gibeonite

And Ismaiah the Gibeonite, a mighty man among the thirty, and over the thirty; and Jeremiah, and Jahaziel, and Johanan, and Josabad the Gederathite,

And next unto them repaired Melatiah the Gibeonite, and Jadon the Meronothite, the men of Gibeon, and of Mizpah, unto the throne of the governor on this side the river.

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

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

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

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

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

MISHNAH: A preliminarily married woman or one who waits for her brother-in-law neither drinks nor collects her ketubah, since it is said: “.. who will deviate from under her husband,” which excludes a preliminarily married woman and one who waits for her brother-in-law. A widow [married to] a High Priest, a divorcee or one who received ḥalîṣah to a common priest, a female bastard or a Gibeoness to an Israel, or an Israel woman married to a bastard or a Gibeonite, neither drinks nor collects her ketubah.

From where that the intercourse of a disabled disables? What are we talking about? If about a married woman, there is a serious [offense]. If about a widow married to the High Priest, it already is written “The man shall bring his wife to the Cohen.” What is equal between them is: Everybody’s intercourse disqualifies those whose descendant would be disqualified. These are: “A child of nine years and one day, an Ammonite, Moabite, Edomite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of a Cohen, a Levite, or an Israel, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies those whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.”

MISHNAH: The following do not return: If somebody builds a portico, a covered walkway, or a verandah, or planted four fruit trees or five futile trees, or remarried his divorcee. [In the case of] a widow for the High Priest, a divorcee or one having received ḥalîṣah for an ordinary Cohen, a bastard or Gibeonite girl for an Israel, a Jewish girl for a bastard or a Gibeonite, he would not be returning. Rebbi Jehudah says, also he who rebuilt his house on its foundations would not be returning. Rebbi Eleazar said, also one who built a brick house in the Sharon would not return.

MISHNAH: The following do not return: If somebody builds a portico, a covered walkway, or a verandah, or planted four fruit trees or five futile trees, or remarried his divorcee. [In the case of] a widow for the High Priest, a divorcee or one having received ḥalîṣah for an ordinary Cohen, a bastard or Gibeonite girl for an Israel, a Jewish girl for a bastard or a Gibeonite, he would not be returning. Rebbi Jehudah says, also he who rebuilt his house on its foundations would not be returning. Rebbi Eleazar said, also one who built a brick house in the Sharon would not return.

MISHNAH: “The policemen shall add and say to the people: ‘Who is the man fearful and faint-hearted, let him go and return to his house. Rebbi Aqiba says, “fearful and faint-hearted” in its simple meaning, that he cannot stand in military engagements and see a drawn sword. Rebbi Yose the Galilean says, “fearful and faint-hearted” is one who is fearful because of his sins; therefore the Torah appended him to all of these that he should return because of them. Rebbi Yose said, a widow for the High Priest, a divorcee or one having received ḥalîṣah for an ordinary Cohen, a bastard or Gibeonite girl for an Israel, a Jewish girl for a bastard or a Gibeonite, that is the “fearful and faint-hearted”.

MISHNAH: “The policemen shall add and say to the people: ‘Who is the man fearful and faint-hearted, let him go and return to his house. Rebbi Aqiba says, “fearful and faint-hearted” in its simple meaning, that he cannot stand in military engagements and see a drawn sword. Rebbi Yose the Galilean says, “fearful and faint-hearted” is one who is fearful because of his sins; therefore the Torah appended him to all of these that he should return because of them. Rebbi Yose said, a widow for the High Priest, a divorcee or one having received ḥalîṣah for an ordinary Cohen, a bastard or Gibeonite girl for an Israel, a Jewish girl for a bastard or a Gibeonite, that is the “fearful and faint-hearted”.

MISHNAH: If she was seen speaking to a man and one asked her, what kind of man is this? He is Mr. X, a Cohen; Rabban Gamliel and Rebbi Eliezer say, she is believed. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she was lying with a Gibeonite and a bastard unless she provides proof of her statement.

MISHNAH: If she was pregnant and one asked her, what kind of fetus is this? He is from Mr. X, a Cohen; Rabban Gamliel and Rebbi Eliezer say, she is believed. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she is pregnant from a Gibeonite or a bastard unless she provides proof of her statement.

Rebbi Eleazar said to him: Is not the dough widow qualified but her daughter is disqualified? He said to him, whoever declares her to be qualified, declares her daughter to be qualified. Rebbi Jacob bar Aḥa said, did he not say “whoever declares her to be qualified”? This implies that there is another who disqualifies! Who declares qualified? Rebbi Meïr. Who disqualifies? The rabbis. As we have stated: What is qualified dough, anyone about whom there is [no suspicion of descent from] a desecrated, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with one of these is qualified for thepriesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.

MISHNAH: The following adolescent girls can claim a fine: From someone who has intercourse with a bastard girl, or a Gibeonite or a Samaritan girl, and one who comes to a female proselyte, a kidnap victim, or a slave girl who was redeemed, converted, or freed, at less than three years and one day of age. Also from one who has intercourse with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife, or his paternal uncle’s wife, or a menstruating girl; he has to pay the fine since it is not a capital crime even though he is subject to extirpation.

“The Gibeonite.” Rebbi Yose said, they were worried about them only because of the detriment to the families. Could you not say, because of the disability of slaves? If that were true, one who cohabits with a Gibeonite would not be subject to a fine; but we have stated: One who cohabits with a Gibeonite is subject to a fine.

“The Gibeonite.” Rebbi Yose said, they were worried about them only because of the detriment to the families. Could you not say, because of the disability of slaves? If that were true, one who cohabits with a Gibeonite would not be subject to a fine; but we have stated: One who cohabits with a Gibeonite is subject to a fine.

“The Gibeonite.” Rebbi Yose said, they were worried about them only because of the detriment to the families. Could you not say, because of the disability of slaves? If that were true, one who cohabits with a Gibeonite would not be subject to a fine; but we have stated: One who cohabits with a Gibeonite is subject to a fine.

MISHNAH: Neither the orphan, nor the secondarily prohibited, nor the she-ram may claim ketubah, or usufruct, or sustenance, or depreciation. But if he married her from the start as a she-ram, she has claim to her ketubah. A widow [married] to the High Priest, a divorcee or one who had received ḥalîṣah to a common priest, a bastard or Gibeonite girl to an Israel, an Israel girl married to a bastard or Gibeonite, have claim to ketubah.

MISHNAH: Neither the orphan, nor the secondarily prohibited, nor the she-ram may claim ketubah, or usufruct, or sustenance, or depreciation. But if he married her from the start as a she-ram, she has claim to her ketubah. A widow [married] to the High Priest, a divorcee or one who had received ḥalîṣah to a common priest, a bastard or Gibeonite girl to an Israel, an Israel girl married to a bastard or Gibeonite, have claim to ketubah.

MISHNAH: “You are permitted to any man except to my father and your father, to my brother and your brother, to a slave, a Gentile,” or anybody she is unable to contract a preliminary marriage with, it is valid. “You are permitted to any man except as a widow to the High Priest, a divorcee or one having received ḥalȋṣah to a common priest, a bastard or a Gibeonite girl to an Israel, the daughter of an Israel to a a bastard or a Gibeonite,” or anybody she could contract a preliminary marriage with even if it is sinful, it is invalid. The essence of the bill of divorce: You are herewith permitted to any man. Rebbi Jehudah says: This shall be for you from me a divorce scroll and a letter of abandonment, to enable you to marry any man you desire. The essence of the bill of manumission: You are a free person, you are on your own.

MISHNAH: “You are permitted to any man except to my father and your father, to my brother and your brother, to a slave, a Gentile,” or anybody she is unable to contract a preliminary marriage with, it is valid. “You are permitted to any man except as a widow to the High Priest, a divorcee or one having received ḥalȋṣah to a common priest, a bastard or a Gibeonite girl to an Israel, the daughter of an Israel to a a bastard or a Gibeonite,” or anybody she could contract a preliminary marriage with even if it is sinful, it is invalid. The essence of the bill of divorce: You are herewith permitted to any man. Rebbi Jehudah says: This shall be for you from me a divorce scroll and a letter of abandonment, to enable you to marry any man you desire. The essence of the bill of manumission: You are a free person, you are on your own.

MISHNAH: “Be preliminarily married to me by this cup of wine,” but it turned out to be honey; “of honey” but it turned out to be wine; “by this silver denar,” but it turned out to be of gold, “gold denar” but it turned out to be of silver; “on condition that I be poor”, but he turned out to be rich; “rich” but he turned out to be poor; she is not preliminarily married. Rebbi Simeon said, if he tricked her by understatement she is preliminarily married. “On condition that I be a Cohen,” and he turned out to be a Levite; “a Levite” and he turned out to be a Cohen; “a Gibeonite” and he turned out to be a bastard, “a bastard” and he turned out to be a Gibeonite; “a villager” and he turned out to be from a walled city; “from a walled city” and he turned out to be from a village; “on condition that my house be close to the public baths” and it turned out to be far, “far” and it turned out to be close; “on condition that I have a grown-up daughter or slave-girl” and it turned out that he had none, “on condition that I have not” and it turned out that he did have; “on condition that I have children” and it turned out that he had none, “on condition that I not have children” and it turned out that he did have. Il all these cases she is not preliminarily married even if she says, I had the intention to be preliminarily married to him regardless. The same holds if she misinformed him.

MISHNAH: “Be preliminarily married to me by this cup of wine,” but it turned out to be honey; “of honey” but it turned out to be wine; “by this silver denar,” but it turned out to be of gold, “gold denar” but it turned out to be of silver; “on condition that I be poor”, but he turned out to be rich; “rich” but he turned out to be poor; she is not preliminarily married. Rebbi Simeon said, if he tricked her by understatement she is preliminarily married. “On condition that I be a Cohen,” and he turned out to be a Levite; “a Levite” and he turned out to be a Cohen; “a Gibeonite” and he turned out to be a bastard, “a bastard” and he turned out to be a Gibeonite; “a villager” and he turned out to be from a walled city; “from a walled city” and he turned out to be from a village; “on condition that my house be close to the public baths” and it turned out to be far, “far” and it turned out to be close; “on condition that I have a grown-up daughter or slave-girl” and it turned out that he had none, “on condition that I have not” and it turned out that he did have; “on condition that I have children” and it turned out that he had none, “on condition that I not have children” and it turned out that he did have. Il all these cases she is not preliminarily married even if she says, I had the intention to be preliminarily married to him regardless. The same holds if she misinformed him.

MISHNAH: In any case of a not sinful preliminary marriage, the child follows the father. Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel. And in any case of a sinful preliminary marriage, the child follows the blemished part. Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a Gibeonite or a bastard. In any case where a preliminary marriage with him is impossible but with others is possible, the child is a bastard. Who is this? This is one having sexual relations with any woman forbidden in the Torah because of incest or adultery. And in any case where a preliminary marriage is impossible with anybody, the child follows the mother. Who is this? The child of a slave girl or a Gentile woman.

MISHNAH: In any case of a not sinful preliminary marriage, the child follows the father. Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel. And in any case of a sinful preliminary marriage, the child follows the blemished part. Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a Gibeonite or a bastard. In any case where a preliminary marriage with him is impossible but with others is possible, the child is a bastard. Who is this? This is one having sexual relations with any woman forbidden in the Torah because of incest or adultery. And in any case where a preliminary marriage is impossible with anybody, the child follows the mother. Who is this? The child of a slave girl or a Gentile woman.

HALAKHAH: “In any case of a not sinful preliminary marriage,” etc. Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel.” Rebbi Abin understood this from the second part: (In any case of a not sinful preliminary marriage, the child follows the father.) [In any case of a sinful preliminary marriage, the child follows the blemished part.] Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a bastard or a Gibeonite.” Could he not have objected to him: In the case of a disqualified priest married to the daughter of an Israel there is no sinful marriage but the child follows the blemished part? In the case of a man taking back his divorcee after she had been remarried, there is (no) sinful marriage but the child is unblemished since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: The daughter of a man taking back his divorcee after she had been remarried is enabled for the priesthood. What is the reason? [For she is an abomination,] she is an abomination but her children are not an abomination.

HALAKHAH: “In any case of a not sinful preliminary marriage,” etc. Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel.” Rebbi Abin understood this from the second part: (In any case of a not sinful preliminary marriage, the child follows the father.) [In any case of a sinful preliminary marriage, the child follows the blemished part.] Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: “Who is this? A widow [married to] a High priest, a divorcee or one who has received ḥalîṣah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a bastard or a Gibeonite.” Could he not have objected to him: In the case of a disqualified priest married to the daughter of an Israel there is no sinful marriage but the child follows the blemished part? In the case of a man taking back his divorcee after she had been remarried, there is (no) sinful marriage but the child is unblemished since Rebbi Ḥiyya said in the name of Rebbi Joḥanan: The daughter of a man taking back his divorcee after she had been remarried is enabled for the priesthood. What is the reason? [For she is an abomination,] she is an abomination but her children are not an abomination.

One understands “the daughter of an Israel to a bastard or a Gibeonite,” for it is written: “A bastard shall not come into the Eternal’s congregation.” Why does the verse say: “of his shall not come”? To disqualify. Rebbi Abbu said, what means ממזר? “A strange defect.” This disagrees with what Rebbi Jehudah ben Pazi said, “God installs singles as heads of families,” even if there is a male bastard at one end of the world and a female bastard at the other, the Holy One, praise to Him, brings them and copulates them with one another. Rav Huna said, a bastard does not live more than thirty days. In the days of Rebbi Berekhiah, a Babylonian immigrated here; he was informed that this was a bastard. He said to him, support me. He told him, tomorrow you will stand up in the community and I shall look for an allowance for you. He came and sat during the sermon. When he finished the sermon, he said, our brothers, support this man for he is a bastard. After the congegration had left, he said to him, rabbi, I requested material support from you but you destroyed this man’s life. He answered, by your life, life I gave you for Rebbi Abba, Rav Huna, said in the name of Rav: A bastard lives only thirty days. When? If he is not publicly known. But when he is publicly known, he survives.

Rav Huna said that in the days of Rebbi Eleazar ben Azariah they tried to include them. Rebbi Abbahu inverts the wording: In the days of Rebbi Eleazar they said, who could purify the altar’s part? That implies that Joshua excluded them. He excluded them only as disqualified for marriage. If you would say, disqualified (because of sins) then the rapist of a Gibeonite girl should not have to pay the fine, but we have stated: The rapist of a Gibeonite girl has to pay the fine.” Rebbi Eleazar said, he cursed them as a snake, as it is said: “But now you are cursed.” And it is written: “The people of Israel said to the Ḥiwwite.” But were they Ḥiwwites? They acted like the snake which said, I know that the Holy One, praise to Him, did say “because on the day you eat from it, you will die a death.” I shall go and trick them so that they eat and will be punished and I shall inherit the earth for myself. So these people acted; they said, we know that the Holy One, praise to Him, said to Israel: “You shall certainly ban them, the Hittite, the Emorite, and the Perizite, as the Eternal, your God, has commanded you” And it is written: “You shall not conclude a covenant with them.” We shall go and trick them that they conclude a covenant with us. As you take it, if they kill us, they violate their oath. If they let us live, they violated the [divine] decision. In any case, they will be punished and we shall inherit the Land.

Rav Huna said that in the days of Rebbi Eleazar ben Azariah they tried to include them. Rebbi Abbahu inverts the wording: In the days of Rebbi Eleazar they said, who could purify the altar’s part? That implies that Joshua excluded them. He excluded them only as disqualified for marriage. If you would say, disqualified (because of sins) then the rapist of a Gibeonite girl should not have to pay the fine, but we have stated: The rapist of a Gibeonite girl has to pay the fine.” Rebbi Eleazar said, he cursed them as a snake, as it is said: “But now you are cursed.” And it is written: “The people of Israel said to the Ḥiwwite.” But were they Ḥiwwites? They acted like the snake which said, I know that the Holy One, praise to Him, did say “because on the day you eat from it, you will die a death.” I shall go and trick them so that they eat and will be punished and I shall inherit the earth for myself. So these people acted; they said, we know that the Holy One, praise to Him, said to Israel: “You shall certainly ban them, the Hittite, the Emorite, and the Perizite, as the Eternal, your God, has commanded you” And it is written: “You shall not conclude a covenant with them.” We shall go and trick them that they conclude a covenant with us. As you take it, if they kill us, they violate their oath. If they let us live, they violated the [divine] decision. In any case, they will be punished and we shall inherit the Land.

HALAKHAH: “One who comes to marry a woman from a priestly family,” etc. Rebbi Joḥanan said, this is Rebbi Meïr’s, as we have stated: “What is qualified dough? Anyone about whom there is [no suspicion of descent from] a desecrated one, a bastard, or a Gibeonite. Rebbi Meïr says, the daughter of any woman not tainted with any of these is qualified for the priesthood. But about a family in which a disability had disappeared, Rebbi Meïr says he checks up to four mothers and marries, but the Sages say, he checks forever.” Rav said, these are the words of Rebbi Meïr, but the Sages say, he checks from which family one marries into the priesthood and marries. Through whom does he check? Rebbi Ḥaggai in the name of Rebbi Josia: He checks through his female relatives. To Rebbi Ḥama came an old man; he asked him: Does one marry into the priesthood from this family? He answered: yes, and he was making a match based on this information. Rav said to his son Ḥiyya: Descend a degree to marry a wife. Rebbi Idi said, the following is a frequent saying of the rabbis: “If the woman was not impure but she is pure.” If she was not impure, she is pure. Not like Pappos ben Jehudah who locks the door before his wife. One said to him, did your forefathers act like this? A Cohen came to Rebbi Joḥanan and said to him: I acted on the Mishnah when I married a woman from a priestly family and checked after her four mothers which are eight. He said to him, if the origin was defective, who would inform you?

HALAKHAH: “The following ones one saves at the cost of their own persons” etc. “He who pursues another to kill him, whether in a house or on the field one saves at the cost of his own person, both him who pursues another to kill him or him who pursues any of the transgressions in the Torah one saves at the cost of his own person. But if it was a widow for a High Priest, a divorcee or one who had received ḥalîṣah for a common priest, a bastard or a Gibeonite for an Israel, an Israel woman for a bastard or a Gibeonite, one does not save him at the cost of his own person. If the deed had been done, one does not save him at the cost of his own person. If there are people to save her, one does not save him at the cost of his own person. Rebbi Jehudah says, if she said, let him do it, one does not save at the cost of his own person. For if they would injure him, they through him would come to spill blood.”

HALAKHAH: “The following ones one saves at the cost of their own persons” etc. “He who pursues another to kill him, whether in a house or on the field one saves at the cost of his own person, both him who pursues another to kill him or him who pursues any of the transgressions in the Torah one saves at the cost of his own person. But if it was a widow for a High Priest, a divorcee or one who had received ḥalîṣah for a common priest, a bastard or a Gibeonite for an Israel, an Israel woman for a bastard or a Gibeonite, one does not save him at the cost of his own person. If the deed had been done, one does not save him at the cost of his own person. If there are people to save her, one does not save him at the cost of his own person. Rebbi Jehudah says, if she said, let him do it, one does not save at the cost of his own person. For if they would injure him, they through him would come to spill blood.”

MISHNAH: If the Court ruled but one of them knew that it was in error and he told them, you are erring, or that the distinguished member of the Court was not there, or that one of them was a proselyte, or a bastard, or a Gibeonite, or a childless old man, it is not liable since it is said here “congregation” and it is said there “congregation”. Since in the congregation mentioned there, all of them were worthy of ordination, also the congregation here all have to be worthy of ordination.

HALAKHAH: “If the Court ruled but one of them knew that it was in error,” etc. The Mishnah is Rebbi’s, since Rebbi said, no one invalidates but the distinguished member of the Court (at Lydda) [only]. It is written: If from the eyes of the congregation, from him who is appointed as eyes of the congregation. It is written, they shall stand there with you. Just as you are neither proselyte, nor Gibeonite, nor a bastard. Proselytes are reasonable, but bastards? does the court appoints bastards? Rav Ḥuna said, when they breached the rules and appointed. Rebbi Ḥanania, Rebbi Mana. One said, as part of the Seventy; the other said, apart from the Seventy. He who said, apart from the Seventy, is understandable. But he who said, as part of the Seventy, therefore not apart from the Seventy? Since he is not suitable for ordination, he is considered like a stone.

MISHNAH: A priest precedes a Levite, a Levite an Israel, an Israel a bastard, a bastard a Gibeonite, a Gibeonite a proselyte, a proselyte a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.

MISHNAH: A priest precedes a Levite, a Levite an Israel, an Israel a bastard, a bastard a Gibeonite, a Gibeonite a proselyte, a proselyte a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

MISHNA: And these are the ones who receive lashes. One who cohabits with his sister, with his father's sister, with his mother's sister with his brother' wife's sister, with his brother's wife, with his father's brother's wife, or with a nidda [i.e. a menstruating lady]. A widow with a high priest, a divorcee or a arkham who received chalutzah with a regular priest, a mamzeres [i.e. illegitimate woman] or nasina [i.e. a Gibeonite woman] with an Israelite, the daughter if a priest with a nasan or a mamzer. [All of these aforementioned cohabitations are subject to lashes.]