anan

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and one who gives qiddushin in the value of a peruṭa, i. e., he who divorces his wife and spends the night with her in a hostelry, and that a woman receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second for a denar, in the opinion of the House of Shammai she is betrothed to the second and the child of the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and the child of the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Hila in the name of Rebbi Joḥanan: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai says unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said both acted according to valid practice; the other said, each party followed its own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: Both of them are the words of the Living God, but practice follows the House of Hillel forever. Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.

Rebbi Joḥanan said, Rebbi Simeon agrees in the first case. It was found stated, that also is in disagreement. What is the difference between the first and second cases? In the first case he came and found her forbidden, in the second he came and found her permitted. Rebbi Joḥanan asked, if he found his father’s wife married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish asked: His maternal halfbrother’s wife which he found married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Yudan asked, a co-wife of his maternal aunt which he found married to an outsider? Because he came and found her permitted, is she permitted? Rebbi Abin asked, if a divorcee became a widow? You have to say that Rebbi Simeon referred to the first case.

Rebbi Joḥanan said, Rebbi Simeon agrees in the first case. It was found stated, that also is in disagreement. What is the difference between the first and second cases? In the first case he came and found her forbidden, in the second he came and found her permitted. Rebbi Joḥanan asked, if he found his father’s wife married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Jacob bar Aḥa said, Rebbi Simeon ben Laqish asked: His maternal halfbrother’s wife which he found married to an outsider, what does Rebbi Simeon say about her? Because he came and found her permitted, is she permitted? Rebbi Simeon said that only relative to paternal brothers. Rebbi Yudan asked, a co-wife of his maternal aunt which he found married to an outsider? Because he came and found her permitted, is she permitted? Rebbi Abin asked, if a divorcee became a widow? You have to say that Rebbi Simeon referred to the first case.

It is obvious that if somebody had ḥalîṣah with a woman forbidden by a commandment or because of sanctity, the co-widow was freed. When he had intercourse with her? Rebbi Yose said, Rebbi Eleazar and Rebbi Joḥanan disagree; they say the co-widow was not freed. Rebbi Shammai switches the [names] of this tradition. The position of Rebbi Shammai is reasonable since everywhere Rebbi Eleazar seeks support from the great Rebbi Ḥiyya and Rebbi Ḥiyya stated for women forbidden by a commandment or because of sanctity, if he had ḥalîṣah or intercourse with her, the co-widow was freed.

There, we have stated: “Rebbi Yose says, if the grandfather transgressed and married her.” What did he transgress? He transgressed the words of the Sopherim. Rebbi Yose in the name of Rebbi Abbahu, he asked Rebbi Joḥanan: Does this mean that secondary prohibitions have no limit? He said to him, did we learn “secondaries to secondaries”? No. Secondaries to the words of the Torah, and all of them because of his son’s daughter-in-law. Rebbi Ḥizqiah in the name of Rebbi Jonah, Rebbi Abbahu did not say so, but Rebbi Eleazar asked Rebbi Joḥanan, did we not learn of eight secondaries, and here they are nine! But all of them because of his son’s daughter-in-law.

There, we have stated: “Rebbi Yose says, if the grandfather transgressed and married her.” What did he transgress? He transgressed the words of the Sopherim. Rebbi Yose in the name of Rebbi Abbahu, he asked Rebbi Joḥanan: Does this mean that secondary prohibitions have no limit? He said to him, did we learn “secondaries to secondaries”? No. Secondaries to the words of the Torah, and all of them because of his son’s daughter-in-law. Rebbi Ḥizqiah in the name of Rebbi Jonah, Rebbi Abbahu did not say so, but Rebbi Eleazar asked Rebbi Joḥanan, did we not learn of eight secondaries, and here they are nine! But all of them because of his son’s daughter-in-law.

A Gentile came to a Gentile woman and she gave birth. Rebbi Joḥanan said, Gentiles have family relationships. Rebbi Simeon ben Laqish said, Gentiles have no family relationships. But is it not written: “At that time, Merodakh-Baladan, son of Baladan, king of Babylon, sent letters and a gift to Ḥizqiah.” Since he honored his elder, he was honored with a family relationship. But is it not written: “At that time, king Asa sent to Ben-Hadad, son of Tabrimon, son of Ḥezayon, king of Damascus, as follows.” Destroyer son of a destroyer. As you say: “For Haman ben Hamedata was”. Was he the son of Hamedata? That means, oppressor son of an oppressor. So here also, destroyer son of a destroyer. Rebbi Tanḥuma said, so did Rebbi Simeon ben Laqish answer Rebbi Joḥanan, but is there not written: “Ṣiba had sixteen sons and twenty slaves.” Do slaves have family relationships? It is to enumerate those who served Mephiboshet together.

A Gentile came to a Gentile woman and she gave birth. Rebbi Joḥanan said, Gentiles have family relationships. Rebbi Simeon ben Laqish said, Gentiles have no family relationships. But is it not written: “At that time, Merodakh-Baladan, son of Baladan, king of Babylon, sent letters and a gift to Ḥizqiah.” Since he honored his elder, he was honored with a family relationship. But is it not written: “At that time, king Asa sent to Ben-Hadad, son of Tabrimon, son of Ḥezayon, king of Damascus, as follows.” Destroyer son of a destroyer. As you say: “For Haman ben Hamedata was”. Was he the son of Hamedata? That means, oppressor son of an oppressor. So here also, destroyer son of a destroyer. Rebbi Tanḥuma said, so did Rebbi Simeon ben Laqish answer Rebbi Joḥanan, but is there not written: “Ṣiba had sixteen sons and twenty slaves.” Do slaves have family relationships? It is to enumerate those who served Mephiboshet together.

A slave woman: “The woman and her children shall belong to her owner.” A Gentile woman. Rebbi Joḥanan said in the name of Rebbi Sineon ben Ioḥai, it is written: “You shall not conclude marriage with them”. And it is written: “For he will divert your son from after Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son.

Jacob from Kefar Naboraia went to Tyre. They came to ask him, may one circumcise the son of a Gentile woman on the Sabbath? He wanted to permit it from the verse: “They determined their genealogies for their families according to their fathers’ houses.” Rebbi Ḥaggai heard it and said, he shall come. They brought him in order to be whipped. He said to him, for what reason do you whip me? He said, from what is written: “Now we shall make a covenant for our God”. He said, you want to whip me based on tradition? He said, “and it should be done according to the Torah.” He said to him, from which teaching? He said, from that which Rebbi Joḥanan said in the name of Rebbi Simeon ben Ioḥai, it is written: “You shall not conclude marriage with them”. And it is written: “For he will divert your son from after Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son. He said to him, whip your whipping, because it is good to impress.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

HALAKHAH: “A rabbi who forbade a woman to her husband because of a vow”, etc. “A rabbi who forbade a woman to her husband because of a vow cannot marry her.” I would say, that was his intention from the start. “If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court”, because two will not usually sin for the benefit of a third. There, we have stated: “If somebody deposits fruit with another person, that one should not touch it even if it spoils. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of a court because one is obliged to return a find to its owners.” Rebbi Abba bar Jacob said in the name of Rebbi Joḥanan, practice follows Rabban Simeon ben Gamliel. What does one do with the money? Rav Jehudah said, the disagreement of Rebbi Aqiba and Rebbi Ṭarphon. It is a condition that the members of the court cannot buy. Rebbi Aqiba said, Rebbi Ḥiyya ben Rebbi Sabbatai asked: Here, you say, “if she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court,” and here, you say so? Rebbi Yose said, there, the buy could be in thirds, but here, two will not usually sin for the benefit of a third.

There, we have stated: “If a brother gave qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If [one of the] brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to send away his wife by a bill of divorce and his brother’s widow by ḥalîṣah.” It says only: If the sister-in-law died, his wife is permitted to him. But if his wife died, his sister-in-law is forbidden to him. Rebbi Joḥanan said, these are the words of Rebbi Eliezer. But the Sages say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him. Rebbi Joḥanan said, the Sages hold that for anything induced by a cause, if the cause is removed the prohibition is removed. But for Rebbi Eliezer, if the cause is removed the prohibition remains.

There, we have stated: “If a brother gave qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If [one of the] brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to send away his wife by a bill of divorce and his brother’s widow by ḥalîṣah.” It says only: If the sister-in-law died, his wife is permitted to him. But if his wife died, his sister-in-law is forbidden to him. Rebbi Joḥanan said, these are the words of Rebbi Eliezer. But the Sages say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him. Rebbi Joḥanan said, the Sages hold that for anything induced by a cause, if the cause is removed the prohibition is removed. But for Rebbi Eliezer, if the cause is removed the prohibition remains.

Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.

Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.

Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.

Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.

Rebbi Yose ben Ḥanina asked before Rebbi Joḥanan: Here, you say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him, and here you say so? He said to him, I do not know the reason for [the rule regarding] sisters. Rebbi Abba, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: I do not know the reason for [the rule regarding] sisters who are sisters-in-law. Rebbi Hila, Rebbi Yasa, in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law cannot be compared to the prohibition of sisters who are not sisters-in-law. Rebbi Jeremiah said, explain it that the house fell on both [brothers] at the same time. Rebbi Yose asked, did Rebbi Joḥanan say, I do not know the reason for [the rule regarding] sisters who are sisters-in-law if the house fell on both [brothers] at the same time? Only if they died one after the other. They wanted to say, what was the problem of Rebbi Joḥanan? If the second one died, why should the first one not be permitted to him? But if the first one died, the second should be forbidden to him. Rebbi Yudan said, both cases are the same problem for him. And candidacy counts for nothing since if there are three brothers,two of them paternal but not maternal halfbrothers, and two maternal but not paternal halfbrothers. If the paternal halfbrother died first and the second brother had no time to perform ḥalîṣah or levirate before he died, and she became eligible for his maternal halfbrother, may he not take her? This shows that candidacy is nothing, [otherwise] she should be forbidden as the maternal halfbrother’s wife.

What if there is a co-wife? Rebbi Hila in the name of Rebbi Avina: It is an inference de minore ad majus. If the Sages gave a co-wife to the sister of a woman with whom one performed ḥalîṣah, which is rabbinic, here, where there is the prohibition of sisters, not so much more? It is obvious that the rule of co-wives applies to his daughter. Rebbi Abun in the name of Rebbi Avina: One has stated there, “if the co-wives performed ḥalîṣah, the sisters were freed; if the sisters performed ḥalîṣah, the co-wives were not freed.” But as you say, if the co-wives performed ḥalîṣah, the sisters were freed, so it should be that even if the sisters performed ḥalîṣah, the co-wives should be freed. But it must follow Rebbi Joḥanan ben Nuri, since Rebbi Joḥanan ben Nuri said, come and let us institute that the co-wife perform ḥalîṣah without being admitted to levirate. Did they institute that? Was it not stated: They did not manage to institute this before the time became unsuitable. But it must follow the House of Shammai since the House of Shammai permit the co-wives to the brothers. Rebbi Phineas said to Rebbi Yose: If it follows the House of Shammai, even if the co-wives performed ḥalîṣah, the sistersshould not be freed! But we have stated: Rebbi Eliezer said, the House of Shammai say, they shall keep them, but the House of Hillel say, they have to divorce. There are two Tannaïm interpreting the House of Shammai, one said if the co-wives performed ḥalîṣah, the sisters were freed, the other one said if the co-wives performed ḥalîṣah, the sisters were not freed.

What if there is a co-wife? Rebbi Hila in the name of Rebbi Avina: It is an inference de minore ad majus. If the Sages gave a co-wife to the sister of a woman with whom one performed ḥalîṣah, which is rabbinic, here, where there is the prohibition of sisters, not so much more? It is obvious that the rule of co-wives applies to his daughter. Rebbi Abun in the name of Rebbi Avina: One has stated there, “if the co-wives performed ḥalîṣah, the sisters were freed; if the sisters performed ḥalîṣah, the co-wives were not freed.” But as you say, if the co-wives performed ḥalîṣah, the sisters were freed, so it should be that even if the sisters performed ḥalîṣah, the co-wives should be freed. But it must follow Rebbi Joḥanan ben Nuri, since Rebbi Joḥanan ben Nuri said, come and let us institute that the co-wife perform ḥalîṣah without being admitted to levirate. Did they institute that? Was it not stated: They did not manage to institute this before the time became unsuitable. But it must follow the House of Shammai since the House of Shammai permit the co-wives to the brothers. Rebbi Phineas said to Rebbi Yose: If it follows the House of Shammai, even if the co-wives performed ḥalîṣah, the sistersshould not be freed! But we have stated: Rebbi Eliezer said, the House of Shammai say, they shall keep them, but the House of Hillel say, they have to divorce. There are two Tannaïm interpreting the House of Shammai, one said if the co-wives performed ḥalîṣah, the sisters were freed, the other one said if the co-wives performed ḥalîṣah, the sisters were not freed.

If there were five brothers of whom three married three sisters and died: Rav said, each one [of the remaining brothers] performs ḥalîṣah for one of them, and the third [sister] performs ḥalîṣah with whom she wants. Samuel says, each one [of the remaining brothers] performs ḥalîṣah for one of them, and the third performs ḥalîṣah with both of them. Rav said that ḥalîṣah is acquisition. Samuel said that ḥalîṣah is freeing. Rebbi Ze‘ira said that ḥalîṣah is acquisition. Rebbi Hila said that ḥalîṣah is freeing. The words of the rabbis mean that ḥalîṣah is freeing. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”. Levi said, candidacy is acquisition and each [sister] has to perform ḥalîṣah with both [brothers].

HALAKHAH: “Three brothers, two of them married to two sisters,” etc. Ulla bar Ismael said, so explained Rebbi Hoshaia, the father of the Mishnah: Rebbi Simeon frees the second one from ḥalîṣah and levirate. Rebbi Joḥanan said, the group asked, would anybody think that a man could acquire two sisters together? Rebbi Ḥanina said before Rebbi Mana and disagreed: Why does Rebbi Simeon free the second one from ḥalîṣah and levirate? He said to him, because nobody thinks that a man could acquire two sisters together. There they said, the words of Rebbi Simeon imply that no candidacy can come after another candidacy. Rebbi Abba in the name of Rebbi Eleazar: Only if he sinned and had intercourse. What is the difference? If somebody from the market gave qiddushin to the second sister. Following the rabbis, perfect qiddushin. Following Rebbi Eleazar, suspended qiddushin. When he has intercourse with the first, the qiddushin become valid for the second. If he had intercourse with the second, following the rabbis it is an incestuous act. Following Rebbi Eleazar, it is not an incestuous act. If the first one died, following the rabbis the second is permitted to him.

Rebbi Yudan asked: If somebody gave qiddushin to a woman “from now and after thirty days” and her sister became a candidate for levirate with him during these thirty days, is even in this “his wife with him and the other one should leave as the wife’s sister”? He said, the House of Shammai said that only after candidacy and “bespeaking”. But that what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddushin are valid for her, does not follow the House of Shammai.

HALAKHAH: “Of three brothers,” etc. Rebbi Avina said, that is what Rebbi Yose said in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law does not compare with the prohibition of sisters who not are sisters-in-law.

Rebbi Joḥanan in the name of Rebbi Ḥalaphta from Haifa: Any who were married on the basis of such a document should not leave in order not to give a bad reputation to her children. His daughter who was married outside on the basis of such a document should not leave in order to damage her co-wife to her father. Her co-wife who was married outside on the basis of such a document has to leave. His daughter who married his brother on the basis of such a document has to leave. Her co-wife who was married to his brother on the basis of such a document, or even to her father, should not leave.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Two brothers married to two sisters,” etc. Rebbi Avina said, that is what Rebbi Hila, Rebbi Yose, said in the name of Rebbi Joḥanan: The prohibition of sisters who are sisters-in-law does not compare with the prohibition of sisters who not are sisters-in-law.

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

Rebbi Isaac ben Tevele in the name of Rebbi Eleazar: The reason of Rebbi Jehudah: “ The first-born whom she will bear shall be”; He compared it to a first-born. Since the first-born does not inherit during his father’s lifetime, so this one does not inherit during his father’s lifetime. But since the first-born inherits after his father’s death, does this one inherit after his father’s death? Rebbi Ze‘ira said, since the first-born does not inherit when it was time to inherit, so this one does not inherit when it was time to inherit. Afterwards he cannot inherit. Rebbi Abba bar Cahana, Rebbi Ḥiyya bar Ashi in the name of Rav: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Judah. Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaia, practice follows Rebbi Judah. Rebbi Joḥanan said, many times I sat before Rebbi Hoshaia and never heard that from him. He said to him, does nobody exist who heard something his partner did not hear?

HALAKHAH: “Similarly, if somebody divorces his wife,” etc. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”.

HALAKHAH: It says only: If the sister-in-law died, his wife is permitted to him. But if his wife died, his sister-in-law is forbidden to him. Rebbi Joḥanan said, these are the words of Rebbi Eliezer. But the Sages say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him. Rebbi Joḥanan said, the Sages hold that for anything induced by a cause, if the cause is removed the prohibition is removed. But for Rebbi Eliezer, if the cause is removed the prohibition remains.

HALAKHAH: It says only: If the sister-in-law died, his wife is permitted to him. But if his wife died, his sister-in-law is forbidden to him. Rebbi Joḥanan said, these are the words of Rebbi Eliezer. But the Sages say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him. Rebbi Joḥanan said, the Sages hold that for anything induced by a cause, if the cause is removed the prohibition is removed. But for Rebbi Eliezer, if the cause is removed the prohibition remains.

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Joḥanan said, everywhere one taught anonymous Mishnaiot, it follows the rabbis unless one’s teacher explains it [differently]. Rebbi Simeon ben Laqish says, all anonymous Mishnaiot follow Rebbi Meїr unless one’s teacher explains it [differently]. Rebbi Ze‘ira said before Rebbi Yasa, not that Rebbi Simeon ben Laqish disagrees, only he saw that most anonymous Mishnaiot follow Rebbi Meїr. Rebbi Ze‘ira asked before Rebbi Mana: What kind of teacher? The teacher of the baraita or the teacher of study? Does not the story of Rebbi Eleazar imply, the teacher of the baraita? “Following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands his chapters.” We have to say that he received instruction from the teacher of the baraita when he understood that Rebbi Ḥiyya stated it in the name of Rebbi Meїr.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood? But, she is blemished in that she cannot eat heave. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination”. She is an abomination, the child is not an abomination.

HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood? But, she is blemished in that she cannot eat heave. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination”. She is an abomination, the child is not an abomination.

Rebbi Yudan asked: If somebody gave qiddushin to a woman “from now and after thirty days” and her sister became a candidate for levirate with him during these thirty days, is there even in this case no “bespeaking” after “bespeaking? He said, Rabban Gamliel said only “after a bill of divorce and ‘bespeaking’ ”. But what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddushin are valid for her, does not follow Rabban Gamliel.

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.”

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

There, we have stated: “All women become impure in the outer cavity.” What is the outer cavity? Rebbi Joḥanan said, up to the place which is seen when girls sit down to urinate. Rebbi Simeon ben Laqish said to him, but in all impurities particular to her, she becomes impure only up to the place of teeth. Rebbi Zakkai stated: Up to the place of teeth, and from between the teeth to the inside. Rebbi Yose ben Rebbi Abun in the name of Samuel: The entire genitals are called “outer cavity”.

“He acquired her and there is no difference between intercourse and intercourse.” What did he acquire? Samuel said, he acquired only the things spelled out in the paragraph: To inherit the deceased’s property, (to be betrothed by a brother), and to permit her co-wife to the outside. Rebbi Joḥanan said, he acquired everything. Rebbi Isaac ben Eleazar said, when do they disagree? If he touched her. But if he completed the intercourse, everybody agrees that he acquired everything. Rebbi Mattaniah said, when do they disagree? If he had intercourse with her still in her father’s house. But if he had intercourse with her still in her husband’s house, everybody agrees that he acquired everything. Rebbi Yose said, the Mishnah said: If he married her, she is his wife in every respect.

May she eat heave? Rebbi Abba in the name of Samuel: It is reasonable that she should eat if she was eating during her husband’s lifetime; otherwise she may not eat. Rebbi Joḥanan said, she eats even if she did not eat before. Rebbi Yose said, even if she was only able to eat. There is a baraita in support of either one. There is a baraita supporting Samuel: A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat. There is a baraita supporting Rebbi Joḥanan: A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.

May she eat heave? Rebbi Abba in the name of Samuel: It is reasonable that she should eat if she was eating during her husband’s lifetime; otherwise she may not eat. Rebbi Joḥanan said, she eats even if she did not eat before. Rebbi Yose said, even if she was only able to eat. There is a baraita in support of either one. There is a baraita supporting Samuel: A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat. There is a baraita supporting Rebbi Joḥanan: A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.

MISHNAH: A man should not rest from being fruitful and multiply unless he has children. The House of Shammai say two males, but the House of Hillel say a male and a female, as it is said “male and female He created them.” If he married a wife and she stayed with him for ten years and had no child he is not permitted to rest. If he divorced her, she is permitted to marry another and the second [husband] is permitted to stay with her for ten years, and if she had a miscarriage she counts from the moment of the miscarriage. The man is commanded to be fruitful and multiply but not the woman. Rebbi Joḥanan ben Beroqa said, for both of them it says “God blessed them and God said to them, be fruitful and multiply,” etc.

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Hila in the name of Rebbi Eleazar: “They shall eat”, they shall enable to eat. The one who may eat enables to eat, the one who may not eat cannot enable to eat. Rebbi Joḥanan says, because of a fine. What is the difference between them? If an uncircumcised slave buys slaves. If you say, it is a fine, here there is no fine. If you say the one who may eat enables to eat, this one, since he is not able to eat, cannot enable to eat.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

The offspring of a paraphernalia animal belongs to the husband, that of a paraphernalia slave girl belongs to the wife. Ḥanania the nephew of Rebbi Joshua said, the offspring of a paraphernalia animal is like that of a paraphernalia slave girl. Rebbi Eleazar said to the colleagues, you should know that Rebbi Joḥanan follows Ḥanania the nephew of Rebbi Joshua. Rav and Samuel, Rav follows the rabbis, but Samuel follows Ḥanania the nephew of Rebbi Joshua. Samuel objected to Rav: According to you who says, they belong to the wife, should the first-born not take a double portion? Think of it, if she brought them when they were small and they grew up, are they not the wife’s, and you agree with me that the first-born takes a double portion!

HALAKHAH: Rebbi Eleazar said, so is the Mishnah: Her slaves may eat, his slaves may not eat. For if it were not so, she would eat but her slaves would not eat! Rebbi Josia in the name of Rebbi Joḥanan: If it is from this, she also should not eat. Rebbi Ḥaggai said before Rebbi Yose: Not that Rebbi Joḥanan disagrees, he only said, for if it were not so, she would eat but her slaves would not eat. There came a case before Rebbi Joshua ben Levi. He said, go out and look how the public behaves. Rebbi Abin said in the name of Rebbi Joshua ben Levi, not only this practice, but in any practical question which is weak in court and you do not know how to decide, go out and see how the public acts, and act accordingly. And we see that they do not eat. Rebbi Yose said, this means that [the fetus] does not disable anybody able to eat and does not enable anybody unable to eat.

HALAKHAH: Rebbi Eleazar said, so is the Mishnah: Her slaves may eat, his slaves may not eat. For if it were not so, she would eat but her slaves would not eat! Rebbi Josia in the name of Rebbi Joḥanan: If it is from this, she also should not eat. Rebbi Ḥaggai said before Rebbi Yose: Not that Rebbi Joḥanan disagrees, he only said, for if it were not so, she would eat but her slaves would not eat. There came a case before Rebbi Joshua ben Levi. He said, go out and look how the public behaves. Rebbi Abin said in the name of Rebbi Joshua ben Levi, not only this practice, but in any practical question which is weak in court and you do not know how to decide, go out and see how the public acts, and act accordingly. And we see that they do not eat. Rebbi Yose said, this means that [the fetus] does not disable anybody able to eat and does not enable anybody unable to eat.

Rebbi Ismael ben Rebbi Yose stated in the name of his father: If there was a daughter, she enables to eat. Rebbi Immi in the name of Rebbi Joḥanan: Because she is able to take her upkeep away from them. Is a wife not also able to take her upkeep away from them? She might request her ketubah be paid or lose her ketubah. This is difficult! The ketubah is a biblical institution, the upkeep of the daughters is rabbinical; do their institutions uproot a word of the Torah? It follows him who said that they accepted tithes voluntarily.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

“If they are unable to marry in Israel they disable.” These are: “A child of nine years and one day, an Ammonite, Moabite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women: Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

It is written: “Any slave who is a man bought by money.” You circumcise by force a slave who is a man, you do not circumcise by force a son who is a man. Rebbi Joḥanan asked, does this imply that you may circumcise a minor by force? Even like one of undescended testicles? Rebbi Ḥizqiah in the name of Rebbi Abba: It is so. “If he found there a foundling. If he immersed him as a slave, he circumcises him as a slave; [if he immersed him] as a free person, he circumcises him as a free person.” Rebbi Joḥanan asked, as a slave, he circumcises him as a slave; even like one of undescended testicles? Rebbi Abbahu and Rebbi Eleazar in the name of Rebbi Hoshaia did not say so, but “any slave who is a man bought by money.” If your slave is a man, you circumcise him by force. If your son is a man, you do not circumcise him by force. This refers to what Rebbi Hila said in the name of Rebbi Yasa: If somebody buys uncircumcised slaves from Gentiles on condition that he will circumcise them, in any case if they are slaves who are men, you circumcise them by force. On condition that he will not circumcise them, he is like a son who is a man, you do not circumcise him by force.

It is written: “Any slave who is a man bought by money.” You circumcise by force a slave who is a man, you do not circumcise by force a son who is a man. Rebbi Joḥanan asked, does this imply that you may circumcise a minor by force? Even like one of undescended testicles? Rebbi Ḥizqiah in the name of Rebbi Abba: It is so. “If he found there a foundling. If he immersed him as a slave, he circumcises him as a slave; [if he immersed him] as a free person, he circumcises him as a free person.” Rebbi Joḥanan asked, as a slave, he circumcises him as a slave; even like one of undescended testicles? Rebbi Abbahu and Rebbi Eleazar in the name of Rebbi Hoshaia did not say so, but “any slave who is a man bought by money.” If your slave is a man, you circumcise him by force. If your son is a man, you do not circumcise him by force. This refers to what Rebbi Hila said in the name of Rebbi Yasa: If somebody buys uncircumcised slaves from Gentiles on condition that he will circumcise them, in any case if they are slaves who are men, you circumcise them by force. On condition that he will not circumcise them, he is like a son who is a man, you do not circumcise him by force.

The one drawn [circumcised], the one born circumcised, and the circumcised before he converted may not eat heave. Rebbi Zeriqan, Rebbi Yannay ben Rebbi Ismael, in the name of Rebbi Joḥanan: As a fine. Rebbi Jeremiah, Rebbi Samuel ben Rav Isaac in the name of Rav: They instituted a fence. What is the difference between them? If another person drew it, or that it regrew by itself. If you want to say, it is a fine, there is no place for a fine. If you say they instituted a fence, nevertheless they instituted a fence.

There, we have stated: “Everybody is required to be seen except the deaf-and-dumb, the insane, the minor, the sexless, and the hermaphrodite.” What says Rebbi Jehudah in this respect? Let us hear from the following: Rebbi Joḥanan ben Dahavai said in the name of Rebbi Jehudah, “also the blind one.” Nobody says “also” unless he agrees with the preceding statement. The argument of Rebbi Jehudah seems to be inverted. There he says to exclude, but here he says to include. Rebbi Jehudah and the rabbis explain the same verse. The rabbis explain “uncircumcised”, why does the verse add “male”? Only if he is totally male. Rebbi Jehudah explains “male”, why does the verse add “uncircumcised”? Even if he is partially male. But here, “all your maleness”, that excludes the hermaphrodite.

It was stated: As long as he is occupied with the circumcision, he may return both to fibers which invalidate the circumcision as also to fibers that do not invalidate the circumcision. Once he has stopped, he may return only to fibers which invalidate the circumcision. Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision. Which [statement of] Rebbi Yose? That which we had stated there: “Rebbi Yose said, if the first day of Tabernacles falls on a Sabbath and somebody forgot [that it was the Sabbath] and took the palm branch into the public domain he is free [from punishment] since he took it out with permission.” Is it the same for the knife of circumcision, for a maṣṣah? Since Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision, that means the same holds for the knife of circumcision, for a maṣṣah.

It was stated: As long as he is occupied with the circumcision, he may return both to fibers which invalidate the circumcision as also to fibers that do not invalidate the circumcision. Once he has stopped, he may return only to fibers which invalidate the circumcision. Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision. Which [statement of] Rebbi Yose? That which we had stated there: “Rebbi Yose said, if the first day of Tabernacles falls on a Sabbath and somebody forgot [that it was the Sabbath] and took the palm branch into the public domain he is free [from punishment] since he took it out with permission.” Is it the same for the knife of circumcision, for a maṣṣah? Since Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision, that means the same holds for the knife of circumcision, for a maṣṣah.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

Some Tannaïm state: Through human action he is disqualified, through Heaven’s action he is qualified. Some Tannaïm state: He is disqualified both through human or Heaven’s action. He who said, through human action he is disqualified, through Heaven’s action he is qualified, infers it from a bastard. “A bastard may not marry,” “no one with a damaged testicle may marry.” Just as a bastard is created by human action, so the one injured in a testicle is created by human action. He who said, he is disqualified both through human or Heaven’s action, from where does he infer it? Rebbi Mana said, from here: “No one with a damaged testicle may marry,” ever. Rebbi Yose ben Rebbi Abun said, he still infers it from a bastard. “A bastard may not marry,” “no one with a damaged testicle may marry.” Just as a bastard is created by Heaven’s action, so the one injured in a testicle is created by Heaven’s action. Is the bastard created by Heaven’s action? His formation is by Heaven’s action. They wanted to say that he who said, through human action he is disqualified, through Heaven’s action he is qualified, follows Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa; he who said, he is disqualified both through human or Heaven’s action, [follows] the rabbis. Rebbi Aḥai bar Pappaios said before Rebbi Ze‘ira, all follows the rabbis. For instance, if scab developed and he rubbed or squeezed it off, that is human action induced by Heaven’s action.

“The one whose urethra is cut off, anyone whose penis is cut, but he is qualified if there is a thread’s [breath] left of the corona,” etc. Rebbi Yose in the name of Rebbi Ḥanina: Of the upper side of the corona. Rebbi Ḥiyya in the name of Rebbi Ḥanina: Of the lower side of the corona. Rebbi Joshua ben Levi said, of the lower side of the corona. There, they said, if it has the shape of a drainpipe, he is qualified. Rebbi Hila in the name of Rebbi Joḥanan, if it has the shape of a writing reed, he is qualified, of an inverted writing reed, he is disqualified. If it is punctured, from the inside he is disqualified, from the outside he is qualified. Rebbi Abba in the name of Rav Jehudah, “inside” [means] from the corona towards the body; “outside” [means] from the corona away from the body. If it is punctured, he is disqualified; if it became blocked, he is qualified. If [the urethra] is punctured, he is disqualified, because it pours out; if it became blocked, he is qualified because he can be fertile. That is a disqualification which can revert to a qualification. The only difference between one injured in his lower parts and one whose testicles are injured are medical rules since an injured testicle may heal, an injured urethra does not heal. What can he do? Rebbi Jacob bar Aḥa in the name of Rav Jehudah: He brings ants, lets them bite, and cuts them off.

In the opinion of Rebbi Jehudah, may a male bastard not marry a female bastard? Let us hear from the following, as Rebbi Immi said, Rebbi Jacob from Gebal stated before Rebbi Joḥanan, Rebbi Isaac bar Tevele in the name of Rebbi Simeon ben Laqish: Rebbi Jehudah stated that a male bastard should not marry a female bastard so that bastards should disappear from the world. Similarly, is an Ammonite man forbidden to marry an Ammonite woman? Was that needed for the rabbis? For if Rebbi Jehudah would think that disqualified converts form one of the Eternal’s congregations, then [the Ammonite] could not marry an Ammonite woman since for her he would be of the Eternal’s congregation. He could not marry an Egyptian woman since for her he would be of the Eternal’s congregation. Rebbi Mattania said, one frees a slave girl for him. Similarly, could an Egyptian man not marry an Egyptian woman? Let us hear from the following, as Rebbi Abbahu stated before Rebbi Joḥanan: “Rebbi Jehudah said, Benjamin, an Egyptian convert, was a student of Rebbi Aqiba. He said, I am an Egyptian convert married to an Egyptian convert. My son is an Egyptian convert; I shall marry him to an Egyptian convert so that my grandson will be qualified to marry into the congregation. Rebbi Aqiba said to him, my son, it is not so. But you marry him to the daughter of an Egyptian woman convert so that there should be three generations on every side.”

In the opinion of Rebbi Jehudah, may a male bastard not marry a female bastard? Let us hear from the following, as Rebbi Immi said, Rebbi Jacob from Gebal stated before Rebbi Joḥanan, Rebbi Isaac bar Tevele in the name of Rebbi Simeon ben Laqish: Rebbi Jehudah stated that a male bastard should not marry a female bastard so that bastards should disappear from the world. Similarly, is an Ammonite man forbidden to marry an Ammonite woman? Was that needed for the rabbis? For if Rebbi Jehudah would think that disqualified converts form one of the Eternal’s congregations, then [the Ammonite] could not marry an Ammonite woman since for her he would be of the Eternal’s congregation. He could not marry an Egyptian woman since for her he would be of the Eternal’s congregation. Rebbi Mattania said, one frees a slave girl for him. Similarly, could an Egyptian man not marry an Egyptian woman? Let us hear from the following, as Rebbi Abbahu stated before Rebbi Joḥanan: “Rebbi Jehudah said, Benjamin, an Egyptian convert, was a student of Rebbi Aqiba. He said, I am an Egyptian convert married to an Egyptian convert. My son is an Egyptian convert; I shall marry him to an Egyptian convert so that my grandson will be qualified to marry into the congregation. Rebbi Aqiba said to him, my son, it is not so. But you marry him to the daughter of an Egyptian woman convert so that there should be three generations on every side.”

Example. The elder Rebbi Hoshaia and Rebbi Judah Neśia were sitting together. Rebbi Joḥanan ran und whispered into Rebbi Hoshaia the elder’s ear: May a Cohen who is injured in his testicles marry the daughter of converts? He asked him, what did he tell you? He answered, a question which a carpenter, son of carpenters, cannot resolve. He did not ask me about a convert, since she is like a whore for him. He did not ask about an Israelite daughter, for she will be desecrated. He asked only about the daughter of converts! Is the daughter of converts not an Israel? You have to explain it following Rebbi Jehudah, since Rebbi Jehudah says, the daughter of a male convert has the status of a desecrated male.