secondarily

And God hath set some in the church, first apostles, secondarily prophets, thirdly teachers, after that miracles, then gifts of healings, helps, governments, diversities of tongues.

Do the House of Shammai hold that “hands” are for profane food? Explain it either following Rebbi Simeon ben Eleazar or following Rebbi Eleazar, son of Rebbi Ẓadoq. Following Rebbi Simeon ben Eleazar as it has been stated: “Rebbi Simeon ben Eleazar said in the name of Rebbi Meïr, hands are primarily impure for profane food and secondarily for terumah.” Or following Rebbi Eleazar, son of Rebbi Ẓadoq, as we have stated there: “Profane food that was prepared under the rules of purity of sacrifices is still profane food. Rebbi Eleazar, the son of Rebbi Ẓadoq said, it is like terumah becoming impure in two stages and unusable in a third.”

“Rebbi Yose stated, from where that the fourth degree is disqualified in sanctified food? It is an argument. Since one who lacks expiation is not disqualified for heave but disqualified for sanctified food, it is only logical that third degree [impurity] which is disabled for heave should disqualify for sanctified food. That means, we learned third degree from a verse and fourth degree from an argument de minore ad majus.” Rebbi Joḥanan objected: Food that was touched by a Tevul Yom is a counter-example, because he disqualifies in the case of heave but does not disqualify in the case of sanctified food. Rebbi Ḥananiah in the name of Rebbi Joḥanan: Rebbi Yose argues the method of his teacher Rebbi Aqiba. Just as Rebbi Aqiba says impure, impure by the words of the Torah, so Rebbi Yose says it will be impure, it makes impure by the words of the Torah. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: Rebbi Yose does not need that argument de minore ad majus. Rebbi Yose explains the verse: Any meat which would touch, that is second degree food because it touched primary impurity; anything impure, that is third degree food because it touched second degree impurity; shall not be eaten, the endstage of impurity may not be eaten. So far about solid food that became impure in the air space of a clay vessel which had become impure by a reptile. What about solid food that became impure directly from a reptile? Is that not an argument? Since vessels, which cannot become impure in the air space of a clay vessel that became impure by a reptile, become impure by contact with a reptile to defile solid food, is it not logical that solid food itself which became impure by a reptile should become impure by contact with a reptile to defile solid food. So far, following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: Any meat which would touch anything impure, that is first degree food which touched any impurity, shall not be eaten, to add a second degree of impurity. The third degree from where? It is an argument. Since a tevul yom who is not disqualified for profane food disqualifies heave, it is only logical that a person secondarily impure, who disables profane food should disable heave. The fourth degree for sacrifices from where? It is an argument. Since one who lacks expiation who does not disable heave disables sanctified food, it is only logical that third degree [impurity] which disqualifies heave should disable sanctified food. That means, we learned first and second degrees from a verse, the third from an argument and the fourth from an argument de minore ad majus. Can one pile argument on argument? Everything is subject to practice, i. e., that third degree disables heave and fourth degree disables sacrifices.

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

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

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

HALAKHAH: “Secondary prohibitions instituted by the Sopherim,” etc. “If she is secondarily, rabbinically, prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir.” Does she have Ketubah from the levir? Since she is permitted to him, she has Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was forbidden to him, does she have no Ketubah?

“If she is secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband.” Does she have Ketubah from the levir? Since she is forbidden to him, she does not have Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was permitted to him, does she have Ketubah?

Rebbi Abun asked before Rebbi Mana: May the slaves of a secondarily forbidden [wife] eat heave? He said to him, be quiet, it is better for you. She eats but her slaves do not eat.

There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. And Samuel said, publicize in your towns: It is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay Ketubah”! We heard that he shall divorce; did we hear that one forces him?

MISHNAH: On the same day, Rebbi Aqiba explained: “Any clay vessel into which some of them would fall, all inside shall become impure.” It does not say “is impure” but “shall become impure”; this teaches about the secondarily impure loaf that it defiles the tertiary. Rebbi Joshua said, who would remove the dust from your eyes, Rabban Joḥanan ben Zakkai, since you were saying that a future generation would purify the tertiary loaf since there is nothing about it in the Torah, but behold, your student Aqiba supports it by a verse from the Torah, as it has been said, “everything inside shall become impure.”

A Mishnah supports Rav: “Profane food which is impure primarily is impure and defiles, secondarily it invalidates but does not defile, but the tertiary can be eaten in heave broth.” This implies that it is forbidden to turn it into heave. And it is said after that: “Heave which is impure primarily or secondarily is impure and defiles, tertiarily impure it invalidates but does not defile, but the fourth degree can be eaten in sacrificial broth.” If you say that it is forbidden to turn it into sacrificial food, you would find that Rav’s statements are contradictory since Rebbi Abba said in the name of Rav: The tertiary comes because of the reptile but the fourth degree can be turned into sacrificial food, because they spoke about fourth degree [of impurity] for sacrifices only for dedicated sacrifices of the Temple! Rebbi Ḥuna said, are we not talking about heave? But it is forbidden to turn heave into sacrificial food in order to avoid accidents! And it was said after that: “Sacrifices which are impure primarily, secondarily, or tertiarily are impure and defile, impurity in the fourth degree invalidates but does not defile, but the fifth degree can be eaten in sacrificial broth.” If you say, it is forbidden to turn it into sacrificial food, is there any impurity of the fifth degree in sacrifices? But you say there is not. So here also, there is not.

A Mishnah supports Rav: “Profane food which is impure primarily is impure and defiles, secondarily it invalidates but does not defile, but the tertiary can be eaten in heave broth.” This implies that it is forbidden to turn it into heave. And it is said after that: “Heave which is impure primarily or secondarily is impure and defiles, tertiarily impure it invalidates but does not defile, but the fourth degree can be eaten in sacrificial broth.” If you say that it is forbidden to turn it into sacrificial food, you would find that Rav’s statements are contradictory since Rebbi Abba said in the name of Rav: The tertiary comes because of the reptile but the fourth degree can be turned into sacrificial food, because they spoke about fourth degree [of impurity] for sacrifices only for dedicated sacrifices of the Temple! Rebbi Ḥuna said, are we not talking about heave? But it is forbidden to turn heave into sacrificial food in order to avoid accidents! And it was said after that: “Sacrifices which are impure primarily, secondarily, or tertiarily are impure and defile, impurity in the fourth degree invalidates but does not defile, but the fifth degree can be eaten in sacrificial broth.” If you say, it is forbidden to turn it into sacrificial food, is there any impurity of the fifth degree in sacrifices? But you say there is not. So here also, there is not.

A Mishnah supports Rav: “Profane food which is impure primarily is impure and defiles, secondarily it invalidates but does not defile, but the tertiary can be eaten in heave broth.” This implies that it is forbidden to turn it into heave. And it is said after that: “Heave which is impure primarily or secondarily is impure and defiles, tertiarily impure it invalidates but does not defile, but the fourth degree can be eaten in sacrificial broth.” If you say that it is forbidden to turn it into sacrificial food, you would find that Rav’s statements are contradictory since Rebbi Abba said in the name of Rav: The tertiary comes because of the reptile but the fourth degree can be turned into sacrificial food, because they spoke about fourth degree [of impurity] for sacrifices only for dedicated sacrifices of the Temple! Rebbi Ḥuna said, are we not talking about heave? But it is forbidden to turn heave into sacrificial food in order to avoid accidents! And it was said after that: “Sacrifices which are impure primarily, secondarily, or tertiarily are impure and defile, impurity in the fourth degree invalidates but does not defile, but the fifth degree can be eaten in sacrificial broth.” If you say, it is forbidden to turn it into sacrificial food, is there any impurity of the fifth degree in sacrifices? But you say there is not. So here also, there is not.

Rebbi Abbahu in the name of Rebbi Mana: Why did they say that secondarily impure profane food defiles profane fluids? Because of the hands. Since hands, [whose impurity] is rabbinical, defile profane fluids, secondarily impure food, [whose impurity] is biblical, not so much more? Also, since hands, in a case of doubt whether they defiled, impart impurity, so also secondarily impure fluids, in a case of doubt whether they defiled, impart impurity. Rebbi Ḥanina objected before Rebbi Mana: Look, if somebody eats secondarily impure food and drinks secondarily impure fluids, in a case of doubt whether they defiled, they impart impurity. But secondarily impure foods by biblical standards, in a case of doubt whether they defiled, leave it pure! Rebbi Ḥanina said before Rebbi Mana: Do we not deal with heave? He said to him, even if you say that we deal with heave; is the one who argues “is impure”, “shall become impure” as word of the Torah not Rebbi Aqiba?

Rebbi Abbahu in the name of Rebbi Mana: Why did they say that secondarily impure profane food defiles profane fluids? Because of the hands. Since hands, [whose impurity] is rabbinical, defile profane fluids, secondarily impure food, [whose impurity] is biblical, not so much more? Also, since hands, in a case of doubt whether they defiled, impart impurity, so also secondarily impure fluids, in a case of doubt whether they defiled, impart impurity. Rebbi Ḥanina objected before Rebbi Mana: Look, if somebody eats secondarily impure food and drinks secondarily impure fluids, in a case of doubt whether they defiled, they impart impurity. But secondarily impure foods by biblical standards, in a case of doubt whether they defiled, leave it pure! Rebbi Ḥanina said before Rebbi Mana: Do we not deal with heave? He said to him, even if you say that we deal with heave; is the one who argues “is impure”, “shall become impure” as word of the Torah not Rebbi Aqiba?

Rebbi Abbahu in the name of Rebbi Mana: Why did they say that secondarily impure profane food defiles profane fluids? Because of the hands. Since hands, [whose impurity] is rabbinical, defile profane fluids, secondarily impure food, [whose impurity] is biblical, not so much more? Also, since hands, in a case of doubt whether they defiled, impart impurity, so also secondarily impure fluids, in a case of doubt whether they defiled, impart impurity. Rebbi Ḥanina objected before Rebbi Mana: Look, if somebody eats secondarily impure food and drinks secondarily impure fluids, in a case of doubt whether they defiled, they impart impurity. But secondarily impure foods by biblical standards, in a case of doubt whether they defiled, leave it pure! Rebbi Ḥanina said before Rebbi Mana: Do we not deal with heave? He said to him, even if you say that we deal with heave; is the one who argues “is impure”, “shall become impure” as word of the Torah not Rebbi Aqiba?

Rebbi Abbahu in the name of Rebbi Mana: Why did they say that secondarily impure profane food defiles profane fluids? Because of the hands. Since hands, [whose impurity] is rabbinical, defile profane fluids, secondarily impure food, [whose impurity] is biblical, not so much more? Also, since hands, in a case of doubt whether they defiled, impart impurity, so also secondarily impure fluids, in a case of doubt whether they defiled, impart impurity. Rebbi Ḥanina objected before Rebbi Mana: Look, if somebody eats secondarily impure food and drinks secondarily impure fluids, in a case of doubt whether they defiled, they impart impurity. But secondarily impure foods by biblical standards, in a case of doubt whether they defiled, leave it pure! Rebbi Ḥanina said before Rebbi Mana: Do we not deal with heave? He said to him, even if you say that we deal with heave; is the one who argues “is impure”, “shall become impure” as word of the Torah not Rebbi Aqiba?

Rebbi Abbahu in the name of Rebbi Mana: Why did they say that secondarily impure profane food defiles profane fluids? Because of the hands. Since hands, [whose impurity] is rabbinical, defile profane fluids, secondarily impure food, [whose impurity] is biblical, not so much more? Also, since hands, in a case of doubt whether they defiled, impart impurity, so also secondarily impure fluids, in a case of doubt whether they defiled, impart impurity. Rebbi Ḥanina objected before Rebbi Mana: Look, if somebody eats secondarily impure food and drinks secondarily impure fluids, in a case of doubt whether they defiled, they impart impurity. But secondarily impure foods by biblical standards, in a case of doubt whether they defiled, leave it pure! Rebbi Ḥanina said before Rebbi Mana: Do we not deal with heave? He said to him, even if you say that we deal with heave; is the one who argues “is impure”, “shall become impure” as word of the Torah not Rebbi Aqiba?

Rebbi Abbahu in the name of Rebbi Mana: Why did they say that secondarily impure profane food defiles profane fluids? Because of the hands. Since hands, [whose impurity] is rabbinical, defile profane fluids, secondarily impure food, [whose impurity] is biblical, not so much more? Also, since hands, in a case of doubt whether they defiled, impart impurity, so also secondarily impure fluids, in a case of doubt whether they defiled, impart impurity. Rebbi Ḥanina objected before Rebbi Mana: Look, if somebody eats secondarily impure food and drinks secondarily impure fluids, in a case of doubt whether they defiled, they impart impurity. But secondarily impure foods by biblical standards, in a case of doubt whether they defiled, leave it pure! Rebbi Ḥanina said before Rebbi Mana: Do we not deal with heave? He said to him, even if you say that we deal with heave; is the one who argues “is impure”, “shall become impure” as word of the Torah not Rebbi Aqiba?

So far about solid food that became impure in the air space of a clay vessel which had become impure by a reptile. What about solid food that became impure directly from a reptile? Is that not an argument? Since vessels, which cannot become impure in the air space of a clay vessel that became impure by a reptile, become impure by contact with a reptile to defile solid food, [is it not logical that solid food, which becomes impure in the air space of a clay vessel that became impure by a reptile, should become impure by contact with a reptile to defile solid food.] So far, following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael stated: “Any meat which would touch anything impure”, that is first degree food which touched any impurity, “shall not be eaten”, to add a second degree of impurity. The third degree from where? It is an argument. Since a ṭevul yom who is not disabled for profane food disables heave, it is only logical that a person secondarily impure, who disables profane food should disable heave. The fourth degree for sacrifices from where? It is an argument. Since one who lacks expiation who does not disable heave disables sanctified food, it is only logical that third degree [impurity] which disables heave should disable sanctified food. That means, we learned first and second degrees from a verse, the third from an argument and the fourth from an argument de minore ad majus. Can one pile argument on argument? Everything is subject to practice, i. e., that third degree disables heave and fourth degree disables sacrifices.

Rebbi Ḥanin stated in the name of Rebbi Samuel: Both for women about whom they said that they have ketubah as also those about whom they said they leave without ketubah, as the minor, the secondarily prohibited, and the she-ram, did they speak about a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses, but she takes her existing rags. But the one who leaves because of a bad reputation loses everything. Can she take her paraphernalia? Rebbi Ze‘ira said, she takes. Rebbi Hila said, she does not take. Rebbi Hila, Rebbi Yasa, Rebbi Abba bar Cohen mention it in the name of Rebbi Ḥanina ben Gamliel: Both women about whom they said that they leave without ketubah, did they speak about the ketubah of a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses. Rebbi Simon said, Rebbi Joḥanan: All the Mishnaiot are connected to this baraita. Rebbi Mana said before Rebbi Yasa: About which baraita? Of Rebbi Ḥanin from Samuel? He said to him, it is everybody’s opinion. And Rebbi Ḥiyya formulated so: “Women who infringe upon the law lose everything.

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

HALAKHAH: “Neither the orphan girl, nor the secondarily prohibited, nor the she-ram,” etc. One understands the secondarily prohibited and the she-ram. The orphan? Does an orphan not have ketubah? Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi J̣oḥanan: Explain it for an orphan who repudiated. Rebbi Ayvo bar Naggari, Rebbi Immi: Just as they fined her, so they fined him. In which respect? That if he preliminarily married her by [giving her] a pound of gold, he loses it all.

HALAKHAH: “Neither the orphan girl, nor the secondarily prohibited, nor the she-ram,” etc. One understands the secondarily prohibited and the she-ram. The orphan? Does an orphan not have ketubah? Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi J̣oḥanan: Explain it for an orphan who repudiated. Rebbi Ayvo bar Naggari, Rebbi Immi: Just as they fined her, so they fined him. In which respect? That if he preliminarily married her by [giving her] a pound of gold, he loses it all.

Rebbi Reuben asked before Rebbi Mana: May the slaves of a secondarily forbidden [wife] eat heave? He said to him, be quiet, it is better for you. She eats but her slaves do not eat.

There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay ketubah”! We heard that he shall divorce; did we hear that one forces him?

HALAKHAH: “That is how the punctilious in Jerusalem used to write. A forced bill of divorce among Jews is valid, from Gentiles it is invalid”. Samuel said, it is invalid and disqualifies from the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalȋṣah in the case of a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him for up to 30 days shall appoint a caretaker; after 30 days he shall divorce her and pay ketubah”! We heard that he shall divorce; did we hear that one forces him?