroyed my father [Laban sought to uproot everything when he pursued Jacob], and he descended [Jacob] to Egypt, and he sojourned there with few people, and there he became a great, mighty, and numerous nation. The Egyptians harmed us and afflicted us, and placed hard labor upon us. And we cried out to the Lord, God of our fathers, and the Lord heard our voice, and He saw our affliction, our toil, and our oppression. And the Lord brought us out of Egypt with a strong hand and an outstretched arm, with great awe, and with signs and wonders. And He brought us to this place, and He gave us this land, a land flowing with milk and honey. And now, behold, I have brought the first fruits of the soil that You, Lord, have given me.” This recitation—from “I declare today” through “that You, Lord, have given me”—is recited only in the Holy Tongue.

The ritual of ḥalitza,

which is what the Torah states [Deuteronomy 25:7]: “But if the man does not wish to take his yevama, then his yevama shall go up to the gate, to the elders, and she shall say: My yavam refuses to establish a name for his brother in Israel; he does not wish to perform levirate marriage with me. Then the elders of his city shall summon him and speak to him, and he shall stand and say: I do not wish to take her. Then his yevama shall approach him before the eyes of the elders, remove his shoe from his foot, spit before him, and declare: So shall be done to the man who will not build his brother’s house.” All these statements are recited only in the Holy Tongue.

The blessings and curses,

which is what the Torah states [Deuteronomy 11:29]: “And it shall be, when the Lord your God brings you to the land to which you are coming to possess it, that you shall place the blessing on Mount Gerizim and the curse on Mount Ebal. Are they not across the Jordan, beyond the road toward the setting of the sun, in the land of the Canaanite who dwells in the Arabah, opposite Gilgal, near the terebinths of Moreh?” And it states [Deuteronomy 27:12]: “These shall stand to bless the people on Mount Gerizim when you cross the Jordan: Simeon, Levi, Judah, Issachar, Joseph, and Benjamin. And these shall stand for the curse on Mount Ebal: Reuben, Gad, Asher, Zebulun, Dan, and Naphtali. And the Levites shall respond and say to every man of Israel in a loud voice: Cursed is the man who makes a graven or molten image, an abomination of the Lord” [until the end of the order of curses]. They would precede each curse with a blessing: “Blessed is the man who does not make a graven or molten image,” and all of this was recited only in the Holy Tongue.

The blessings and curses,

The priestly blessing

recited with the raising of the hands.

And the blessing of the High Priest

on Yom Kippur, after the day’s Temple service, which he performed in the Holy of Holies: he would read from the Torah and recite eight blessings, as the Mishna below explains, 40b. And the passage concerning the king,

which is explained in the Mishna below, 41a.

And the passage concerning the heifer whose neck is broken,

which is what the Torah states [Deuteronomy 21:1]: “If someone slain is found on the land that the Lord your God gives you to possess, lying in the field, and it is not known who struck him, then it shall be, when the city nearest to the slain is identified, that the elders of that city shall take a heifer of the herd. The elders of that city shall bring the heifer down, and they shall break its neck there in the valley. The koanim, the sons of Levi, shall approach, and all the elders of that city, who are nearest to the slain. And they shall respond and say [the elders of the city]: Our hands did not spill this blood, and our eyes did not see.” [And the koanim say:] “Atone for Your people Israel whom You redeemed, Lord, and do not place innocent blood among Your people Israel.” All of this is recited in the Holy Tongue.

And the anointed for war, when he speaks to the people,

which is what the Torah states [Deuteronomy 20:2]: “And it shall be, when you draw near to the battle, that the koen [the High Priest who was anointed for this purpose] shall approach and speak to the people. And he shall say to them: Hear, Israel, you are approaching the battle today against your enemies; let your hearts not be faint, do not fear, do not panic, and do not be terrified before them. For the Lord your God is the One who goes with you, to fight for you against your enemies, to save you.” The koen recites this only in the Holy Tongue.

And the priest anointed for war, when he speaks to the people,

which is what the Torah says [Deuteronomy 20:2]: “When you approach the battle, the priest [the High Priest who was anointed for this purpose] shall approach and speak to the people. He shall say to them: Hear, Israel, today you are approaching battle against your enemies. Let your heart not be faint; do not fear, panic, or be terrified before them. For the Lord your God is the One who goes with you, to fight for you against your enemies, to save you.” The priest recites this only in the Holy Tongue.

And the anointed for war when he speaks to the people,

which is what the Torah said [Deuteronomy 20:2]: “And it shall be, when you approach the war, that the koen [the High Koen who was anointed for this purpose] shall approach and speak to the people. And he shall say to them: Hear, Israel, you are approaching today the war against your enemies; let your heart not be faint, do not fear, do not panic, and do not be terrified before them. For the Lord your God is the One who goes with you, to fight for you against your enemies, to save you”; and the koen says only in the language of holiness.

The Mishnayot from this point onward explain those matters mentioned in our Mishna that may be recited only in the Holy Tongue. In some cases, the Mishna explains the nature of those matters, and in others, it explains the source for reciting them in the Holy Tongue. This is despite the fact that one might have said: Just as in the cases of the sota, the declaration over first fruits, and the recitation of the Shema, although the Torah provided a formula for their recitation, the Torah did not insist that they be recited exactly as they are written in the Torah in the Holy Tongue, so too with regard to these matters, one might have said: Although the formula for their recitation is written in the Torah, nevertheless it is not necessary to recite them as they are written in the Holy Tongue; rather, the same law applies to other languages, [Rashi].

And the Mishna explains:

How is the declaration over first fruits performed?

That is, from where is it derived that it may be recited only in the Holy Tongue?

Because it is stated with regard to the declaration over first fruits: "

And you shall respond and say before the Lord

your God,"

and below

with regard to the blessings and curses,

it says: "

And the Levites shall respond and say"—

And we derive by means of a gzera shava, based on the repeated expression "responding, responding":

Just as there—

with regard to the blessings and curses—

the recitation is in the Holy Tongue, so too here—

with regard to the declaration over first fruits—

the recitation is in the Holy Tongue.

The Mishna further explains:

How is halitza

performed in the Holy Tongue,

and how

is this derived?

Because it is stated with regard to halitza: "

And she shall respond and say,"

and below,

with regard to the blessings and curses,

it says: "

And the Levites shall respond and say"—

And we derive by means of a gzera shava, based on the repeated expression "responding, responding":

Just as there—

with regard to the blessings and curses—

the recitation is in the Holy Tongue, so too here—

with regard to halitza—

the recitation is in the Holy Tongue.

Rabbi Yehuda says: It is not necessary

to derive this with regard to halitza by means of a gzera shava, for it can be derived on its own: Because it is stated with regard to halitza: "

And she shall respond and say: So,"

we learn:

Until she says it in this exact wording,

as it is written in the Torah.

The Mishna further explains:

How were the blessings and curses

performed?

Once the Jewish people had crossed the Jordan and arrived at Mount Gerizim and Mount Ebal in Samaria

near Samaria,

which were beside Shechem, near Elon Moreh—

And from where is it known that they were beside Shechem? Because

it is stated [Deuteronomy 11:29]: "And it shall be, when the Lord your God brings you into the land to which you are coming to possess it, that you shall place the blessing on Mount Gerizim and the curse on Mount Ebal.

[Deuteronomy 11:29]: “And it shall be, when the Lord your God brings you into the land to which you are coming, to possess it, that you shall place the blessing on Mount Gerizim and the curse on Mount Ebal.

Are they not across the Jordan,

beyond the road where the sun sets, in the land of the Canaanite who dwells in the Arabah, opposite Gilgal, near Elon Moreh?"—

And below—

with regard to Abraham—

it says: "

And Abram passed through the land as far as the place of Shechem, as far as Elon Moreh"—

And we derive by means of a gzera shava:

Just as

“Elon Moreh”

mentioned there,

with regard to Abraham, means

Shechem, so too “Elon Moreh”

Elon Moreh,

mentioned here,

with regard to the Levites, means

Shechem.

And when they arrived at those mountains, then:

Six tribes ascended to the summit of Mount Gerizim, and six tribes ascended to the summit of Mount Ebal.

And the priests and the Levites

and the Ark stood below, in the middle,

between the two mountains—

The priests surrounded the Ark, the Levites surrounded the priests, and all the Israelites were here and there,

on the two mountains.

As it is stated [Joshua 8:33]: "

[Joshua 8:33]:

And all Israel, and its elders and officers and judges, stood on this side and on that side of the Ark,

opposite the priests, the Levites, who carried the Ark of the covenant of the Lord, the stranger as well as the native-born, half of them opposite Mount Gerizim [on the slope of Mount Gerizim] and half of them opposite Mount Ebal, as Moses the servant of the Lord had commanded, to bless the people of Israel first [to place the blessing before the curse]. And afterward [Joshua] read all the words of the Torah, the blessing and the curse, exactly as it is written in the Torah scroll. There was not a word of all that Moses had commanded that Joshua did not read before the entire congregation of Israel, and the women and the little ones and the stranger who walked among them."

The Levites turned

their

faces toward Mount Gerizim and began with the blessing: "

Blessed is the man who does not make an idol or a molten image,"

and both groups—

the tribes on the two mountains—

answered: Amen.

And again,

the Levites turned

their

faces toward Mount Ebal and began with the curse: "

Cursed is the man who makes an idol or a molten image,"

and both groups answered: Amen.

And this is how they recited the blessing and then the curse,

until they completed the blessings and the curses.

And afterward they brought the stones

that they had taken from the Jordan when they crossed it,

and built the altar

on Mount Ebal,

and plastered it with plaster, and wrote upon it all the words of the Torah in seventy languages, as it is stated: [Deuteronomy 27:2]: "And it shall be on the day when you cross the Jordan to the land that the Lord your God gives you, that you shall set up for yourself [in the Jordan] large stones, and plaster them with plaster. And when you cross the Jordan, you shall set up these stones [other stones that you will take from the Jordan], concerning which I command you today, on Mount Ebal, and plaster them with plaster. And there you shall build [on Mount Ebal] an altar to the Lord your God, an altar of stones; you shall not wield iron upon them. You shall build the altar of the Lord your God with whole stones, and you shall offer burnt offerings upon it to the Lord your God. And you shall sacrifice peace offerings and eat there, and rejoice before the Lord your God. And you shall write upon the stones [of the altar] all the words of this Torah

[Deuteronomy 27:2]: “And it shall be on the day when you cross the Jordan to the land that the Lord your God gives you, that you shall set up for yourself large stones, and plaster them with plaster. And when you have crossed the Jordan, you shall set up these stones [other stones that you shall take from the Jordan], concerning which I command you today, on Mount Ebal, and you shall plaster them with plaster. And there you shall build [on Mount Ebal] an altar to the Lord your God, an altar of stones; you shall not wield iron over them. You shall build the altar of the Lord your God from whole stones, and you shall offer burnt offerings upon it to the Lord your God. And you shall slaughter peace offerings and eat there, and rejoice before the Lord your God. And you shall write upon the stones [of the altar] all the words of this Torah

plainly."

And they took away

destroyed,

the stones

of the altar that they had built on Mount Ebal [after offering upon them the sacrifices mentioned in the passage],

and the Israelites came !(pamud.bmp "Exact page location")

and lodged in their place,

at their lodging place in Gilgal, and there they set up the stones that they had dismantled from the altar.