bastard

A woman whose husband had gone to a country beyond the sea and they came and told her, “Your husband died”, married, and then her husband returned: She must leave this one and that one, and she also requires a get from this one and that one. She has no ketubah, no usufruct, no support money or worn clothes, neither from this one nor from that one. If she has taken anything from this one or that one, she must return it. The child from this one or that one is a mamzer. Neither this one nor that one may impurify himself for her. Neither this one and that one has a claim to whatever she may find, nor what she makes with her hands, nor to invalidate her vows. If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of tithe; and if the daughter of a priest, from the eating of terumah. Neither the heirs of this one nor the heirs of that one are entitled to inherit her ketubah. And if [the husbands] die, the brother of the one and the brother of the other must perform halitzah, but may not contract yibbum. Rabbi Yose said: her ketubah remains a charge upon the estate of her first husband. Rabbi Elazar said: the first husband is entitled to whatever she may find, and what she makes with her hands, and also has the right to invalidate her vows. Rabbi Shimon said: intercourse or halitzah with the brother of the first husband exempts her rival, and the child from him is not a bastard. If she married without an authorization, she may return to him.

The Jerusalem Talmud

Jerusalem Talmud Terumot 7:14

According to Rebbi Simeon ben Laqish, what is between these Tannaïm and those rabbis? Rebbi Judan said, Rebbi Simeon ben Laqish [is the one] who said following Rebbi Meïr, who said he is flogged and pays. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaïm think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the girls” cannot follow the rabbis! Rebbi Mattaniah said, he who sleeps with a bastard girl is between them.

Jerusalem Talmud Shabbat 12:16

Two families were in Sepphoris, one of city councillors and one rural, who were greeting the Patriarch every day. The councillors went in first and left first. The rural ones went and acquired [knowledge in] Torah. They came and wanted to have precedence. It was asked before Rebbi Simeon ben Laqish. Rebbi Simeon ben Laqish asked it from Rebbi Joḥanan. Rebbi Joḥanan went up and preached in Rebbi Benaiah’s house of study: “But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.” They wanted to say, to be redeemed, for clothing, and for livelihood, but not for the Academy. Rebbi Abbin said, even for the Academy. What is the reason? It is more precious than pearls, even than he who enters into the Most Holy [of the Sanctuary.]

Jerusalem Talmud Shabbat 12:16

Jerusalem Talmud Megillah 1:48

According to Rebbi Simeon ben Laqish, what is between these Tannaim and those rabbis? Prohibitions without extirpation. Rebbi Judan said, he who sleeps with a bastard girl is between them. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaim think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the adolescent girls who can claim a fine” cannot follow the rabbis! Rebbi Mattaniah said, explain it according to everybody if it refers to a bastard male who sleeps with a bastard girl But is his brother’s wife not his sister-in-law? Explain it that the man’s brother had children and had performed the preliminary wedding with a woman when he died and his brother came and raped her.

Jerusalem Talmud Megillah 1:48

Jerusalem Talmud Megillah 4:56

HALAKHAH: “One does not close with the Chariot, but Rebbi Jehudah permits. And Rebbi Eliezer says, one does not close with tell Jerusalem its abominations. It happened that somebody closed with tell Jerusalem its abominations. Rebbi Eliezer said to him, may this man go and be informed of the abominations of his mother. They checked him out and he was found to be a bastard.”

Jerusalem Talmud Chagigah 1:36

MISHNAH: Rebbi Simeon ben Menassiah says, who is distorted cannot be repaired? This is one committing incest or adultery and producing a bastard. If you would say a thief or robber, that one may repent and repair. Rebbi Simeon ben Menassia says, one calls distorted only what was correct before and became distorted. Who is that? This is a scholar who separated from the Torah.

Jerusalem Talmud Yevamot 1:5

It turns out that Rebbi Ḥuna follows Abba Shaul, as we have stated: “Abba Shaul says, one who brings his sister-in-law into his house because of beauty or another reason commits intercourse of prostitution and the child is close to be a bastard.”

Jerusalem Talmud Yevamot 1:6

Does Abba Shaul hold with Rebbi Aqiba? Since Rebbi Aqiba said, there exists a bastard from a sister-in-law! What Rebbi Aqiba said refers to a sister-in-law who whored. What Abba Shaul said refers to his sister-in-law. It comes like Rebbi Yose ben Ḥalaphta since Rebbi Yose ben Ḥalaphta contracted a levirate marriage with his brother’s wife. He ploughed five times and planted five saplings and had intercourse using a bedsheet. These are they: Rebbi Ismael ben Rebbi Yose, Rebbi Eleazar ben Rebbi Yose, Rebbi Menaḥem ben Rebbi Yose, and Rebbi Ḥalaphta ben Rebbi Yose, Rebbi Eudaimon ben Rebbi Yose.

Jerusalem Talmud Yevamot 1:18

Isaac, the son of the isatis grower, said that Rebbi Simeon ben Laqish asked, should we state sixteen women? Ḥalîṣah frees her co-wife! Rebbi Jacob the Southerner said before Rebbi Yose, why was this not stated? Because of Rebbi Aqiba, since Rebbi Aqiba said there is a bastard from a woman who got ḥalîṣah. One should have stated it for the rabbis! We came to state only things everybody agreed to. It turns out that Isaac, the son of the isatis grower, holds with Rebbi Immi. Rebbi Yasa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah. Both he and the brothers are guilty for the co-wife. Rebbi Simeon ben Laqish said, neither he nor the brothers are guilty for the woman who got ḥalîṣah or for the co-wife. Rebbi Immi switches the attributions. Rebbi Ze‘ira said before Rebbi Yasa, does not Rebbi Immi switch the attributions? But Rebbi Joḥanan had several opinions. Did Rebbi Simeon ben Laqish have several opinions? The statement of Isaac, the son of the isatis grower, supports Rebbi Immi and the statements of the rabbis support Rebbi Yasa, as both Rebbi Jeremiah, Rebbi Abba, said in the name of Rebbi Ḥiyya bar Abba: Everybody agrees about the co-wife that one is guilty. Where do they disagree? About the woman who got ḥalîṣah. Rebbi Joḥanan said, he is not guilty for the woman who got ḥalîṣah, but the brothers are guilty for the woman who got ḥalîṣah.

Jerusalem Talmud Yevamot 1:21

Rebbi Yudan asked: Following him who says that everybody agrees about the co-wife that he is guilty, if somebody from the market gave qiddushin to one of them and then the levir came and performed ḥalîṣah with her or had intercourse with her, did the qiddushin become invalid? If he performed ḥalîṣah with her companion but then had intercourse with her, were qiddushin validated retroactively? Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! But there is one sister-in-law, here are two sisters-in-law. The prohibition of a single sister-in-law is different from that of two sisters-in-law!

Jerusalem Talmud Yevamot 1:48

Rebbi Joḥanan ben Nuri said, look how this practice is widespread in Israel! If one upholds the words of the House of Shammai, the child is a bastard following the words of the House of Hillel. If one upholds the words of the House of Hillel, the child is a bastard following the words of the House of Shammai. Come and let us institute that the co-wife perform ḥalîṣah but not be admitted to levirate. It was stated: They did not manage to institute this before the time became unsuitable. Rabban Simeon ben Gamliel said, if it were so, what would one have done with the earlier co-wives who married?

Jerusalem Talmud Yevamot 1:48

Jerusalem Talmud Yevamot 1:49

Rebbi Eleazar said, even though the House of Hillel and the House of Shammai disagreed about co-wives, they agree that the child is not a bastard, since a bastard is only from a woman which is forbidden to [a man] by an incest prohibition and one is subject to extirpation for [sinning with] her. Rebbi Tarphon said, I would love to have a daughter’s co-wife to marry her into priesthood. They asked Rebbi Joshua, what are children of a daughter’s co-wife? He said to them, you bring my head between two large mountains, between the words of the House of Shammai and those of the House of Hillel, that they should smash my brain. But I testify about the family ‘Anubai from Bet Ṣeba‘im and the family Neqipai from Bet Meqošeš that they were sons of co-wives and their grandchildren were High Priests officiating on top of the altar.

Jerusalem Talmud Yevamot 1:49

Jerusalem Talmud Yevamot 1:53

“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.

Jerusalem Talmud Yevamot 1:53

Jerusalem Talmud Yevamot 2:15

MISHNAH: Commandment prohibition: Secondary prohibitions instituted by the Sopherim. Holiness prohibiton: A widow for the High Priest, a divorcee or one who had ḥalîṣah for a simple priest, a bastard or a Gibeoness to an Israel, a Jewish woman to a Gibeonite or a bastard.

Jerusalem Talmud Yevamot 2:15

Jerusalem Talmud Yevamot 4:13

It was stated: “The first son could be High Priest, any second son possibly is a bastard. Rebbi Eliezer ben Jacob said, there is no such thing as a possible bastard.” Rebbi Eliezer ben Jacob agrees in cases of doubt of Samaritans and desecrated persons. This refers to what we have stated there: “Ten classes returned from Babylonia.” In the opinion of Rebbi Eliezer ben Jacob, eight. In the opinion of Rabban Gamliel and Rebbi Eliezer, nine. In the opinion of the rabbis, ten.

Jerusalem Talmud Yevamot 4:13

Jerusalem Talmud Yevamot 4:49

MISHNAH: He who takes back his divorcee, or marries the woman with whom he performed ḥalîṣah, or marries a relative of the woman with whom he performed ḥalîṣah, has to divorce her and any child is a bastard, the words of Rebbi Aqiba. But the Sages say, it is not a bastard. But they agree that the child of one who marries a relative of his divorcee is a bastard.

Jerusalem Talmud Yevamot 4:49

Jerusalem Talmud Yevamot 4:51

MISHNAH: And what is a bastard? Any [child of a] blood-relation to whom he is forbidden to come, the words of Rebbi Aqiba. Simeon from Timna says, any [child of a relation] for which one is subject to extirpation by heaven’s action, and practice follows him. Rebbi Joshua said, any [child of a relation] which is a capital crime.

Jerusalem Talmud Yevamot 4:52

MISHNAH: Rebbi Simeon ben Azai said, I found a genealogical list in Jerusalem and it was written in it: The man X is a bastard from a married woman, to support the words of Rebbi Joshua.

Jerusalem Talmud Yevamot 4:53

HALAKHAH: “What is a bastard,” etc; “Rebbi Simeon ben Azai said,” etc. Rebbi Yose ben Ḥanina said, all of them learned from the father’s wife. “A man shall not take his father’s wife and not uncover his father’s garment’s wing.” Rebbi Aqiba explains: Just as his father’s wife is special in that she is a forbidden relation from which the child is a bastard, so in any case there is a forbidden relation, the child is a bastard. They objected, is there not a widow for the High Priest? There is a difference, since desecration is spelled out. Simeon from Timna explained: Just as his father’s wife is special in that one is subject to extirpation for her, the child is a bastard, so in any case that one is subject to extirpation for her, the child is a bastard. They objected, is there not the menstruating woman? There is a difference, since “blood-relation” is not written in reference to her. Rebbi Joshua explained: Just as his father’s wife is special in that one is subject to the death penalty for her, the child is a bastard, so in any case that one is subject to the death penalty for her, the child is a bastard.

Jerusalem Talmud Yevamot 4:53

Jerusalem Talmud Yevamot 4:55

Why did they say, practice follows Rebbi Simeon from Timna? Rebbi Yose ben Ḥanina said, from a place where all incest prohibitions were taken as one set [of sins] causing extirpation, the father’s wife came out to tell you about the bastard. The method of Rebbi Yose ben Ḥanina seems inverted. There, he infers from the set and here he infers from one of its members. As we have stated: “The commandments of the Eternal,” I could think that this includes also those who eat abominations and crawling things. You argue, saying that here it says “from the eyes” and there it says “from the eyes”. Just as “from the eyes” mentioned there means something for which one is obligated for a purification sacrifice in case of inadvertent sin and extirpation in case of intentional sin, also “from the eyes” mentioned here means something for which one is obligated for a purification sacrifice in case of inadvertent sin and extirpation in case of intentional sin. But since “from the eyes” mentioned there is a case involving the death penalty, does “from the eyes” mentioned here involve the death penalty? Rebbi Yose ben Ḥanina said, from the place from which idolatry was singled out to teach about all who are subject to extirpation, there was no mention of anything but extirpation. But the death penalty is written elsewhere. The method of Rebbi Yose ben Ḥanina seems inverted. There, he infers from the set and here he infers from one of its members! There, all incest prohibitions were taken together as to the duty of sacrifice. Idolatry was singled out to teach who is obligated for a sacrifice. What can you say? Here, all incest prohibitions were taken together concerning of bastards. The father’s wife was singled out to teach about the bastard.

Jerusalem Talmud Yevamot 4:55

Jerusalem Talmud Yevamot 5:19

HALAKHAH: “If he performed ḥalîṣah, ‘bespoke’,” etc. Even though they said there is no ḥalîṣah after ḥalîṣah, intercourse after ḥalîṣah disables her from priesthood. Is she not disabled from priesthood anyhow? But she is disabled from eating heave. If he had intercourse with the woman with whom he had performed ḥalîṣah, did he disable her from eating heave? It must be that his brothers copulated with her. That agrees with the position that he is not guilty about the woman with whom he had performed ḥalîṣah, but his brothers are guilty about the woman with whom he had performed ḥalîṣah. But following the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah? It must be that he had intercourse with the co-wife. That agrees with the position that everybody agrees that he is guilty about the co-wife. But following the position that neither he nor his brothers are guilty about the co-wife? It must be that his brothers had intercourse with the co-wife. That agrees with the position that neither he nor his brothers are guilty about the woman with whom he had performed ḥalîṣah but are guilty about the co-wife. But following the position that neither he nor his brothers are guilty about either the woman with whom he had performed ḥalîṣah or the co-wife? It must follow Rebbi Aqiba, since Rebbi Aqiba says that a bastard may come from a woman who had performed ḥalîṣah. Rebbi Yose said, explain it that the levir was a Cohen, had intercourse with her and desecrated her.

Jerusalem Talmud Yevamot 6:8

MISHNAH: Similarly, anybody who comes upon any of the incest-prohibited women specified in the Torah, or of the disqualified ones, [i. e.,] a widow for the High Priest or a divorcee or one who had participated in ḥalîṣah for a private Cohen, a bastard or Gibeonite female for an Israel, or an Israel woman for a male bastard or Gibeonite, disqualified her and there is no difference between intercourse and intercourse.

Jerusalem Talmud Yevamot 6:8

Jerusalem Talmud Yevamot 6:9

HALAKHAH: “Similarly, anybody who comes upon any of the incest-prohibited women,” etc. “He should not take a widow.” Even if under duress? The verse says, “he shall not desecrate his seed in his people.” Even if he touched? The verse does not say לא יחול but לא יחלל, even under duress; לא יחול but לא יחלל, even by touching. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: It says here “taking” and it says there “taking” referring to incest prohibitions. Since regarding “taking” referred to by incest prohibitions He treated the one who touched as equal to the one who completed, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed. Rebbi Ḥaggai asked, if regarding “taking” referred to by incest prohibitions He treated the one who touched as equal to the one who completed and the child is a bastard, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed and treat the child as a bastard. Rebbi Yosa said, for which purpose was “desecrated” written? Is not bastard worse than desecrated? Rebbi Abun bar Bisna came in the name of Rebbi Abba bar Mamal. It says here “taking” and it says there “taking” referring to the woman waiting for the levir. Since regarding “taking” referring to the one waiting for the levir He treated the one who touched as equal to the one who completed and the child is acceptable, so also regarding “taking” referred to here we should treat the one who touched as equal to the one who completed and treat the child as acceptable, since Rebbi Abba bar Mamal said: When he touched, he became guilty because of the desecrated one. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because of desecrating.

Jerusalem Talmud Yevamot 6:9

Jerusalem Talmud Yevamot 7:16

HALAKHAH: “The fetus, the levir, the betrothal,” etc. Rebbi Simeon said, here the logic is deficient, for if it is action to disable it also should be action to enable, and if it is not action to disable it also should not be action to enable. Rebbi Simeon is correct; what is the reason of the rabbis? “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. They objected: there is the bastard who may not eat and he enables to eat! There is a difference, since it is written “born in the house”. Then the born should enable, the not born should not enable! There is a difference, since it is written “and she returns to her father’s house”, to exclude the one waiting for the levir, “in her youth”, to exclude the pregnant one. Rebbi Yose said, that means that they considered pregnancy to be real to disable but did not consider it real to enable to eat. The words of the rabbis disagree since Ze‘ira said, there they state that the betrothed, the one waiting for the levir, and the pregnant, pay the capital but not the fifth. What are we speaking about? If about the daughter of a Cohen married to an Israel, even if she had children from him she is not an outsider for it. But we must deal with the daughter of an Israel married to a Cohen. If you say, they considered the fetus to be real to disable but did not consider it real to enable to eat, why does she pay the capital but not the fifth, should she not pay capital and fifth?

Jerusalem Talmud Yevamot 7:24

“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.

Jerusalem Talmud Yevamot 7:26

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.

Jerusalem Talmud Yevamot 7:26

Jerusalem Talmud Yevamot 7:27

MISHNAH: A bastard disables and enables to eat. How is this? A daughter of an Israel [married] to a Cohen [or] the daughter of a Cohen [married] to an Israel had a daughter from him. If the daughter went and married a slave or a Gentile and had a son from him, that is a bastard. If his mother’s mother was a daughter of an Israel [married] to a Cohen, she can eat heave, the daughter of a Cohen [married] to an Israel cannot eat heave.

Jerusalem Talmud Yevamot 7:27

Jerusalem Talmud Yevamot 7:28

HALAKHAH: “A bastard disables,” etc. Does that not disagree with Rav, since Rav said that if a Gentile or a slave has intercourse with a Jewish woman, the child is acceptable. Explain it that the Gentile disables and the slave disables.

Jerusalem Talmud Yevamot 8:22

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.

Jerusalem Talmud Yevamot 8:22

Jerusalem Talmud Yevamot 8:24

Rebbi Ḥilqiah, Rebbi Simon in the name of Rebbi Joshua ben Levi: One did state this only for an Israel with an injured testicle, but not a Cohen with an injured testicle. There, we have stated: “All those forbidden to marry into the congregation may marry one another; Rebbi Jehudah forbids.” Rebbi Jeremiah said, as a matter of principle, an Israel with an injured testicle may marry a female bastard. Rebbi Yose said, it applies only to family blemishes, not to bodily defects. The strength of Rebbi Yose comes from the statement of Rebbi Ḥilqiah, Rebbi Simon in the name of Rebbi Joshua ben Levi: One did state this only for an Israel with an injured testicle, but not a Cohen, since, as you say there, if he is certainly a Cohen it is disabling if he married a convert; here also, he is certainly an Israel and forbidden to marry a female bastard.

Jerusalem Talmud Yevamot 8:24

Jerusalem Talmud Yevamot 8:25

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.”

Jerusalem Talmud Yevamot 8:25

Jerusalem Talmud Yevamot 8:26

Rav Jehudah in the name of Rav: Practice follows Rebbi Eliezer. The words of the Sages? Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac, it is written: “No bastard shall marry into the Eternal’s congregation”. He cannot marry into a congregation which is certain. He may marry if the membership in the congregation is questionable.

Jerusalem Talmud Yevamot 8:27

There, we have stated: “If it is doubtful whether [the child is] a nine-month’s child of the first [brother] or a seven-month’s of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for a possible sin.” It was stated: “The first son could be High Priest, any second son possibly is a bastard. Rebbi Eliezer ben Jacob said, there is no such thing as a possible bastard.” Rebbi Eliezer ben Jacob agrees in cases of doubt of Samaritans and desecrated persons. This refers to what we have stated there: “Ten classes returned from Babylonia.” In the opinion of Rebbi Eliezer ben Jacob, eight. In the opinion of Rabban Gamliel and Rebbi Eliezer, nine. In the opinion of the rabbis, ten.

Jerusalem Talmud Yevamot 8:27

Jerusalem Talmud Yevamot 8:40

They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure. What is Rebbi Eliezer’s reason since he does not seem to follow Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to finish off the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. What is the reason? “ Also He is wise and brings evil;” should it not rather be “brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove,” why all this? “He overcomes the house of evildoers and accomplices of workers of iniquity.” That parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.

Jerusalem Talmud Yevamot 8:40

Jerusalem Talmud Yevamot 9:1

MISHNAH: There exist women permitted to their husbands but forbidden to their levirs, permitted to their levirs but forbidden to their husbands, permitted to both of them, or forbidden to both. The following are permitted to their husbands but forbidden to their levirs: If a simple priest was betrothed to a widow and has a brother who is High Priest, or a qualified man married a qualified woman and has a disqualified brother, or an Israel married an Israelite woman and has a bastard brother, or a bastard married a bastard woman and has an Israel brother, [the women] are permitted to their husbands and forbidden for their levirs.

Jerusalem Talmud Yevamot 9:1

Jerusalem Talmud Yevamot 9:4

MISHNAH: These are permitted to their levirs and forbidden to their husbands: If a High Priest was betrothed to a widow and has a brother who is a simple priest, or qualified [priest] married a disqualified woman and has a disqualified brother, or an Israel married a bastard woman and has a bastard brother, or a bastard who married an Israel woman and has an Israel brother; [the women] are permitted to their levirs and forbidden to their husbands.

Jerusalem Talmud Yevamot 9:4

Jerusalem Talmud Yevamot 9:7

MISHNAH: Forbidden to both of them: If a High Priest married a widow and has a brother who is a High Priest or a simple priest, or a qualified [priest] married a disqualified woman and has a qualified brother, or an Israel married a bastard woman and has an Israel brother, or a bastard married an Israel woman and has a bastard brother; these [women] are forbidden to both of them and all other women are permitted to their husbands and their levirs.

Jerusalem Talmud Yevamot 9:7

Jerusalem Talmud Yevamot 9:9

MISHNAH: Secondary prohibitions instituted by the Sopherim. If she is secondarily prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir. Secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband. Secondarily prohibited to both of them, she is forbidden to both of them. She may claim neither Ketubah nor usufruct nor upkeep nor wear but the child is qualified and one forces him to divorce her. A widow married to the High Priest, a divorcee of one that performed ḥalîṣah married to a simple priest, a female bastard or a Gibeoness married to an Israel, and Israel woman married to a Gibeonite or a bastard have a claim of Ketubah.

Jerusalem Talmud Yevamot 9:9

Jerusalem Talmud Yevamot 10:1

MISHNAH: A woman’s husband went overseas and some persons came and told her, your husband died. If she remarried and then the husband returned, she has to leave both husbands, she needs a bill of divorce from both of them, she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥalîṣah but not levirate.

Jerusalem Talmud Yevamot 10:6

“Any child from either of the men is a bastard.” One understands that the child is a bastard from the second [husband]. Is it a bastard from the first? Rebbi Abba in the name of Rebbi Ze‘ira, this follows Rebbi Aqiba, since Rebbi Aqiba says if a man copulates with his wife whom he accuses of infidelity the child is a bastard, if a man takes back his divorcee after she had remarried the child is a bastard. Rebbi Yose in the name of Rebbi Hila, according to everybody the child is acceptable; the status of her bill of divorce is the status of her bastardy. What is the difference between them? If the second one gave her a bill of divorce and then the first one copulated with her. In the opinion of Rebbi Abba in the name of Rebbi Ze‘ira, the child is a bastard following Rebbi Aqiba; in the opinion of Rebbi Yose in the name of Rebbi Hila, according to everybody the child is acceptable.

Jerusalem Talmud Yevamot 10:6