copulation

And if any man’s seed of copulation go out from him, then he shall wash all his flesh in water, and be unclean until the even.

And every garment, and every skin, whereon is the seed of copulation, shall be washed with water, and be unclean until the even.

The woman also with whom man shall lie with seed of copulation, they shall both bathe themselves in water, and be unclean until the even.

MISHNAH: Rabban Gamliel says, there is no bill of divorce after a bill of divorce, no “bespeaking” after “bespeaking”, no copulation after copulation, and no ḥalîṣah after ḥalîṣah. But the Sages say, there is a bill of divorce after a bill of divorce and “bespeaking” after “bespeaking”, but nothing after copulation or after ḥalîṣah.

MISHNAH: Rabban Gamliel says, there is no bill of divorce after a bill of divorce, no “bespeaking” after “bespeaking”, no copulation after copulation, and no ḥalîṣah after ḥalîṣah. But the Sages say, there is a bill of divorce after a bill of divorce and “bespeaking” after “bespeaking”, but nothing after copulation or after ḥalîṣah.

MISHNAH: Rabban Gamliel says, there is no bill of divorce after a bill of divorce, no “bespeaking” after “bespeaking”, no copulation after copulation, and no ḥalîṣah after ḥalîṣah. But the Sages say, there is a bill of divorce after a bill of divorce and “bespeaking” after “bespeaking”, but nothing after copulation or after ḥalîṣah.

Since Rebbi Simeon says, “bespeaking” either acquires or does not acquire, does he say similarly that a bill of divorce frees or does not free? Let us hear from the following: Rebbi Simeon says, there is nothing after copulation if it is primary. Therefore, if it is secondary, there is something afterwards. That must deal with copulation after a bill of divorce. For if it were copulation after “bespeaking”, what could you say? If “bespeaking” acquired, there is nothing after that. If “bespeaking” did not acquire, intercourse will acquire and there is nothing after that. So we must speak about copulation after a bill of divorce. This implies that a bill of divorce frees partially.

Since Rebbi Simeon says, “bespeaking” either acquires or does not acquire, does he say similarly that a bill of divorce frees or does not free? Let us hear from the following: Rebbi Simeon says, there is nothing after copulation if it is primary. Therefore, if it is secondary, there is something afterwards. That must deal with copulation after a bill of divorce. For if it were copulation after “bespeaking”, what could you say? If “bespeaking” acquired, there is nothing after that. If “bespeaking” did not acquire, intercourse will acquire and there is nothing after that. So we must speak about copulation after a bill of divorce. This implies that a bill of divorce frees partially.

Since Rebbi Simeon says, “bespeaking” either acquires or does not acquire, does he say similarly that a bill of divorce frees or does not free? Let us hear from the following: Rebbi Simeon says, there is nothing after copulation if it is primary. Therefore, if it is secondary, there is something afterwards. That must deal with copulation after a bill of divorce. For if it were copulation after “bespeaking”, what could you say? If “bespeaking” acquired, there is nothing after that. If “bespeaking” did not acquire, intercourse will acquire and there is nothing after that. So we must speak about copulation after a bill of divorce. This implies that a bill of divorce frees partially.

Since Rebbi Simeon says, “bespeaking” either acquires or does not acquire, does he say similarly that a bill of divorce frees or does not free? Let us hear from the following: Rebbi Simeon says, there is nothing after copulation if it is primary. Therefore, if it is secondary, there is something afterwards. That must deal with copulation after a bill of divorce. For if it were copulation after “bespeaking”, what could you say? If “bespeaking” acquired, there is nothing after that. If “bespeaking” did not acquire, intercourse will acquire and there is nothing after that. So we must speak about copulation after a bill of divorce. This implies that a bill of divorce frees partially.

MISHNAH: If he performed ḥaliṣah and “bespoke”, gave a divorce document and copulated, or copulated and “bespoke”, gave a divorce document and performed ḥaliṣah, nothing comes after ḥalîṣah, whether at the beginning, in the middle, or at the end. But in the case of copulation, nothing comes after it when it is at the start’. Rebbi Neḥemiah says, nothing comes after copulation or ḥalîṣah, whether at the beginning, in the middle, or at the end.

MISHNAH: If he performed ḥaliṣah and “bespoke”, gave a divorce document and copulated, or copulated and “bespoke”, gave a divorce document and performed ḥaliṣah, nothing comes after ḥalîṣah, whether at the beginning, in the middle, or at the end. But in the case of copulation, nothing comes after it when it is at the start’. Rebbi Neḥemiah says, nothing comes after copulation or ḥalîṣah, whether at the beginning, in the middle, or at the end.

HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”

HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”

HALAKHAH: “If he performed ḥaliṣah with both of them, performed ḥaliṣah and ‘bespoke’,” etc. “If he performed ḥaliṣah and ‘bespoke’,” etc. There, they say: The words of Rebbi Neḥemiah that an improper copulation frees. In the opinion of the rabbis there copulation frees, whether after “bespeaking” or after a bill of divorce. In the opinion of the rabbis here, intercourse after “bespeaking” frees; after a bill of divorce it does not free. They did not hear that Rebbi Hila said in the name of Rebbi Joḥanan: Rebbi Neḥemiah, Rebbi Simeon, and Rebbi Ismael all said the same. As it was stated: “If there were three sisters-in-law for one levir, he ‘bespoke’ one, copulated with the second, and gave a bill of divorce to the third. Rebbi Neḥemiah says, the first one needs a bill of divorce and ḥalîṣah, but after copulation there is nothing. An argument de minore ad majus. If nothing comes after ḥalîṣah, which excludes her from the priesthood, whether she copulated or performed ḥalîṣah, then it is only logical that nothing should come after intercourse which does not exclude her from the priesthood, whether she copulated or performed ḥalîṣah. But for the rabbis he is forbidden the relatives of all three of them and they need three bills of divorce and ḥalîṣah for one of them.”

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.

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.

They objected to Rebbi Jehudah: Think of it, if she was sterile and could not give birth. Think of it, if she was old. Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry. Rebbi Abba bar Mamal said, that implies that the High Priest who performed qiddushin by copulation is not having intercourse with a deflowered one.

This supports what Rebbi Ḥiyya stated: The wife of the deaf-and-dumb or the insane immerses herself from her husband’s bosom and eats, against Rebbi Eleazar, since Rebbi Eleazar said, also if an unmarried man had intercourse with an unmarried woman not for the purpose of marriage it is copulation of harlotry.

HALAKHAH: “The following are permitted to their husbands,” etc. He only said “betrothed”, but if he copulated with her, the copulation disqualifies her. That is what we stated: “Forbidden to both of them.”

MISHNAH: Rebbi Yose says, her ketubah is from the property of her first husband. Rebbi Eleazar says, the first [husband] is entitled to what she finds and earns and may annul her vows. Rebbi Simeon says, copulation with her or ḥaliṣah with her by a brother of the first [husband] frees her co-wives and a child from him is not a bastard; if she was married without permission she is permitted to return to him. If she married by a decision of the court, she must leave but is free from the sacrifice; without a decision of the court, she must leave but must bring the sacrifice. The power of the court frees her from the sacrifice. If the court instructed her to marry but she misbehaved, she must bring a sacrifice since they permitted her only to marry.

The Mishnah applies if he became betrothed to her by money. But if he became betrothed to her by copulation, his betrothal is an action but his divorce is not an action.

MISHNAH: Rebbi Jehudah says, if he wants he writes for a virgin a contract of 200 [zuz] and she writes “I received 100 from you”, or for a widow a mina and she writes “I received 50 from you.” Rebbi Meïr says, anyone who diminishes [the ketubah] of a virgin below 200 or that of a widow below 100 is engaging in whoring copulation.

What is a thief and what is a robber? Rebbi Hila said, if he stole in the presence of witnesses, he is a thief, in the presence of the owners he is a robber. Rebbi Zeˋira asked: but if he intended to rob (for copulation), he is not a robber. What is a robber according to Rebbi Zeˋira? Rebbi Samuel ben Sosarta in the name of Rebbi Abbahu: only if he rob in the presence of ten people. The prototype for all these: He robbed the spear from the hand of the Egyptian, etc.

Rebbi Joḥanan sent to the rabbis there: Two things you say in the name of Rav which are not so. You say in the name of Rav that only the first copulation with the beautiful woman is permitted. But I am saying, the first or the later copulations are permitted only after all ceremonies; after that you may come to her and copulate with her, after all ceremonies.