3. The Water of Jealousy

Numbers v. 11-31

The long and remarkable statute regarding the water of jealousy seems to have been interposed to prevent, by means of an ordeal, that cruel practice of peremptory divorce which had been in vogue at some period among the Hebrews. The position given to woman by the old customs must have been exceedingly low. Under polygamy a wife was in constant danger of suspicions and accusations she had no means of removing. The whole scope of this enactment and the means used for deciding between the husband and a suspected wife point to the frequency and57 general groundlessness of charges made by men in the "hardness of their hearts," or by other women in the hardness of theirs.

The ordeal to which the wife was to be subjected was twofold. One point was the imprecation of the Divine curse upon herself if she had been guilty. This oath was administered in terms and with ceremonies fitted to produce the most profound impression. She is set "before the Lord"—probably in the court of the sanctuary. Her hair is loose. She has the offering of jealousy in her hand—the tenth part of an ephah of barley-meal. The priest holds a basin of the "water of jealousy." The terms of the curse with its frightful consequences are not only repeated in her hearing, but written on a scroll which is dropped into the water. The second thing is her drinking of the "water of jealousy," "holy water" mingled with dust from the floor of the sanctuary, and with the terms of the curse. The nature of the ordeal was such that few guilty persons would have braved it. The only thing which appears wanting is a provision for the punishment of the man whose wife had passed the terrible test. Since the punishment of this crime was death, and he made the accusation without cause, his own judgment should have followed. Here, however, deference had to be paid to the notions of the time, as our Lord clearly indicates. The absolute right, the just equality between husband and wife, could not be established. Nor indeed, with all our progress, is it yet secured.

The ordeal of the water of jealousy must have saved many an innocent life from wreck. In one sense it was part of a system designed to maintain a high standard of morality, and in that system it had a place58 which at the time could not be filled in any other way. The main stress lies on the oath of purgation; and to the present day in certain ecclesiastical courts this is in use for the purpose of bringing to an end processes not otherwise capable of solution. It must be noted that our marriage laws, lax as they are thought to be, do not give to a husband anything like the power or allow divorce with anything like the facility admitted by the Mosaic law as some of the Rabbis interpreted it. And this ordeal was of such a nature that if those in use throughout Europe only a century ago or thereby, in the trial of witches for instance, be compared with it, we can at once see its superiority. Those barbarous tests, not used by the vulgar alone, but by religious men and Church authorities, made escape from false accusation next to impossible. Here there is absolutely nothing required which could in any sense injure or imperil an innocent woman. She might take her oath, see it written, and drink the water without the least fear or hesitation. The beneficence of the law is strongly marked along with its wisdom. It was a wonderful provision for the time.