Jerusalem Talmud Sotah 6:1

משנה: מִי שֶׁקִּינֵּא לָהּ וְנִסְתְּרָה אֲפִילוּ שָׁמַע מִן הָעוֹף הַפּוֹרֵחַ יוֹצִיא וְיִתֵּן כְּתוּבָּה דִּבְרֵי רִבִּי אֱלִיעֶזֶר. רִבִּי יְהוֹשֻׁעַ אוֹמֵר מִשֶּׁיִּשְׂאוּ וְיִתְּנוּ בָהּ מוֹזְרוֹת בַּלְּבָנָה. MISHNAH: If somebody declared his jealousy to [his wife] and she went to a secluded place¹He declared his jealousy to his wife and he has no witnesses that she went to a rendez-vous with the presumed paramour., even if he heard about it from a bird flying by²A rumor whose source he cannot trace. he has to divorce her³R. Eliezer stated in Sotah 1:1:1" href="/Jerusalem_Talmud_Sotah.1.1.1">Mishnah 1:1 that a husband needs no witnesses to bring his wife to the Temple after he declared his jealousy before two witnesses. If he heard a rumor that would give him a reason to act, his wife becomes forbidden to him until after she drank the water and was found innocent. If he is unwilling or unable to bring her to the Temple, he must divorce his wife and pay the ketubah since the divorce is a result of his own action. and pay the ketubah, the words of Rebbi Eliezer. Rebbi Joshua says, from the moment she is the subject of talk of women spinning by moonlight⁴That means, if her infidelity is the talk of the town. R. Joshua holds in Sotah 1:1:1" href="/Jerusalem_Talmud_Sotah.1.1.1">Mishnah 1:1 that the wife can be brought to the Temple only on the testimony of two reliable witnesses. But if her conduct is the talk of the town, the husband would have to assume that the rumor is true and that any sexual relations with her would be potentially sinful..

הלכה: מִי שֶׁקִּינֵּא לָהּ וְנִסְתְּרָה כול׳. רִבִּי יוֹחָנָן בְשֵׁם רִבִּי יַנַּיי. כָּל הָהֵן פִּירְקָא מִשֶּׁהִתְרָה בָהּ וְאָמַר לָהּ. אַל תִּיסְתְּרִי עִם אִישׁ פְּלוֹנִי. מִשֶׁקִּינֵּא לָהּ וְנִסְתְּרָה. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. אֲפִילוּ לֹא נִסְתְּרָה. אָמַר רִבִּי זְעִירָא קוֹמֵי רִבִּי יָסָא. לֹא דְּרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ פְּלִיג. אֶלָּא סָבַר כְּהָהֵן תַּנָּייָה וְהוּא מֵיקַל בְּעֵידֵי סְתִירָה. אֲנָן תַּנִּינָן. מַחֲלוֹקֶת. אִית תַּנָּיֵי תַנֵּי. סְתָם. אָמַר רִבִּי זְעִירָא קוֹמֵי רִבִּי מָנָא. לֹא עַל מַה דְּרִבִּי אֱלִיעֶזֶר אָמַר רִבִּי יְהוֹשֻׁעַ פְּלִיג. אֶלָּא בְגִין דְּתַנִּינָן. רִבִּי יוֹשׁוּעַ אוֹמֵר עַד שֶׁיִּשְׂאוּ וְיִתְּנוּ בָהּ מוֹצְרוֹת בַּלְּבָנָה. רִבִּי אַבָּא מָרִי בָּעֵי. תַּמָּן אָמַר רִבִּי חִזְקִיָּה רִבִּי אַבָּהוּ בְשֵׁם רִבִּי אֶלְעָזָר. כָּל־מָקוֹם שֶּׁשִּׁנָּה רִבִּי מַחֲלוֹקֶת וְחָזַר וְשִׁנָּה סְתָם הֲלָכָה כִסְתָם. וָכָא הוּא אָמַר הָכֵין. HALAKHAH: “If somebody declared his jealousy and she went to a secluded place,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: This entire chapter [deals with the case that] he warned her and said to her, do not be at a secluded place with man X, after he declared his jealousy and she went to a secluded place⁵That the husband had some information that his wife met the man forbidden to her.. Rebbi Simeon ben Laqish said, even if she did not go to a secluded place⁶If there is not even a single witness against her.. Rebbi Ze‘ira said before Rebbi Yasa: Not that Rebbi Simeon ben Laqish disagrees, only he is lenient about witnesses to the hiding⁷There is no difference of interpretation between R. Joḥanan and R. Simeon ben Laqish; the latter only follows the opinion attributed to R. Eliezer in Sotah 1:1:1" href="/Jerusalem_Talmud_Sotah.1.1.1">Mishnah 1:1.. We have stated a disagreement. Some state it anonymously⁸The opinion attributed to R. Eliezer in Sotah 6:1:1" href="/Jerusalem_Talmud_Sotah.6.1.1">Mishnah 6:1.. Rebbi Ze‘ira said before Rebbi Mana⁹R. Mana I.: Rebbi Joshua does not disagree with what Rebbi Eliezer said, only that we have stated: “Rebbi Joshua says, only if¹⁰This is the reading of the Mishnah in the Babli, which can be read as meaning that if the wife is the talk of the town, even a rumor of unknown origin forces the husband to divorce his wife. she is the subject of talk of women carding by moonlight.” Rebbi Abba Mari asked: There¹¹‘Orlah, Sotah 2:1:6" href="/Jerusalem_Talmud_Sotah.2.1.6">Chapter 2, Note 30., Rebbi Ḥizqiah, Rebbi Abbahu said in the name of Rebbi Eleazar, everywhere where Rebbi taught a disagreement and returned to the problem later and taught it anonymously, practice follows the anonymous opinion. And here he says so¹²If Sotah 6:1:1" href="/Jerusalem_Talmud_Sotah.6.1.1">Mishnah 6:1 is stated anonymously, it would imply that in Sotah 1:1:1" href="/Jerusalem_Talmud_Sotah.1.1.1">Mishnah 1:1 practice follows R. Eliezer. However, it is evident not only that general practice follows R. Joshua against R. Eliezer but also that in the case of the suspected wife, two witnesses of her misbehavior are needed to prohibit her to her husband. Therefore, the argument that R. Joshua only makes an anonymous statement precise is invalid.?

אֲנָן תַּנִּינָן. מוֹצְרוֹת. אִית תַּנָּיֵי תַנָּי. מוֹזְרוֹת. מָאן דָּמַר. מוֹצְרוֹת. מָֽצְרָן עִמֵּר. וּמָאן דָּמַר. מוֹזְרוֹת. שָֽׁזְרָן כִּיתָּן. We have stated: carders. Some Tannaїm state: spinners. He who said carders, they card wool. He who said spinners, they spin flax.

מַה נָן קַייָמִין. אִין בְּהַהוּא דְשָׁמַע וְלָא יָדַע מִן מָאן שָׁמַע. כְּעוֹף הַפּוֹרֵחַ הוּא. וְאִין בְּהַהוּא דְשָׁמַע וְיָדַע מִמָּאן שָׁמַע. כְּעֵד מִפִּי עֵד הוּא. אֶלָּא כֵן אֲנָן קַייָמִין פְּלוֹנִי מִפְּלוֹנִי וּפְלוֹנִי מִפְּלוֹנִי. מִילָּה דְלֵית בָּהּ תֶּימֶלִיוֹסִים. Where do we hold¹⁴The information discussed by the women working by moonlight.? If about him who heard and did not know from whom he heard, it is like a bird flying by. If about him who heard and knew from whom he heard, it is a witness reporting the words of another witness¹⁵This is hearsay evidence about which in the case of a suspected wife Rabbis Eliezer and Joshua disagree in Chapter 1 (Notes 27, 28).. But here we deal with the case that X [heard] from Y and Y from Z¹⁶Hearsay of hearsay.; a word without foundation¹⁷Reading of a Geniza fragment: תמילווסיס, which identifies the final letter as s. Arukh explains as Greek θεμέλιος “of the foundation”; Krauss suggests θεμελίωσις, ἡ, -εως “foundation”..