(יא) וַיְדַבֵּ֥ר יְהוָ֖ה אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (יב) דַּבֵּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל וְאָמַרְתָּ֖ אֲלֵהֶ֑ם אִ֥ישׁ אִישׁ֙ כִּֽי־תִשְׂטֶ֣ה אִשְׁתּ֔וֹ וּמָעֲלָ֥ה ב֖וֹ מָֽעַל׃ (יג) וְשָׁכַ֨ב אִ֣ישׁ אֹתָהּ֮ שִׁכְבַת־זֶרַע֒ וְנֶעְלַם֙ מֵעֵינֵ֣י אִישָׁ֔הּ וְנִסְתְּרָ֖ה וְהִ֣יא נִטְמָ֑אָה וְעֵד֙ אֵ֣ין בָּ֔הּ וְהִ֖וא לֹ֥א נִתְפָּֽשָׂה׃ (יד) וְעָבַ֨ר עָלָ֧יו רֽוּחַ־קִנְאָ֛ה וְקִנֵּ֥א אֶת־אִשְׁתּ֖וֹ וְהִ֣וא נִטְמָ֑אָה אוֹ־עָבַ֨ר עָלָ֤יו רֽוּחַ־קִנְאָה֙ וְקִנֵּ֣א אֶת־אִשְׁתּ֔וֹ וְהִ֖יא לֹ֥א נִטְמָֽאָה׃ (טו) וְהֵבִ֨יא הָאִ֣ישׁ אֶת־אִשְׁתּוֹ֮ אֶל־הַכֹּהֵן֒. . . .
(11) The LORD spoke to Moses, saying: (12) Speak to the Israelite people and say to them: If any man’s wife has gone astray and broken faith with him (13) in that a man has had carnal relations with her unbeknown to her husband, and she keeps secret the fact that she has defiled herself without being forced, and there is no witness against her— (14) but a fit of jealousy comes over him and he is wrought up about the wife who has defiled herself; or if a fit of jealousy comes over one and he is wrought up about his wife although she has not defiled herself— (15) the man shall bring his wife to the priest.. . .
A man takes a wife and possesses her, and she no longer finds favor in his eyes because of an adulterous matter, and he writes her a bill of divorcement, hands it to her, and sends her away from his house;
לֹ֣֖א תִּֿנְאָֽ֑ף׃ (ס)
You shall not commit adultery.
(ד) אֵינָהּ מַסְפֶּקֶת לִשְׁתּוֹת עַד שֶׁפָּנֶיהָ מוֹרִיקוֹת וְעֵינֶיהָ בּוֹלְטוֹת וְהִיא מִתְמַלֵּאת גִּידִין, וְהֵם אוֹמְרִים הוֹצִיאוּהָ הוֹצִיאוּהָ, שֶׁלֹּא תְטַמֵּא הָעֲזָרָה. אִם יֶשׁ לָהּ זְכוּת, הָיְתָה תוֹלָה לָהּ. יֵשׁ זְכוּת תּוֹלָה שָׁנָה אַחַת, יֵשׁ זְכוּת תּוֹלָה שְׁתֵּי שָׁנִים, יֵשׁ זְכוּת תּוֹלָה שָׁלשׁ שָׁנִים. מִכָּאן אוֹמֵר בֶּן עַזַּאי, חַיָּב אָדָם לְלַמֵּד אֶת בִּתּוֹ תוֹרָה, שֶׁאִם תִּשְׁתֶּה, תֵּדַע שֶׁהַזְּכוּת תּוֹלָה לָהּ.
(4) When a guilty woman drinks she does not manage to finish drinking before her face turns green and her eyes bulge, and her skin becomes full of protruding veins, and the people standing in the Temple say: Remove her, so that she does not render the Temple courtyard impure by dying there. The mishna limits the scope of the previous statement: If she has merit, it delays punishment for her and she does not die immediately. There is a merit that delays punishment for one year, there is a larger merit that delays punishment for two years, and there is a merit that delays punishment for three years. From here Ben Azzai states: A person is obligated to teach his daughter Torah, so that if she drinks and does not die immediately, she will know that some merit she has delayed punishment for her.
An economic trick to create incentives to help a guilty party unwittingly reveal their guilt through their behavior
Medieval citizens' belief in iudicium Dei created a separating equilibrium. guilty defendants expected ordeals to convict them. Innocent defendants expected the reverse. Thus, only innocent defendants were willing to undergo ordeals. Conditional on observing a defendant's willingness to do so, the administering priest knew he or she was innocent and manipulated the ordeal to find this. . . .
An ordeal register from Varad, Hungary (modern-day Oradea, Romania), under the reign of King Andrew II, which Zajtay and van Caenegem was analyzed. The Regestrum records hot-iron ordeals that Hungarian clerics administered in the basilica of Nagyva´rad between 1208 and 1235. These records include outcomes for 308 cases involving ordeals. In 100 of these cases, the ordeal was aborted before it produced a final result, typically because the parties settled. My theory suggests that defendants in these cases were guilty, but of course there is no way to know whether this was so. Examining the outcomes of the 208 cases in which defendants underwent ordeals is more instructive. The data are telling: probands failed their ordeals in only 78 cases, or 37.5 percent of the time. Probands passed their ordeals in 130 cases, or 62.5 percent of the time.33 Unless nearly two-thirds of ordeal-officiating priests did not understand how to heat iron, these data suggest priestly rigging intended to exculpate probands. Ordeals exonerated the overwhelming majority of probands tried in the basilica of Nagyva´rad.
Peter T. Leeson, The Journal of Law & Economics , Vol. 55, No. 3 (August 2012), pp. 691-714
By the early 1980s, Van Halen had become one of the biggest rock-and-roll bands in history. They were known to party particularly hard while on tour. “[N]o matter where Van Halen alights,” Rolling Stone reported, “a boisterous, full-blown saturnalia is bound to follow.” The band’s touring contract carried a fifty-three-page rider that laid out technical and security specs as well as food and beverage requirements. On even calendar days, the band was to be served roast beef, fried chicken, or lasagna, with sides of Brussels sprouts, broccoli, or spinach. Odd days meant steak or Chinese food with green beans, peas, or carrots. Under no circumstances was dinner to be served on plastic or paper plates, or with plastic flatware. On page 40 of the exhaustive Van Halen rider was the “Munchies” section. It demanded potato chips, nuts, pretzels, and “M&M’s (WARNING: ABSOLUTELY NO BROWN ONES).”* What was up with that? The nut and chip requests weren’t nearly so nitpicky. Nor the dinner menu. So why the hang-up with brown M&M’s? Had someone in the band had a bad experience with them? Did Van Halen have a sadistic streak and take pleasure in making some poor caterer hand-sort the M&M’s? When the M&M clause was leaked to the press, it was seen as a classic case of rock-star excess, of the band “being abusive of others simply because we could,” Roth said years later. But, he explained, “the reality is quite different.” Van Halen’s live show was an extravaganza, with a colossal stage set, booming audio, and spectacular lighting effects. All this equipment required a great deal of structural support, electrical power, and the like. But many of the arenas they played were outdated. “[T]hey didn’t have even the doorways or the loading docks to accommodate a super-forward-thinking, gigantor, epic-sized Van Halen production,” Roth recalled. Thus the need for a fifty-three-page rider. “Most rock-and-roll bands had a contract rider that was like a pamphlet,” Roth says. “We had one that was like the Chinese phone book.” It gave point-by-point instructions to ensure that the promoter at each arena provided enough physical space, load-bearing capacity, and electrical power. Van Halen wanted to make sure no one got killed by a collapsing stage or a short-circuiting light tower. But every time the band pulled into a new city, how could they be sure the local promoter had read the rider and followed all the safety procedures? Cue the brown M&M’s. When Roth arrived at the arena, he’d immediately go backstage to check out the bowl of M&M’s. If he saw brown ones, he knew the promoter hadn’t read the rider carefully—and that “we had to do a serious line check” to make sure the important equipment had been properly set up. He also made sure to trash the dressing room if there were brown M&M’s. This would be construed as nothing more than rock-star folly, thereby keeping his trap safe from detection. But we suspect he enjoyed it all the same.
Levitt, Steven D.; Dubner, Stephen J.. Think Like a Freak (pp. 140-142). William Morrow. Kindle Edition.
ספרי במדבר פיסקא ז, עמ' 10
לא שמענו אלא בזמן שיש לו עדים ו>לא< התרו בה שיוצאה ממנו בגט אבל ספק נבעלה ספק לא נבעלה לא שמענו מה יעשה לה ת"ל דבר אל בני ישראל ואמרת אליהם איש איש כי תשטה אשתו המרים לכך נאמרה הפרשה. הרי הכתוב זוקקה שתהא שותה המים
Sifre Bemidbar, 7 (p. 10)
We derive the rule [that divorce is the required recourse for a husband who has found his wife to be adulterous] only in a case in which there are witnesses [who establish the fact of adultery], but they did give prior warning [to the wife, as to the ban and the punishment]. But if there is a matter of doubt whether or not the woman has actually had sexual relations, we do not know the rule of what the man has to do to her. Accordingly, Scripture states: ‘[And the Lord spoke unto Moses, saying] Speak unto the children of Israel, and say unto them: If any man’s wife go aside. . . .’ (Num. 5: 11–12)
Here, Scripture obliges her to drink the bitter water. For this purpose was this passage written.
