I just wanted to make clear a point I wrote about last week. And also to show what it is in the Rambam that seems unclear, First a straying wife [sota] is in Book of Numbers chapter V verses 11 and on. There are cases when she can drink the bitter waters and there are cases when she can not. To E Eliezer [of the Mishna]she can drink when there are two witnesses for the warning and one witness or the husband himself sees the privacy. But if the privacy was only indicated by the chirping of a bird she does not drink, She is divorced without the marriage contract.
To R Yehoshua [of the Mishna] both the warning and privacy need two witnesses for her to drink. But even if there are two witnesses but everybody is talking about her saying she strayed then she does not drink.
R Yehoshua ben R Yehuda says only the privacy needs two witnesses.
My question is how and from where can the Rambam derive his statement of the law.
In Laws of sota he says the law i lie R Yehoshua but also bring the case of a husband sees the privacy [i.e. he saw her walk into a private room with the man he was warned about]. If the warning was with two witnesses she is forbidden to him and does not drink but i divorced immediately. But if the warning was only between him and her with no witness she can drink. That is in the end of law of marriage 24 law 25.
I hope it is clear my question here that this does not seem to go like any opinion in the Mishna at all.
Just to make clear the context here let me add that R Akiva Eiger on the Mishna say we see from Rashi and Rav Ovadia from Bartenura not like the Rambam for they say what I mentioned before that to E Eliezer [of the Mishna]she can drink when there are two witnesses for the warning and one witness or the husband himself sees the privacy. Thus there is no שוויא עליו חתיכה דאיסורא even to R Yehoshua. And Rav Shach defends the Rambam there in laws of Sota and also in Laws of Marriage. But hi defense of the Rambam is on particcular points. No one seem to notice the fact that what the Rambam says sesms to have no connection with the Gemara.
