jo

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Joḥanan said, everywhere one taught anonymous Mishnaiot, it follows the rabbis unless one’s teacher explains it [differently]. Rebbi Simeon ben Laqish says, all anonymous Mishnaiot follow Rebbi Meїr unless one’s teacher explains it [differently]. Rebbi Ze‘ira said before Rebbi Yasa, not that Rebbi Simeon ben Laqish disagrees, only he saw that most anonymous Mishnaiot follow Rebbi Meїr. Rebbi Ze‘ira asked before Rebbi Mana: What kind of teacher? The teacher of the baraita or the teacher of study? Does not the story of Rebbi Eleazar imply, the teacher of the baraita? “Following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands his chapters.” We have to say that he received instruction from the teacher of the baraita when he understood that Rebbi Ḥiyya stated it in the name of Rebbi Meїr.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood? But, she is blemished in that she cannot eat heave. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination”. She is an abomination, the child is not an abomination.

HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood? But, she is blemished in that she cannot eat heave. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination”. She is an abomination, the child is not an abomination.

Rebbi Yudan asked: If somebody gave qiddushin to a woman “from now and after thirty days” and her sister became a candidate for levirate with him during these thirty days, is there even in this case no “bespeaking” after “bespeaking? He said, Rabban Gamliel said only “after a bill of divorce and ‘bespeaking’ ”. But what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddushin are valid for her, does not follow Rabban Gamliel.

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.”

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

There, we have stated: “All women become impure in the outer cavity.” What is the outer cavity? Rebbi Joḥanan said, up to the place which is seen when girls sit down to urinate. Rebbi Simeon ben Laqish said to him, but in all impurities particular to her, she becomes impure only up to the place of teeth. Rebbi Zakkai stated: Up to the place of teeth, and from between the teeth to the inside. Rebbi Yose ben Rebbi Abun in the name of Samuel: The entire genitals are called “outer cavity”.

“He acquired her and there is no difference between intercourse and intercourse.” What did he acquire? Samuel said, he acquired only the things spelled out in the paragraph: To inherit the deceased’s property, (to be betrothed by a brother), and to permit her co-wife to the outside. Rebbi Joḥanan said, he acquired everything. Rebbi Isaac ben Eleazar said, when do they disagree? If he touched her. But if he completed the intercourse, everybody agrees that he acquired everything. Rebbi Mattaniah said, when do they disagree? If he had intercourse with her still in her father’s house. But if he had intercourse with her still in her husband’s house, everybody agrees that he acquired everything. Rebbi Yose said, the Mishnah said: If he married her, she is his wife in every respect.

May she eat heave? Rebbi Abba in the name of Samuel: It is reasonable that she should eat if she was eating during her husband’s lifetime; otherwise she may not eat. Rebbi Joḥanan said, she eats even if she did not eat before. Rebbi Yose said, even if she was only able to eat. There is a baraita in support of either one. There is a baraita supporting Samuel: A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat. There is a baraita supporting Rebbi Joḥanan: A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.

May she eat heave? Rebbi Abba in the name of Samuel: It is reasonable that she should eat if she was eating during her husband’s lifetime; otherwise she may not eat. Rebbi Joḥanan said, she eats even if she did not eat before. Rebbi Yose said, even if she was only able to eat. There is a baraita in support of either one. There is a baraita supporting Samuel: A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat. There is a baraita supporting Rebbi Joḥanan: A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.

MISHNAH: A man should not rest from being fruitful and multiply unless he has children. The House of Shammai say two males, but the House of Hillel say a male and a female, as it is said “male and female He created them.” If he married a wife and she stayed with him for ten years and had no child he is not permitted to rest. If he divorced her, she is permitted to marry another and the second [husband] is permitted to stay with her for ten years, and if she had a miscarriage she counts from the moment of the miscarriage. The man is commanded to be fruitful and multiply but not the woman. Rebbi Joḥanan ben Beroqa said, for both of them it says “God blessed them and God said to them, be fruitful and multiply,” etc.

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: The reason of that Tanna: “Be fruitful and multiply, fill the earth and conquer it.” It is written “he shall conquer it.” Who usually conquers? The man, not the woman. Rebbi Jeremiah, Rebbi Abbahu, Rebbi Isaac bar Marion, in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Jacob bar Aḥa and Rebbi Jacob bar Idi, Rebbi Isaac bar Ḥaqula in the name of Rebbi Jehudah Neśia: If she requests to be married, she has the law on her side. Rebbi Eleazar in the name of Rebbi Ḥanina: Practice follows Rebbi Joḥanan ben Beroqa. Rebbi Abba bar Zavda said to him, I was with you and it was only said that if she requests to be married, she has the law on her side. In a similar case, referring to what we have stated there: “In the week in which the Ninth of Av falls, it is forbidden to get a haircut and to wash. But on Thursday one is permitted, in preparation for the Sabbath.” Rebbi Abba bar Zavda in the name of Rebbi Ḥanina: Rebbi wanted to do away with the Ninth of Av but they did not let him. Rebbi Eleazar said to him, I was with you and it was only said that Rebbi wanted to do away with the Ninth of Av which happened to be on the Sabbath but they did not let him. He said, since it is pushed away, let it be pushed away. They said to him, it should be pushed to the next day. He recited on these: “Two are better than one.”

Rebbi Hila in the name of Rebbi Eleazar: “They shall eat”, they shall enable to eat. The one who may eat enables to eat, the one who may not eat cannot enable to eat. Rebbi Joḥanan says, because of a fine. What is the difference between them? If an uncircumcised slave buys slaves. If you say, it is a fine, here there is no fine. If you say the one who may eat enables to eat, this one, since he is not able to eat, cannot enable to eat.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.

The offspring of a paraphernalia animal belongs to the husband, that of a paraphernalia slave girl belongs to the wife. Ḥanania the nephew of Rebbi Joshua said, the offspring of a paraphernalia animal is like that of a paraphernalia slave girl. Rebbi Eleazar said to the colleagues, you should know that Rebbi Joḥanan follows Ḥanania the nephew of Rebbi Joshua. Rav and Samuel, Rav follows the rabbis, but Samuel follows Ḥanania the nephew of Rebbi Joshua. Samuel objected to Rav: According to you who says, they belong to the wife, should the first-born not take a double portion? Think of it, if she brought them when they were small and they grew up, are they not the wife’s, and you agree with me that the first-born takes a double portion!

HALAKHAH: Rebbi Eleazar said, so is the Mishnah: Her slaves may eat, his slaves may not eat. For if it were not so, she would eat but her slaves would not eat! Rebbi Josia in the name of Rebbi Joḥanan: If it is from this, she also should not eat. Rebbi Ḥaggai said before Rebbi Yose: Not that Rebbi Joḥanan disagrees, he only said, for if it were not so, she would eat but her slaves would not eat. There came a case before Rebbi Joshua ben Levi. He said, go out and look how the public behaves. Rebbi Abin said in the name of Rebbi Joshua ben Levi, not only this practice, but in any practical question which is weak in court and you do not know how to decide, go out and see how the public acts, and act accordingly. And we see that they do not eat. Rebbi Yose said, this means that [the fetus] does not disable anybody able to eat and does not enable anybody unable to eat.

HALAKHAH: Rebbi Eleazar said, so is the Mishnah: Her slaves may eat, his slaves may not eat. For if it were not so, she would eat but her slaves would not eat! Rebbi Josia in the name of Rebbi Joḥanan: If it is from this, she also should not eat. Rebbi Ḥaggai said before Rebbi Yose: Not that Rebbi Joḥanan disagrees, he only said, for if it were not so, she would eat but her slaves would not eat. There came a case before Rebbi Joshua ben Levi. He said, go out and look how the public behaves. Rebbi Abin said in the name of Rebbi Joshua ben Levi, not only this practice, but in any practical question which is weak in court and you do not know how to decide, go out and see how the public acts, and act accordingly. And we see that they do not eat. Rebbi Yose said, this means that [the fetus] does not disable anybody able to eat and does not enable anybody unable to eat.

Rebbi Ismael ben Rebbi Yose stated in the name of his father: If there was a daughter, she enables to eat. Rebbi Immi in the name of Rebbi Joḥanan: Because she is able to take her upkeep away from them. Is a wife not also able to take her upkeep away from them? She might request her ketubah be paid or lose her ketubah. This is difficult! The ketubah is a biblical institution, the upkeep of the daughters is rabbinical; do their institutions uproot a word of the Torah? It follows him who said that they accepted tithes voluntarily.

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

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

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

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

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

In the opinion of Rebbi Aqiba, for which reason were “sojourner or hireling” written for heave? Like what Rebbi Hila said in the name of Rebbi Yasa, if somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought uncircumcised slaves from a Gentile with the understanding that he would circumcise them, they [still] cannot eat heave even if circumcised. Rebbi Yose in the name of Rebbi Joḥanan, Rebbi Simeon bar Abba in the name of Rebbi Joḥanan: If somebody bought slaves from a Gentile with the understanding that he would circumcise them but they changed their minds, he keeps them for twelve months. If they accept, it is fine; otherwise, he may sell them to a Gentile. Rebbi Isaac bar Naḥman in the name of Rebbi Joshua ben Levi: It happened that somebody bought a village full of uncircumcised slaves from a Gentile with the understanding that he would circumcise them but they changed their minds. He came and asked the rabbis. They said to him, keep them for twelve months. If they accept, it is fine; otherwise one follows the local customs.

It is written: “Any slave who is a man bought by money.” You circumcise by force a slave who is a man, you do not circumcise by force a son who is a man. Rebbi Joḥanan asked, does this imply that you may circumcise a minor by force? Even like one of undescended testicles? Rebbi Ḥizqiah in the name of Rebbi Abba: It is so. “If he found there a foundling. If he immersed him as a slave, he circumcises him as a slave; [if he immersed him] as a free person, he circumcises him as a free person.” Rebbi Joḥanan asked, as a slave, he circumcises him as a slave; even like one of undescended testicles? Rebbi Abbahu and Rebbi Eleazar in the name of Rebbi Hoshaia did not say so, but “any slave who is a man bought by money.” If your slave is a man, you circumcise him by force. If your son is a man, you do not circumcise him by force. This refers to what Rebbi Hila said in the name of Rebbi Yasa: If somebody buys uncircumcised slaves from Gentiles on condition that he will circumcise them, in any case if they are slaves who are men, you circumcise them by force. On condition that he will not circumcise them, he is like a son who is a man, you do not circumcise him by force.

It is written: “Any slave who is a man bought by money.” You circumcise by force a slave who is a man, you do not circumcise by force a son who is a man. Rebbi Joḥanan asked, does this imply that you may circumcise a minor by force? Even like one of undescended testicles? Rebbi Ḥizqiah in the name of Rebbi Abba: It is so. “If he found there a foundling. If he immersed him as a slave, he circumcises him as a slave; [if he immersed him] as a free person, he circumcises him as a free person.” Rebbi Joḥanan asked, as a slave, he circumcises him as a slave; even like one of undescended testicles? Rebbi Abbahu and Rebbi Eleazar in the name of Rebbi Hoshaia did not say so, but “any slave who is a man bought by money.” If your slave is a man, you circumcise him by force. If your son is a man, you do not circumcise him by force. This refers to what Rebbi Hila said in the name of Rebbi Yasa: If somebody buys uncircumcised slaves from Gentiles on condition that he will circumcise them, in any case if they are slaves who are men, you circumcise them by force. On condition that he will not circumcise them, he is like a son who is a man, you do not circumcise him by force.

The one drawn [circumcised], the one born circumcised, and the circumcised before he converted may not eat heave. Rebbi Zeriqan, Rebbi Yannay ben Rebbi Ismael, in the name of Rebbi Joḥanan: As a fine. Rebbi Jeremiah, Rebbi Samuel ben Rav Isaac in the name of Rav: They instituted a fence. What is the difference between them? If another person drew it, or that it regrew by itself. If you want to say, it is a fine, there is no place for a fine. If you say they instituted a fence, nevertheless they instituted a fence.

There, we have stated: “Everybody is required to be seen except the deaf-and-dumb, the insane, the minor, the sexless, and the hermaphrodite.” What says Rebbi Jehudah in this respect? Let us hear from the following: Rebbi Joḥanan ben Dahavai said in the name of Rebbi Jehudah, “also the blind one.” Nobody says “also” unless he agrees with the preceding statement. The argument of Rebbi Jehudah seems to be inverted. There he says to exclude, but here he says to include. Rebbi Jehudah and the rabbis explain the same verse. The rabbis explain “uncircumcised”, why does the verse add “male”? Only if he is totally male. Rebbi Jehudah explains “male”, why does the verse add “uncircumcised”? Even if he is partially male. But here, “all your maleness”, that excludes the hermaphrodite.

It was stated: As long as he is occupied with the circumcision, he may return both to fibers which invalidate the circumcision as also to fibers that do not invalidate the circumcision. Once he has stopped, he may return only to fibers which invalidate the circumcision. Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision. Which [statement of] Rebbi Yose? That which we had stated there: “Rebbi Yose said, if the first day of Tabernacles falls on a Sabbath and somebody forgot [that it was the Sabbath] and took the palm branch into the public domain he is free [from punishment] since he took it out with permission.” Is it the same for the knife of circumcision, for a maṣṣah? Since Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision, that means the same holds for the knife of circumcision, for a maṣṣah.

It was stated: As long as he is occupied with the circumcision, he may return both to fibers which invalidate the circumcision as also to fibers that do not invalidate the circumcision. Once he has stopped, he may return only to fibers which invalidate the circumcision. Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision. Which [statement of] Rebbi Yose? That which we had stated there: “Rebbi Yose said, if the first day of Tabernacles falls on a Sabbath and somebody forgot [that it was the Sabbath] and took the palm branch into the public domain he is free [from punishment] since he took it out with permission.” Is it the same for the knife of circumcision, for a maṣṣah? Since Rebbi Joḥanan said, the words of Rebbi Yose imply that even after he has stopped he may return even to fibers that do not invalidate the circumcision, that means the same holds for the knife of circumcision, for a maṣṣah.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

“If he did not know her carnally after he was injured in his testicles or his penis was cut off, they may eat.” Rebbi Eleazar said, this is Rebbi Eleazar’s and Rebbi Simeon’s. Rebbi Joḥanan said, it is everybody’s opinion; there is a difference since he did not add an acquisition to disable. It turns out that this disagreement parallels the other disagreement, since they disagreed: A priestly woman waiting for her levir who became eligible to two priestly levirs. If one of them “bespoke” her but did not have occasion to bring her to the marriage chamber before he became injured in his testicles or his penis was damaged, Rebbi Simeon ben Laqish said, since she is a candidate for disabling intercourse, she is disabled. Rebbi Joḥanan said, when he will copulate. If one of them was qualified but the other disqualified, even Rebbi Joḥanan agrees. Rebbi Ḥiyya bar Ada asked before Rebbi Mana, if the qualified one “bespoke” her? He said to him, the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

HALAKHAH: “Who is injured in his lower parts,” etc. “Injured,” I would have said in his eye. The verse says “discharge pipe”, he is injured in the neighborhood of the discharge pipe. If he is injured in the neighborhood of the discharge pipe it might be his eye in the neighborhood of his nose! The verse says, “the lowly”. What comes between his heels. Rebbi Ḥaggai said before Rebbi Mana, a man’s lowest part when he sits down are his testicles. Rebbi Yose ben Rebbi Abun said, that is correct. You should know that this is so since in all other cases “generations” are written except in this case since he is infertile. And not only if [a testicle] is injured but also if it is gangrenous, or dried up, or missing. It was stated: Rebbi Ismael ben Rebbi Joḥanan ben Beroqa says: I heard in the vineyard at Jabne that nobody [born] with only one testicle can be fertile and he is a “sun eunuch”. Rebbi Yose said, I heard that practice follows Rebbi Joḥanan ben Beroqa but I do not remember from whom I heard it. Rebbi Immi said, certainly Rebbi Yose did not hear it from a minor personality. Samuel said, if a person with only one testicle will come before me, I shall declare him qualified. Rebbi Ḥuna said, because he thinks like Rebbi Ismael ben Rebbi Joḥanan. Rebbi Yudan ben Ḥanin said, but only the one of the right hand side. There came a case before Rebbi Immi. He said, yes, my daughter, you are permitted to him. But you should know that he is infertile. Rebbi Ze‘ira praised him for making the case clear.

Some Tannaïm state: Through human action he is disqualified, through Heaven’s action he is qualified. Some Tannaïm state: He is disqualified both through human or Heaven’s action. He who said, through human action he is disqualified, through Heaven’s action he is qualified, infers it from a bastard. “A bastard may not marry,” “no one with a damaged testicle may marry.” Just as a bastard is created by human action, so the one injured in a testicle is created by human action. He who said, he is disqualified both through human or Heaven’s action, from where does he infer it? Rebbi Mana said, from here: “No one with a damaged testicle may marry,” ever. Rebbi Yose ben Rebbi Abun said, he still infers it from a bastard. “A bastard may not marry,” “no one with a damaged testicle may marry.” Just as a bastard is created by Heaven’s action, so the one injured in a testicle is created by Heaven’s action. Is the bastard created by Heaven’s action? His formation is by Heaven’s action. They wanted to say that he who said, through human action he is disqualified, through Heaven’s action he is qualified, follows Rebbi Ismael the son of Rebbi Joḥanan ben Beroqa; he who said, he is disqualified both through human or Heaven’s action, [follows] the rabbis. Rebbi Aḥai bar Pappaios said before Rebbi Ze‘ira, all follows the rabbis. For instance, if scab developed and he rubbed or squeezed it off, that is human action induced by Heaven’s action.

“The one whose urethra is cut off, anyone whose penis is cut, but he is qualified if there is a thread’s [breath] left of the corona,” etc. Rebbi Yose in the name of Rebbi Ḥanina: Of the upper side of the corona. Rebbi Ḥiyya in the name of Rebbi Ḥanina: Of the lower side of the corona. Rebbi Joshua ben Levi said, of the lower side of the corona. There, they said, if it has the shape of a drainpipe, he is qualified. Rebbi Hila in the name of Rebbi Joḥanan, if it has the shape of a writing reed, he is qualified, of an inverted writing reed, he is disqualified. If it is punctured, from the inside he is disqualified, from the outside he is qualified. Rebbi Abba in the name of Rav Jehudah, “inside” [means] from the corona towards the body; “outside” [means] from the corona away from the body. If it is punctured, he is disqualified; if it became blocked, he is qualified. If [the urethra] is punctured, he is disqualified, because it pours out; if it became blocked, he is qualified because he can be fertile. That is a disqualification which can revert to a qualification. The only difference between one injured in his lower parts and one whose testicles are injured are medical rules since an injured testicle may heal, an injured urethra does not heal. What can he do? Rebbi Jacob bar Aḥa in the name of Rav Jehudah: He brings ants, lets them bite, and cuts them off.

In the opinion of Rebbi Jehudah, may a male bastard not marry a female bastard? Let us hear from the following, as Rebbi Immi said, Rebbi Jacob from Gebal stated before Rebbi Joḥanan, Rebbi Isaac bar Tevele in the name of Rebbi Simeon ben Laqish: Rebbi Jehudah stated that a male bastard should not marry a female bastard so that bastards should disappear from the world. Similarly, is an Ammonite man forbidden to marry an Ammonite woman? Was that needed for the rabbis? For if Rebbi Jehudah would think that disqualified converts form one of the Eternal’s congregations, then [the Ammonite] could not marry an Ammonite woman since for her he would be of the Eternal’s congregation. He could not marry an Egyptian woman since for her he would be of the Eternal’s congregation. Rebbi Mattania said, one frees a slave girl for him. Similarly, could an Egyptian man not marry an Egyptian woman? Let us hear from the following, as Rebbi Abbahu stated before Rebbi Joḥanan: “Rebbi Jehudah said, Benjamin, an Egyptian convert, was a student of Rebbi Aqiba. He said, I am an Egyptian convert married to an Egyptian convert. My son is an Egyptian convert; I shall marry him to an Egyptian convert so that my grandson will be qualified to marry into the congregation. Rebbi Aqiba said to him, my son, it is not so. But you marry him to the daughter of an Egyptian woman convert so that there should be three generations on every side.”

In the opinion of Rebbi Jehudah, may a male bastard not marry a female bastard? Let us hear from the following, as Rebbi Immi said, Rebbi Jacob from Gebal stated before Rebbi Joḥanan, Rebbi Isaac bar Tevele in the name of Rebbi Simeon ben Laqish: Rebbi Jehudah stated that a male bastard should not marry a female bastard so that bastards should disappear from the world. Similarly, is an Ammonite man forbidden to marry an Ammonite woman? Was that needed for the rabbis? For if Rebbi Jehudah would think that disqualified converts form one of the Eternal’s congregations, then [the Ammonite] could not marry an Ammonite woman since for her he would be of the Eternal’s congregation. He could not marry an Egyptian woman since for her he would be of the Eternal’s congregation. Rebbi Mattania said, one frees a slave girl for him. Similarly, could an Egyptian man not marry an Egyptian woman? Let us hear from the following, as Rebbi Abbahu stated before Rebbi Joḥanan: “Rebbi Jehudah said, Benjamin, an Egyptian convert, was a student of Rebbi Aqiba. He said, I am an Egyptian convert married to an Egyptian convert. My son is an Egyptian convert; I shall marry him to an Egyptian convert so that my grandson will be qualified to marry into the congregation. Rebbi Aqiba said to him, my son, it is not so. But you marry him to the daughter of an Egyptian woman convert so that there should be three generations on every side.”

Example. The elder Rebbi Hoshaia and Rebbi Judah Neśia were sitting together. Rebbi Joḥanan ran und whispered into Rebbi Hoshaia the elder’s ear: May a Cohen who is injured in his testicles marry the daughter of converts? He asked him, what did he tell you? He answered, a question which a carpenter, son of carpenters, cannot resolve. He did not ask me about a convert, since she is like a whore for him. He did not ask about an Israelite daughter, for she will be desecrated. He asked only about the daughter of converts! Is the daughter of converts not an Israel? You have to explain it following Rebbi Jehudah, since Rebbi Jehudah says, the daughter of a male convert has the status of a desecrated male.

Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: It happened that a family in Rhodes was in bad reputation. Rebbi sent Rebbi Romanus to investigate them. He investigated and found that a grandmother had been converted at less than three years and a day of age, and he declared them fit for the priesthood. Rav Hoshaia said, he declared them fit following Rebbi Simeon. Rebbi Zeїra said, here it is everybody’s opinion since Rebbi Zeїra said in the name of Rav Ada bar Ahava, Rebbi Judan brings it in the name of Rebbi Abbahu in the name of Rebbi Joḥanan: The child of an adult is fit since it is a prohibition deduced from a positive commandment. (Lev. 21:13) “But he shall take a wife in her virginity,” which is a prohibition deduced from a positive commandment. Similarly, (Lev. 21:14) “only a virgin from among his people he shall take as wife,” not a proselyte. Any prohibition deduced from a positive commandment is a positive commandment. Rebbi Hoshaia objected: But the second generation of an Egyptian is under a prohibition deduced from a positive commandment! Rebbi Hoshaia turned around and said, a positive commandment for an Israel cannot be compared to a positive commandment for Cohanim. A positive commandment for an Israel implies a prohibition for everybody. A positive commandment for Cohanim implies a prohibition for Cohanim but a permission for Levites and Israel.

Rebbi Zakkai stated before Rebbi Joḥanan: The daughter of an Ammonite convert is enabled, the daughter of an Ammonite woman convert is disabled. Rebbi Joḥanan told him: Babylonian, you crossed three rivers on your way and got lost! But both the daughter of an Ammonite convert and the daughter of an Ammonite woman convert are enabled. Rebbi Yosa in the name of Rebbi Joḥanan: The statement is needed only if her mother was from Israel. That you should not say, since her mother was desecrated, so the daughter is desecrated. Rebbi Abbahu in the name of Rebbi Joḥanan, she is enabled even for the High Priest. What is the reason? “In his peoples”. A people divided into two peoples, the males are forbidden but their females permitted. Rebbi Ḥaggai in the name of Rebbi Pedat: Rebbi Simeon ben Laqish did not say so, but the daughter of an Ammonite convert is disabled since she comes from a disabled drop. Rebbi Joḥanan said, we have stated thus: Of Gentiles married unconverted, the males are permanently forbidden but their females are immediately permitted. If they converted, the males are permanently forbidden but their females are permitted after three generations. Rebbi Ḥizqiah in the name of [Rebbi] Aḥa: A baraita states this: From where can you say that if one of any of the families of the earth cohabited with a Canaanite woman and she gave birth to a son, that you may buy him as a slave? The verse says, “whom they will father in your land,” not from those who dwell in your land.

Rebbi Zakkai stated before Rebbi Joḥanan: The daughter of an Ammonite convert is enabled, the daughter of an Ammonite woman convert is disabled. Rebbi Joḥanan told him: Babylonian, you crossed three rivers on your way and got lost! But both the daughter of an Ammonite convert and the daughter of an Ammonite woman convert are enabled. Rebbi Yosa in the name of Rebbi Joḥanan: The statement is needed only if her mother was from Israel. That you should not say, since her mother was desecrated, so the daughter is desecrated. Rebbi Abbahu in the name of Rebbi Joḥanan, she is enabled even for the High Priest. What is the reason? “In his peoples”. A people divided into two peoples, the males are forbidden but their females permitted. Rebbi Ḥaggai in the name of Rebbi Pedat: Rebbi Simeon ben Laqish did not say so, but the daughter of an Ammonite convert is disabled since she comes from a disabled drop. Rebbi Joḥanan said, we have stated thus: Of Gentiles married unconverted, the males are permanently forbidden but their females are immediately permitted. If they converted, the males are permanently forbidden but their females are permitted after three generations. Rebbi Ḥizqiah in the name of [Rebbi] Aḥa: A baraita states this: From where can you say that if one of any of the families of the earth cohabited with a Canaanite woman and she gave birth to a son, that you may buy him as a slave? The verse says, “whom they will father in your land,” not from those who dwell in your land.

Rebbi Zakkai stated before Rebbi Joḥanan: The daughter of an Ammonite convert is enabled, the daughter of an Ammonite woman convert is disabled. Rebbi Joḥanan told him: Babylonian, you crossed three rivers on your way and got lost! But both the daughter of an Ammonite convert and the daughter of an Ammonite woman convert are enabled. Rebbi Yosa in the name of Rebbi Joḥanan: The statement is needed only if her mother was from Israel. That you should not say, since her mother was desecrated, so the daughter is desecrated. Rebbi Abbahu in the name of Rebbi Joḥanan, she is enabled even for the High Priest. What is the reason? “In his peoples”. A people divided into two peoples, the males are forbidden but their females permitted. Rebbi Ḥaggai in the name of Rebbi Pedat: Rebbi Simeon ben Laqish did not say so, but the daughter of an Ammonite convert is disabled since she comes from a disabled drop. Rebbi Joḥanan said, we have stated thus: Of Gentiles married unconverted, the males are permanently forbidden but their females are immediately permitted. If they converted, the males are permanently forbidden but their females are permitted after three generations. Rebbi Ḥizqiah in the name of [Rebbi] Aḥa: A baraita states this: From where can you say that if one of any of the families of the earth cohabited with a Canaanite woman and she gave birth to a son, that you may buy him as a slave? The verse says, “whom they will father in your land,” not from those who dwell in your land.

Rebbi Zakkai stated before Rebbi Joḥanan: The daughter of an Ammonite convert is enabled, the daughter of an Ammonite woman convert is disabled. Rebbi Joḥanan told him: Babylonian, you crossed three rivers on your way and got lost! But both the daughter of an Ammonite convert and the daughter of an Ammonite woman convert are enabled. Rebbi Yosa in the name of Rebbi Joḥanan: The statement is needed only if her mother was from Israel. That you should not say, since her mother was desecrated, so the daughter is desecrated. Rebbi Abbahu in the name of Rebbi Joḥanan, she is enabled even for the High Priest. What is the reason? “In his peoples”. A people divided into two peoples, the males are forbidden but their females permitted. Rebbi Ḥaggai in the name of Rebbi Pedat: Rebbi Simeon ben Laqish did not say so, but the daughter of an Ammonite convert is disabled since she comes from a disabled drop. Rebbi Joḥanan said, we have stated thus: Of Gentiles married unconverted, the males are permanently forbidden but their females are immediately permitted. If they converted, the males are permanently forbidden but their females are permitted after three generations. Rebbi Ḥizqiah in the name of [Rebbi] Aḥa: A baraita states this: From where can you say that if one of any of the families of the earth cohabited with a Canaanite woman and she gave birth to a son, that you may buy him as a slave? The verse says, “whom they will father in your land,” not from those who dwell in your land.

Rebbi Zakkai stated before Rebbi Joḥanan: The daughter of an Ammonite convert is enabled, the daughter of an Ammonite woman convert is disabled. Rebbi Joḥanan told him: Babylonian, you crossed three rivers on your way and got lost! But both the daughter of an Ammonite convert and the daughter of an Ammonite woman convert are enabled. Rebbi Yosa in the name of Rebbi Joḥanan: The statement is needed only if her mother was from Israel. That you should not say, since her mother was desecrated, so the daughter is desecrated. Rebbi Abbahu in the name of Rebbi Joḥanan, she is enabled even for the High Priest. What is the reason? “In his peoples”. A people divided into two peoples, the males are forbidden but their females permitted. Rebbi Ḥaggai in the name of Rebbi Pedat: Rebbi Simeon ben Laqish did not say so, but the daughter of an Ammonite convert is disabled since she comes from a disabled drop. Rebbi Joḥanan said, we have stated thus: Of Gentiles married unconverted, the males are permanently forbidden but their females are immediately permitted. If they converted, the males are permanently forbidden but their females are permitted after three generations. Rebbi Ḥizqiah in the name of [Rebbi] Aḥa: A baraita states this: From where can you say that if one of any of the families of the earth cohabited with a Canaanite woman and she gave birth to a son, that you may buy him as a slave? The verse says, “whom they will father in your land,” not from those who dwell in your land.

Rebbi Yasa in the name of Rebbi Joḥanan: In the future, the Holy One, praise to Him, will only deal with the tribe of Levi. What is the reason? “ The refiner will sit, the purifier of silver, and will refine them,” etc. Rebbi Ze‘ira said, like a man who only drinks from a clean cup. Rav Hoshaia said, because we are Levites, should we lose? Rebbi Ḥanina the son of Rebbi Abbahu said, also in the future, the Holy One, praise to Him, will deal with them charitably. What is the reason? “ They will be for the Eternal presenters of an offering in charity.”

Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.

Rebbi Joḥanan said, one does not investigate a family in which a family disqualification has disappeared. Rebbi Simeon ben Laqish said, a Mishnah says so: “There was a family in Bet Ṣerifa in Transjordan who was forcibly distanced by Ben Ṣion. Another [family] was there who was forcibly integrated by Ben Ṣion.” Nevertheless, the Sages did not want to make their names public. But the Sages transmit them to their sons and students two times in a Week. Rebbi Joḥanan said, by the Temple service, I know them and the leading personalities of the generation have disappeared in them. Rebbi Joshua ben Levi said, Pashḥur ben Immer the priest had 5000 slaves, and their traces have disappeared in the high priesthood. These are the insolent in the priesthood. Rebbi Eleazar said, their main training: “Your people is like quarrelsome priests.” Rebbi Abbahu said, Samaritans disappeared in thirteen villages in the times of persecution. They said, the village of Moshhan is one of them.

HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”

HALAKHAH: “A congenital castrate priest,” etc. It was stated: He enables her to eat breast and thigh. Rebbi Joḥanan said, he enables her for heave but not for breast and thigh. Rebbi Simeon ben Laqish said, there are several arguments de minore ad majus in this matter. Rebbi Yose ben Rebbi Ḥanina asked, what means “there are several arguments de minore ad majus in this matter”? He said to him, open your mouth and receive. Rebbi Mana said, he made fun of him. Rebbi Abun said, he gave him an example. “Since she eats heave that never was within the reach of an Israel, is it not logical that she should eat breast and thigh that were within the reach of Israel? Breast and thigh were within the reach of Israel but when they became guilty these were taken from them and given to the priests. I could think, since these were taken from them when they incurred guilt, so they would be given back to them when they acquire merit. The verse says, ‘I gave them to Aaron and his sons for an eternal law;’ since a gift is not returned, so these are not returned.”

Rebbi Jacob bar Aḥa said the argument is about the daughter of an Israel married to a Cohen: Rebbi Joḥanan said, he enables her for heave but not for breast and thigh. Rebbi Simeon ben Laqish said, there are several arguments de minore ad majus in this matter. Rebbi Yose ben Rebbi Ḥanina asked, what means “there are several arguments de minore ad majus in this matter”? He said to him, open your mouth and receive. Rebbi Mana said, he made fun of him. Rebbi Abun said, he gave him an example. “Since she eats heave that never was within the reach of an Israel, is it not logical that she should eat breast and thigh that were within the reach of Israel? Breast and thigh were within the reach of Israel but when they became guilty these were taken from them and given to the priests. I could think, since these were taken from them when they incurred guilt, so they would be given back to them when they acquire merit. The verse says, ‘I gave them to Aaron the priest and his sons for an eternal law;’ since a gift is not returned, so these are not returned.”

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public, the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits, he testifies, his grain offering is burnt completely, one says grace with him as with a male.

Rebbi Jacob bar Aḥa said that Rebbi Ze‘ira and Rebbi Hila say that they differ about upkeep. Rebbi Joḥanan said, she may demand upkeep. Rebbi Eleazar said to him, one says to [him], divorce her! And you say so? They wanted to say so, they differ about the conditions attached to a Ketubah. Everybody agrees that she cannot claim support since they even punished her heirs, so much more herself. But for him who says that they differ about upkeep it follows that they do not differ about the conditions attached to a Ketubah. They fined her but not her heirs.

“A Levitic woman betrothed to a Cohen.” “Any pure person in your house may eat it,” but he is not in her house. “From a Cohen”, for the one born in his house; this one is not born in his house. “The one waiting for her Cohen levir,” “any pure person in your house may eat it,” but she is not in his house. “Similarly, the daughter of a Cohen [betrothed] to a Levite should eat neither heave nor tithe.” We understand that she should not eat heave. But tithe any way you take it, if she is a Cohen’s daughter she should eat, if she is a Levite’s wife she should eat. Rebbi Hila in the name of Rebbi Joḥanan: [It follows] him who says one does not give tithe to Cohanim. That means, he himself says one gives heave to Cohanim.

HALAKHAH: “A Cohen’s daughter married to an Israel,” etc. Rebbi Leontes asked before Rebbi Yose: One understands that a Cohen’s daughter who was married to an Israel returns to eat. But why does the daughter of an Israel married to a Cohen not eat when she should be enabled to eat? He said to him, so said Rebbi Ze‘ira, Rav Anan in the name of Rav: What means “a Cohen’s daughter”, one who is trained by a Cohen. As you say, “Babylon’s ransacked daughter,” was she the daughter of Babylon? But she behaved in Babylon’s way. Rebbi Yose ben Rebbi Abun in the name of Rav: Two daughters are mentioned in the paragraph. One returns and eats, the other returns but does not eat. A Cohen’s daughter who was married to an Israel returns to eat. A daughter of an Israel married to a Cohen returns but does not eat. Say also, if she was married to a qualified person, she returns and eats, to a disqualified person she returns but does not eat. Rav said, practice is that she returns to eat heave but not to eat breast and foreleg. Rebbi Joḥanan said, she eats breast and foreleg. Rebbi Ḥiyya stated a support for Rav: “of food,” not all the food. Rebbi Simeon ben Ioḥai stated a support for Rebbi Joḥanan: “of her father’s food she shall eat,” to include the loaves of the thanksgiving sacrifice and the cakes of the nazir.

HALAKHAH: “A Cohen’s daughter married to an Israel,” etc. Rebbi Leontes asked before Rebbi Yose: One understands that a Cohen’s daughter who was married to an Israel returns to eat. But why does the daughter of an Israel married to a Cohen not eat when she should be enabled to eat? He said to him, so said Rebbi Ze‘ira, Rav Anan in the name of Rav: What means “a Cohen’s daughter”, one who is trained by a Cohen. As you say, “Babylon’s ransacked daughter,” was she the daughter of Babylon? But she behaved in Babylon’s way. Rebbi Yose ben Rebbi Abun in the name of Rav: Two daughters are mentioned in the paragraph. One returns and eats, the other returns but does not eat. A Cohen’s daughter who was married to an Israel returns to eat. A daughter of an Israel married to a Cohen returns but does not eat. Say also, if she was married to a qualified person, she returns and eats, to a disqualified person she returns but does not eat. Rav said, practice is that she returns to eat heave but not to eat breast and foreleg. Rebbi Joḥanan said, she eats breast and foreleg. Rebbi Ḥiyya stated a support for Rav: “of food,” not all the food. Rebbi Simeon ben Ioḥai stated a support for Rebbi Joḥanan: “of her father’s food she shall eat,” to include the loaves of the thanksgiving sacrifice and the cakes of the nazir.

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.

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister and his brother’s wife (not like the co-wife of a woman accused of infidelity? That implies that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother.) But following the rabbis here? Rebbi Ḥiyya said in the name of Rebbi Joḥanan, everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. He married a person forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥananiah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted in her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister and his brother’s wife (not like the co-wife of a woman accused of infidelity? That implies that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother.) But following the rabbis here? Rebbi Ḥiyya said in the name of Rebbi Joḥanan, everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. He married a person forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥananiah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted in her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister and his brother’s wife (not like the co-wife of a woman accused of infidelity? That implies that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother.) But following the rabbis here? Rebbi Ḥiyya said in the name of Rebbi Joḥanan, everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. He married a person forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥananiah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted in her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister and his brother’s wife (not like the co-wife of a woman accused of infidelity? That implies that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother.) But following the rabbis here? Rebbi Ḥiyya said in the name of Rebbi Joḥanan, everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. He married a person forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥananiah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted in her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

“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.

Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one dead [husband] is married in levirate, not the wife of two dead. Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, “any one who cannot marry me in levirate, cannot marry my co-wife in levirate.” Rebbi Joḥanan said, Rebbi Eleazar formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “If [a male] nine years and one day old copulated with his sister-in-law and after he became an adult married another woman and died, if he never had intercourse with the first after he became an adult, the second [wife] either performs ḥalîṣah or levirate, the first performs ḥalîṣah but not levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis.

“A wooden sandal.” The colleagues in the name of Rav: If only the edges are wooden. Rebbi Abba in the name of Rav: If only the bottom of the sole is wooden. There, they say in the name of Rav: If only the loops are wooden. Rebbi Hila in the name of Rebbi Joḥanan: Even if it is entirely of wood it is valid. A baraita supports Rebbi Joḥanan: “ A straw sandal becomes impure by being stepped on and a woman may use it for ḥalîṣah, the words of Rebbi Aqiba, but the Sages do not agree about impurity by being stepped on.”

“A wooden sandal.” The colleagues in the name of Rav: If only the edges are wooden. Rebbi Abba in the name of Rav: If only the bottom of the sole is wooden. There, they say in the name of Rav: If only the loops are wooden. Rebbi Hila in the name of Rebbi Joḥanan: Even if it is entirely of wood it is valid. A baraita supports Rebbi Joḥanan: “ A straw sandal becomes impure by being stepped on and a woman may use it for ḥalîṣah, the words of Rebbi Aqiba, but the Sages do not agree about impurity by being stepped on.”

What is the reason of Rebbi Eliezer? “Before the Elders’ eyes.” How do the rabbis uphold “before the Elders’ eyes”? That excludes a court of blind people. Rebbi Joḥanan said, the argument of Rebbi Eliezer seems to be inverted. There, he says that the right hand is obligatory, but here, he says that the right hand is not obligatory. Rebbi Yose said, there it is written “the right hand”, the right hand is obl;igatory, but here, where “the right hand” is not written, the right hand is notobligatory. Rebbi Yose from Sidon stated before Rebbi Jeremiah: “His ear”, “his ear”. Since “his ear” mentioned there refers to the right ear, so “his ear” mentioned here means the right ear. It also says “his foot”, “his foot”. He who infers from “his ear”, “his ear” infers from “his foot”, “his foot”; he who does not infer from “his ear”, “his ear” does not infer from “his foot”, “his foot”. But it was stated in the name of Rebbi Eliezer: “his foot”, “his foot”. That means, there are two statements about the words of Rebbi Eliezer. He who argues from “his ear”, “his ear” argues from “his foot”, “his foot”; he who does not argue from “his ear”, “his ear” does not argue from “his foot”. And this Mishnah accepts neither “his ear”, “his ear” nor “his foot”, “his foot”.

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.

There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who speaks but does not hear is ḥereš, one who hears but does not speak isḥereš. But we have stated: “Ḥalîṣah is invalid if performed for a ḥereš man, or by a ḥereš woman, or for an underage male.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A ḥereš mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said that the principles of Rebbi are no principles.

MISHNAH: If she performed ḥalîṣah in front of two [judges] or of three when it turned out that one was a relative or unfit, the ḥalîṣah is invalid; Rebbi Simeon and Rebbi Joḥanan the Alexandrian declare it valid. If happened that she performed ḥalîṣah between herself and him in jail; the case came before Rebbi Aqiba and he declared it valid.

HALAKHAH: “If she performed ḥalîṣah in front of two,” etc. The case happened in a jail and was resolved in a jail. Rebbi Joḥanan the Alexandrian dressed up as a pedlar. One day, he passed in front of the place of confinement of Rebbi Aqiba, he cried aloud and said, “who needs needles, who needs hooks, what is if she performed ḥalîṣah between herself and him?” Rebbi Aqiba pushed himself tightly to the hole and said: “Do you have spindles? You have valid!”

Rebbi Joḥanan asked, in the case of a sister in law, who runs after whom? Rebbi Eleazar answered: “His sister-in-law shall come to the gate.” When Rebbi Joḥanan heard this, he said, Rebbi Eleazar taught us correctly.

Rebbi Joḥanan asked, in the case of a sister in law, who runs after whom? Rebbi Eleazar answered: “His sister-in-law shall come to the gate.” When Rebbi Joḥanan heard this, he said, Rebbi Eleazar taught us correctly.

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.”