Wednesday, November 1, 2017

halacha - In regard to a Sotah, does "zchus tola la" also apply to the person she was mezanah with?


By a Sotah, there's a concept of "zchus tola lah" Mishnah Sotah 3:4



אִם יֶשׁ לָהּ זְכוּת, הָיְתָה תוֹלָה לָהּ. יֵשׁ זְכוּת תּוֹלָה שָׁנָה אַחַת, יֵשׁ זְכוּת תּוֹלָה שְׁתֵּי שָׁנִים, יֵשׁ זְכוּת תּוֹלָה שָׁלשׁ שָׁנִים.


If she has merit, it [the effects described above] would be suspended for her. There is merit that suspends for one year, there is merit that suspends for two years, there is merit that suspends for three years.



Namely that if she had good deeds (ex: like bringing her kids to yeshiva) then she won't immediately die after drinking the "mei Sotah".


Yet, there's also a concept of "whatever happens to her, happens to her boel too"


Mishnah Sotah 5:1




כְּשֵׁם שֶׁהַמַּיִם בּוֹדְקִין אוֹתָהּ, כָּךְ הַמַּיִם בּוֹדְקִין אוֹתוֹ, שֶׁנֶּאֱמַר (במדבר ה) וּבָאוּ, וּבָאוּ.


Just as the water checks her [the woman], so does the water check him [the man], as it says, (Numbers 5:22, 5:27) "and it shall enter," "and it shall enter"



So being as her bo'el gets the same punishment she gets, does he also get this "zchus tola lah" exemption that she gets?



Answer



Talmud Yerushalmi 5,1 quoted by Tosfos Sotah Bavli 27b:



בדקו אותה ולא בדקו אותו אני אומר הזכות תלה ליה
If the water checks her but not him i say that his merit of Torah learning protected him




The Mishne Lemlech http://hebrewbooks.org/rambam.aspx?mfid=102916&rid=3990 quotes this Yerushalmi as Halacha


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