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649 occurrences across the corpus
The Jerusalem Talmud
MISHNAH: If he delivered a bill of divorce and then “bespoke”, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then cohabited, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then performed ḥalîṣah, after ḥalîṣah nothing more is needed.
HALAKHAH: “If he delivered a bill of divorce and then “bespoke”, etc. A bill of divorce for his “bespeaking” and ḥalîṣah for her candidacy.
That means that invalid intercourse does not free. Come and see, invalid ḥalîṣah frees but invalid intercourse does not free! Since the purpose of ḥalîṣah is invalidation, it frees. Intercourse, whose purpose is not invalidation, does not free. It should not free for leniency but might free for restriction. In which respect? If somebody came and gave qiddushin to the co-wife, these should lay hold on her. Rebbi Yudan said, I explained it. Any sister-in-law who is not totally outside remains inside until she leaves for the outside.
That means that invalid intercourse does not free. Come and see, invalid ḥalîṣah frees but invalid intercourse does not free! Since the purpose of ḥalîṣah is invalidation, it frees. Intercourse, whose purpose is not invalidation, does not free. It should not free for leniency but might free for restriction. In which respect? If somebody came and gave qiddushin to the co-wife, these should lay hold on her. Rebbi Yudan said, I explained it. Any sister-in-law who is not totally outside remains inside until she leaves for the outside.
MISHNAH: If he performed ḥalîṣah, “bespoke” her, gave a bill of divorce, and cohabited, or cohabited, “bespoke”, gave a bill of divorce, and performed ḥalîṣah, nothing is valid after ḥalîṣah. There is no difference between one sister-in-law or two sisters-in-law.
MISHNAH: If he performed ḥalîṣah, “bespoke” her, gave a bill of divorce, and cohabited, or cohabited, “bespoke”, gave a bill of divorce, and performed ḥalîṣah, nothing is valid after ḥalîṣah. There is no difference between one sister-in-law or two sisters-in-law.
MISHNAH: If he performed ḥalîṣah, “bespoke” her, gave a bill of divorce, and cohabited, or cohabited, “bespoke”, gave a bill of divorce, and performed ḥalîṣah, nothing is valid after ḥalîṣah. There is no difference between one sister-in-law or two sisters-in-law.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.
“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.
“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.
“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.
“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.
“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.
MISHNAH: How? If he “bespoke” both of them, they need two bills of divorce and a ḥalîṣah . If he “bespoke” one and copulated with the other, they need two bills of divorce and a ḥalîṣah. If he “bespoke” one and gave a bill of divorce to the other, [the first one] needs a bill of divorce and ḥalîṣah. If he “bespoke” one and performed ḥalîṣah with the other, the first one needs a bill of divorce.
MISHNAH: How? If he “bespoke” both of them, they need two bills of divorce and a ḥalîṣah . If he “bespoke” one and copulated with the other, they need two bills of divorce and a ḥalîṣah. If he “bespoke” one and gave a bill of divorce to the other, [the first one] needs a bill of divorce and ḥalîṣah. If he “bespoke” one and performed ḥalîṣah with the other, the first one needs a bill of divorce.
MISHNAH: How? If he “bespoke” both of them, they need two bills of divorce and a ḥalîṣah . If he “bespoke” one and copulated with the other, they need two bills of divorce and a ḥalîṣah. If he “bespoke” one and gave a bill of divorce to the other, [the first one] needs a bill of divorce and ḥalîṣah. If he “bespoke” one and performed ḥalîṣah with the other, the first one needs a bill of divorce.
MISHNAH: How? If he “bespoke” both of them, they need two bills of divorce and a ḥalîṣah . If he “bespoke” one and copulated with the other, they need two bills of divorce and a ḥalîṣah. If he “bespoke” one and gave a bill of divorce to the other, [the first one] needs a bill of divorce and ḥalîṣah. If he “bespoke” one and performed ḥalîṣah with the other, the first one needs a bill of divorce.
MISHNAH: If there are bills of divorce for both of them, they need a ḥalîṣah. If there is a bill of divorce to one and he copulated with the other, [the latter] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and “bespoke” the other, [the second one] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and performed ḥalîṣah with the other, nothing follows after ḥalîṣah.
MISHNAH: If there are bills of divorce for both of them, they need a ḥalîṣah. If there is a bill of divorce to one and he copulated with the other, [the latter] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and “bespoke” the other, [the second one] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and performed ḥalîṣah with the other, nothing follows after ḥalîṣah.
MISHNAH: If there are bills of divorce for both of them, they need a ḥalîṣah. If there is a bill of divorce to one and he copulated with the other, [the latter] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and “bespoke” the other, [the second one] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and performed ḥalîṣah with the other, nothing follows after ḥalîṣah.
MISHNAH: If there are bills of divorce for both of them, they need a ḥalîṣah. If there is a bill of divorce to one and he copulated with the other, [the latter] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and “bespoke” the other, [the second one] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and performed ḥalîṣah with the other, nothing follows after ḥalîṣah.
MISHNAH: If there are bills of divorce for both of them, they need a ḥalîṣah. If there is a bill of divorce to one and he copulated with the other, [the latter] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and “bespoke” the other, [the second one] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and performed ḥalîṣah with the other, nothing follows after ḥalîṣah.
HALAKHAH: “How? If he ‘bespoke’,” etc. In the opinion of Rebbi, what about his “bespeaking”, may a nine-year-old “bespeak”? The intercourse of an adult is final; his “bespeaking” partially acquires. The intercourse of a minor is final; does his “bespeaking” partially acquire? What is the difference between his intercourse and his “bespeaking”? But some want to formulate: What is the difference between “bespeaking” of an adult and “bespeaking” of a minor? Samuel said, the words of Rebbi Meïr: They made the intercourse of a child of nine years and one day like “bespeaking” of an adult. And as you said, they made the intercourse of a child of nine years and one day like “bespeaking” of an adult, they made the ḥalîṣah of a child of nine years and one day like “bespeaking” of an adult. But the rabbis said, the ḥalîṣah of a child of nine years and one day is nothing. And why did they make the intercourse of a child of nine years and one day like “bespeaking” of an adult? Because the intercourse of an adult acquires whether intentional or not intentional. The ḥalîṣah of a child of nine years and one day was made like a bill of divorce by an adult. But ḥalîṣah by an adult can free only if it is intentional.
HALAKHAH: “How? If he ‘bespoke’,” etc. In the opinion of Rebbi, what about his “bespeaking”, may a nine-year-old “bespeak”? The intercourse of an adult is final; his “bespeaking” partially acquires. The intercourse of a minor is final; does his “bespeaking” partially acquire? What is the difference between his intercourse and his “bespeaking”? But some want to formulate: What is the difference between “bespeaking” of an adult and “bespeaking” of a minor? Samuel said, the words of Rebbi Meïr: They made the intercourse of a child of nine years and one day like “bespeaking” of an adult. And as you said, they made the intercourse of a child of nine years and one day like “bespeaking” of an adult, they made the ḥalîṣah of a child of nine years and one day like “bespeaking” of an adult. But the rabbis said, the ḥalîṣah of a child of nine years and one day is nothing. And why did they make the intercourse of a child of nine years and one day like “bespeaking” of an adult? Because the intercourse of an adult acquires whether intentional or not intentional. The ḥalîṣah of a child of nine years and one day was made like a bill of divorce by an adult. But ḥalîṣah by an adult can free only if it is intentional.
HALAKHAH: “How? If he ‘bespoke’,” etc. In the opinion of Rebbi, what about his “bespeaking”, may a nine-year-old “bespeak”? The intercourse of an adult is final; his “bespeaking” partially acquires. The intercourse of a minor is final; does his “bespeaking” partially acquire? What is the difference between his intercourse and his “bespeaking”? But some want to formulate: What is the difference between “bespeaking” of an adult and “bespeaking” of a minor? Samuel said, the words of Rebbi Meïr: They made the intercourse of a child of nine years and one day like “bespeaking” of an adult. And as you said, they made the intercourse of a child of nine years and one day like “bespeaking” of an adult, they made the ḥalîṣah of a child of nine years and one day like “bespeaking” of an adult. But the rabbis said, the ḥalîṣah of a child of nine years and one day is nothing. And why did they make the intercourse of a child of nine years and one day like “bespeaking” of an adult? Because the intercourse of an adult acquires whether intentional or not intentional. The ḥalîṣah of a child of nine years and one day was made like a bill of divorce by an adult. But ḥalîṣah by an adult can free only if it is intentional.
HALAKHAH: “How? If he ‘bespoke’,” etc. In the opinion of Rebbi, what about his “bespeaking”, may a nine-year-old “bespeak”? The intercourse of an adult is final; his “bespeaking” partially acquires. The intercourse of a minor is final; does his “bespeaking” partially acquire? What is the difference between his intercourse and his “bespeaking”? But some want to formulate: What is the difference between “bespeaking” of an adult and “bespeaking” of a minor? Samuel said, the words of Rebbi Meïr: They made the intercourse of a child of nine years and one day like “bespeaking” of an adult. And as you said, they made the intercourse of a child of nine years and one day like “bespeaking” of an adult, they made the ḥalîṣah of a child of nine years and one day like “bespeaking” of an adult. But the rabbis said, the ḥalîṣah of a child of nine years and one day is nothing. And why did they make the intercourse of a child of nine years and one day like “bespeaking” of an adult? Because the intercourse of an adult acquires whether intentional or not intentional. The ḥalîṣah of a child of nine years and one day was made like a bill of divorce by an adult. But ḥalîṣah by an adult can free only if it is intentional.
MISHNAH: If he performed ḥaliṣah with both of them, performed ḥaliṣah and “bespoke”, gave a divorce document and copulated, or copulated with both of them, or copulated and “bespoke”, gave a divorce document and performed ḥaliṣah, nothing comes after ḥalîṣah, whether there are two sisters-in-law and one levir or two levirs with one sister-in-law.
MISHNAH: If he performed ḥaliṣah and “bespoke”, gave a divorce document and copulated, or copulated and “bespoke”, gave a divorce document and performed ḥaliṣah, nothing comes after ḥalîṣah, whether at the beginning, in the middle, or at the end. But in the case of copulation, nothing comes after it when it is at the start’. Rebbi Neḥemiah says, nothing comes after copulation or ḥalîṣah, whether at the beginning, in the middle, or at the end.
MISHNAH: If he performed ḥaliṣah and “bespoke”, gave a divorce document and copulated, or copulated and “bespoke”, gave a divorce document and performed ḥaliṣah, nothing comes after ḥalîṣah, whether at the beginning, in the middle, or at the end. But in the case of copulation, nothing comes after it when it is at the start’. Rebbi Neḥemiah says, nothing comes after copulation or ḥalîṣah, whether at the beginning, in the middle, or at the end.
HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”
HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”
HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”
HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”
HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”
MISHNAH: Similarly, anybody who comes upon any of the incest-prohibited women specified in the Torah, or of the disqualified ones, [i. e.,] a widow for the High Priest or a divorcee or one who had participated in ḥalîṣah for a private Cohen, a bastard or Gibeonite female for an Israel, or an Israel woman for a male bastard or Gibeonite, disqualified her and there is no difference between intercourse and intercourse.
MISHNAH: A widow betrothed to the High Priest, a divorcee or one who had participated in ḥalîṣah to a private Cohen are not permitted to eat heave; Rebbi Eleazar and Rebbi Simeon declare them able. When they were widowed or divorced, after marriage they are disabled, after betrothal they are enabled.
MISHNAH: The High Priest shall not marry a widow, whether a widow from betrothal or a widow from marriage. He shall not marry an adult; Rebbi Eleazar and Rebbi Simeon enable the adult. He shall not marry one injured by a piece of wood. If he gave qiddushin and afterwards was elected High Priest, he shall marry her; it happened that Joshua ben Gamla had given qiddushin to Martha bat Boetos when the king appointed him as High Priest and he married her. If a woman was waiting for her Cohen levir when he was elected High Priest, even though he “bespoke” her, he may not marry her. If the brother of a High Priest died, he performs ḥalîṣah but not levirate.
“If a brother of the High Priest dies, he performs ḥalîṣah but not levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, does one say to him, transgress the words of the Torah?
“If a brother of the High Priest dies, he performs ḥalîṣah but not levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, does one say to him, transgress the words of the Torah?
“If a brother of the High Priest dies, he performs ḥalîṣah but not levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, does one say to him, transgress the words of the Torah?
MISHNAH: If a widow [married] to a High Priest, or a divorcee or one freed by ḥalîṣah [married] to a simple priest, brought him slaves as paraphernalia or as mortmain: The slaves of separate property may not eat heave, the slaves of mortmain may eat heave. These are slaves of paraphernalia: If they died, they died as her property, if they increased, they increased as her property. Even though he is responsible for their upkeep, they may not eat heave. These are slaves of mortmain: If they died, they died as his property, if they increased, they increased as his property. Since he guarantees them, they may eat heave.
MISHNAH: The fetus, the levir, the betrothal, the deaf-and-dumb, and the male nine years and one day old disable but do not enable to eat. If there was a doubt whether or not he had reached nine years and one dayt; whether or not he had grown two pubic hairs; when the house fell on him and his brother’s daughter and it is not known who of them died first, her co-wife performs ḥalîṣah but not levirate.
“When the house fell on him and his brother’s daughter and it is not known who of them died first, her co-wife performs ḥalîṣah but not levirate.” Why do we come here to state doubts? Since we had stated [the rules for] co-wives, we now state for doubts concerning co-wives.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: The castrate does not perform either ḥalîṣah or levirate; similarly, the she-ram does not perform either ḥalîṣah or levirate. The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her he disabled her because it is incestuous. Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her they disabled her because it is incestuous.
MISHNAH: The castrate does not perform either ḥalîṣah or levirate; similarly, the she-ram does not perform either ḥalîṣah or levirate. The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her he disabled her because it is incestuous. Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her they disabled her because it is incestuous.
MISHNAH: The castrate does not perform either ḥalîṣah or levirate; similarly, the she-ram does not perform either ḥalîṣah or levirate. The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her he disabled her because it is incestuous. Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her they disabled her because it is incestuous.
MISHNAH: The castrate does not perform either ḥalîṣah or levirate; similarly, the she-ram does not perform either ḥalîṣah or levirate. The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her he disabled her because it is incestuous. Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her they disabled her because it is incestuous.
HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.
HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.
HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.
The argument of Rebbi Eliezer is inverted. There, he says “it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife,” and you say so? Rebbi Iniah said, Rebbi Eliezer referred only to criminal responsibility.
The argument of Rebbi Eliezer is inverted. There, he says “it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife,” and you say so? Rebbi Iniah said, Rebbi Eliezer referred only to criminal responsibility.
Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”
Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”
Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”
Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”
Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”
MISHNAH: A congenital castrate priest who married an Israel daughter enables her to eat heave. Rebbi Yose and Rebbi Simeon say, an hermaphrodite priest who married an Israel daughter enables her to eat heave. Rebbi Jehudah says, a seemingly sexless who was cut open and found to be a male does not perform ḥalîṣah since he is like a castrate. The hermaphrodite marries but is not married. Rebbi Eleazar says [a male] is guilty to be stoned for [homosexual intercourse] with an hermaphrodite as with a male.
HALAKHAH: “There exist women permitted to their husbands,” etc. Rebbi Niḥa bar Sava asked before Rebbi Jonah: Why “married”? Even “betrothed”! Why a widow? even a virgin! Are these all? She and her co-wife. I also have others: The co-wife of one suspected of adultery is permitted to her husband and forbidden to her levir. If his brother had slept with the sister of one who had performed ḥalîṣah with him, she is permitted to her husband and forbidden to her levir. If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir. This supports Rebbi Jonah, since Rebbi Jonah said, the groupings of Rebbi are not exhaustive.
Are these all? There are others: If somebody takes back a woman he divorced after she had been married [to another man], she is forbidden to the husband but permitted to the levir. If he slept with the sister of a woman with whom he had performed ḥalîṣah, she is forbidden to the husband but permitted to the levir. If a man with injured testicles married a qualified woman, she is forbidden to the husband but permitted to the levir. This supports Rebbi Jonah, since Rebbi Jonah said, the groupings of Rebbi are not exhaustive.
HALAKHAH: Are these all? There are others: A woman suspected of adultery is forbidden to both of them. The widow after ḥalîṣah is forbidden to both of them. If a man with injured testicles married a qualified woman and has a brother with injured testicles, she is forbidden to both of them. This supports Rebbi Jonah, since Rebbi Jonah said, the groupings of Rebbi are not exhaustive.
MISHNAH: Secondary prohibitions instituted by the Sopherim. If she is secondarily prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir. Secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband. Secondarily prohibited to both of them, she is forbidden to both of them. She may claim neither Ketubah nor usufruct nor upkeep nor wear but the child is qualified and one forces him to divorce her. A widow married to the High Priest, a divorcee of one that performed ḥalîṣah married to a simple priest, a female bastard or a Gibeoness married to an Israel, and Israel woman married to a Gibeonite or a bastard have a claim of Ketubah.
There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. And Samuel said, publicize in your towns: It is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay Ketubah”! We heard that he shall divorce; did we hear that one forces him?
MISHNAH: A woman’s husband went overseas and some persons came and told her, your husband died. If she remarried and then the husband returned, she has to leave both husbands, she needs a bill of divorce from both of them, she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥalîṣah but not levirate.
HALAKHAH: “They came and told her, your son died,” etc. If she should not have married but entered levirate, this is the case of a sister-in-law who married without ḥalîṣah. Rebbi Jeremiah said, this man performs ḥalīṣah, the other one keeps her. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: She must leave. Rebbi Yose in the name of Rebbi Hila: She must leave. Rebbi Yose asked Rebbi Phineas, how does the rabbi hold? He said, with Rebbi Jeremiah. He said to him, change your mind, for otherwise I shall publicly call you a rebellious Elder. Rebbi Zevidah said, a baraita supports Rebbi Joḥanan: “She must leave both of them and the thirteen items apply to her, following Rebbi Meïr who said it in the name of his teacher Rebbi Aqibah. But the Sages say, there is no bastard from a sister-in-law.” They only said, “there is no bastard from a sister-in-law,” therefore she must leave. And we have stated, “she must leave”. And Rebbi Joḥanan said, she must leave.
HALAKHAH: “They came and told her, your son died,” etc. If she should not have married but entered levirate, this is the case of a sister-in-law who married without ḥalîṣah. Rebbi Jeremiah said, this man performs ḥalīṣah, the other one keeps her. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: She must leave. Rebbi Yose in the name of Rebbi Hila: She must leave. Rebbi Yose asked Rebbi Phineas, how does the rabbi hold? He said, with Rebbi Jeremiah. He said to him, change your mind, for otherwise I shall publicly call you a rebellious Elder. Rebbi Zevidah said, a baraita supports Rebbi Joḥanan: “She must leave both of them and the thirteen items apply to her, following Rebbi Meïr who said it in the name of his teacher Rebbi Aqibah. But the Sages say, there is no bastard from a sister-in-law.” They only said, “there is no bastard from a sister-in-law,” therefore she must leave. And we have stated, “she must leave”. And Rebbi Joḥanan said, she must leave.
MISHNAH: [A male] nine years and one day old disables for the brothers and the brothers disable for him; only that he disables at the beginning and the brothers disable at beginning and end. How is that? [A male] nine years and one day old who copulated with his sister-in-law disabled her for the brothers. If [any one of] the brothers copulated with her, “bespoke” her, divorced her, or performed ḥalîṣah with her, they disabled her for him.
“How is that? [A male] nine years and one day old.” “If he allots her to his son.” He allots her to his son but may not allot her to the brothers. He should be able to allot her to the brothers by an argument de minore ad majus! If he may allot her to his son who may not take his place for ḥalîṣah and levirate, should it not be logical that he may allot her to his brother who may take his place for ḥalîṣah and levirate? The verse says, “if he allots her to his son.” He allots her [to his son] but may not allot her to the brothers. No. If you would accept the son since he will take [the father’s] place in a field of inheritance, what can you say about his brother who will not take his place in a field of inheritance? Would it be reasonable that he may allot her to him? The verse says, “if he allots her to his son.” He allots her to his son but may not allot her to the brothers.
“How is that? [A male] nine years and one day old.” “If he allots her to his son.” He allots her to his son but may not allot her to the brothers. He should be able to allot her to the brothers by an argument de minore ad majus! If he may allot her to his son who may not take his place for ḥalîṣah and levirate, should it not be logical that he may allot her to his brother who may take his place for ḥalîṣah and levirate? The verse says, “if he allots her to his son.” He allots her [to his son] but may not allot her to the brothers. No. If you would accept the son since he will take [the father’s] place in a field of inheritance, what can you say about his brother who will not take his place in a field of inheritance? Would it be reasonable that he may allot her to him? The verse says, “if he allots her to his son.” He allots her to his son but may not allot her to the brothers.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
MISHNAH: If [a male] nine years and one day old copulated with his sister-in-law and after that his brother, who [also] was nine years and one day old, copulated with her, [the brother] disabled her for [the first levir]. Rebbi Simeon says, he did not disable. If [a male] nine years and one day old copulated with his sister-in-law, and after that he copulated with her co-wife, he disabled her for himself. Rebbi Simeon says, he did not disable. If [a male] nine years and one day old copulated with his sister-in-law and died, she performs ḥalîṣah but not levirate. If he married a woman and died, she is free. If [a male] nine years and one day old copulated with his sister-in-law and after he became an adult married another woman and died, if he never had intercourse with the first after he became an adult, the second [wife] either performs ḥalîṣah or levirate, the first performs ḥalîṣah but not levirate. Rebbi Simeon says, he takes in levirate the one he likes and performs ḥalîṣah with the other. It makes no difference whether he is nine years and one day or twenty years old, as long as he did not grow two pubic hairs.
MISHNAH: If [a male] nine years and one day old copulated with his sister-in-law and after that his brother, who [also] was nine years and one day old, copulated with her, [the brother] disabled her for [the first levir]. Rebbi Simeon says, he did not disable. If [a male] nine years and one day old copulated with his sister-in-law, and after that he copulated with her co-wife, he disabled her for himself. Rebbi Simeon says, he did not disable. If [a male] nine years and one day old copulated with his sister-in-law and died, she performs ḥalîṣah but not levirate. If he married a woman and died, she is free. If [a male] nine years and one day old copulated with his sister-in-law and after he became an adult married another woman and died, if he never had intercourse with the first after he became an adult, the second [wife] either performs ḥalîṣah or levirate, the first performs ḥalîṣah but not levirate. Rebbi Simeon says, he takes in levirate the one he likes and performs ḥalîṣah with the other. It makes no difference whether he is nine years and one day or twenty years old, as long as he did not grow two pubic hairs.