Bringing the Case Before the
What is the procedure for administering the waters to a ?
A here is a married woman whose husband gave her a valid warning against secluding herself with a particular man, and whose subsequent qualifying seclusion with him was established by . Adultery has not been established; the procedure addresses the resulting uncertainty.
The husband comes before the court in his city and tells its judges: “I warned this wife of mine, in the presence of so-and-so and so-and-so, not to seclude herself with a particular man.
The warning, called , must concern seclusion, rather than merely speaking with the man. Identifying the enables the court to establish that a valid warning was given.
“She subsequently secluded herself with him, and these are my . She maintains that she is innocent, and I wish to have her drink the waters to determine the matter.”
The seclusion, called , must meet the conditions explained in Chapter 1. Two valid must establish that, after the warning, she secluded herself with the specified man long enough for relations to have occurred. They need not have witnessed relations themselves.
The court hears the ’ testimony and assigns two scholars to accompany him, guarding against his having relations with her before she drinks.
The scholars understand the prohibition and can caution him against violating it. Their role is therefore more than simply accompanying the couple on the journey.
For she has become forbidden to him until she drinks.
A valid warning followed by qualifying seclusion prohibits marital relations while the matter remains unresolved. If the husband nevertheless has relations with her, the waters cannot test her, as explained in Chapter 2, 1 and 8.
They send him to , because only the Great Court of seventy elders administers the procedure in the .
The local court hears the evidence, but it cannot conduct the drinking procedure itself. That responsibility belongs to the , the highest Jewish court. The consists of seventy-one judges, including its head; the reference here to seventy elders identifies that supreme court.
Its customary meeting place was the Chamber of Hewn Stone, situated partly within the Temple courtyard and partly outside it.
The local court hears the and sends the couple to with two scholars to prevent forbidden marital relations. The procedure is conducted under the authority of the .
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Bringing the Case Before the
Must the Be Sitting in Its Temple Chamber?
The , in II:4, suggests that the may distinguish between the location of the court and the location of the drinking procedure. On this reading, “in the ” describes where the waters are administered; it does not require the to be sitting in the Chamber of Hewn Stone when it handles the case.
The distinction concerns the court’s location, not its authority. The procedure still requires the , even when it is not sitting in its customary chamber. The Chida presents this as a possible interpretation of the Rambam’s wording.