It's all about the phrase "after she has been defiled," and what it truly means.

The passage we're exploring comes from Sifrei Devarim, a collection of legal interpretations on the Book of Deuteronomy. Specifically, we're looking at section 270, and it grapples with a deceptively simple question: When is a woman considered "defiled" in the eyes of the law, making it impossible for her to remarry her first husband after a divorce and subsequent marriage?

The text starts by stating the obvious: "after she had been defiled" refers to the period after the first marriage until after the second marriage. Simple enough. But then the rabbis start digging deeper. What about the period between kiddushin (betrothal) and nissuin (marriage)? What if the second relationship only reached the stage of betrothal? What if it went from marriage to betrothal? Or even just betrothal to betrothal?

The text throws us a lifeline: "Her first husband shall not be able to take her; 'her first to take her,' 'who had sent her away to take her,' 'to return to take her.'" This repetition, these extra words, are seen as hints, clues to broaden the scope of the law. It suggests that the prohibition against remarriage applies not only to cases of full marriage, but also to situations involving betrothal.

Now, here’s where it gets really interesting. Rabbi Yossi b. Kipper, quoting Rabbi Elazar b. Azaryah, offers a dissenting opinion. He argues that if the second relationship only reached the stage of betrothal, the woman is permitted to return to her first husband! His reasoning? The phrase "after she has been defiled" implies cohabitation, sexual relations. Without that, there’s no defilement.

But—and this is a big but—"the sages" disagree. They maintain that both betrothal and marriage in the second relationship make it impossible for the woman to return to her first husband. So why the phrase "after she has been defiled"?

The answer: to include the case of a sotah. A sotah is a woman suspected of adultery who has secluded herself with the man she was warned against. Even if there's no proof of actual adultery, the very act of seclusion raises suspicion. And, according to the sages, this situation, where a woman has placed herself in a compromising position, also constitutes "defilement" in the eyes of the law, preventing her from remarrying her first husband. The Rabbis are broadening the definition of defilement beyond just the physical act.

So, what do we take away from this deep dive into Sifrei Devarim? It's more than just a legal debate about remarriage. It's about the nuances of interpretation, the importance of even seemingly small words, and the weight given to both physical acts and perceived impropriety. It shows us how the rabbis of old wrestled with complex issues, striving to apply ancient laws to the realities of human relationships. It reminds us that law isn't always black and white, and that sometimes, the most interesting answers lie in the shades of gray.