ben
6594 occurrences across the corpus
The Jerusalem Talmud
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.
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.
Even though Rebbi Joshua said, the child of him who sleeps with his sister is acceptable, he agrees that if the child was female that she is blemished for the priesthood. Even though Rebbi Simeon ben Jehudah [says] in the name of Rebbi Simeon: If a Gentile or a slave came to a daughter of Israel, the child is acceptable, they agree that if she was female, she is blemished for the priesthood. A man came to Rav and said, since the children of this man’s mother are from an Aramean? He said, acceptable. Rav Ḥama bar Guria said to him, let your feet carry you away before Samuel comes and declares you blemished. Even though Rav said, if a Gentile or a slave came to a daughter of Israel, the child is acceptable, he agrees that if she was female, she is blemished for the priesthood.
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.
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.
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.
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.
Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as wife for himself”, the same expression is used as for qiddushin of a woman. Just as qiddushin acquire completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”
Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as wife for himself”, the same expression is used as for qiddushin of a woman. Just as qiddushin acquire completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”
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”.
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.
HALAKHAH: “A widow to the High Priest,” etc. What is the reason of the rabbis? “Being” is mentioned here and “being” is mentioned there, “if a girl will be betrothed to a man.” Just as “being” there means betrothal, so “being” here means betrothal. What is the reason of Rebbi Eleazar and Rebbi Simeon? “Being” is mentioned here and “being” is mentioned there, “if the daughter of a Cohen will be an outside man’s”. Just as “being” there means marriage, so “being” here means marriage. Rebbi Yosa said, from where do Rebbi Eleazar and Rebbi Simeon know that the daughter of a Cohen betrothed to an Israel may not eat heave? Not from that verse, “if the daughter of a Cohen will be an outside man’s”? Here they make it betrothal, there they make it marriage! What is the reason of the rabbis? “A man’s”, the man who enables to eat. Is it not an argument de minore ad majus? Since an Israel, whose intercourse does not disable her from the priesthood, by intercourse will disable her from eating heave, the High Priest, whose intercourse does disable her from the priesthood, it should be logical that his intercourse will disable her from eating heave. No. If you argue about an Israel who cannot enable others to eat, what can you say about the High Priest who can enable others to eat? Since he can enable others to eat, his intercourse should not disable her from eating heave. The argument de minore ad majus is broken, and one has to return to the verse. Therefore, it must say “a man’s”; viz., the man who enables her to eat. What is the reason of Rebbi Eleazar and Rebbi Simeon, because he may eat or because he may enable to eat? Let us hear from the following: “If he did not know her after his testicles became injured or his penis cut off, these they enable to eat.” Rebbi Eleazar said, this follows Rebbi Eleazar and Rebbi Simeon. You have to say, here it is because he enables to eat, there because he cannot enable to eat. Rebbi Yose ben Rebbi Abun said, not really from betrothal or marriage. If they had copulated whether betrothed or married, they are disabled; if they had not copulated whether betrothed or married, they are enabled.
MISHNAH: The High Priest shall not marry a widow, whether a widow from betrothal or a widow from marriage. He shall not marry an adult; Rebbi Eleazar and Rebbi Simeon enable the adult. He shall not marry one injured by a piece of wood. If he gave qiddushin and afterwards was elected High Priest, he shall marry her; it happened that Joshua ben Gamla had given qiddushin to Martha bat Boetos when the king appointed him as High Priest and he married her. If a woman was waiting for her Cohen levir when he was elected High Priest, even though he “bespoke” her, he may not marry her. If the brother of a High Priest died, he performs ḥalîṣah but not levirate.
Also the House of Shammai agree, also Rebbi Simeon agrees but not Rebbi Eleazar ben Arakh, since Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely.
Also the House of Shammai agree, also Rebbi Simeon agrees but not Rebbi Eleazar ben Arakh, since Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely.
Rebbi Jehudah ben Pazi said, it is written: “Between their rows they make oil,” “they to not turn to the way of vineyards”, that their copulation was not for children. Rebbi Simon said, it is written: “They ate and were not satiated, they whored and did not spread,” that their copulation was not for children. It is written: “Lemekh took for himself two wives”, “Adah” who was beautifying her body. “Ṣillah”, who was sitting in the shadow of children.
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 Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
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 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 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.
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.
We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.
We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.
We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.
We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.
We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.
We find that Rebbi Ismael ben Rebbi Yose disagrees with his father since Rebbi Simon said in the name of Hilfai: Rebbi, Rebbi Ismael ben Rebbi Yose and Ben Qappara voted on the airspace of Ascalon and declared it pure from the testimony of Rebbi Phineas ben Yaïr who said, we were descending to the Saracen [market] at Ascalon where we bought wheat, returned to our town, immersed ourselves and ate our heave. The next day they wanted to vote to free it from tithes but Rebbi Ismael ben Rebbi Yose removed his hand. He was leaning on Ben Qappara. He said to him, my son, why did you not say to me: did you not remove your hand? I would have told you that yesterday I was he who declared it impure, I am he who declared it pure. But now I am saying, maybe it was conquered within the meaning of the Torah, how can I free it from the meaning of the Torah? When is it impure because of territory of Gentiles? But we found that he stated in the name of his father that they accepted tithes voluntarily! And he said, it is correct that if tithes are from their words and the food of the daughters is of their words that their words may uproot their words.
“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.
“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: “The uncircumcised and any impure persons,” etc. “Every man”, to include the uncircumcised. Or “every man” to include the mourner? Rebbi Yose ben Ḥanina said, it is written, “no outsider shall eat sanctified [food]”. I forbade to you because of outside status, I did not forbid because of prepuce. The reddish Rebbi Tiufa asked before Rebbi Yose: may we not say, I did not forbid because of prepuce and because of mourning? He said to him, since one verse includes and the other excludes, I am including the uncircumcised who is missing some procedure performed on his body and excluding the mourner who is not missing some procedure performed on his body. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: It said “sojourner and hireling” with regard to Passover and “sojourner and hireling” with regard to heave. Since “sojourner and hireling” with regard to Passover implies disabling the uncircumcised, so “sojourner and hireling” with regard to heave must imply disabling the uncircumcised. Rebbi Ḥaggai questioned: If “sojourner and hireling” with regard to Passover is in a group of laws disabling the mourner, also “sojourner and hireling” with regard to heave should imply disabling the mourner. Rebbi Hila answered: They inferred from “under, under” only items mentioned in the paragraph. The sexless and the hermaphrodite came under another category. The mourner comes from second tithe.
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.
Rebbi Isaac bar Naḥman also said: Rebbi Joshua ben Levi was in Laodicea and met there Rebbi Jehudah the Patriarch. He wanted to leave early, when he said to him wait for us tomorrow to immerse this woman convert. Rebbi Zera asked Rebbi Isaac bar Naḥman: Was that to honor the old man or because one does not immerse a woman convert at night? He said to him, because one does not immerse a woman convert at night. A case came before Rebbi Yose whether one may immerse converts at night. They could not agree.
A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.
A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.
A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written. What does it mean, the words are [interpreted] as they are written? Rebbi Yose ben Ḥanina said, “You shall not eat any cadaver; to the sojourner in your midst you shall give it that he eat it.” Some Tannaim state: One does not receive a sojourner unless he accepts all commandments written in the Torah. Some Tannaim state: One does not receive a sojourner unless he renounces his idolatry. Rebbi Abba in the name of Rebbi Ḥiyya bar Ashi: One does not receive a sojourner unless he renounces his idolatry as a Gentile. Rebbi Ze‘ira said, from their consensus: unless he renounces his idolatry as a Gentile. For if it were not so, what would we say? Since he is forbidden idolatry he cannot render profane. But are Gentiles not also forbidden idolatry and they do render profane? Rebbi Yose said, that you should not say, since he is equal to an Israel in three respects, do not oppress, do not cheat, and he is exiled like an Israel, that he has no power to render profane. Therefore, it was necessary to spell out that he renders idols profane like a Gentile. Who is the Tanna who includes “do not oppress”? He is Rebbi Yose ben Rebbi Jehudah, as it was stated: The sojourner is protected by the prohibition, the words of Rebbi Yose ben Rebbi Jehudah.
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.
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.
It was stated: “A Jew may circumcise a Samaritan but a Samaritan may not circumcise a Jew since he is circumcised in the name of Mount Gerizim, the words of Rebbi Jehudah. Rebbi Yose said to him, where do we find in the Torah that circumcision needs intent? Let him continue to circumcise in the name of Mount Gerizim until he dies!” “The drawn should not circumcise [again] lest he get into danger, the words of Rebbi Jehudah. Rebbi Yose said to him, many drawn ones were in the days of Ben Koziba, they all circumcised, lived, and begat sons and daughters. One has to draw a drop of covenant blood from the drawn [circumcised], the one born circumcised, and the circumcised before he converted. Rebbi Simeon ben Eleazar stated: The House of Shammai and the House of Hillel did not disagree that one has to draw a drop of covenant blood from the one born circumcised since that is a compressed prepuce; what did they disagree about? About the convert who converted when already circumcised, for the House of Shammai said one has to draw a drop of covenant blood from him, but the House of Hillel say, one does not have to draw a drop of covenant blood from him.” Rebbi Issac bar Naḥman said in the name of Rebbi Hoshaia: Practice follows the words of the student. There came a case before Rav, who said: Who is he who said that it is a compressed prepuce? That means, he certainly is uncircumcised and one pushes the Sabbath away for him. Rebbi Abbahu said, one does not push the Sabbath away for him but one has to draw a drop of covenant blood from him. A male child was born to Rav Ada bar Aḥawa in that condition. He squeezed it, he died. Rebbi Abin said, his penis was damaged and he fasted for him that he should die. The rabbis of Caesarea said, his testicles became injured and he fasted for him that he should die.
It was stated: “A Jew may circumcise a Samaritan but a Samaritan may not circumcise a Jew since he is circumcised in the name of Mount Gerizim, the words of Rebbi Jehudah. Rebbi Yose said to him, where do we find in the Torah that circumcision needs intent? Let him continue to circumcise in the name of Mount Gerizim until he dies!” “The drawn should not circumcise [again] lest he get into danger, the words of Rebbi Jehudah. Rebbi Yose said to him, many drawn ones were in the days of Ben Koziba, they all circumcised, lived, and begat sons and daughters. One has to draw a drop of covenant blood from the drawn [circumcised], the one born circumcised, and the circumcised before he converted. Rebbi Simeon ben Eleazar stated: The House of Shammai and the House of Hillel did not disagree that one has to draw a drop of covenant blood from the one born circumcised since that is a compressed prepuce; what did they disagree about? About the convert who converted when already circumcised, for the House of Shammai said one has to draw a drop of covenant blood from him, but the House of Hillel say, one does not have to draw a drop of covenant blood from him.” Rebbi Issac bar Naḥman said in the name of Rebbi Hoshaia: Practice follows the words of the student. There came a case before Rav, who said: Who is he who said that it is a compressed prepuce? That means, he certainly is uncircumcised and one pushes the Sabbath away for him. Rebbi Abbahu said, one does not push the Sabbath away for him but one has to draw a drop of covenant blood from him. A male child was born to Rav Ada bar Aḥawa in that condition. He squeezed it, he died. Rebbi Abin said, his penis was damaged and he fasted for him that he should die. The rabbis of Caesarea said, his testicles became injured and he fasted for him that he should die.
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.
There, we have stated: “These are the fibers which invalidate the circumcision.” Rebbi Avina in the name of Rebbi Jeremiah: If it covers most of the height of the corona. Rebbi Yose ben Yose said, if it covers most of the top of the corona. Rebbi Tebi in the name of Samuel: One checks at the time of an erection. “If he circumcised and did not fold back, it is as if he did not circumcise.” It was stated: He is subject to divine extirpation. Rebbi Aḥa in the name of Rebbi Abbahu: That is to say if there is no time left in the day to correct it. But if there is time left in the day to correct, he corrects without hesitation.
“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.
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.
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.
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.
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.
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.”
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.
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.
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.
Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in Rhodes was in bad reputation. Rebbi sent Rebbi Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Zeїra said, here it is everybody’s opinion since Rebbi Zeїra said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity,” which is a prohibition deduced from a positive commandment. Similarly, (Lev. 21:14) “only a virgin from among his people he shall take as wife,” not a proselyte. Any prohibition deduced from a positive commandment is a positive commandment. Rebbi Hoshaia objected: But the second generation of an Egyptian is under a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for an Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for an Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.
Rebbi Zakkai stated before Rebbi Joḥanan: The daughter of an Ammonite convert is enabled, the daughter of an Ammonite woman convert is disabled. Rebbi Joḥanan told him: Babylonian, you crossed three rivers on your way and got lost! But both the daughter of an Ammonite convert and the daughter of an Ammonite woman convert are enabled. Rebbi Yosa in the name of Rebbi Joḥanan: The statement is needed only if her mother was from Israel. That you should not say, since her mother was desecrated, so the daughter is desecrated. Rebbi Abbahu in the name of Rebbi Joḥanan, she is enabled even for the High Priest. What is the reason? “In his peoples”. A people divided into two peoples, the males are forbidden but their females permitted. Rebbi Ḥaggai in the name of Rebbi Pedat: Rebbi Simeon ben Laqish did not say so, but the daughter of an Ammonite convert is disabled since she comes from a disabled drop. Rebbi Joḥanan said, we have stated thus: Of Gentiles married unconverted, the males are permanently forbidden but their females are immediately permitted. If they converted, the males are permanently forbidden but their females are permitted after three generations. Rebbi Ḥizqiah in the name of [Rebbi] Aḥa: A baraita states this: From where can you say that if one of any of the families of the earth cohabited with a Canaanite woman and she gave birth to a son, that you may buy him as a slave? The verse says, “whom they will father in your land,” not from those who dwell in your land.
“They said to him: If it is practice, we shall accept this; if it is a logical argument, there is a counter-argument.” What could they have argued? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Are not his grandchildren forbidden for three generations, both male and female? Rebbi Abbahu said that Rebbi Simeon ben Laqish questioned, does one argue a matter concerning bastardy in a matter not concerning bastardy? Rebbi Ḥaggai said that Rebbi Abbahu questioned, does one argue a matter concerning extirpation in a matter not concerning extirpation? He said to them, in fact, I am declaring practice and a verse supports me. “Sons,” not daughters.
“They said to him: If it is practice, we shall accept this; if it is a logical argument, there is a counter-argument.” What could they have argued? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Are not his grandchildren forbidden for three generations, both male and female? Rebbi Abbahu said that Rebbi Simeon ben Laqish questioned, does one argue a matter concerning bastardy in a matter not concerning bastardy? Rebbi Ḥaggai said that Rebbi Abbahu questioned, does one argue a matter concerning extirpation in a matter not concerning extirpation? He said to them, in fact, I am declaring practice and a verse supports me. “Sons,” not daughters.
Rebbi Jacob bar Aḥa in the name of Rebbi Josia: The eleventh generation of bastards is qualified following Rebbi Simeon; he does not use the principle of gezerah šawah. It was stated: Rebbi Eleazar ben Rebbi Simeon says, in the eleventh generation of bastards, the males are forbidden and the females permitted. Here also the males are forbidden and the females permitted. Rebbi Samuel ben Rebbi Yose ben Rebbi Abun said, it turns out that Rebbi Eleazar ben Rebbi Simeon follows the argument of Rebbi Meїr. As Rebbi Meїr said, a gezerah šawah is as if written in a verse, so Rebbi [Eleazar] ben Rebbi Simeon says, a gezerah šawah is as if written in a verse. Here also, the males are forbidden and the females permitted. In that case, even immediately? Only from the tenth and further.
Rebbi Jacob bar Aḥa in the name of Rebbi Josia: The eleventh generation of bastards is qualified following Rebbi Simeon; he does not use the principle of gezerah šawah. It was stated: Rebbi Eleazar ben Rebbi Simeon says, in the eleventh generation of bastards, the males are forbidden and the females permitted. Here also the males are forbidden and the females permitted. Rebbi Samuel ben Rebbi Yose ben Rebbi Abun said, it turns out that Rebbi Eleazar ben Rebbi Simeon follows the argument of Rebbi Meїr. As Rebbi Meїr said, a gezerah šawah is as if written in a verse, so Rebbi [Eleazar] ben Rebbi Simeon says, a gezerah šawah is as if written in a verse. Here also, the males are forbidden and the females permitted. In that case, even immediately? Only from the tenth and further.
Rebbi Jacob bar Aḥa in the name of Rebbi Josia: The eleventh generation of bastards is qualified following Rebbi Simeon; he does not use the principle of gezerah šawah. It was stated: Rebbi Eleazar ben Rebbi Simeon says, in the eleventh generation of bastards, the males are forbidden and the females permitted. Here also the males are forbidden and the females permitted. Rebbi Samuel ben Rebbi Yose ben Rebbi Abun said, it turns out that Rebbi Eleazar ben Rebbi Simeon follows the argument of Rebbi Meїr. As Rebbi Meїr said, a gezerah šawah is as if written in a verse, so Rebbi [Eleazar] ben Rebbi Simeon says, a gezerah šawah is as if written in a verse. Here also, the males are forbidden and the females permitted. In that case, even immediately? Only from the tenth and further.
Rebbi Jacob bar Aḥa in the name of Rebbi Josia: The eleventh generation of bastards is qualified following Rebbi Simeon; he does not use the principle of gezerah šawah. It was stated: Rebbi Eleazar ben Rebbi Simeon says, in the eleventh generation of bastards, the males are forbidden and the females permitted. Here also the males are forbidden and the females permitted. Rebbi Samuel ben Rebbi Yose ben Rebbi Abun said, it turns out that Rebbi Eleazar ben Rebbi Simeon follows the argument of Rebbi Meїr. As Rebbi Meїr said, a gezerah šawah is as if written in a verse, so Rebbi [Eleazar] ben Rebbi Simeon says, a gezerah šawah is as if written in a verse. Here also, the males are forbidden and the females permitted. In that case, even immediately? Only from the tenth and further.
Rebbi Jacob bar Aḥa in the name of Rebbi Josia: The eleventh generation of bastards is qualified following Rebbi Simeon; he does not use the principle of gezerah šawah. It was stated: Rebbi Eleazar ben Rebbi Simeon says, in the eleventh generation of bastards, the males are forbidden and the females permitted. Here also the males are forbidden and the females permitted. Rebbi Samuel ben Rebbi Yose ben Rebbi Abun said, it turns out that Rebbi Eleazar ben Rebbi Simeon follows the argument of Rebbi Meїr. As Rebbi Meїr said, a gezerah šawah is as if written in a verse, so Rebbi [Eleazar] ben Rebbi Simeon says, a gezerah šawah is as if written in a verse. Here also, the males are forbidden and the females permitted. In that case, even immediately? Only from the tenth and further.
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.
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.
Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.
Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.
Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.
Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.
Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.
HALAKHAH: “A congenital castrate priest,” etc. It was stated: He enables her to eat breast and thigh. Rebbi Joḥanan said, he enables her for heave but not for breast and thigh. Rebbi Simeon ben Laqish said, there are several arguments de minore ad majus in this matter. Rebbi Yose ben Rebbi Ḥanina asked, what means “there are several arguments de minore ad majus in this matter”? He said to him, open your mouth and receive. Rebbi Mana said, he made fun of him. Rebbi Abun said, he gave him an example. “Since she eats heave that never was within the reach of an Israel, is it not logical that she should eat breast and thigh that were within the reach of Israel? Breast and thigh were within the reach of Israel but when they became guilty these were taken from them and given to the priests. I could think, since these were taken from them when they incurred guilt, so they would be given back to them when they acquire merit. The verse says, ‘I gave them to Aaron and his sons for an eternal law;’ since a gift is not returned, so these are not returned.”
HALAKHAH: “A congenital castrate priest,” etc. It was stated: He enables her to eat breast and thigh. Rebbi Joḥanan said, he enables her for heave but not for breast and thigh. Rebbi Simeon ben Laqish said, there are several arguments de minore ad majus in this matter. Rebbi Yose ben Rebbi Ḥanina asked, what means “there are several arguments de minore ad majus in this matter”? He said to him, open your mouth and receive. Rebbi Mana said, he made fun of him. Rebbi Abun said, he gave him an example. “Since she eats heave that never was within the reach of an Israel, is it not logical that she should eat breast and thigh that were within the reach of Israel? Breast and thigh were within the reach of Israel but when they became guilty these were taken from them and given to the priests. I could think, since these were taken from them when they incurred guilt, so they would be given back to them when they acquire merit. The verse says, ‘I gave them to Aaron and his sons for an eternal law;’ since a gift is not returned, so these are not returned.”
Rebbi Jacob bar Aḥa said the argument is about the daughter of an Israel married to a Cohen: Rebbi Joḥanan said, he enables her for heave but not for breast and thigh. Rebbi Simeon ben Laqish said, there are several arguments de minore ad majus in this matter. Rebbi Yose ben Rebbi Ḥanina asked, what means “there are several arguments de minore ad majus in this matter”? He said to him, open your mouth and receive. Rebbi Mana said, he made fun of him. Rebbi Abun said, he gave him an example. “Since she eats heave that never was within the reach of an Israel, is it not logical that she should eat breast and thigh that were within the reach of Israel? Breast and thigh were within the reach of Israel but when they became guilty these were taken from them and given to the priests. I could think, since these were taken from them when they incurred guilt, so they would be given back to them when they acquire merit. The verse says, ‘I gave them to Aaron the priest and his sons for an eternal law;’ since a gift is not returned, so these are not returned.”
Rebbi Jacob bar Aḥa said the argument is about the daughter of an Israel married to a Cohen: Rebbi Joḥanan said, he enables her for heave but not for breast and thigh. Rebbi Simeon ben Laqish said, there are several arguments de minore ad majus in this matter. Rebbi Yose ben Rebbi Ḥanina asked, what means “there are several arguments de minore ad majus in this matter”? He said to him, open your mouth and receive. Rebbi Mana said, he made fun of him. Rebbi Abun said, he gave him an example. “Since she eats heave that never was within the reach of an Israel, is it not logical that she should eat breast and thigh that were within the reach of Israel? Breast and thigh were within the reach of Israel but when they became guilty these were taken from them and given to the priests. I could think, since these were taken from them when they incurred guilt, so they would be given back to them when they acquire merit. The verse says, ‘I gave them to Aaron the priest and his sons for an eternal law;’ since a gift is not returned, so these are not returned.”
Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public, the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits, he testifies, his grain offering is burnt completely, one says grace with him as with a male.
Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public, the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits, he testifies, his grain offering is burnt completely, one says grace with him as with a male.
Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public, the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits, he testifies, his grain offering is burnt completely, one says grace with him as with a male.
“If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say in the name of Rav that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women and disqualified men against qualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified women but it is only disqualified women against qualified women. “If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a desecrated [priest], married to a woman qualified for the priesthood, has a qualified brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified men but it is only disqualified women against qualified men.
“If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say in the name of Rav that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women and disqualified men against qualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified women but it is only disqualified women against qualified women. “If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a desecrated [priest], married to a woman qualified for the priesthood, has a qualified brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified men but it is only disqualified women against qualified men.
“If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say in the name of Rav that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women and disqualified men against qualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified women but it is only disqualified women against qualified women. “If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a desecrated [priest], married to a woman qualified for the priesthood, has a qualified brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified men but it is only disqualified women against qualified men.
“If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say in the name of Rav that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women and disqualified men against qualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified women but it is only disqualified women against qualified women. “If a qualified [priest], married to a woman qualified for the priesthood, has a desecrated brother, she is permitted to her husband and forbidden to her levir.” Did not Rebbi Yose ben Rebbi Abun say that a proselyte, a freedman, and a disqualified priest are permitted priestly [wives]? So is the Mishnah: If a desecrated [priest], married to a woman qualified for the priesthood, has a qualified brother. Rebbi Yose ben Rebbi Abun said in the name of Rav: A proselyte, a freedman, and a disqualified priest are permitted priestly [wives]. What is the reason? Qualified men are warned against disqualified women but not disqualified women against qualified men nor qualified women against disqualified men. Did we not state: “they should not take, should not take”, which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified men but it is only disqualified women against qualified men.
HALAKHAH: “A Cohen’s daughter married to an Israel,” etc. Rebbi Leontes asked before Rebbi Yose: One understands that a Cohen’s daughter who was married to an Israel returns to eat. But why does the daughter of an Israel married to a Cohen not eat when she should be enabled to eat? He said to him, so said Rebbi Ze‘ira, Rav Anan in the name of Rav: What means “a Cohen’s daughter”, one who is trained by a Cohen. As you say, “Babylon’s ransacked daughter,” was she the daughter of Babylon? But she behaved in Babylon’s way. Rebbi Yose ben Rebbi Abun in the name of Rav: Two daughters are mentioned in the paragraph. One returns and eats, the other returns but does not eat. A Cohen’s daughter who was married to an Israel returns to eat. A daughter of an Israel married to a Cohen returns but does not eat. Say also, if she was married to a qualified person, she returns and eats, to a disqualified person she returns but does not eat. Rav said, practice is that she returns to eat heave but not to eat breast and foreleg. Rebbi Joḥanan said, she eats breast and foreleg. Rebbi Ḥiyya stated a support for Rav: “of food,” not all the food. Rebbi Simeon ben Ioḥai stated a support for Rebbi Joḥanan: “of her father’s food she shall eat,” to include the loaves of the thanksgiving sacrifice and the cakes of the nazir.
HALAKHAH: “A Cohen’s daughter married to an Israel,” etc. Rebbi Leontes asked before Rebbi Yose: One understands that a Cohen’s daughter who was married to an Israel returns to eat. But why does the daughter of an Israel married to a Cohen not eat when she should be enabled to eat? He said to him, so said Rebbi Ze‘ira, Rav Anan in the name of Rav: What means “a Cohen’s daughter”, one who is trained by a Cohen. As you say, “Babylon’s ransacked daughter,” was she the daughter of Babylon? But she behaved in Babylon’s way. Rebbi Yose ben Rebbi Abun in the name of Rav: Two daughters are mentioned in the paragraph. One returns and eats, the other returns but does not eat. A Cohen’s daughter who was married to an Israel returns to eat. A daughter of an Israel married to a Cohen returns but does not eat. Say also, if she was married to a qualified person, she returns and eats, to a disqualified person she returns but does not eat. Rav said, practice is that she returns to eat heave but not to eat breast and foreleg. Rebbi Joḥanan said, she eats breast and foreleg. Rebbi Ḥiyya stated a support for Rav: “of food,” not all the food. Rebbi Simeon ben Ioḥai stated a support for Rebbi Joḥanan: “of her father’s food she shall eat,” to include the loaves of the thanksgiving sacrifice and the cakes of the nazir.