underage

(Num. 18:28) “you” excludes partners, “you” excludes guardians, “you” excludes one who gives heave from what is not his. Did we not state (Terumot 3:3): “Partners who gave heave one after the other?” But one must be for Great Heave, the other for heave of the tithe. Did we not infer the laws of the Great Heave from heave of the tithe? But one is for practice, the other for action. “You’ excludes guardians; but did we not state: “Orphans dependent on a home owner, or for whom the father had appointed a guardian, must tithe their produce.” The colleagues say, here for a permanent guardian, there for a temporary guardian. Rebbi Yose asked, does that apply to: “he may sell movables to feed them but not real estate?” But here one deals with an adult orphan, there with an underage orphan.

There, we have stated: “Rebbi Aqiba said, I asked Rebbi Eliezer: If somebody performs many works on many Sabbaths all of the same category in one period of oblivion, what? Is he liable once for all of them or for each single one separately? He told him, he is liable for each occurrence separately by an argument de minore ad majus. Since for the menstruating woman, which does not entail many ramifications nor many purification sacrifices, he is liable for each single occurrence, for the Sabbath which has many ramifications and many purification sacrifices it is only logical that he be liable for each single occurrence. I told him, no. If you mention the menstruating woman where there are two warnings, for he is warned about a menstruating woman and the menstruating woman is warned about him, what can you say about the Sabbath where there is only one warning? He said to me, one who has intercourse with an underage girl shall prove it, where there is only one warning, but he is liable for each single occurrence. I told him, no. If you mention the underage girl who even though there is no warning now there will be one in the future, what can you say about the Sabbath where there is only one [warning] whether now or in the future. He told me, one having intercourse with an animal shall prove it. I said to him, the animal is like the Sabbath.

There, we have stated: “Rebbi Aqiba said, I asked Rebbi Eliezer: If somebody performs many works on many Sabbaths all of the same category in one period of oblivion, what? Is he liable once for all of them or for each single one separately? He told him, he is liable for each occurrence separately by an argument de minore ad majus. Since for the menstruating woman, which does not entail many ramifications nor many purification sacrifices, he is liable for each single occurrence, for the Sabbath which has many ramifications and many purification sacrifices it is only logical that he be liable for each single occurrence. I told him, no. If you mention the menstruating woman where there are two warnings, for he is warned about a menstruating woman and the menstruating woman is warned about him, what can you say about the Sabbath where there is only one warning? He said to me, one who has intercourse with an underage girl shall prove it, where there is only one warning, but he is liable for each single occurrence. I told him, no. If you mention the underage girl who even though there is no warning now there will be one in the future, what can you say about the Sabbath where there is only one [warning] whether now or in the future. He told me, one having intercourse with an animal shall prove it. I said to him, the animal is like the Sabbath.

One understands Sabbath since weekdays come in the meantime. What may you say about the menstruating woman? Rebbi Simeon ben Laqish said, explain it about an underage menstruating woman where days of purity came in the meantime. Rebbi Eleazar ben Rebbi Simeon says, so did he ask him: If he came to one menstruating woman five times in one period of oblivion, what? Is he liable once for all of them or for each single one? He answered him, he is liable for each single one. Rebbi Aḥa in the name of Rebbi Yose ben Ḥanina, it is [not] so. Rebbi Mana asked the following: Did not Rebbi Samuel, Rebbi Abbahu say in the name of Rebbi Yose ben Ḥanina: This entire Halakhah follows Rebbi Eliezer, but following the rabbis he is liable only once? Then here also he should be liable only once. Rebbi Yose said, I confirmed this following what Rebbi Aḥa said in the name of Rebbi Yose ben Ḥanina, it is not so. Like the rabbis of Caesarea in the name of Rebbi Nisa: This entire Halakhah follows Rebbi Eliezer, and all that is derived from it as all practice follows Rebbi Eliezer.

A caravan is no less than three people. The Gentile does not complement a caravan. Does an underage person complement a caravan? How is this? If there were two and they established one eruv, and a Gentile came and added; the Sabbath already had started in prohibition. If there were three but they established two eruvim and a Gentile came and opened; the Sabbath already had started in permission. Rebbi Redifa said that Rebbi Nisa asked, may they have three ox heads so that each of them may enter the two se’ah of another?

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Where do we hold? If she is an adult, she becomes free by the signs [of puberty]. If she is underage, may an underage person transfer rights? Rebbi Yudan bar Shalom said before Rebbi Yose: Explain it following him who said that a minor may give heave. He answered him, but even according to him who says that a minor cannot give heave, the minor can acquire rights. This is acceptable following the opinion of the rabbis there. There, they are saying in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what one finds in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what one robs from him is robbery because of the ways of peace; a nut or a pebble and he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift, since it is written, if a man give, a man’s gift is a gift, the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan, Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: Robbing from him is never clear robbery unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan: That which you say is to make one pay by a law suit; but to have to bring a sacrifice for a [false] oath everybody agrees only after he grew two pubic hairs. But following to the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written to his neighbor, only if he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac: They came to it by the rules of school children as we have stated: “School children’s buying is buying and their selling is selling, for movables.” But did we not state: “But he cannot transfer rights through his minor son or daughter or his Canaanite male or female slave because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

HALAKHAH: “A woman living in her husband’s house,” etc. Rebbi Joḥanan said, for the four who are missing atonement others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, the woman after childbirth and one [healed from] skin disease, since a father may dedicate for his small son who is lying in a crib. One understands man or woman [healed from] genital discharges or [healed from] skin disease, but a woman after childbirth? May a minor give birth? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rav Ḥuna: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter. Since he married her off, she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since Rebbi Zeˋira, Rebbi Yosa said in the name of Rebbi Joḥanan : An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written: The woman shall say: Amen, amen. Rebbi Abun said, since it is written: You shall enjoy together with your house.

HALAKHAH: “A woman living in her husband’s house,” etc. Rebbi Joḥanan said, for the four who are missing atonement others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, the woman after childbirth and one [healed from] skin disease, since a father may dedicate for his small son who is lying in a crib. One understands man or woman [healed from] genital discharges or [healed from] skin disease, but a woman after childbirth? May a minor give birth? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rav Ḥuna: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter. Since he married her off, she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since Rebbi Zeˋira, Rebbi Yosa said in the name of Rebbi Joḥanan : An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written: The woman shall say: Amen, amen. Rebbi Abun said, since it is written: You shall enjoy together with your house.

“An orphan for whom guardians slaughtered may eat where he desires.” The Mishnah refers to an underage orphan. But an adult orphan is like one who subscribed to two Pesaḥim; as Rebbi Ḥiyya stated, one who subscribed to two Pesaḥim eats from the one which was slaughtered first. Rebbi Yose says, the Mishnah says so, “if he slaughtered a kid goat and a lamb, one eats from the first.”

MISHNAH: Everybody is qualified to read the Scroll except the deaf-and-dumb, the insane, and the underage. Rebbi Jehudah qualifies the underage. One does nor read the scroll, nor circumcises, nor immerses, nor sprinkles, nor may the woman observing a day for a day immerse herself, before sunrise. But all who did it after dawn are qualified.

MISHNAH: Everybody is qualified to read the Scroll except the deaf-and-dumb, the insane, and the underage. Rebbi Jehudah qualifies the underage. One does nor read the scroll, nor circumcises, nor immerses, nor sprinkles, nor may the woman observing a day for a day immerse herself, before sunrise. But all who did it after dawn are qualified.

HALAKHAH: “Everybody is qualified to read the Scroll except the deaf-and-dumb, the insane, and the underage.” Rav Mattanah said: That formulation is Rebbi Yose’s. Rebbi Yose said: We could be of the opinion that the rabbis and Rebbi Yose disagree only about Shema` since there it is written: hear!, but not about any other obligations. Since Rav Mattanah said “that formulation is Rebbi Yose’s”, it is the same for all obligations. What is the reason of Rebbi Yose? Bend your ear to His commandments, your ears should hear what your mouth says. Rav Ḥisda said: The deaf and dumb person is not mentioned, it is a formula. Rebbi Yose said: It is reasonable to think that Rav Ḥisda concedes that the statement from Terumot is from Rebbi Yose. Rabbi Ḥanania came in the name of Rav Ḥisda, this one is by Rebbi Yose. Rebbi Yose bar Rebbi Abun said: It must be said that that one is Rebbi Yose’s since we have stated the first five cases and did not include it, because their heave is no heave. Then we have stated the five later ones and did not include it. So in the end you must say, that one is by Rebbi Yose.

“Rebbi Jehudah qualifies the underage.” “Rebbi Jehudah said, I was a minor and read it in front of Rebbi Tarphon at Lydda. They said to him, you were a minor and there is no testimony from minors. Rebbi said, it happened and I read it in the presence of Rebbi Jehudah at Usha. They said to him, that is no proof since he is the one who permits it.” From then on the public used to read it in the synagogue. Bar Qappara said, one has to read it in front of women and children because they also were in the doubt. Rebbi Joshua ben Levi acted thus; he assembled his sons and the people of his house and read it in front of them.

The deaf-mute. The colleagues in the name of Rebbi Eleazar: So they should hear and learn. So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi Ila in the name of Rebbi Eleazar: 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 and does not 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 is [not] ḥereš. But we have stated: “Ḥaliṣah is invalid if performed for a ḥereš man, or by a ḥereš woman, or by a woman for an underage male.” And Rebbi Joḥanan said, because they cannot say he shall say, 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.

So far if she knows that she is a married woman. What if she did not know that she was a married woman? Let us hear from the following: An underage girl who was married off by her father. She was divorced and went and married on her own. About this 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. Is there a difference? There, whether she knows or does not know, here also whether she knows or does not know.

Rebbi Eleazar said, in some cases they said that her ḥalîṣah is invalid and if he wants to go back he may go back. And in some cases they said that her ḥalîṣah is valid and if he wants to go back he may not go back. [If a woman] performed ḥalîṣah with felt slippers or for an underage boy, her ḥalîṣah is invalid and if he wants to go back he cannot go back. If she performed ḥalîṣah with a slipper, some Tannaim state that the ḥalîṣah is valid and some Tannaim state that the ḥalîṣah is invalid. He who says that the ḥalîṣah is valid, with a leather slipper; he who says that the ḥalîṣah is invalid, with a textile slipper. A shoe in a slipper, some Tannaim state that the ḥalîṣah is valid and some Tannaim state that the ḥalîṣah is invalid. For him who holds that the ḥalîṣah is valid, the slipper is textile but the shoe leather. For him who holds that the ḥalîṣah is invalid, the slipper is leather but the shoe textile. Some Tannaim state that one may wear a slipper of the Day of Atonement and some Tannaim state that one may not wear a slipper. Rav Ḥisda said, For him who holds that one leaves the house [wearing a slipper,] a textile slipper, he who says that one may not leave the house [wearing a slipper,] a leather slipper.

MISHNAH: ḥalîṣah is invalid if performed for a deaf-mute man, or by a deaf-mute woman, or for an underage male. The underage woman who performed ḥalîṣah should repeat ḥalîṣah once she becomes of age but if she did not repeat it, the ḥalîṣah is valid.

MISHNAH: ḥalîṣah is invalid if performed for a deaf-mute man, or by a deaf-mute woman, or for an underage male. The underage woman who performed ḥalîṣah should repeat ḥalîṣah once she becomes of age but if she did not repeat it, the ḥalîṣah is valid.

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.

Rebbi Ismael ben Rebbi Yose asked before Rebbi: What is the difference between underage males and females? He said to him, “a man” is written in the paragraph. But about her, “his sister-in-law shall come before him,” in any case.

Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya came to it in the name of Rebbi Jonah: It is Rebbi Meїr’s who said that one does not perform ḥalîṣah or levirate with an underage girl because she might turn out to be a she-ram.

MISHNAH: The House of Shammai say, one makes only betrothed girls repudiate. The House of Hillel say, betrothed or married. The House of Shammai say, the husband, but the House of Hillel say, the husband or the levir. The House of Shammai say, in his presence, but the House of Hillel say, in his presence or in his absence. The House of Shammai say, in a court of law, but the House of Hillel say, in a court or outside a court. The House of Hillel said to the House of Shammai: An underage girl may repudiate even four or five times. The House of Shammai said to them: The daughters of Israel are not abandoned property! But she repudiates, waits until she is of age, or repudiates and is married.

HALAKHAH: “The House of Shammai say, one permits repudiation,” etc. There, we have stated: “Rebbi Jehudah bar Abba testified to five statements: That one makes underage girls repudiate, … ” Does one disagree with testimony? One disagrees about the essence of the testimony. So was the essence of the testimony: “The House of Shammai say, one makes only betrothed girls repudiate, but the House of Hillel say, betrothed or married”. It is difficult following the House of Hillel! Her marriage permitted her, he has the right to what she finds and earns, to dissolve her vows, and she is his wife in every respect. And you say so? They gave you of your own. By right, her marriage should not be a marriage. They said that her marriage is a marriage and they said that she may repudiate him and leave.

If she had been in a situation that she could not repudiate, may she go and repudiate? Let us hear from the following: An underage girl who was married off by her father but then was divorced, if she went and married by herself she nevertheless can repudiate.

MISHNAH: Which underage girl needs to repudiate? Anyone whom mother or brothers married off with her knowledge. If they married her off without her knowledge she does not have to repudiate. Rebbi Ḥanina ben Antigonos says, any girl who is unable to watch over her marriage gift does not have to repudiate. Rebbi Eliezer says, in all legal respects, the underage girl is like one seduced: The daughter of an Israel married to a Cohen may not eat heave; the daughter of a Cohen married to an Israel may eat heave.

MISHNAH: Which underage girl needs to repudiate? Anyone whom mother or brothers married off with her knowledge. If they married her off without her knowledge she does not have to repudiate. Rebbi Ḥanina ben Antigonos says, any girl who is unable to watch over her marriage gift does not have to repudiate. Rebbi Eliezer says, in all legal respects, the underage girl is like one seduced: The daughter of an Israel married to a Cohen may not eat heave; the daughter of a Cohen married to an Israel may eat heave.

HALAKHAH: “Which underage girl needs to repudiate,” etc? What means “with her knowledge”? One makes for her a canopy, dresses her in jewelry and leads the man to her.

Do they disagree with Rebbi Ḥananiah ben Antigonos? From what Rebbi Joḥanan said, which is the underage girl that needs a bill of divorce? Anyone who is given her bill of divorce together with something else and she produces it after some time. This implies that they disagree with Rebbi Ḥananiah ben Antigonos.

Rebbi Eliezer says, the actions of an underage girl have no legal standing. He has no right to what she finds or earns, nor may he dissolve her vows; she is as if not his wife in any respect except that she needs repudiation from him. Rebbi Joshua said, he owns what she finds or earns, he may he dissolve her vows; she is his wife in all respects except that she needs a bill of divorce from him. Rebbi Ismael said, I looked around at all logical systems of Sages and did not find anybody who was consistent in the matter of an underage girl except Rebbi Eliezer, only that he requires repudiation from him.

Rebbi Eliezer says, the actions of an underage girl have no legal standing. He has no right to what she finds or earns, nor may he dissolve her vows; she is as if not his wife in any respect except that she needs repudiation from him. Rebbi Joshua said, he owns what she finds or earns, he may he dissolve her vows; she is his wife in all respects except that she needs a bill of divorce from him. Rebbi Ismael said, I looked around at all logical systems of Sages and did not find anybody who was consistent in the matter of an underage girl except Rebbi Eliezer, only that he requires repudiation from him.

MISHNAH: If somebody divorced his wife and later took her back, she is permitted to the levir but Rebbi Eliezer forbids her. Similarly, if somebody divorced an orphan girl and took her back, she is permitted to the levir but Rebbi Eliezer forbids her. If an underage girl who was married off by her father was divorced, she is like an orphan during her father’s lifetime. If she was taken back, she is prohibited to the levir. The Sages agree with Rebbi Eliezer in case he divorced her as a minor and took her back as a minor, since her divorce is a total divorce but her return was not complete. But if he divorced her as a minor and took her back as an adult or she became an adult while married to him, she is permitted to the levir.

HALAKHAH: “The Sages agree,” etc. What is Rebbi Eliezer’s reason? That she was forbidden to him for an hour. The Sages agree with Rebbi Eliezer about the underage girl who was married off by her father and divorced, that she is like an orphan during her father’s lifetime. Her betrothal and divorce were by biblical standards; her remarriage was not by biblical standards.

“Two brothers are married,” etc. Rebbi Yudan: One may ask what one asked there. Should he not perform ḥalîṣah for the acquired aspect in her and free her co-wife? So here, should he not perform ḥalîṣah for the acquired aspect in the underage girl and free her (co-wife) [sister]? Before you find Rebbi Eleazar difficult, you might find Rebbi Eliezer difficult! You cannot find this difficult for Rebbi Eliezer, since Rebbi Eliezer is a Shammaite and the House of Shammai say, one lets only the betrothed [women] repudiate?

MISHNAH: Two brothers are married to two underage orphan [sisters]. If the husband of one of them dies, the other one has to leave as wife’s sister. And so for two deaf-mute [sisters]. If one is adult and the other underage, if the husband of the underage girl died, she has to leave as wife’s sister. If the husband of the adult one died, Rebbi Eliezer said, one teaches the underage one to repudiate him. Rabban Gamliel says, if she repudiated, she repudiated; otherwise she should wait until she becomes of age and the other one has to leave as wife’s sister. Rebbi Joshua says, woe to him for his wife, woe to him for his brother’s wife! He has to send away his wife by a bill of divorce and his brother’s wife by ḥalîṣah.

MISHNAH: Two brothers are married to two underage orphan [sisters]. If the husband of one of them dies, the other one has to leave as wife’s sister. And so for two deaf-mute [sisters]. If one is adult and the other underage, if the husband of the underage girl died, she has to leave as wife’s sister. If the husband of the adult one died, Rebbi Eliezer said, one teaches the underage one to repudiate him. Rabban Gamliel says, if she repudiated, she repudiated; otherwise she should wait until she becomes of age and the other one has to leave as wife’s sister. Rebbi Joshua says, woe to him for his wife, woe to him for his brother’s wife! He has to send away his wife by a bill of divorce and his brother’s wife by ḥalîṣah.

MISHNAH: Two brothers are married to two underage orphan [sisters]. If the husband of one of them dies, the other one has to leave as wife’s sister. And so for two deaf-mute [sisters]. If one is adult and the other underage, if the husband of the underage girl died, she has to leave as wife’s sister. If the husband of the adult one died, Rebbi Eliezer said, one teaches the underage one to repudiate him. Rabban Gamliel says, if she repudiated, she repudiated; otherwise she should wait until she becomes of age and the other one has to leave as wife’s sister. Rebbi Joshua says, woe to him for his wife, woe to him for his brother’s wife! He has to send away his wife by a bill of divorce and his brother’s wife by ḥalîṣah.

MISHNAH: Two brothers are married to two underage orphan [sisters]. If the husband of one of them dies, the other one has to leave as wife’s sister. And so for two deaf-mute [sisters]. If one is adult and the other underage, if the husband of the underage girl died, she has to leave as wife’s sister. If the husband of the adult one died, Rebbi Eliezer said, one teaches the underage one to repudiate him. Rabban Gamliel says, if she repudiated, she repudiated; otherwise she should wait until she becomes of age and the other one has to leave as wife’s sister. Rebbi Joshua says, woe to him for his wife, woe to him for his brother’s wife! He has to send away his wife by a bill of divorce and his brother’s wife by ḥalîṣah.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? Did we not state “underage and deaf-mute”? Rebbi Hiyya stated ““underage and deaf-mute”: “If the husband of the underage girl died, the husband of the deaf-mute has to divorce her and the underage girl has to wait until she comes of age and perform ḥalîṣah” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. “If the husband of the deaf-mute died, the husband of the underage girl has to divorce her and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she becomes permitted.” This follows what Rebbi Hila said, in order to fix her status.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? Did we not state “underage and deaf-mute”? Rebbi Hiyya stated ““underage and deaf-mute”: “If the husband of the underage girl died, the husband of the deaf-mute has to divorce her and the underage girl has to wait until she comes of age and perform ḥalîṣah” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. “If the husband of the deaf-mute died, the husband of the underage girl has to divorce her and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she becomes permitted.” This follows what Rebbi Hila said, in order to fix her status.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? Did we not state “underage and deaf-mute”? Rebbi Hiyya stated ““underage and deaf-mute”: “If the husband of the underage girl died, the husband of the deaf-mute has to divorce her and the underage girl has to wait until she comes of age and perform ḥalîṣah” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. “If the husband of the deaf-mute died, the husband of the underage girl has to divorce her and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she becomes permitted.” This follows what Rebbi Hila said, in order to fix her status.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? Did we not state “underage and deaf-mute”? Rebbi Hiyya stated ““underage and deaf-mute”: “If the husband of the underage girl died, the husband of the deaf-mute has to divorce her and the underage girl has to wait until she comes of age and perform ḥalîṣah” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. “If the husband of the deaf-mute died, the husband of the underage girl has to divorce her and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she becomes permitted.” This follows what Rebbi Hila said, in order to fix her status.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? Did we not state “underage and deaf-mute”? Rebbi Hiyya stated ““underage and deaf-mute”: “If the husband of the underage girl died, the husband of the deaf-mute has to divorce her and the underage girl has to wait until she comes of age and perform ḥalîṣah” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. “If the husband of the deaf-mute died, the husband of the underage girl has to divorce her and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she becomes permitted.” This follows what Rebbi Hila said, in order to fix her status.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? Did we not state “underage and deaf-mute”? Rebbi Hiyya stated ““underage and deaf-mute”: “If the husband of the underage girl died, the husband of the deaf-mute has to divorce her and the underage girl has to wait until she comes of age and perform ḥalîṣah” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. “If the husband of the deaf-mute died, the husband of the underage girl has to divorce her and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she becomes permitted.” This follows what Rebbi Hila said, in order to fix her status.

So is the Mishnah: The underage girl should wait until she grows up, reaches puberty, and is being married. Rebbi Eleazar said, there is no “being married” here, only “being betrothed.” Rebbi Joḥanban said, these are the words of Rabban Gamliel: If somebody gave qiddušin to his sister-in-law’s sister, his sister-in-law was freed from ḥalîṣah and levirate. It follows that what we had stated there, “if somebody gave qiddušin to the sister of a woman waiting for her levir” does not follow Rabban Gamliel.

Rebbi Ḥaggai said before Rebbi Ze‘ira, Menaḥem in the name of Rebbi Joḥanan: Practice follows Rebbi Eliezer, if she repudiated, she repudiated. Rebbi Eliezer said, one teaches the underage one to repudiate him, and you say so? Rebbi Ze‘ira, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: Practice follows Rebbi Joshua, if she repudiated, she repudiated. Rebbi Joshua says, woe to him for his wife, woe to him for his brother’s wife! And you say so? Rebbi Hila, Rebbi Yose in the name of Rebbi Joḥanan: Practice follows Rabban Gamliel. Rebbi Joshua agrees with Rabban Gamliel, if she repudiated, she repudiated; otherwise she should wait until she becomes of age. If not, he has to send away his wife by a bill of divorce and his brother’s wife by ḥalîṣah.

MISHNAH: If somebody was married to two underage orphan girls and died, intercourse or ḥalîṣah of one of them frees her co-wife. The same holds for two deaf-mutes. An underaged girl and a deaf-mute: Intercourse of neither of them frees her co-wife.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? What does he do? Rav Ḥiyya bar Ashi in the name of Rav: He marries the deaf-mute and divorces her; the underage girl has to wait until she can perform ḥalîṣah.” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. If he sleeps with the underage girl, he has to divorce her, and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she became permitted.” This follows what Rebbi Hila said, in order to fix her status. Rebbi Abun bar Ḥiyya asked before Rebbi Hila: What means, “in order to fix her status”? As you say there, he should perform ḥalîṣah for the aspect that was acquired in her and marry her co-wife; could he not perform ḥalîṣah for the aspect that was acquired in the underage girl and marry the deaf-mute? He said to him, so says Rebbi Simeon ben Laqish: We never find two sisters-in-law of whom one performs ḥalîṣah and one is married in levirate. Do we find two sisters-in-law of whom one performs ḥalîṣah and one is divorced? He said to him, that happens. That is what we have stated there: “If he ‘bespoke’ one and performed ḥalîṣah with the other, the first one needs a bill of divorce”.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? What does he do? Rav Ḥiyya bar Ashi in the name of Rav: He marries the deaf-mute and divorces her; the underage girl has to wait until she can perform ḥalîṣah.” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. If he sleeps with the underage girl, he has to divorce her, and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she became permitted.” This follows what Rebbi Hila said, in order to fix her status. Rebbi Abun bar Ḥiyya asked before Rebbi Hila: What means, “in order to fix her status”? As you say there, he should perform ḥalîṣah for the aspect that was acquired in her and marry her co-wife; could he not perform ḥalîṣah for the aspect that was acquired in the underage girl and marry the deaf-mute? He said to him, so says Rebbi Simeon ben Laqish: We never find two sisters-in-law of whom one performs ḥalîṣah and one is married in levirate. Do we find two sisters-in-law of whom one performs ḥalîṣah and one is divorced? He said to him, that happens. That is what we have stated there: “If he ‘bespoke’ one and performed ḥalîṣah with the other, the first one needs a bill of divorce”.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? What does he do? Rav Ḥiyya bar Ashi in the name of Rav: He marries the deaf-mute and divorces her; the underage girl has to wait until she can perform ḥalîṣah.” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. If he sleeps with the underage girl, he has to divorce her, and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she became permitted.” This follows what Rebbi Hila said, in order to fix her status. Rebbi Abun bar Ḥiyya asked before Rebbi Hila: What means, “in order to fix her status”? As you say there, he should perform ḥalîṣah for the aspect that was acquired in her and marry her co-wife; could he not perform ḥalîṣah for the aspect that was acquired in the underage girl and marry the deaf-mute? He said to him, so says Rebbi Simeon ben Laqish: We never find two sisters-in-law of whom one performs ḥalîṣah and one is married in levirate. Do we find two sisters-in-law of whom one performs ḥalîṣah and one is divorced? He said to him, that happens. That is what we have stated there: “If he ‘bespoke’ one and performed ḥalîṣah with the other, the first one needs a bill of divorce”.

HALAKHAH: Is the degree of acquisition of one equal to that of the other? What does he do? Rav Ḥiyya bar Ashi in the name of Rav: He marries the deaf-mute and divorces her; the underage girl has to wait until she can perform ḥalîṣah.” Why can she not perform ḥalîṣah immediately? She cannot because of Rebbi Meїr, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram. If he sleeps with the underage girl, he has to divorce her, and the deaf-mute is permanently forbidden. If he transgressed and had intercourse with the deaf-mute, he divorces her and she became permitted.” This follows what Rebbi Hila said, in order to fix her status. Rebbi Abun bar Ḥiyya asked before Rebbi Hila: What means, “in order to fix her status”? As you say there, he should perform ḥalîṣah for the aspect that was acquired in her and marry her co-wife; could he not perform ḥalîṣah for the aspect that was acquired in the underage girl and marry the deaf-mute? He said to him, so says Rebbi Simeon ben Laqish: We never find two sisters-in-law of whom one performs ḥalîṣah and one is married in levirate. Do we find two sisters-in-law of whom one performs ḥalîṣah and one is divorced? He said to him, that happens. That is what we have stated there: “If he ‘bespoke’ one and performed ḥalîṣah with the other, the first one needs a bill of divorce”.

MISHNAH: An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl but the intercourse of the underage girl does not free the adult woman.

MISHNAH: An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl but the intercourse of the underage girl does not free the adult woman.

MISHNAH: An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl but the intercourse of the underage girl does not free the adult woman.

HALAKHAH: “An adult wife and an underage wife,” etc. An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl. The intercourse of the underage girl does not free the adult woman but disables the adult woman.

HALAKHAH: “An adult wife and an underage wife,” etc. An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl. The intercourse of the underage girl does not free the adult woman but disables the adult woman.

HALAKHAH: “An adult wife and an underage wife,” etc. An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl. The intercourse of the underage girl does not free the adult woman but disables the adult woman.

HALAKHAH: “An adult wife and an underage wife,” etc. An adult wife and an underage wife. The intercourse of the adult woman frees the underage girl. The intercourse of the underage girl does not free the adult woman but disables the adult woman.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

HALAKHAH: “Somebody was married.” Even if he did not have intercourse with the underage girl, the deaf-mute is disabled. If he did not have intercourse with the underage girl and she died, he would have been permitted the deaf-mute. But now that he did have intercourse with her, even if she died he had disabled the deaf-mute.

HALAKHAH: “Somebody was married.” Even if he did not have intercourse with the underage girl, the deaf-mute is disabled. If he did not have intercourse with the underage girl and she died, he would have been permitted the deaf-mute. But now that he did have intercourse with her, even if she died he had disabled the deaf-mute.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

HALAKHAH: “An adult wife and an underage one” Even if he did not have intercourse with the adult one, the underage one is disabled. If he did not have intercourse with the adult woman and she died, he would have been permitted the underage one. But now that he did have intercourse with her, even if she died he had disabled the underage one.

HALAKHAH: “An adult wife and an underage one” Even if he did not have intercourse with the adult one, the underage one is disabled. If he did not have intercourse with the adult woman and she died, he would have been permitted the underage one. But now that he did have intercourse with her, even if she died he had disabled the underage one.

HALAKHAH: “An adult wife and an underage one” Even if he did not have intercourse with the adult one, the underage one is disabled. If he did not have intercourse with the adult woman and she died, he would have been permitted the underage one. But now that he did have intercourse with her, even if she died he had disabled the underage one.

HALAKHAH: “An adult wife and an underage one” Even if he did not have intercourse with the adult one, the underage one is disabled. If he did not have intercourse with the adult woman and she died, he would have been permitted the underage one. But now that he did have intercourse with her, even if she died he had disabled the underage one.

“Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.” After the fact. Therefore, not from the start! Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya the Scribe in the name of Rebbi Yoḥanan: This is Rebbi Meїr’s, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram.

“Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.” After the fact. Therefore, not from the start! Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya the Scribe in the name of Rebbi Yoḥanan: This is Rebbi Meїr’s, since Rebbi Meїr said that one does not perform levirate or ḥalîṣah with an underage girl, since she might be found to be a she-ram.

MISHNAH: If an underage levir had intercourse with an underage sister-in-law, they should grow up together. If he had intercourse with an adult sister-in-law, she should raise him. If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṣah with her. After thirty days, one asks him to perform ḥalîṣah with her. But if he confesses, one forces him to perform ḥalîṣah with her even after twelve months. If a woman made a vow during her husband’s lifetime forbidding herself any usufruct from her levir, one coerces him until he performs ḥalîṣah with her. After her husband’s death, one begs him that he should perform ḥalîṣah with her. If she had [ḥalîṣah] in mind even during her husband’s lifetime, one begs him that he should perform ḥalîṣah with her.

MISHNAH: If an underage levir had intercourse with an underage sister-in-law, they should grow up together. If he had intercourse with an adult sister-in-law, she should raise him. If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṣah with her. After thirty days, one asks him to perform ḥalîṣah with her. But if he confesses, one forces him to perform ḥalîṣah with her even after twelve months. If a woman made a vow during her husband’s lifetime forbidding herself any usufruct from her levir, one coerces him until he performs ḥalîṣah with her. After her husband’s death, one begs him that he should perform ḥalîṣah with her. If she had [ḥalîṣah] in mind even during her husband’s lifetime, one begs him that he should perform ḥalîṣah with her.

HALAKHAH: “If an underage levir,” etc. It was stated: A claim of non-virginity may be brought within thirty days, the words of Rebbi Meїr. But the Sages say, immediately. Where do we hold? If he copulated, immediately. If he did not copulate, even after a longer delay. But we must hold if it was not spelled out. Rebbi Meїr said, it is credible that a man may hold himself back for thirty days. But the Sages say, a man does not hold himself back even for one day. Rebbi Jeremiah asked: According to Rebbi Meїr, would a man be believed to assert that he held himself back for thirty days in order to make the child fatherless? Let us hear from the following: “If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṣah with her. After thirty days, one asks him to perform ḥalîṣah with her.” (After thirty days.) And Rebbi Eleazar said, this is Rebbi Meїr’s. And Rebbi Eleazar said, that refers only to her, but not to her co-wife. As you say there, she is not believed to damage her co-wife, so here, he is not believed to damage his son.

HALAKHAH: “Rebbi Joḥanan ben Nuri testified,” etc. Rebbi Ḥananiah asked before Rebbi Hila. The matters seem reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”; does one add to a testimony? But Rebbi Ḥanania is of the opinion that this deals with a hearing girl who was married off by her father and became deaf-and-dumb. Rebbi Yose is of the opinion that this deals with an underage girl who was married off by her father and became divorced.

“They asked Ben Zoma: Why is a doubt in a private domain considered impure? He said to them: Where is the suspected wife? In a private domain. He said to them, we find that she is forbidden for her house.” The words of the rabbis disagree, since Rebbi Ze‘ira, Rebbi Yasa said in the name of Rebbi Joḥanan: An underage girl who whored has no will to be forbidden to her husband. But did we not state: “In any case where there is no mind to be asked, the doubtful case is pure”? Therefore, if there is a mind to be asked, the doubtful case is impure. But here, even while there is a mind to be asked, the doubtful case is pure! “Why is a doubt in a public domain considered pure? He said to them: We find that the public prepare their Passah [as in] purity when most of them are impure. If known impurity was permitted in public, so much more for a case of doubtful impurity.”

May her husband dedicate for her without her knowledge? Since he is a partner in the flour offering, may he dedicate for her without her knowledge? May another person dedicate for her without her knowledge? It comes following what Rebbi Joḥanan said, as Rebbi Joḥanan said, for the four who need cleansing others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, one [healed from] scale disease, and the woman after childbirth; since a father may dedicate for his small son who is lying in a crib. One understands man or woman [healed from] genital discharges or [healed from] scale disease, but a woman after childbirth? May a minor give birth? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rebbi Hila: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter. Since she grew [pubic hair] she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since Rebbi Ze‘ira, Rebbi Yasa said in the name of Rebbi Joḥanan: An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written: “The woman shall say: Amen, amen.” Rebbi Abin said, since it is written: “You shall enjoy together with your house,” and he is the cause that he cannot enjoy with her, he may dedicate without her knowledge.

May her husband dedicate for her without her knowledge? Since he is a partner in the flour offering, may he dedicate for her without her knowledge? May another person dedicate for her without her knowledge? It comes following what Rebbi Joḥanan said, as Rebbi Joḥanan said, for the four who need cleansing others may dedicate without their knowledge; these are the following: Man or woman [healed from] genital discharges, one [healed from] scale disease, and the woman after childbirth; since a father may dedicate for his small son who is lying in a crib. One understands man or woman [healed from] genital discharges or [healed from] scale disease, but a woman after childbirth? May a minor give birth? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rebbi Hila: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Since a man may dedicate for his underage daughter. Since she grew [pubic hair] she already left his power. But it must be since a man may dedicate for his deaf-mute wife. Here, in the case of the suspected wife, the case of the minor does not apply since Rebbi Ze‘ira, Rebbi Yasa said in the name of Rebbi Joḥanan: An underage girl who whored has no will to be forbidden to her husband. The case of the deaf-mute does not apply since it is written: “The woman shall say: Amen, amen.” Rebbi Abin said, since it is written: “You shall enjoy together with your house,” and he is the cause that he cannot enjoy with her, he may dedicate without her knowledge.

HALAKHAH: A woman pregnant by another man or nursing another man’s [child],” etc. A man should not marry a woman pregnant by another man or nursing another man’s [child], but if he did marry her, the verse says about him: “Do not remove the eternal boundaries and do not enter the orphans’ field.” He who marries a woman pregnant by another man or nursing another man’s [child] has to divorce her and should never retake her, the words of Rebbi Meĩr, but the Sages say, he may separate from her and take her back later. Does Rebbi Meїr always fine people? Let us hear from the following: “The underage woman who performed ḥalîṣah should repeat ḥalîṣah once she becomes of age but if she did not repeat it, the ḥalîṣah is valid.” Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya the scribe in the name of Rebbi Joḥanan: It is Rebbi Meїr who said that one does not perform ḥalîṣah or levirate with an underage girl because she might turn out to be a she-ram.

HALAKHAH: A woman pregnant by another man or nursing another man’s [child],” etc. A man should not marry a woman pregnant by another man or nursing another man’s [child], but if he did marry her, the verse says about him: “Do not remove the eternal boundaries and do not enter the orphans’ field.” He who marries a woman pregnant by another man or nursing another man’s [child] has to divorce her and should never retake her, the words of Rebbi Meĩr, but the Sages say, he may separate from her and take her back later. Does Rebbi Meїr always fine people? Let us hear from the following: “The underage woman who performed ḥalîṣah should repeat ḥalîṣah once she becomes of age but if she did not repeat it, the ḥalîṣah is valid.” Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya the scribe in the name of Rebbi Joḥanan: It is Rebbi Meїr who said that one does not perform ḥalîṣah or levirate with an underage girl because she might turn out to be a she-ram.

MISHNAH: If an adult male had sexual relations with an underage girl, or an underage boy with an adult female, or one injured by wood, their ketubot are 200 [zuz], the words of Rebbi Meïr. But the Sages say, the ketubah of one injured by wood is a mina.

MISHNAH: If an adult male had sexual relations with an underage girl, or an underage boy with an adult female, or one injured by wood, their ketubot are 200 [zuz], the words of Rebbi Meïr. But the Sages say, the ketubah of one injured by wood is a mina.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day, an underage girl is younger than three years and one day. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself! Rebbi Abin, explain it that he had relations with her without penetration. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact.

Did they disagree that a virgin who had sexual relations with an underage boy or with someone who is not a man is enabled for the priesthood? Rebbi Ḥalaphta ben Shaul said, she is enabled even for the High Priest.

MISHNAH: If witnesses said, this is our signature, but we were under duress, or underage, or disqualified, these are trustworthy. But if there are witnesses to identify their signatures, or their signatures are confirmed from another document, they are not trustworthy.