ben
6594 occurrences across the corpus
The Jerusalem Talmud
HALAKHAH: “A woman’s husband went overseas,” etc. As you say there, “these women one separates for three months to see whether they are pregnant. If they were minors not yet able to have a child one returns them at once.” Should one not say the same here? There is a difference, since there others deceived them. Did here not also others deceive them? They instituted a fine so that she should investigate carefully. Then they should fine her with respect to the second [husband] but not with respect to the first! Rebbi Joḥanan said, they touched this case because it looks like adultery. Then she should not need a bill of divorce from him! There is a difference since she was married to him in a lawful manner. Samuel said, I say, maybe he sent her a bill of divorce from overseas. Rebbi Ḥaggai objected before Rebbi Ze‘ira: Did we not state: “If they said to her, your husband has died, she was betrothed and then her husband came, she is permitted to return to him.” If you say, maybe he sent her a bill of divorce from overseas; should she not be forbidden to return to him? But it must follow Rebbi Yose ben Kipper, as Rebbi Yose ben Kipper said, from betrothal it is permitted. Did Rebbi Yose ben Kipper not agree that if the second husband gave her a bill of divorce that she was not disabled from priesthood? As we have stated, “even if the second husband gave her a bill of divorce, she was not disabled from priesthood.” The rabbis of Caesarea in the name of Rebbi Hila: In order to make clear the prohibition of the first.
HALAKHAH: “A woman’s husband went overseas,” etc. As you say there, “these women one separates for three months to see whether they are pregnant. If they were minors not yet able to have a child one returns them at once.” Should one not say the same here? There is a difference, since there others deceived them. Did here not also others deceive them? They instituted a fine so that she should investigate carefully. Then they should fine her with respect to the second [husband] but not with respect to the first! Rebbi Joḥanan said, they touched this case because it looks like adultery. Then she should not need a bill of divorce from him! There is a difference since she was married to him in a lawful manner. Samuel said, I say, maybe he sent her a bill of divorce from overseas. Rebbi Ḥaggai objected before Rebbi Ze‘ira: Did we not state: “If they said to her, your husband has died, she was betrothed and then her husband came, she is permitted to return to him.” If you say, maybe he sent her a bill of divorce from overseas; should she not be forbidden to return to him? But it must follow Rebbi Yose ben Kipper, as Rebbi Yose ben Kipper said, from betrothal it is permitted. Did Rebbi Yose ben Kipper not agree that if the second husband gave her a bill of divorce that she was not disabled from priesthood? As we have stated, “even if the second husband gave her a bill of divorce, she was not disabled from priesthood.” The rabbis of Caesarea in the name of Rebbi Hila: In order to make clear the prohibition of the first.
HALAKHAH: “A woman’s husband went overseas,” etc. As you say there, “these women one separates for three months to see whether they are pregnant. If they were minors not yet able to have a child one returns them at once.” Should one not say the same here? There is a difference, since there others deceived them. Did here not also others deceive them? They instituted a fine so that she should investigate carefully. Then they should fine her with respect to the second [husband] but not with respect to the first! Rebbi Joḥanan said, they touched this case because it looks like adultery. Then she should not need a bill of divorce from him! There is a difference since she was married to him in a lawful manner. Samuel said, I say, maybe he sent her a bill of divorce from overseas. Rebbi Ḥaggai objected before Rebbi Ze‘ira: Did we not state: “If they said to her, your husband has died, she was betrothed and then her husband came, she is permitted to return to him.” If you say, maybe he sent her a bill of divorce from overseas; should she not be forbidden to return to him? But it must follow Rebbi Yose ben Kipper, as Rebbi Yose ben Kipper said, from betrothal it is permitted. Did Rebbi Yose ben Kipper not agree that if the second husband gave her a bill of divorce that she was not disabled from priesthood? As we have stated, “even if the second husband gave her a bill of divorce, she was not disabled from priesthood.” The rabbis of Caesarea in the name of Rebbi Hila: In order to make clear the prohibition of the first.
Rebbi Bisna in the name of Rebbi Joshua ben Levi: A promiscuous priestly woman may eat tithe. Is that not the Mishnah: “the daughter of a Cohen from heave,” this implies that she eats tithe. It may follow him who says that tithe is not given to Cohanim. Rebbi Nasa said, the words of the rabbis disagree, since Rebbi Hila, Simeon ben Yosina, in the name of Rebbi Hoshaia said: If a Cohen came upon a divorcee, had a son from her, and died. [If the father died] within thirty days [of the son’s birth], the son must redeem himself. After thirty days, the presumption is that his father redeemed him. If he redeems for others, certainly for his son.
Rebbi Bisna in the name of Rebbi Joshua ben Levi: A promiscuous priestly woman may eat tithe. Is that not the Mishnah: “the daughter of a Cohen from heave,” this implies that she eats tithe. It may follow him who says that tithe is not given to Cohanim. Rebbi Nasa said, the words of the rabbis disagree, since Rebbi Hila, Simeon ben Yosina, in the name of Rebbi Hoshaia said: If a Cohen came upon a divorcee, had a son from her, and died. [If the father died] within thirty days [of the son’s birth], the son must redeem himself. After thirty days, the presumption is that his father redeemed him. If he redeems for others, certainly for his son.
Had it not already been stated: “she has no ketubah”? Rebbi Yose ben Jacob said, that you should not say, they fined her but not her heirs. Therefore it was necessary to say, she has no ketubah.
HALAKHAH: “They came and told her, your son died,” etc. If she should not have married but entered levirate, this is the case of a sister-in-law who married without ḥalîṣah. Rebbi Jeremiah said, this man performs ḥalīṣah, the other one keeps her. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: She must leave. Rebbi Yose in the name of Rebbi Hila: She must leave. Rebbi Yose asked Rebbi Phineas, how does the rabbi hold? He said, with Rebbi Jeremiah. He said to him, change your mind, for otherwise I shall publicly call you a rebellious Elder. Rebbi Zevidah said, a baraita supports Rebbi Joḥanan: “She must leave both of them and the thirteen items apply to her, following Rebbi Meïr who said it in the name of his teacher Rebbi Aqibah. But the Sages say, there is no bastard from a sister-in-law.” They only said, “there is no bastard from a sister-in-law,” therefore she must leave. And we have stated, “she must leave”. And Rebbi Joḥanan said, she must leave.
MISHNAH: If they told her, your husband died, and she remarried, and then they told her, he was alive but died, she must leave and the first child is a bastard, but the last is not a bastard. If they told her, your husband died; she was betrothed and after that her husband returned, she is permitted to return to him. Even though the second [husband] gave her a bill of divorce he did not disable her from priesthood. This Rebbi Eleazar ben Matthew explained, “a woman divorced from her husband,” and not a woman divorced from a non-husband.
The elder Rebbi Hoshaia said, the baraita is about someone who takes back his divorcee after she had been married to another. Why after she had been married, not also after she had been betrothed? Because of Rebbi Yose ben Kipper, since Rebbi Yose ben Kipper said, she is permitted after betrothal. Rebbi Eleazar said, the baraita is about a sister-in-law who became eligible before two levirs, when one of them “bespoke” her and then the other copulated with her. Why when one of them “bespoke” her, even if he had not “bespoken” her! Why if he copulated with her, even if he did not copulate with her! Because of the House of Shammai, because of Rebbi Simeon. As it was stated, Rebbi Simeon said, the House of Shammai and the House of Hillel did not disagree that one who copulates with his wife’s sister disables his wife. Where did they disagree? If he copulates with his mother-in-law; where the House of Shammai say, he disabled her, but the House of Hillel say, he did not disable her. The House of Hillel were arguing: A man is permitted all women, a woman is permitted all men. When he becomes betrothed to her, he forbids her and she forbids him. The prohibition through which he forbids her is greater than the prohibition through which she forbids him, since he forbids her to go to marry any other man but she forbids him only her relatives. And is that not an argument de minore ad majus? If she, whose prohibition is greater, transgressed the prohibition in error, is not forbidden even to the one permitted to her, he, whose prohibition is less, if he transgressed the prohibition in error, is it not logical that he should not be forbidden even to the one permitted to him? That works for an error. From where if intentional: The verse says “with her;” her sleeping prohibits her, the sleeping of another woman does not prohibit her.
The elder Rebbi Hoshaia said, the baraita is about someone who takes back his divorcee after she had been married to another. Why after she had been married, not also after she had been betrothed? Because of Rebbi Yose ben Kipper, since Rebbi Yose ben Kipper said, she is permitted after betrothal. Rebbi Eleazar said, the baraita is about a sister-in-law who became eligible before two levirs, when one of them “bespoke” her and then the other copulated with her. Why when one of them “bespoke” her, even if he had not “bespoken” her! Why if he copulated with her, even if he did not copulate with her! Because of the House of Shammai, because of Rebbi Simeon. As it was stated, Rebbi Simeon said, the House of Shammai and the House of Hillel did not disagree that one who copulates with his wife’s sister disables his wife. Where did they disagree? If he copulates with his mother-in-law; where the House of Shammai say, he disabled her, but the House of Hillel say, he did not disable her. The House of Hillel were arguing: A man is permitted all women, a woman is permitted all men. When he becomes betrothed to her, he forbids her and she forbids him. The prohibition through which he forbids her is greater than the prohibition through which she forbids him, since he forbids her to go to marry any other man but she forbids him only her relatives. And is that not an argument de minore ad majus? If she, whose prohibition is greater, transgressed the prohibition in error, is not forbidden even to the one permitted to her, he, whose prohibition is less, if he transgressed the prohibition in error, is it not logical that he should not be forbidden even to the one permitted to him? That works for an error. From where if intentional: The verse says “with her;” her sleeping prohibits her, the sleeping of another woman does not prohibit her.
“Rebbi Yose says, anything which disables,” etc. Rebbi Hila in the name of Rebbi Simeon ben Laqish: If his wife’s sister was married, since he disables her for others, he disables her for himself. But his wife’s unmarried sister which he does not disable for others, he does not disable for himself. As Rebbi Hila said in the name of Rebbi Simeon ben Laqish, she needs a bill of divorce from him.
“Rebbi Yose says, anything which disables,” etc. Rebbi Hila in the name of Rebbi Simeon ben Laqish: If his wife’s sister was married, since he disables her for others, he disables her for himself. But his wife’s unmarried sister which he does not disable for others, he does not disable for himself. As Rebbi Hila said in the name of Rebbi Simeon ben Laqish, she needs a bill of divorce from him.
“If he allots her to his son;” with [the girl’s] agreement. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with and without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement.
“If he allots her to his son;” with [the girl’s] agreement. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with and without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement.
“If he allots her to his son;” with [the girl’s] agreement. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with and without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.
Rebbi Jehudah ben Pazi in the name of Rebbi Joshua ben Levi: Rebbi Yose ben Jehudah learned from Aḥaz, as it was stated: Aḥaz produced a child at age nine, Haran at age six, and Caleb at age ten following him who identifies Caleb ben Ḥeṣron with Caleb ben Yephuneh.
Rebbi Jehudah ben Pazi in the name of Rebbi Joshua ben Levi: Rebbi Yose ben Jehudah learned from Aḥaz, as it was stated: Aḥaz produced a child at age nine, Haran at age six, and Caleb at age ten following him who identifies Caleb ben Ḥeṣron with Caleb ben Yephuneh.
Rebbi Jehudah ben Pazi in the name of Rebbi Joshua ben Levi: Rebbi Yose ben Jehudah learned from Aḥaz, as it was stated: Aḥaz produced a child at age nine, Haran at age six, and Caleb at age ten following him who identifies Caleb ben Ḥeṣron with Caleb ben Yephuneh.
Rebbi Jehudah ben Pazi in the name of Rebbi Joshua ben Levi: Rebbi Yose ben Jehudah learned from Aḥaz, as it was stated: Aḥaz produced a child at age nine, Haran at age six, and Caleb at age ten following him who identifies Caleb ben Ḥeṣron with Caleb ben Yephuneh.
Rebbi Jehudah ben Pazi in the name of Rebbi Joshua ben Levi: Rebbi Yose ben Jehudah learned from Aḥaz, as it was stated: Aḥaz produced a child at age nine, Haran at age six, and Caleb at age ten following him who identifies Caleb ben Ḥeṣron with Caleb ben Yephuneh.
There, we have stated: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes]. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.” Rebbi Eleazar said, [Symmachos] and Rebbi Joḥanan ben Nuri said the same thing, since we stated there: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be guilty because of his mother-in-law, his mother-in-law’s mother and his father-in-law’s mother. They said to him, all three fall under the same law.” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees to the earlier [part of the Mishnah]. If was found stated, it still is in dispute. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions, also a woman and her son’s daughter and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall under one and the same prohibition.
There, we have stated: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes]. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.” Rebbi Eleazar said, [Symmachos] and Rebbi Joḥanan ben Nuri said the same thing, since we stated there: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be guilty because of his mother-in-law, his mother-in-law’s mother and his father-in-law’s mother. They said to him, all three fall under the same law.” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees to the earlier [part of the Mishnah]. If was found stated, it still is in dispute. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions, also a woman and her son’s daughter and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall under one and the same prohibition.
There, we have stated: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes]. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.” Rebbi Eleazar said, [Symmachos] and Rebbi Joḥanan ben Nuri said the same thing, since we stated there: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be guilty because of his mother-in-law, his mother-in-law’s mother and his father-in-law’s mother. They said to him, all three fall under the same law.” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees to the earlier [part of the Mishnah]. If was found stated, it still is in dispute. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions, also a woman and her son’s daughter and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall under one and the same prohibition.
Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaiah. If there are two prohibitions and one liability to extirpation, the prohibitions split the extirpation. What is the reason? “On human flesh it may not be rubbed and in its proportions you should not make [a compound] like it.” And it is written: “A man who would compound like it”. Here are two prohibitions and one liability to extirpation. The prohibitions divide the extirpation. This follows Rebbi Ismael, since Rebbi Ismael said one infers from an argument de minore ad majus but one does not punish from an argument de minore ad majus. Where does he have that from? It comes following what Ḥizqiah stated: “If the daughter of a Cohen is desecrated by whoring.” Why does the verse say, “a man”? To include him who cohabits with his daughter’s daughter from a rape that she should be [under sentence of] burning. Rebbi Yose ben Rebbi Abun said, one may even understand this from the warning: “Do not desecrate your daughter.”
What about it? Rebbi Yose said, about any incest prohibition which for a Jewish court is a capital crime, a descendant of Noah is forewarned; and about any incest prohibition which for a court is not a capital crime, a descendant of Noah is not forewarned. They objected: Is not a case involving the sister a capital crime for a Jewish court and the descendants of Noah are not forewarned? Rebbi Hila in the name of Rebbi Simeon ben Laqish: “Because of these abominations, the Eternal, your God, uproots them before you.” This teaches that the Holy One, praise to Him, does not punish if He did not warn.
An eight months’ child is like a stone and one does not move him on the Sabbath, but his mother lies down beside him and nurses him. Rebbi Yose asked: May one push aside the Sabbath for babies that are in doubt? Rebbi Yose ben Rebbi Abun said, it is fine. How you take it, if he is a nine months’ child, he must be circumcised. If he is an eight months’ child, it is as if he cut flesh without need. The rabbis of Caesarea said, Rebbi Jacob ben Dositheos asked, who permitted to cut flesh without need?
An eight months’ child is like a stone and one does not move him on the Sabbath, but his mother lies down beside him and nurses him. Rebbi Yose asked: May one push aside the Sabbath for babies that are in doubt? Rebbi Yose ben Rebbi Abun said, it is fine. How you take it, if he is a nine months’ child, he must be circumcised. If he is an eight months’ child, it is as if he cut flesh without need. The rabbis of Caesarea said, Rebbi Jacob ben Dositheos asked, who permitted to cut flesh without need?
It was stated: Rebbi Simeon ben Gamliel says, any human who lives for thirty days is not a still birth, “all redeemed you shall redeem at the age of one month;” and an animal which lives for eight days is not a still birth, “from the eighth day and further it will be welcome as a sacrifice, a gift to the Eternal.” There, they say that practice follows Rabban Simeon ben Gamliel. Rebbi Abba said, where do they disagree? If he was not born in his months. But if he was born in his months, even Rabban Simeon ben Gamliel will agree.
It was stated: Rebbi Simeon ben Gamliel says, any human who lives for thirty days is not a still birth, “all redeemed you shall redeem at the age of one month;” and an animal which lives for eight days is not a still birth, “from the eighth day and further it will be welcome as a sacrifice, a gift to the Eternal.” There, they say that practice follows Rabban Simeon ben Gamliel. Rebbi Abba said, where do they disagree? If he was not born in his months. But if he was born in his months, even Rabban Simeon ben Gamliel will agree.
It was stated: Rebbi Simeon ben Gamliel says, any human who lives for thirty days is not a still birth, “all redeemed you shall redeem at the age of one month;” and an animal which lives for eight days is not a still birth, “from the eighth day and further it will be welcome as a sacrifice, a gift to the Eternal.” There, they say that practice follows Rabban Simeon ben Gamliel. Rebbi Abba said, where do they disagree? If he was not born in his months. But if he was born in his months, even Rabban Simeon ben Gamliel will agree.
“If he injured one and then injured the other, or cursed one and then cursed the other, he cannot be prosecuted.” Rebbi Ḥanania asked, does that not disagree with Rebbi Joḥanan? Since they disagree about the second day of holidays in the diaspora. Rebbi Joḥanan said, one accepts forwarning in a case of doubt, Rebbi Simeon ben Laqish said, one does not accept forwarning in a case of doubt. Rebbi Ḥanina said in the name of Rebbi, there is no disagreement. There, it would have been possible to make a determination, here it is impossible to make the determination.
“If she performed ḥalîṣah with a shoe, the ḥalîṣah is valid.” For whom is this statement needed? For Rebbi Meїr, since Rebbi Meїr said, one does not perform ḥalîṣah with a shoe. It was stated: Rebbi Yose said, it happened that I went to Nsebin and saw there an old man to whom I said, did you ever know Rebbi Jehudah ben Bathyra in your lifetime? He told me, Rabbi, I was a banker in my city and he was a constant customer of my bank. I told him, did you ever see him supervising a ḥalîṣah in your lifetime and what he did use for ḥalîṣah, a shoe or a sandal? He said to me, Rabbi, is there a sandal in our place? I wondered, how could Rebbi Meïr say that one does not perform ḥalîṣah with a shoe?
HALAKHAH: “Rebbi Eliezer said, “so shall be done to the man,” etc. Rebbi Joḥanan said, if they cannot fulfill “he shall say, and she shall say”. Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the requirement of recitation does prevent.
Rebbi Ismael ben Rebbi Yose asked before Rebbi: What is the difference between underage males and females? He said to him, “a man” is written in the paragraph. But about her, “his sister-in-law shall come before him,” in any case.
Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the recitation does prevent. Rebbi Mana said, even though Rebbi Samuel ben Rav Isaac said, the recitation does not prevent [validity], he agrees that if one recites, he recites in due order; in particular that it should not be said: “My levir refuses to erect, my levir does not want;” “I do not desire to take her”, but “my levir refuses to erect a name in Israel for his brother, my levir does not want;” “I do not desire to take her.”
Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the recitation does prevent. Rebbi Mana said, even though Rebbi Samuel ben Rav Isaac said, the recitation does not prevent [validity], he agrees that if one recites, he recites in due order; in particular that it should not be said: “My levir refuses to erect, my levir does not want;” “I do not desire to take her”, but “my levir refuses to erect a name in Israel for his brother, my levir does not want;” “I do not desire to take her.”
It was stated: A mistaken ḥalîṣah is valid. What is a mistaken ḥalîṣah? Rebbi Simeon ben Laqish said, a case where one told him, perform ḥalîṣah and she will be permitted to you after some time. Rebbi Joḥanan said, yesterday I was sitting and learning that “if he has the intention but not she, or she has the intention but not he, ḥalîṣah is always invalid unless both of them have the intention!” What is a mistaken ḥalîṣah for Rebbi Joḥanan? A case where one told him, perform ḥalîṣah and she will pay you a hundred talents. Rebbi Mana said, if this was stipulated as a condition, she has to pay. A case came before Rebbi Huna and he followed Rebbi Simeon ben Laqish. When he heard that Rebbi Joḥanan disagreed, he changed his opinion and forced a second ḥalîṣah. A case came before Rebbi Ḥiyya bar Abba. He told him, my son, this woman does not want to be married in levirate; therefore perform ḥalîṣah and remove your candidacy from her, then she will marry you in a regular marriage. After the ḥalîṣah, he said to him: Even if Moses and Samuel came, they could not permit her. He referred to himself as “they are wise to do evil; they do not know how to do good.”
It was stated: A mistaken ḥalîṣah is valid. What is a mistaken ḥalîṣah? Rebbi Simeon ben Laqish said, a case where one told him, perform ḥalîṣah and she will be permitted to you after some time. Rebbi Joḥanan said, yesterday I was sitting and learning that “if he has the intention but not she, or she has the intention but not he, ḥalîṣah is always invalid unless both of them have the intention!” What is a mistaken ḥalîṣah for Rebbi Joḥanan? A case where one told him, perform ḥalîṣah and she will pay you a hundred talents. Rebbi Mana said, if this was stipulated as a condition, she has to pay. A case came before Rebbi Huna and he followed Rebbi Simeon ben Laqish. When he heard that Rebbi Joḥanan disagreed, he changed his opinion and forced a second ḥalîṣah. A case came before Rebbi Ḥiyya bar Abba. He told him, my son, this woman does not want to be married in levirate; therefore perform ḥalîṣah and remove your candidacy from her, then she will marry you in a regular marriage. After the ḥalîṣah, he said to him: Even if Moses and Samuel came, they could not permit her. He referred to himself as “they are wise to do evil; they do not know how to do good.”
What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.
What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.
What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.
“His daughter”. How can his daughter repudiate, is she not married by Torah standards, “my daughter I gave to this man”? Rebbi Huna in the name of Rebbi Simeon ben Laqish: Explain it by a minor, who was married off by her father and divorced, who is like an orphan while her father is alive.
Rebbi Aḥa, Rebbi Ḥinnena, in the name of Rebbi Simeon ben Laqish: This means that a minor cannot give birth; because otherwise she could wait until she grew up, repudiate her husband, and permit her co-wife to her son-in-law. The daughter-in-law of Rebbi Ismael repudiated while her son was on her shoulder.
Rav Hamnuna in the name of Assi: The Mishnah speaks about a sister-in-law who has two levirs. If one of them “bespoke” her, she may repudiate his “bespeaking” and marry on the market place. Why can she not repudiate his “bespeaking” and marry his brother? Explain it, if she says, I cannot stand you. Rebbi Hila in the name of Rebbi Simeon ben Yosina in the name of Rebbi Hoshaia: The Mishnah speaks about a sister-in-law who has five levirs. If one of them “bespoke” her, she may repudiate his “bespeaking” and marry his brother. Why can she not repudiate his “bespeaking” and marry on the market place? Explain it if her father had married her off, this was a marriage by biblical standards.
MISHNAH: Which underage girl needs to repudiate? Anyone whom mother or brothers married off with her knowledge. If they married her off without her knowledge she does not have to repudiate. Rebbi Ḥanina ben Antigonos says, any girl who is unable to watch over her marriage gift does not have to repudiate. Rebbi Eliezer says, in all legal respects, the underage girl is like one seduced: The daughter of an Israel married to a Cohen may not eat heave; the daughter of a Cohen married to an Israel may eat heave.
Do they disagree with Rebbi Ḥananiah ben Antigonos? From what Rebbi Joḥanan said, which is the underage girl that needs a bill of divorce? Anyone who is given her bill of divorce together with something else and she produces it after some time. This implies that they disagree with Rebbi Ḥananiah ben Antigonos.
Do they disagree with Rebbi Ḥananiah ben Antigonos? From what Rebbi Joḥanan said, which is the underage girl that needs a bill of divorce? Anyone who is given her bill of divorce together with something else and she produces it after some time. This implies that they disagree with Rebbi Ḥananiah ben Antigonos.
Rebbi Aḥa bar Ḥinena in the name of Cahana: Following the opinion that someone who cannot give heave cannot dedicate to the Temple. Why did he not say: following the opinion that he can give heave, can he dedicate to the Temple? Because of Rebbi Jehudah, for Rebbi Jehudah says he can give heave but cannot dedicate. Rebbi Joḥanan says, even following the opinion that he cannot give heave, he can dedicate. What can he dedicate? Holocaust and well-being offerings. He cannot bring a sin sacrifice for fat because he is not obligated to a sin sacrifice for fat. He cannot bring a sin sacrifice for blood because he is not obligated to a sin sacrifice for blood. May he bring a sacrifice relating to gonorrhea and skin disease? Since it is obligatory can’t he bring it, or since he becomes impure by these can he bring it? If it is obvious for you that he brings, can he become an agent for these? Since he may become impure by these, may he become an agent, or since he cannot become an agent for anything else, can’t he become an agent for these? Rebbi Yudan objected: His produce is ṭevel from the Torah but he can free his ṭevel by Torah law! But here, even though he may become impure by them, he cannot become an agent. May he bring First Fruits following Rebbi Jehudah, for Rebbi Jehudah says that First Fruits have the status of territorial consecrated things? He may not bring following the rabbis who say they have the status of things consecrated to the Temple. May he bring a sacrifice of pilgrimage? Since it is obligatory can’t he bring it, or since he may change its name to well-being offering, may he bring it? May he bring a Passover sacrifice? Since it is obligatory can’t he bring it, or since Rebbi Simeon ben Laqish said in the name of Rebbi Hoshaia, a person may bring a Passover sacrifice any day of the year when he changes its name to well-being offering, may he bring it? May he bring tithes of cereals? If he holds with Rebbi Meïr, since Rebbi Meïr said (Num.18:28): “From all your tithes,” that all tithes were bracketed together, then since he cannot bring tithes of grain he cannot bring tithes of animals. May he make substitutions? If Rebbi Meïr is of the opinion that all tithes were bracketed together, then since he cannot bring tithes of grain he cannot bring tithes of animals; since he cannot bring tithes of animals he cannot make substitutions. One may hold with Rebbi Simeon, since Rebbi Simeon says that tithes of animals teach you for all sacrifices about substitutions. That means, since he cannot bring tithes of grain he cannot bring tithes of animals; since he cannot bring tithes of animals he cannot make substitutions; since he cannot make substitutions for these he cannot make substitutions for any sacrifices. Is one guilty sacrificing for him outside the Temple? Cahana said, one cannot be guilty sacrificing for him outside the Temple. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, one is guilty sacrificing for him outside the Temple. The statement of Cahana disagrees with Rebbi Jehudah, since Rebbi Jehudah frees his ṭevel as biblical law. And you say so? We can say he [Cahana] is following him who says they accepted tithes voluntarily.
Rebbi Aḥa bar Ḥinena in the name of Cahana: Following the opinion that someone who cannot give heave cannot dedicate to the Temple. Why did he not say: following the opinion that he can give heave, can he dedicate to the Temple? Because of Rebbi Jehudah, for Rebbi Jehudah says he can give heave but cannot dedicate. Rebbi Joḥanan says, even following the opinion that he cannot give heave, he can dedicate. What can he dedicate? Holocaust and well-being offerings. He cannot bring a sin sacrifice for fat because he is not obligated to a sin sacrifice for fat. He cannot bring a sin sacrifice for blood because he is not obligated to a sin sacrifice for blood. May he bring a sacrifice relating to gonorrhea and skin disease? Since it is obligatory can’t he bring it, or since he becomes impure by these can he bring it? If it is obvious for you that he brings, can he become an agent for these? Since he may become impure by these, may he become an agent, or since he cannot become an agent for anything else, can’t he become an agent for these? Rebbi Yudan objected: His produce is ṭevel from the Torah but he can free his ṭevel by Torah law! But here, even though he may become impure by them, he cannot become an agent. May he bring First Fruits following Rebbi Jehudah, for Rebbi Jehudah says that First Fruits have the status of territorial consecrated things? He may not bring following the rabbis who say they have the status of things consecrated to the Temple. May he bring a sacrifice of pilgrimage? Since it is obligatory can’t he bring it, or since he may change its name to well-being offering, may he bring it? May he bring a Passover sacrifice? Since it is obligatory can’t he bring it, or since Rebbi Simeon ben Laqish said in the name of Rebbi Hoshaia, a person may bring a Passover sacrifice any day of the year when he changes its name to well-being offering, may he bring it? May he bring tithes of cereals? If he holds with Rebbi Meïr, since Rebbi Meïr said (Num.18:28): “From all your tithes,” that all tithes were bracketed together, then since he cannot bring tithes of grain he cannot bring tithes of animals. May he make substitutions? If Rebbi Meïr is of the opinion that all tithes were bracketed together, then since he cannot bring tithes of grain he cannot bring tithes of animals; since he cannot bring tithes of animals he cannot make substitutions. One may hold with Rebbi Simeon, since Rebbi Simeon says that tithes of animals teach you for all sacrifices about substitutions. That means, since he cannot bring tithes of grain he cannot bring tithes of animals; since he cannot bring tithes of animals he cannot make substitutions; since he cannot make substitutions for these he cannot make substitutions for any sacrifices. Is one guilty sacrificing for him outside the Temple? Cahana said, one cannot be guilty sacrificing for him outside the Temple. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, one is guilty sacrificing for him outside the Temple. The statement of Cahana disagrees with Rebbi Jehudah, since Rebbi Jehudah frees his ṭevel as biblical law. And you say so? We can say he [Cahana] is following him who says they accepted tithes voluntarily.
Rebbi Yoḥanan had a difficulty with the words of Rebbi Joshua. Is her marriage valid by biblical standards? The dissolution of her vows must be by biblical standards! And you say so! Rebbi Ze‘ira said, there is no dissolution of vows here, because of what Rebbi Joḥanan had against the words of Rebbi Joshua. Rebbi Nissa asked: Would it be the same for prohibitions? Rebbi Joḥanan said, one does not whip for prohibitions. Would that be as we stated there: “Before that time, even though they said, we know for Whom we made a vow or to Whom we dedicated, their vows are no vows and their dedications no dedications. After that time, even though they said, we do not know for Whom we made a vow or to Whom we dedicated, their vows are vows and their dedications dedications.” What is the status of that Mishnah? For Cahana it is in dispute, for Rebbi Joḥanan and Rebbi Simeon ben Laqish it is everybody’s opinion.
MISHNAH: Rebbi Eliezer ben Jacob said, every impediment that comes from the man makes her as if she were his wife; every impediment that does not come from the man makes her as if she were not his wife.
HALAKHAH: “Rebbi Eliezer ben Jacob said,” etc. It was stated: “Rebbi Eliezer ben Jacob said, every impediment that comes from the man by a bill of divorce makes her as if she were his wife; every impediment that does not come from the man by repudiation makes her as if she were not his wife.”
HALAKHAH: “Rebbi Eliezer ben Jacob said,” etc. It was stated: “Rebbi Eliezer ben Jacob said, every impediment that comes from the man by a bill of divorce makes her as if she were his wife; every impediment that does not come from the man by repudiation makes her as if she were not his wife.”
What is the status of her co-wife? Rav said, her co-wife is forbidden. Rebbi Joḥanan said, her co-wife is forbidden. Rebbi Simeon ben Laqish said, her co-wife is permitted. Rebbi Eleazar said, I looked around at the rabbis here and at the rabbis there and did not find anybody agreeing with me except Rebbi Simeon ben Laqish who says, her co-wife is permitted.Rav Hamnuna was sitting before Rav Ada bar Ahava and said, what is the status of her co-wife? He said to him, she is permitted. He asked, divorce? He answered, forbidden. He said, go around. Rebbi Abba bar Mamal said, it is reasonable following him who said that her co-wife is permitted. But following him who said, her co-wife is forbidden, as you take it: The aspect he acquired in her makes the corresponding aspect forbidden in her co-wife, the aspect he did not acquire in her makes the corresponding aspect permitted in her co-wife! Rebbi Shammai said, does one admit that kind of argument in matters of incest prohibitions? What about it? For any sister-in-law who is not totally outside [the family], the acquired aspect of her belongs to an incest prohibition and an incest prohibition forbids the co-wife.
What is the status of her co-wife? Rav said, her co-wife is forbidden. Rebbi Joḥanan said, her co-wife is forbidden. Rebbi Simeon ben Laqish said, her co-wife is permitted. Rebbi Eleazar said, I looked around at the rabbis here and at the rabbis there and did not find anybody agreeing with me except Rebbi Simeon ben Laqish who says, her co-wife is permitted.Rav Hamnuna was sitting before Rav Ada bar Ahava and said, what is the status of her co-wife? He said to him, she is permitted. He asked, divorce? He answered, forbidden. He said, go around. Rebbi Abba bar Mamal said, it is reasonable following him who said that her co-wife is permitted. But following him who said, her co-wife is forbidden, as you take it: The aspect he acquired in her makes the corresponding aspect forbidden in her co-wife, the aspect he did not acquire in her makes the corresponding aspect permitted in her co-wife! Rebbi Shammai said, does one admit that kind of argument in matters of incest prohibitions? What about it? For any sister-in-law who is not totally outside [the family], the acquired aspect of her belongs to an incest prohibition and an incest prohibition forbids the co-wife.
HALAKHAH: Is the degree of acquisition of one equal to that of the other? What does he do? Rav Ḥiyya bar Ashi in the name of Rav: He marries the deaf-mute and divorces her; the underage girl has to wait until she can perform ḥalîṣah.” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. If he sleeps with the underage girl, he has to divorce her, and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she became permitted.” This follows what Rebbi Hila said, in order to fix her status. Rebbi Abun bar Ḥiyya asked before Rebbi Hila: What means, “in order to fix her status”? As you say there, he should perform ḥalîṣah for the aspect that was acquired in her and marry her co-wife; could he not perform ḥalîṣah for the aspect that was acquired in the underage girl and marry the deaf-mute? He said to him, so says Rebbi Simeon ben Laqish: We never find two sisters-in-law of whom one performs ḥalîṣah and one is married in levirate. Do we find two sisters-in-law of whom one performs ḥalîṣah and one is divorced? He said to him, that happens. That is what we have stated there: “If he ‘bespoke’ one and performed ḥalîṣah with the other, the first one needs a bill of divorce”.
MISHNAH: Rebbi Joḥanan ben Nuri said, why can a deaf-mute woman be divorced but a deaf-mute man cannot divorce? They told him, a divorcing man is not comparable to a divorced woman since a woman can be divorced with or against her will but a man divorces only by his own will. Rebbi Joḥanan ben Gudgada testified about a deaf-mute girl who was married off by her father that she could be divorced by a bill of divorce. They said to him, that is an example.
MISHNAH: Rebbi Joḥanan ben Nuri said, why can a deaf-mute woman be divorced but a deaf-mute man cannot divorce? They told him, a divorcing man is not comparable to a divorced woman since a woman can be divorced with or against her will but a man divorces only by his own will. Rebbi Joḥanan ben Gudgada testified about a deaf-mute girl who was married off by her father that she could be divorced by a bill of divorce. They said to him, that is an example.
HALAKHAH: “Rebbi Joḥanan ben Nuri testified,” etc. Rebbi Ḥananiah asked before Rebbi Hila. The matters seem reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”; does one add to a testimony? But Rebbi Ḥanania is of the opinion that this deals with a hearing girl who was married off by her father and became deaf-and-dumb. Rebbi Yose is of the opinion that this deals with an underage girl who was married off by her father and became divorced.
HALAKHAH: “The House of Hillel say, we heard only,” etc. The House of Shammai said to them: Is there not harvest the entire year? How is that? At the end of barley harvest starts wheat harvest. At the end of wheat harvest starts grape harvest. At the end of grape harvest starts olive harvest. That means, there is some harvest the year round. They accepted this argument. And why the grain harvest? Rebbi Mana said, because there accidents are frequent, for the sun only hits a person’s head at grain harvest time. That is what is written: “The child grew and some day it went to his father, to the harvesters. He said to his father, ‘my head, my head’; who said to the servant, ‘carry him to his mother’. He carried him and brought him to his mother where he sat on her knees until noontime, when he died.” But the rabbis say, because snakes are abundant. Rebbi Yose ben Rebbi Abun said, “You shielded my head at the day of kissing,” at the day summer and winter are kissing. Another explanation: “At the day of weaponry,” that is Gog’s weaponry. Another explanation, on a day when two worlds kiss one another, when this world leaves and the future world enters.
Rebbi Eleazar ben Azariah insisted on interpreting the ketubah. “Rebbi Eleazar ben Azariah explained: ‘The sons shall inherit and the daughters shall be supported.’ Since the sons can only inherit after their father’s death, so the daughters can claim support only after their father’s death.”
Rebbi Eleazar ben Azariah insisted on interpreting the ketubah. “Rebbi Eleazar ben Azariah explained: ‘The sons shall inherit and the daughters shall be supported.’ Since the sons can only inherit after their father’s death, so the daughters can claim support only after their father’s death.”
Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar [the caper grower] said, nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text, since Rebbi Joshua ben Qorḥa said, a person lending money to another person should not take pledges from him for more than the value of the loan since he writes for him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”
Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar [the caper grower] said, nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text, since Rebbi Joshua ben Qorḥa said, a person lending money to another person should not take pledges from him for more than the value of the loan since he writes for him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?
“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas, he heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of smashed persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known.” Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Aḥa, Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of smashed people. RebbiJacob bar Aḥa in the name of Rav Jehudah: Standing grain ready to be harvested and grapes ready to be harvested are movables. Rav Sheshet asked: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?
Does the document prove? Do we not have to believe what she says? If she did not say ‘it was written in my presence, it was signed in my presence’, would you permit her to remarry? Rebbi Yose ben Rebbi Abun said, that parallels what Rebbi Abun said, one does not suspect him to vilify her in the eyes of Heaven; he is suspect to vilify her in the eyes of the court. Since he knows that if he were to come [and object, his objection] would not be accepted, he has [the bill of divorce] signed by witnesses in good standing. And here, since she knows that her word does not count for the other woman, she will be truthful.
“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.
“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.
“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry, but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba got up and whispered in his ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit and got up. There came a case before Rebbi Immi. He said to him, yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.
“He robbed one of five people.” Rebbi Assi said, there is a Mishnah which follows Rebbi Aqiba against Rebbi Tarphon. As we have stated there: “If he said to two people, I robbed a mina from one of you but I do not know who of you it was; I received a deposit of a mina from the father of one of you but I do not know who of you it was; he gives to each of them a mina because he confessed himself.” Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: This is everybody’s opinion. One says, to be clean before Heaven. Rebbi Abba in the name of Rav Jehudah: Here, if witnesses know; there, if no witnesses know. Rebbi Hila in the name of Rebbi Eleazar: Here if they are silent; there if they are talking. Rebbi Jeremiah in the name of Rav: Here if he swore; there if he did not swear. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court and hand it over to him. Rebbi Joḥanan seems to say, a court which determined that one was a robber, not a court which determined that one was robbed. Rav said, a court which determined that one was robbed, not a court which determined that one was a robber. The strength of Rav is from the following, that Rebbi Simeon ben Eleazar said, a court which determined that one was robbed, not a court which determined that one was a robber. Otherwise he should have kept silent. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yose wanted to say, he should have kept silent and not have sworn. Rebbi Yudan said, even following those who say that there is no difference between keeping silent and talking in matters of a robbery, for a deposit they agree that he who keeps silent is rewarded and he who talks loses. He who keeps silent is rewarded from the following: “Two people deposited with the same person, one a mina and one 200 [tetradrachmas]. This one says, the 200 belong to me, and that one says, the 200 belong to me. He gives each one a mina and the rest shall lie with him until Elijah comes.” He who talks loses, from this: “If he said to two people, I robbed a mina from one of you but I do not know which one of you.”
MISHNAH: One testifies only on the appearance of the face with the nose, even though there may be marks on his body and his clothing. One testifies only up to three days. Even if one saw him cut up or crucified on the cross, or an animal eating of him, one testifies only after he has stopped breathing. Rebbi Judah ben Baba says, not all people nor all places nor all times are the same.
It is written: “Abijah and his people inflicted a very great slaughter on them.” Rebbi Abba bar Cahana said, he destroyed the face recognition of the men of Israel. That is what is written, “the recognition of their faces testified about them,” etc. That refers to the nose. Rebbi Immi said, he put up guards for three days until appearance was disfigured. That is what is written: “Your widows are more for me than the sand of the oceans.” It was stated in this respect: One testifies only on the appearance of the face with the nose. It is written: “Jeroboam was powerless for the rest of Aijah’s days; the Eternal smote him and he died.” Rebbi Samuel said, you think that this refers to Jeroboam, but it is Abijah. Why was he smitten? Rebbi Joḥanan said, because he insulted Jeroboam in public. That is what is written: “You are a great multitude and with you are the golden calves that Jeroboam made for you as gods.” Rebbi Simeon ben Laqish said, because he denigrated his teacher Aḥijah from Shiloh. That is what is written: “And men, rascals, joined him,” that he called Aḥijah from Shiloh a rascal. But the rabbis say, because an idol fell into his hand and he did not destroy it, that is what is written: “Abijah pursued Jeroboam and took from him cities, Beth El and its dependencies …” and it is written: “He set up one in Beth El and one he dedicated in Dan.”
“Even if one saw him cut up,” I say he was burned by a red hot lance and survived. “Or crucified on the cross,” I say a noble lady passed by and redeemed him. “Or an animal was eating of him,” I say that in Heaven they had mercy on him. If he fell into a lion’s den one does not testify about him, I say that miracles happened for him as they did for Daniel. If he fell into a fiery oven one does not testify about him, I say that miracles happened for him as they did for Ḥanaiah, Mishael and Azariah. If he fell into a cistern full of snakes and scorpions one does not testify about him; Rebbi Jehudah ben Baba said, I say he was a snake charmer. If he fell into a boiling vat of water or oil, one does not testify about him. Rebbi Abba said, of oil one testifies, of water one does not testify.
“Rebbi Judah ben Baba.” Rebbi Ze‘ira, Rebbi Ḥananel in the name of Rav: Practice follows Rebbi Judah ben Baba. The words of the rabbis disagree, since Rebbi Jeremiah said that it happened that someone fell into the Jordan and surfaced after seventeen days when he was recognized because the cold had shrunk him so that they permitted his wife to remarry.
“Rebbi Judah ben Baba.” Rebbi Ze‘ira, Rebbi Ḥananel in the name of Rav: Practice follows Rebbi Judah ben Baba. The words of the rabbis disagree, since Rebbi Jeremiah said that it happened that someone fell into the Jordan and surfaced after seventeen days when he was recognized because the cold had shrunk him so that they permitted his wife to remarry.
MISHNAH: It is sufficient even if somebody heard women say, the man X died. Rebbi Jehudah said, even if he heard children say, we go to lament and bury X, whether intentional or unintentional. Rebbi Jehudah ben Baba said, if he is a Jew, only if he intends [to testify]; but if a Gentile intends to testify, it is no testimony.
What means “intentional”? Rebbi Joḥanan said, anytime one mentions a woman. Rebbi Simeon ben Laqish said, anybody one asks and he responds. Rebbi Ḥaggai said to Rebbi Joshua ben Levi, does the Rabbi remember that thirty and some Elders were up in arms against Rebbi Hoshaiah to follow the rule of Rebbi Simeon ben Laqish but he did not accept it
What means “intentional”? Rebbi Joḥanan said, anytime one mentions a woman. Rebbi Simeon ben Laqish said, anybody one asks and he responds. Rebbi Ḥaggai said to Rebbi Joshua ben Levi, does the Rabbi remember that thirty and some Elders were up in arms against Rebbi Hoshaiah to follow the rule of Rebbi Simeon ben Laqish but he did not accept it
What means “intentional”? Rebbi Joḥanan said, anytime one mentions a woman. Rebbi Simeon ben Laqish said, anybody one asks and he responds. Rebbi Ḥaggai said to Rebbi Joshua ben Levi, does the Rabbi remember that thirty and some Elders were up in arms against Rebbi Hoshaiah to follow the rule of Rebbi Simeon ben Laqish but he did not accept it
Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.
Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.
Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.
Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.
Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.
Rav Jehudah in the name of Rav: Practice does not follow Rebbi Jehudah ben Baba in the case of an Israel. The words of the Rabbis say the same since Rebbi Samuel, Rebbi Abbahu, Rebbi (Aqiba) [Jacob] bar Aḥa said in the name of Rebbi Yasa, one does not subject witnesses to a death to cross-examination. It happened that somebody came before Rebbi Tarphon about a woman who wanted to remarry. He said to him, my son, how can you testify for the woman that she can remarry? He said to him, Rabbi, he was with us in a caravan when we were attacked by an armed gang. He hung himself at a branch of an olive tree, tore it off, ran after the armed gang and returned. I said to him, my son, I am praising you as a lion. He said to me, you got my name well; in my city I am called Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, my son, you said very well Joḥanan ben Jonathan the lion from Kefar Shiḥla. He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. I said to him, did you not say Jonathan ben Joḥanan the lion from Kefar Shiḥla? He said to me, no, what I said was Joḥanan ben Jonathan the lion from Kefar Shiḥla. After some time he became sick and died; Rebbi Tarphon checked out his testimony and let his widow remarry. It was found stated: “One does not subject witnesses to a death to cross-examination, against Rebbi Tarphon, since Rebbi Tarphon said, one subjects witnesses to a death to cross-examination.
There, we have stated: “The seducer is a common person, the seduced is a common person.” Therefore, not a Sage? (Since he is seduced, he is not a Sage.) Since he seduces, he is not a Sage. Since he is seduced, he is not a Sage. What does one do to be sly about him? One hides two witnesses, people, in an inner room and puts him into the outer room, lights a candle near him so they can see him and hear his voice. That is what they did to Ben Satra in Lod, where they hid two Sages, brought him to court, and stoned him. And here, you say so? It is different because he said, “I am”. Here also, “I am”? That he should not flee, go away, and continue to seduce others with him.
MISHNAH: Rebbi Aqiba said, when I left the country for Nahardea for the intercalation of the year, Nehemiah from Badala found me and said to me, I heard that in the Land of Israel one does not let a woman remarry on the testimony of one witness, except Jehudah ben Baba. I told him, that is so. He said to me: Tell them in my name, you know that this country is in bad shape because of armed bands; I learned from Rabban Gamliel the Elder that one lets a woman remarry on the testimony of one witness. When I came and lectured about this before Rabban Gamliel, he was happy about my words and said, we found a colleague for Jehudah ben Baba. During the discussion, Rabban Gamliel remembered that people had been killed at Tel Arza and Rabban Gamliel let their widows remarry on the testimony of a single witness. It was firmly established that one permits to remarry on the words of a witness reporting from another witness, and on the words of a woman or a slave girl.