Dvar Torah- Naso
The Women's Commentary has interesting points on two issues in this week's parsha.
First, there is an odd contrast at Num. 5:3-6. When describing ritual impurity, the Torah says "remove male and female alike" (5:3) (in Hebrew, mi-zachar ad nkeach). The Commentary notes that this term is used throughout the Torah to describe nonhuman animals.
By contrast, in describing sacrifices to be made as atonement for theft, the Torah refers to "man or woman" (5:6) (in Hebrew, ish or ishah). What's going on here? Why is the Torah describing people as animal-like in the ritual purity context and as fully human in the theft context?
Answer: only humans are capable of even conceiving of theft, because only humans are capable of conceiving of property rights.* When your pet ferret "steals" your car keys he/she isn't really "stealing", because he/she can't even imagine that he/she is not entitled to those keys because of their presence.
A second issue: the sotah ritual, a kind of trial by ordeal for a women who is suspected of adultery. This ritual doesn't apply to all adultery suspects; where there are multiple witnesses, the woman is subjected to a normal trial (which may end in executed). But if the main "evidence" is a suspicious husband, there is a kind of half-trial. The woman is forced to drink bitter water and swear to her innocence, and the only possible punishment is that if she is guilty, her "belly shall distend and her thigh shall sag" (5:27) whatever THAT means.
Sharon Keller of the Jewish Theological Seminary has an interesting explanation of this. She notes that if the wife is exonerated, she shall be "able to retain seed" (5:28). Maybe, Prof. Keller points out, this means that the ritual only applies to pregnant women, and the punishment for lying is a miscarriage. This explanation makes sense to me because where a woman is pregnant, it is a lot more important to find out whether she is committing adultery, in other to establish paternity. By contrast, if the suspected women is not pregnant and paternity is not at stake, the Torah is happy to abide by its customary rule that in the absence of witnesses there is no adjudication of guilt. In other words, the Torah may have three separate rules:
Suspicious husband plus witnesses = death penalty (yikes!)
Suspicious husband plus pregnancy = sotah. If baby born, law presumes no adultery and that husband is father.
Suspicious husband alone = no legal liability for woman.
What's the advantage of these distinctions? It does deter single motherhood arising out of legal liability for adultery**; either the woman is executed (in which case the husband is stuck with custody of the kids, which he may not like) or the woman has a miscarriage (in which case the kid isn't born), or the woman gets off.
*I am not enough of a zoologists to know whether there are exceptions to this rule among the higher animals. I am speaking merely of a general principle, one derived from observing my own pets and those of my friends.
**Though of course divorce is always a possibility. But divorce is less stigmatizing, since the child is not a mamzer (a child born of an illicit relationship, who is subject to all sorts of disabilities ... but that's another Torah portion!)
Posted by conservadox
at 3:27 PM EDT