p-is -ιηικπ
nwppi rpitoa nwN >!? wipi i-vapb iniNn :n niw» (foi. 63b) ov o>vy->ηί<> >> ηψΐίρίο ιρκ nrj ηψκ'? ηοίκη pi .ηψιιρρ
^DNB lOiDb Ϊ7ΪΟψ> 7Q Τΐψ^ίρ»? ÎJÎTl} rWfpì 1ΠΝ Nil
ηψρρ") ΙΠΝ NII oi> vvñv» .nonra
Η1? ìnb ni ÍN πι ,ηψηιρίρ niWj rrçmpp
.nnnjpi
Mishnah 1: If somebody said to another: go and marry me preliminarily to woman X, and [the agent] went and married her preliminarily himself, she is preliminarily married1. Also, if somebody said to a woman, you are preliminarily married to me after thirty days and another man married her preliminarily within these thirty days, she is preliminarily married to the second man2; as a daughter of an Israel married to a Cohen she may eat heave3. From today and after thirty days, and another man married her preliminarily within these thirty days, she is and is not preliminarily married3. As a daughter of an Israel married to a Cohen or daughter of a Cohen married to an Israel she may not eat heave4.
1 A person who accepts agency which subjects him to a fine unless he does not by this act lose the ability to execute what he promised, the legally act in his own behalf. As long principal may consider him a trickster as the agent did not sign a contract but has no legal recourse. 258 OIDDUSIN CHAPTER THREE
2 At the moment at which the wedding), and if within these thirty second man married her, she was days another man preliminarily mar- legally single; his marriage is valid. ried her unconditionally, neither of the After thirty days, when the first man's two marriages can be unquestionably preliminary marriage should enter into valid. Therefore, she needs valid bills force, she already is a married woman. of divorce from both men. [In Gittin The preliminary marriage of a married 7:3 (Note 80) Rebbi disagrees and holds woman to another man is nonexistent in that the preliminary marriage of the law. It is not forbidden; only actions second man disappears at the end of 30 which exist in law can be forbidden. days; this opinion is adopted by Samuel 3 If the groom is a Cohen, she is in the Babli, 59b, but not mentioned in married to the Cohen; the existence of the Yerushalmi Qiddusin.] the first man is irrelevant. But if the 4 The daughter of an Israel can first man gave her a wedding gift and eat heave only if she is certainly said: you are preliminarily married to married to a Cohen; the daughter of a me now but the mutual legal Cohen can eat heave only if she obligations shall start only after 30 certainly is not married outside the days (which would give the groom 13 clan. months to arrange the definitive
Hi) .'^ID 'Ì73 ηψΝ ·>*? Wli?·) Nil .inno^ nniNn :H flD^fl (63C line 16)
•1? v^ri m>n> IN .m»öi ^πΐψ N!?N n^pn Γορη "οψί") tnt
ΐ'Ή ηπ in^ì rjbrn η;?» >> n^·) κ* inwri
'»πι ·ρη> ϊρ_·>η Ν^ν^ .m»»! ^riio η^ηη τυρη -οψη
oyñ IHN rn -ION η^ρι
.nitjn ΠΝ-ιη ton ιη>η» "ip pían n^aq ηψίν>
Halakhah 1: "If somebody says to another: go and marry me preliminarily to woman X," etc. He looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously5. The same holds for monetary transactions. If somebody says to another: go and buy HALAKHAH 1 259 for me goods X, and [the agent] went and bought [the merchandise] for himself, he looks out for himself and is rewarded since his acquisition is valid, but he behaved treacherously6. Rebbi Ze'ira cursed those who saw another person trying to buy certain goods and outbid him. Rebbi Abun in the name of Rebbi Ze'ira: Also about one who organizes a group against another7, the rabbis quote: "A person who prevents a good thing coming to his neighbor abandons the fear of the Almighty.8"
5 Babli 58b. 379] explains that simply by having a
6 The Babli, 59a, agrees in group of people showing interest, even general but points out that an agent if no competing bid ensues, the hand of must have some flexibility in warding the seller is strengthened and the buyer off claims by third parties; it might be forced to increase his bid. to the advantage of the principal if the 8 Job 6:14, interpretation of agent acquires for himself rather than Targum. (In a Genizah let the property fall into hostile hands. fragment: "The rabbis of Caesarea
7 S. Lieberman [Tarbiz 4 (1937), p. quote.")
N>rn .·>Βψρρ ,-iniN NID .onya ΓΡ>ψη ptnin Ν!? (63C line 22)
N't» .rn>?iN Ν'ίη .ΐρηψ-ρρ .nwN!? DOÍÍO '?>wn ."IWN"^ .ΓηρίΝ
.ΐρηψτρ ΗΪ .-ipiN Νίτη ."IWÎO^ inJ^ND NìTT) .'ÍJWPP
.iníN NID .onjn n>>wn ptnin vw1? npm .runv ψη .rnm
ID'ivy .Ti^iv .rnm .•pvyN-ò np*n .ywN-i'? .rnçiN N>n) Λπψ-ρρ
in^i oa ·)Γΐύ im ON] .oa ρ^ύ
If the agent was not identified as such by the witnesses9 and he says, I married her preliminarily for myself, but she says, to the first, the second is like one who says to a woman: I married you preliminarily but she says, you did not marry me preliminarily10. Also it is as if she said to the first, you married me preliminarily but he says, I did not marry you 260 OIDDUSIN CHAPTER THREE preliminarily. If she says, I do not know, the presumption is in favor of the second11. If the agent was identified as such by the witnesses and he says, I married her preliminarily for myself, but she says, to the first, the presumption is in favor of the first12. If she said, I do not know, both of them give a bill of divorce or, if they so desire, one gives a bill of divorce and the other marries definitively.
9 The witnesses to the preliminary of a marriage is not forbidden to marry marriage say that they did not know any close relative of the other party. that the male was appointed as agent 11 If the ceremony was not and, therefore, they did not listen announced as one of marriage by proxy carefully whether the male stated that and nobody noticed anything unusual in he was marrying the woman for the formulas being used, it was not a himself or for a third party. marriage by proxy and the woman is 10 The case treated in Mishnah 11. certainly married to the agent. The party which asserts the existence 12 If the agent was announced as a of the marriage is forbidden to marry proxy and nobody noticed anything out the close relatives of the other party. of the ordinary, it was a marriage by The party which denies the existence proxy.
ntov ton rrçhn in ov ο>ψ!?ψ ^in? π» on :p>£to (63c line 28)
ton Ni? vy-p} Ν'ίη ίπν> no .ov ο>νμ !?ψ -pwNi >ym>p
>3 IN ìND^toD ,ΓΡΤΙ >3ΪΠ .ή^ΝΙΠ >\¿m>Í?
>? ïy ΊΝ >Ν33τϊο·) .ηψ^ίρρ it ηη ")?>>? ιηΝ> .ΓΙψΙίρρ ÎWN ΊΠΝ> D"ï?rp>3\y
Therefore13, if the second died within thirty days or divorced her, the preliminary marriage of the first is activated after thirty days. If he died after thirty [days] without having divorced her, the preliminary marriage of the first is not activated14. That is what Rebbi Hiyya stated: With any HALAKHAH 1 261 condition which was fulfilled15, even if later it becomes moot, she is preliminarily married. But with any condition which was not satisfied at the moment of preliminary marriage, even if later it became moot, she is not preliminarily married.
13 Referring to the second part of of 30 days, the first preliminary the Mishnah, about the man who marriage would be marriage to an stipulated that the preliminary already married woman; it is null and marriage be effective only after 30 void. It cannot be reactivated even if days. the second man later dies. 14 If the second man was 15 At the time of the activation of preliminarily married to her at the end the preliminary marriage.
.ov -\ηκ> η1?!*» ή n.rj ."pnv >·η ow? ìdin (63c line 33)
"lira ηηρ>ι *nn .vrrpq πείροι rniDí? it nq ,ον πρνΛψ tjiJi} rropi
.nbiy wiiν'!? ιηκ> ,n!?iy vJnpn n^y !?n oi> ο>\μ!?ψ
.NiN -q n»n m -»»ν .nìnyt r ? γμν no .dwn!? n!?iy n»ö*t N'b τι τ· •· -τ τ : τ τ:- - τ·! Ύ Τ:-
η^ν ^η tCj on»> n^ipt "IP?» ,ΠΝ nini παψ iris^ri
,η>3Γΐ0 >?ι -DON n'piy η» owNin >ym>p
Ni/? Ν^Π -Q -pa .yìap DI« πψηρηψ
"ΙΟΝ ·ΊΌΠ ΙΟΝ ΠΝ ΪΟΠΊ .ΟίΗΠ!? TlT>OOD DÍU!? íJWON .ΙΏΝ TIN τ '"τ -τ s— ττ: : ν τ · τ • : · ~ τ ~ · τ · ~ τ : - .DV ->ΠΝ!? .iniNi Non D-α .-as» .-IBÍÍO -ran . - - : τ ττ τ s · ·· τ ' τ - Rebbi Abbahu in the name of Rebbi Johanan: "This animal shall be an
elevation sacrifice after thirty days." If he sold it within the thirty days, it
is sold; its dedication sanctifies16. If he bought it back within the thirty
days, the dedication as elevation sacrifice applies to it. After thirty days,
the dedication as elevation sacrifice no longer applies17. But an elevation
sacrifice cannot be compared to a woman18! Could an elevation sacrifice 262 QIDDUSIN CHAPTER THREE be compared to a woman? Rebbi Hiyya bar Ada said, explain it that the second man died19 but he had a brother. Since she is a candidate for levirate, the preliminary marriage of the first cannot be valid. Could an elevation sacrifice be compared to a woman? Rebbi Mattania said, explain it that he dedicated an animal with a permanent defect.20 Rebbi Abun bar
Hiyya asked before Rebbi Ze'ira: There you say, my promise to Heaven is like my delivery to a private person21, and here, you say so? He answered him: there, immediately, but here if he says, after thirty days21.
16 Since nobody can dedicate void even if the second man, whose anything which is not his, the first preliminary marriage was valid dedication was invalidated by the sale; immediately, dies within the thirty the buyer may use the animal for any days. sacrifice, not just as elevation sacrifice 20 Then the dedication was not as (Nazir 2:9, Note 120). elevation sacrifice but stipulated that 17 Since at the end of 30 days the the animal be sold and the money used animal was neither his property nor in as elevation sacrifice. In that case, it his possession. would not be necessary that the 18 As R. Abun bar Hiyya notes original owner buy the animal back but later in this paragraph, dedications only that the buyer renounce his follow rules quite different from property rights before the end of 30 acquisitions; it is difficult to understand days. why the dedicated animal could validly 21 Mishnah 1:6. If the animal is be sold. immediately delivered to the Temple, it 19 He died childless. While the cannot be sold. widow is not automatically married to 22 Mishnah 1:6 does not exclude the levir, she is prevented from the case that a dedication (and the marrying any other man unless she corresponding virtual delivery) be receives halîsah from him. Therefore, deferred. the preliminary marriage of the first is HALAKHAH 1 263
ΠΡψ^ψ"!?? .Op n^iv ft nri ."|ίηΡ ^ inaN (63c line 43)
no nj^yp n^N)? p>ìnb niw oP ο>ν>ί?ψ -ιηκ} .ribiv it nD
.ΡΊ>?Ν ήηηη Ν^ΓΙ N-vyì rn .nnìia nnb^v»? -"»PN ΐίηΡ rn pi η» .η\ίφρρ it nrj .οΡ ο>ψ!?ψ >> riyiipp TÍH nrj .pac íto^VP riNîiv ηψκ ws)? Ν'^Ι pH? ^"ϊΐ?5? V? ^ΐ?5? pypv .pypw -Ρ"!? \yipD in .0$ N'ia
n:n ίγι^ΓΙ .pa >t>P >a-i im .pijpi Ni?·) pop? .ιών
pnijP >a-> .ninna 05 ρκ .oP ο>\Λψ non ft nrj .ηιρη
ηψρρ on ï?aN .«io?? ^ΨΡΡΨ} ηψιΐρρ ΙΏΝ W7 Ν"ΐη "KV,1?
ηψΊίϊρ pyji-vaa no .py>i"va>? pvm^p ana vrjp£ Νϊη !?>Nin
.ηψιιρ)? nw pvm>pa IN
Rebbi Abbahu in the name of Rebbi Johanan: "This shall be an elevation sacrifice for thirty days," it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane23. What is its status regarding larceny24? Rebbi Johanan said, the larceny is clear25.
Rebbi Ze'ira, Rebbi Hila both say, the larceny is in doubt26. "You are preliminarily married to me for thirty days," she is preliminarily married27.
What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi
Simeon, since Rebbi Simeon says, "they enter without paying.28" Rebbi
Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field29. "This is your bill of divorce for thirty days": it is no bill of divorce30. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, 264 QIDDUSIN CHAPTER THREE since marriage documents were inferred from divorce documents31 and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.
23 A different version, describing corrected." an animal designated as (most holy) 27 Permanently, even after 30 days. elevation offering for 30 days and 28 Mishnah 'Arakhin 7:4. If a field afterwards as (simply holy) well-being donated to the Temple was not offering, is quoted as tannaïtic text in redeemed before the Jubilee year, it the Babli, Nedarim 29a. becomes profane property of the 24 An animal dedicated as Cohanim (Lev. 27:21). In R. Simeon's sacrifice is forbidden for all use; it opinion, the reversion to profane status cannot be used for work, nor can it be is automatic; the Cohanim to whom it is shorn for its wool. The question is distributed do not have to redeem it whether illicit use of an animal from the Temple treasury. temporarily declared a sacrifice 29 A field which was not a family triggers the penalties spelled out in heirloom but bought from another Lev. 5:14-16. owner automatically reverts to its 25 Since during the 30 days it is a hereditary owner in the Jubilee year. sacrifice, if it was used then all the Even if in the meantime the field was penalties are due. given to the Temple by the buyer, it 26 If the animal was sacrificed reverts without payment (Lev. 27:24). during the thirty days, any prior use 30 Since it is implied that after 30 was larceny. But if the animal was not days there should be no divorce, it is sacrificed, then it reverts to profane invalid. A divorce must be irrevocable status and its use was not illegitimate; to be valid (Gittin 4:8, Note 192). A it would be forbidden to dedicate an shortened version of the text is animal to atone for the larceny. The discussed by Ran, Nedarim 29a. prior use was an "evil that cannot be 31 Chapter 1, Note 21. HALAKHAH1 265
,OÌ> ΙΠΝίρ n^iy it η.Γ] ."^nV ΙΓΏΝ (63c line 54)
ION Γ)^)? N7 »> ,r)\i»7j7 N't» riapri .ΠΊ^Ρ Π3>Ν tpJB Γη:»?
îjb mn yp_-\p_r\ i>? wtoj} .miny) dp? it? ίπν>
.vy*T(7 N't? iw'lpn .-iìd)? ì3>n oi> rjina i-op .dv ίπκ> rrç V^V îl^n .ni-vs ïù>?n ib ίπν> η1?»« ni »> nnì .rniDjp ?ι3>ν rjina rnsp .dv ο>\Λψ inN> τπΨ >> π^τιψ
.miD» it nn ma» NÌ>N .nwNb τ : •· -J τ τ : TV t · : τ ·· Rebbi Abbahu32 in the name of Rebbi Johanan: "This animal shall be
an elevation sacrifice after thirty days;" if he sold it during the thirty days,
it is not sold; its dedication does not sanctify33. For which purpose did he
say: "after thirty"? To reserve for himself shearing and work34. "Pick
from this field35 that it should be acquired by you after thirty days;" if he
sold it within thirty days it is not sold, if he36 dedicated it it is not
sanctified. Why did he say, after thirty days? To reserve usufruct for
himself37. "Here you have this tetradrachma that your field should be
mine after thirty days38," if he sold it within thirty days it is not sold, if he
dedicated it it is not sanctified. What is the difference between this and a
woman39? But if he sold it, it is sold40.
32 It seems that this name is (Note 21).
incorrect since earlier R. Abbahu 34 For the first 30 days.
stated that the animal may be validly 35 This is authorization of transfer
sold (Note 16). Since the name of ownership following Mishnah 1:5.
tradition in the first case is confirmed Title to the field is transferred
by a parallel, the quote here is the one immediately even if actual possession
to be questioned. by the buyer is deferred.
33 This Amora holds that even "a 36 The seller.
delayed promise to Heaven is like an 37 The seller may harvest the field
immediate delivery to a private person" for the next 30 days. 266 OIDDUSIN CHAPTER THREE
38 While real estate may be acquisition of a woman in preliminary
acquired by money (Mishnah 1:5), the marriage does not prevent her from
language implies that both ownership marrying another man in the meantime.
and possession will be deferred for 30 40 To exclude any sale to a third
days. party, either ownership or possession
39 Since it is stated in the Mishnah must have been transferred at the
that money given now for a later moment of transaction.
,>3Γ1 "3ΓΙ ΓΙ>Ν .cpvy'bvy inN> îjpv >> rrç IO? t> (63c line 62)
.'3ΓΙ »3B JVN .O^EVlì DV} ,>3ΓΙ "3ΓΙ ΓΡΝ"! .•»ÇV}1) OV3 ή^ΝΊΓΙ
ÌNO OV3 mi π* Λ3ΓΙ »3T1 ΓΡΝ .0»0V1Ì DV3 ύ·>Ν ηη Πί - τ » τ τ · - : γ τ ·· - *·τ - · · - : : ·· ν τ .O^ÇVll OV1 >3>Υί>η IM)? -VP ΠΠΓΙ Π)31 DV3 ή^ΝΙΓΙ
Ατ> nnri noi "pvyicin avi no ηΐ .-»oçcr in» .wn iao? >•>
ήνκ-ιη ova ύ·>Ν no nç ,-ιοκ^ ino ,κιη iatp? ·>? wvn
,vp nnri πρ ú>n ^wrn istp?
"Here you have money that your slave shall become acquired by me after thirty days.41" Some Tannaim stated: The first [owner] is subject to
"a day or two"42. But some Tannaim stated: The second [owner] is subject
to "a day or two". Some Tannaim stated: Neither the first nor the second
[owners] are subject to "a day or two". But some Tannaim stated: Both first and second [owners] are subject to "a day or two". He43 who says,
the first [owner] is subject to "a day or two", "if he dies in his possession44."
He45 who says, the second [owner] is subject to "a day or two", "for he is his money46." He47 who says, both first and second [owners] are subject to "a day or two", the first because of "if he dies in his possession," the second because of "for he is his money." He48 who says, neither the first nor the second [owners] are subject to "a day or two", for he is not the first's money and does not die in the possession of the second. HALAKHAH1 267
41 As explained in this paragraph, Meir. ownership is transferred immediately 44 Ex. 21:20, the verse which but possession is deferred for thirty declares the owner guilty of murder if days. he kills his slave.
42 Ex. 21:20-21. Killing a slave is 45 In the Babli, R. Jehudah. murder. But if the slave dies because 46 Ex. 21:21, the verse which of a punishment he receives from his exempts the owner from prosecution if owner and lives at least 24 hours after the slave lives for 24 hours. "His the punishment, the owner's act is not money" indicates ownership. prosecutable. 47 In the Babli, R. Yose.
43 In the Babli, Baba batra 50a, R. 48 In the Babli, R. Eleazar.
ÏONÏ1 N't? .'371 '>33? TVN .D^n^? !??ΝΓί !?ΪΟψ?> ·)Π3 111 (63c line 69)
•)NOI .·)Γό .non^a ídnii .IONT INO ,Ν^ΓΙ ΊΟΝ
Onb '3'ψη ι>Νψι .nnn^a ïonji ÌO .-ΜΟΗΊ
"As daughter of an Israel married to a Cohen she may eat heave49."
Some Tannai'm state: She may not eat heave. Rebbi Hila said, the one who says that she may eat heave refers to the case that the second man is a Cohen, but the one who says that she may not eat heave refers to the case that the second man is not a Cohen.
49 If the first man wanted the after 30 days, cf. Note 3. preliminary marriage to be valid only
,")3nv 'li own mix ,ον ο'\μ!?ψ ->ηκ> (63c line 71)
πψρρ i!?'?íf .roña ρ!? rr» .ro vV>?iJi ηκ» 'vm'p n« n>? ,-ny!? >3-» '»ip nyi »bio na pns' ."I'-noa ?vm'p
îjyj33 vp 'dì .n»t? ίρν .ιηίη Na '3wn ΐΝψηι rop ήν>Ν*)η na η3ρψ
DN« 'WIT'P "ΤΠΝ tnK> n>13|7 Π3'Νψ ηψΐθ3 ΙΠΰ .nÌÌ"|V?
.na ì'ppìri 268 OIDDUSIN CHAPTER THREE
"From today and after 30 days." Rebbi Abbahu in the name of Rebbi
Johanan: Even preliminary marriages of a hundred men apply to her50.
Rebbi Eleazar said, it was necessary [to state], even if the second preliminarily married her absolutely51. Rebbi Isaac bar Tebele asked before Rebbi Eleazar: As you take it52; what the first acquired, he acquired; the remainder the second finished53. He answered, is this kind of argument applicable to incest prohibitions54? How is that? To any woman who is not acquired by one man only, even preliminary marriages of a hundred men apply.
50 This refers to the case where a explained as follows (R. Moses sequence of men said: "from now and Margalit): If the statement of the first after 30 days," cf. Note 3. In this case, groom, "from today and after 30 days", she is married to none of them means that he requires 30 days to make completely; cf. Yebamot 3:5, Notes 102- up his mind and might annul the 105 (5:1, end; Nedarim 10:6 Note 59); preliminary marriage, then it is obvious Babli 60a. that the second contracted a valid 51 The interpretation of R. Abbahu marriage and the first is eliminated. is not the only one possible. Since the But if "from today and after 30 days" Mishnah mentions the condition "from means that he wants to be married now now and after 30 days" only for the but his obligations start only after 30 first man, it is quite possible that the days, the first acquired the right to second marries her unconditionally. preliminarily marry the woman after Then no other man can join the list of 30 days. If now the second man suitors but nevertheless the woman is marries her unconditionally within the still "married and not married". thirty days, which the first cannot 52 ητι?Β3 no is a technical term hinder, his acquisition should have implying that a certain conclusion eliminated the option which the first follows from two mutually exclusive had acquired. premises. 54 Incest and adultery prohibitions 53 This elliptic statement can be are so serious that no kind of intel- lectual acrobatics is applicable to them. HALAKHAH 1 269 n\i»-|5> rop ïy nnnwg rò ito '»ψ Ny? "τ^ϊ1 ™ (63d une i)
-)Γ1Ν> .iOT>Jtt ·Π3ίρ ΛΚΡΏ "DÜ ΤΙ] *ΤΠ .Ο^-^Π
κηίρ -ima ι»;ιρ ^wn na «vpin on !?ιν .-una i^p n?ip
aw!? nn>w ΊψΝΐ liWNnn ribya ΗΪ n^y
A student asked before Rebbi Ze'ira: If he gave it to her in the morning on condition that he divorce her in the afternoon55? A certain
David was of the opinion that anything acquires56; Rebbi Ze'ira said that after thirty days he acquires absolutely57. But if the second one added absolute acquisition, I am reading for her: "Her first husband who had sent her away cannot return to take her back.58"
55 From the following it seems that That situation may be rectified by at the question was about a case in which least one divorce. But in the situation
A gave a wedding gift to a woman described here, the question remains stating that she should be preliminarily whether a divorce is possible for a married to him "from now after a marriage which has not yet started, specified time" but divorcing her 56 Therefore, a divorce is possible before the end of the stated period. Β also for a partial marriage, preliminarily married the same woman 57 He questions the possibility of after A's conditional marriage but divorce of a not yet existing marriage, before the divorce. The Mishnah A Genizah fragment adds a sentence refers to the situation after the end of which was lost by the Leiden scribe by the 30 day period, when both homeoteleuton: preliminary marriages are in conflict.
'l'en na «POM κ*7ΐ»3 ... IPX*? "ima IRNWA RRERUM .TIT1? IMA ma 'M .NRT IMA πτ» NWUM
.ΎΜΜ '['"J)?
If she was divorced by the first, she is permitted to the second; if she was divorced by the second, she is permitted to the first. If she was divorced by both of them, she is permitted to anybody [she likes]. If the second did not add absolute acquisition; 270 OIDDUSIN CHAPTER THREE
The first two sentences are the ditional and the second man died, the conclusion of the previous text. The first who had given a divorce whose last sentence is the introduction to the validity may be suspect cannot marry following text. The text does not add the woman, since for the rule that a anything to the understanding of the divorcee married to another man may
Leiden text. not be taken back by her first husband,
58 Deut. 24:4. If the second the divorce and the preliminary preliminary marriage was uncon- marriage to the second man was real.
VON ηψ^ψ 1>n -VlìOif ΙΐΡΪψ ,Ο'ΠΝ ^ίψ 0>3rp Vil (63d line 5)
îflp^Ji)? "rnïs ΓΙΏ πψκ ,η»η >a*·» Ν>Π Nf η .inni ir»? îwppi
"τπ^ γ»?1 ΐ^ΤΡ"! cwn W νη πψΝ N'bi
ΓΙΝΟ ib nbaj "»Νψη"ΐ na η^ψ no .tjwaí nç .na ini» ΝΠ>Ψ nnn na îiiv 'an novo ,>t>i> >an ->m .na -πον .-»»ν na ->a ττν m .vnN
Τ •·=!- — Τ Τ Τ ~ Τ * Τ " I τ ·τ nnvi nì1V "Ρ"^ ο'??^ π^3 ί""???-^3 ib nbaí Dibs .na -α m ν 'an ion iiw .ni'ín >a-> -ion .nms moia τ : IT · τ - τ - τ : τ · - τ τ τ τ
.ΠΊΓΐιη Ν>η ib rniüN Ν>η vnN> ,νηκ non» Nb
If both were Cohanim or brothers, both are forbidden59. If there were three brothers; two of them contracted a preliminary marriage with her and then died. That is what Rebbi Hiyya stated60: The wife of one deceased contracts levirate marriage but not the wife of two deceased men. If they were brothers, both contracted a preliminary marriage with her and then one of them died. Is she permitted to the second? As you take it, what he had acquired, he had acquired; the rest he inherits from his brother61. Rebbi Jehudah ben Pazi said, she is forbidden to him. Rebbi
Yose said, the reason of Rebbi Jehudah ben Pazi is that the aspect acquired in any sister-in-law who is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition HALAKHAH 1 271 frees the co-wife62. Rebbi Hanina said, Rebbi Jehudah ben Pazi said it correctly. Does she not become his because of his brother? To his brother she was forbidden59; to him she should be permitted?
59 Here starts a discussion of the Mishnah, if the two men are brothers, statement of the Mishnah that the the woman is forbidden to either of situation can be resolved if one of the them as the brother's wife. men writes a bill of divorce and the 60 Yebamot 3:10, Note 137. other marries the woman. There are 61 The argument is that the cases in which both must divorce and surviving brother should be allowed to neither of them can marry: A Cohen marry both in his own right and as may not marry a divorcee; this includes levir. a woman who is divorced without ever 62 Yebamot 2:2, Note 55. The being really married. The wife of a argument of Note 61 is invalid: brother is prohibited to her brother-in- Levirate is possible only if the law except in the case of a required brother's marriage was undoubtedly levirate marriage. In the case of the valid.
>3>wn ron:* .nni-ijpa ioNìn Kb !?ΐΡτΨ?> ins m (63d line u)
•1 nb
"A daughter of a Cohen married to an Israel may not eat heave." This
is a necessary statement, even in case the second man is a Cohen63.
63 The statement of the Mishnah (Lev. 22:12). It is stated here that she is seems to be trivial since the daughter excluded even if the claim of the Israel of a Cohen married to an Israel is on her is only one of partial marriage. excluded from heave by biblical decree 272 QIDDUSIN CHAPTER THREE
·$) ïy >> ϊΐψΐίρρ FH η.Γ) nWN^ "»niMÍI Λ TlîVtt (fol. 63b)
"TV"! 1?*» Vï ÏX -IE? wîï) riumpp it ηη ti* Ο>ΓΙΝ«
ν>»ψ nw ïy ,πψιιρί? ron< IN1? ONÌ πψιιρ)? οι' ο>ψ!?ψ -[ina rù irò ov it nr) tit ο?γιν» rop ϊχ .i!? víñi πψιιρρ it nn tit o>m» >>
.πψιιρρ WH ïy πϊοιί onì n\¿mp>?
Mishnah 2: If somebody says to a woman: You are preliminarily married to me on condition that I give you 200 zuz64, she is preliminarily married and he is obligated to give65. On condition that I give you within the next 30 days; if he gave her within 30 days she is preliminarily married; otherwise she is not preliminarily married. On condition that I owe 200 zuz, she is preliminarily married if he has it. On condition that I show you 200 zuz, she is preliminarily married once he shows it to her66; but if he showed it on his bank she is not preliminarily married67.
64 Accadic züzum, the half-sheqel 66 He assures her that she is piece, identified with the Roman marrying a person of means; denarius. nevertheless it is not sufficient that he 65 It is understood that he also prove to her that he has the means; in gave a perutah's worth at the time he order to be married she must be shown contracted the preliminary marriage. the actual coins.
There is no time limit set for the 67 If he is a banker, handling his liquidation of the claim. However, it depositors' money, he cannot show seems that if she has to sue him in anything which is not his own capital court for the 200 zuz, the preliminary invested in his business. marriage is invalidated.
nr) ,·)3>3Γΐ lari πψτιρρ γιν ηη .nwN1? "VoiNri :a td*íi (63d line 15) np'son ormi it ηη .tit ο>γινο >> >3Γΐπψ ro>? ïy rrç
N>rn VnîOi V1K> ·)33ή3 npiN ÌH^ÌIÌ ·)} ήνρψ ì^l Λ3ΓΙ .Π»ψ Ί))_ ·|ΓΡ> HALAKHAH 2 273 by >> πψτιρρ >*).Γ) o? ΡΨ^ι?? Ίϊ< pi ny!?nn ι» rryio? rò vnw bhobpa li ήνρψ ^"i? .m Ο>ΓΙΝΟ ΙΓΙΝΨ rop
.DU»!?1) ηρίρΐ wni
Halakhah 2: "If somebody says to a woman: You are preliminarily married to me," etc. 68There, we have stated: "This is your bill of divorce on condition that you give me 200 zuz, she is divorced and has to pay. If she did not manage to pay before he died, it was stated: Rabban Simeon ben Gamliel says, she pays his father or his brother and is free from halîsah and levirate marriage. The same holds for preliminary marriage:
"You are preliminarily married to me on condition that I give you 200 zuz;" if he did not manage to pay before he died, Rabban Simeon ben
Gamliel says, his father or his brothers pay and she is subject to halîsah or levirate marriage.
68 This is a reformulation of the Simeon ben Gamliel hold that the first paragraph of Gittin, Halakhah 7:5, conditional divorcee never is subject to
Notes 116-118. In the Babli, 60b, the halîsah or levirate marriage. rabbis who disagree with Rabban
11 Nihf .Kin 1J3 ·ρ3>Ρ>?η "VIP .pnv OW} irai* ·>1"! (63d line 20) rp^tUDPi ripp^p ιγρ1? nip by -|b3 ii νγμ>3 î^n -pb \jnpp ib?
ib N-vy .oibs >b ηο? Nb T^PP Nbi lbs oi> νπν vw /lbs ov>
N03W ,->piN vy'pb 15 "|iyp\y nix NWiN .nm linv > 1"!
κπκ -ρκ-τ ,7ii|>p> rjns :j>n ^pb Ί5 liypv> n>riyi by ,-nyi ίκρ?
*T>p3 Î]>P7 l^nv .OlbS γ^ί) ΗΤ)·> Nb >b DWÌD >Τ1>1Γ) Nbl lb3 OV
-ιηκ γη η>5 lipy? nm ,ίρν ,vy>pb yi liypyi >a-p -rçiy -pirin
.JiniìP» VN? ìN^P?"! rl'JlTtpT niât??") 274 QIDDUSIN CHAPTER THREE
69Rebbi Abbahu in the name of Rebbi Johanan: The following is the
contract text: "I, X son of Y, contract a preliminary marriage with you, Z,
daughter of U, on condition that I give you property A and definitively
marry you by day B. If that day should pass without me having taken
you in, I shall have no claim on you." If anything intervened beyond his
control? Rebbi Johanan said, matters beyond his control are as if he were
inactive. Rebbi Simeon ben Laqish said, matters outside his control are as
if he had acted. In the opinion of Rebbi Simeon ben Laqish, what would
be necessary? "If that day should pass without you having taken me in, I shall have no claim on you." When Rebbi Johanan was dying, he told his
daughters to act following Rebbi Simeon ben Laqish. He said, sometime
in the future there might be a court which follows him; then his
descendants might be in danger of bastardy.
69 This text is also in Gittin 7:6, belong to the third Century, the term Notes 132-139; the contract text also in must have been in use in the Hellenistic Eruvin 3 and later in Halakhah 3. A. world long before it appeared in Gulak (Tarbiz 5, 1934, pp. 126-133) has surviving papyri. discussed the text in detail. As a special stipulation, the The term σύμφωνον "agreement" symphön contract has to be executed appears in Egyptian papyri of the concurrent with the preliminary Byzantine period (after the middle of marriage; otherwise it could not undo the fifth Century C. E.) and later in the marriage without a divorce. This Justinian's legislation to designate supplementary contract fulfills the special stipulations within a written same role as the Alexandrian Ketubah contract [R. Taubenschlag (Chapter 1, (Yebamot 15:3, Note 34, and the sources Note 369) p. 224], In earlier Greek quoted there.) sources one finds only the adjective On the other hand, the delivery of σύμφωνος, α, ov "agreeing". Since the property by the groom as pledge first authorities quoted in the Talmud is documented in Hammurabi's laws; it HALAKHAH 2 275 appears in Roman contracts as arra (or Ρ^ΐϊ) only in Byzantine times, clearly arrha) sponsalicia (arra = άρραβών = under the influence of Eastern usage.
"»KIN .'Γίΐρϋί .H1)?ÌN .·>ΒΓΙ3 ,1)0W Ν1Π /|mn ϋ'ΐιη (63d line 29) wan> ηψκη *Τ»Ώ pajp'p wpap Νΐηψ ·ρτ?>ρ ."paN >ai
Νίηψ "pT?>>? .DPV ·>ΆΊ 1DN VîD .η»Ν1
NTpy Ν2ΊΝ .·)Ί3>Ρ>Ρ lina ρ*)) η»Ν1 N>an> Vty niÜÍN>
πνι Ni? nwN ,>ai ,n>i? i»n .an ,n>> .iniN im HÏH din >a pn\y n> »n»>? .ina* >5*1 ion .an .·>> im
.Nn»)?-fp N>n n"tîi κ^ι .Irin na 70m_yi ν>π ρκ ."in? n>a im VN .don"!
•Ή rpa nwyç ìnwvì itn
71If the appointed time has arrived72 and he says, I gave, but she says, I did not receive73: Rebbi Abun said, since he tries to wrest the contract from the woman's hand74, the burden of proof is on him. Think of it, maybe there was no contract75? Rebbi Yose said, since he tries to forbid
her to anybody, he has to prove that they entered into the contract76. A case came before Rebbi Abbahu77; he said to him, go and deliver78. He answered, Rabbi, I did not acquire a wife and you say to me, go and deliver! Rebbi Abbahu said, it never happened to me that one got the
better of me except this one. He rephrased and said: If he changed his
mind, he shall deliver. If she changed her mind, she shall deliver79. Is that
not his former judgment80? He rephrased to give it the status of a court document81.
70 Vocalization of the ms. The follows Gulak, Note 69. The paragraph standard Livorno vocalization used in is also discussed by Nachmanides, this book would require Γητπ. Nissim Gerondi (Ran), and Yom Τον 71 The interpretation essentially ben Abraham Isbili (Ritba) in their 276 OIDDUSIN CHAPTER THREE
Novellae to 60a. 79 She has to return the gift or 72 And for some reason the prove that she never received it. [Both engagement was dissolved. Hammurabi's codex (§§159-161) and the 73 The valuable object promised in Corpus Iuris (V,l,5) double the value the additional contract. of the arra which has to be returned if 74 The text of the contract speci- the woman's party decides not to fies that the valuable object remain the proceed with the marriage. Talmudic woman's property even if the marriage law does not seem to have adopted this be cancelled. clause; it would be difficult to read it
75 If there is no written document into R. Abbahu's decision.] in the woman's hand, the burden of While the Babli does not know the proof is on her, not him. institution of symphön, A. Gulak sees in 76 If they were married, and the rules of symphön the precursor of therefore she is forbidden to any man the Medieval contracts of promise of in the world except her husband, he marriage. has to show that the conditions of the 80 He still insists that the man has contract were adhered to. to deliver the valuable object if he 77 In which the symphön stipu- cannot prove prior delivery. lations were not satisfied and the 81 As explained in the next marriage did not take place. paragraph, the symphön was drawn up 78 The woman stated that she did by three witnesses who could act as a not receive the symphön gift; absent court. A court document whose proof to the contrary, she has to be genuinness was attested to cannot be believed. attacked in court.
n^D ϊφη "τπν *τ>η Irin *τγι# .Nin rj? "pap'p -17? (63d line 36)
ν-τπ .71$ ony >3ψι τη!? ony i!? ιπ»ψ >τ? im tiv in-pa -ρυψι "IDW min vn ON ïqn ,γηνα VNVrç γιν-τ •>£) ïy IN ν!? .τηρίΝ Ν>Π"! .iôîn nìd ,νϊπ:? .ρψνρΐ?
.rmwN! nywn -»on -qdw .wbo ϊιπ n> .^yn Nb .-ioni -itnvy τ τ ττ· -τ τ ! ν - · : ^ τ ~ τ : ~ τ ν .nfnn -lipy1? .^ίρϋΐ .rmwN-i nywn ion Ν!? DN int* HALAKHAH 2 277
.-im 1Π3Ν >2*1 iroi oìiin Vinoi ΤΠΝ *Tyj W^P τηκ ly
ή3)?>φη ΠΝ T)>2Ì tny .-inw .vvm>î? .im NI >2*1 .ή3>3>ρ
,ΠΓΐίηκι τ>ηη Ninvy -at» ν!?ν τ -: - · - - τ τν The following is the way of contracting: One witness for the groom and one witness for the bride; these two together select a third in order to have two witnesses for each side82. That is, if not both of them agree.
But if both of them agree, both may invalidate the preliminary marriage83. As, e. g., 84"if he said, I copulated, but she says, I was not copulated with. Even if he changed his story and then said, I did not copulate, he cannot be believed since from the start he had said, I copulated. But if from the start he said that he had not copulated, the two together can uproot the presumption." If there was one witness for the groom, one witness for the bride, and the groom signed personally: Rebbi
Abbahu said, it is a symphòn%i, Rebbi Abba said, it is preliminary marriage86, for I am saying that he did not really intend a symphön but thought that it would permit her sister to him87.
82 We do not find in any other court document. talmudic document that the witnesses 83 If there is a symphön, both par- testify for one party. The witnesses ties can agree to call off the marriage. are supposed to testify to the genuine- If there is a dispute, the document has ness of the document, equally for both to be submitted to the competent local sides. Each side chooses one repre- court to determine that the relationship sentative and both together choose a can be terminated without a divorce. third in the constitution of a court of 84 This has nothing directly to do arbitration (Mishnah Sanhédrin 3:1). with the topic of symphön. The
The procedure justifies R. Abbahu's reference is to Yebamot 13:16, Notes position in the preceding paragraph 133-134: A levirate marriage can be that every symphön has the status of a contracted only by sexual relations. If 278 OIDDUSIN CHAPTER THREE the sister-in-law was living in the 85 Since there are three signatures, levir's house but claims that he never as required. slept with her, she might be able to 86 The groom may not appear as force him to give her halîsah. If they judge in his own case. Since the formal both agree, the court must accept their conditions of symphön are not satisfied, statement even though it may seem there is no symphön and the pre- unlikely that a man would not sleep liminary marriage is unconditional. with a woman available to him. 87 The groom might have wanted a Similarly in the present case, even document which would allow him to though a court will be reluctant to free marry the bride's sister if for some a preliminarily married woman without reason the preliminary marriage would a bill of divorce, if both parties agree end in divorce. But preliminary to the existence of a symphön, the marriage triggers all incest prohi- court will have to hold that the bitions; a symphön is valid only to preliminary marriage be void since it cancel a preliminary marriage if all was conditional and the condition was rules are carefully observed as not fulfilled. required for a court document.
.Vvm>p rmy-ppi "pflp'p inyro n>n .nrormi innr? tv (63d line 46)
•Tjrji .vym>p .-ion N*vy\ 13*1 oyñ »an >3-1 .-ion row)
»ani .»an bap .N^n m n>b im .»an >3-1 bap vbs tnnn Π3>3η - - : - •· ι- τ · ·· - τ - - - »τ: τ •· "τ: τ • ·
-nçu ,Ν^η ·>Ά-) ηοη N»»*fp ttn? .νύί^ rn im .Nin κ-iinp nwpn
νϊπ? Tai|>jo Nyrii Viani "pnnin n^arj >37 >)?ip N*niy νπν HWTI
.îjb ίον κ^η 'a-i Diri nw] N'b mm -15 bNiovp >3-ι n>b ion »an '3*17
.rpb Ny»t>o »an >31 ίον ,νιπ ν γαρ nw^n »ani .»an> b3p nniONi N>ni n^i3i-ip3 -imo nìd .τρπψΐ'ρ N'b ,-ioìn Nini .rMWTp
.rPb -1£N .·)? IN DN-! .NÍO >3"! >OÍp 'p-¡Í3 >3-1 3>Γΐη .V3iip3
.pym^p ìn γ\ΰψυ nid NbN .pap pao>p rpb
Only if it be with his and her agreement88. If it was symphön in his opinion and preliminary marriage in her opinion89, Rebbi Hanina90 said, it HALAKHAH 2 279 is symphön, Rebbi Haggai in the name of Rebbi Ze'ira said, it is preliminary marriage. Rebbi Hanina was taking up arms against Rebbi
Haggai, when Rebbi Hila said to him, accept Haggai, for Haggai is a thinking man; this is what Rebbi Ze'ira said. In the first Adar91, Rebbi
Hila died. In the second Adar, a case came before Rebbi Hananiah, the colleague of the rabbis, and he wanted to rule following Rebbi Haggai.
Rebbi Samuel bar Immi told him, Rebbi Hila was wrong when he told you, accept Haggai, for Haggai is a thinking man92. Rebbi Haggai said, a
Mishnah93 supports him: '"You married me preliminarily', and he says, Ί did not marry you preliminarily.' He is permitted her relatives but she is
forbidden his relatives." Rebbi Borqai asked before Rebbi Mana: Is it the
same with symphön94! He answered, a symphön is not doubtful but the
rules are identical for symphön and95 preliminary marriage.
88 While preliminary marriage arra and would have no right essentially is a unilateral act by the unilaterally to cancel the marriage. groom where the woman only has a 90 As shown subsequently in the right of refusal but no active role, a paragraph, he really is the later R. symphön is a contract between parties Hananiah, not the earlier R. Hanina. of equal standing. 91 In an intercalary year, when the 89 As A. Gulak (loc. cit. Note 69) 12th month is reduplicated as "second points out, since the disagreement is Adar" to make sure that Passover fall about the nature of the contract, not its after the spring equinox. contents, it is clear that even for the 92 Since R. Haggai reported R. woman the preliminary marriage is Ze'ira's opinion, rather than his own. conditional and will be void if any of 93 Mishnah 3:11. R. Haggai on his the conditions were not satisfied. The own shows that the Mishnah supports difference in the status of the contract R. Ze'ira since it shows that one party is that in case of preliminary marriage, can accept the consequences of the woman would have to return the preliminary marriage without imposing 280 OIDDUSIN CHAPTER THREE the same consequences on the other following R. Ze'ira. party. Since (Note 89) the preliminary 94 Do the rules of Mishnah 3:11 marriage even in the woman's opinion also apply to symphönl was conditional, the ability of the 95 Reading in as ix(n), not is (A. groom to unilaterally terminate the Gulak; cf. also S. Lieberman, νιπ=ίχ=ι, relationship is not impaired if one rules Tarbiz 4, 1933, pp. 377-378.)
>i*PÖ>ri .VV) •Vii»? PVÑ^I? no pajp'p ^ini \!rpp (63d line 56)
*T5 ."pvyTva m lyji NÌ? .-ion roi> .pwm^ ni ly« ΉΡΝ ^17
riN^v ο^ψ'^ψ ιηκ> .mrm:>i >VPo!?ri iVny rov >5-) 707
îprin np ."pvy'n^ ni Ni? ni ."DON Î^N·) .03
.Nvyî^nb mwN .-»on ni >3-1 .N\M>ni> mnio ."»on vqn m .·ρ£>ο'υ ·· τ · s τ -: - τ τ · ·· τ • : ν ν - τ τ - · ' :
Η3 -ΙΏΝ ,·ρηί> ιρπ >:rn >ÌIN ΓΙ>Ι> ϊ7Νψ NÌO >17
πο ,-ιον Νίη υ^ιορ im VTS .τ»>3 Ηψρπι 96.DN NID nart>? "im
Na >:η .ή£))ρ>υ .-»ON Ν30 rn ."ii3»p">p ijiJii CP717 rv^w ."ρπρΓίψ ÎJDI
•N30 >5*17 Nin> v^n ρψψη"! .ρψι^ρ .-»ON
If he performed a preliminary marriage during the validity of the symphòn, this is unconditional preliminary marriage97. If he divorced98, the students of Rebbi Jonah said, divorce touched her99; Rebbi Jonah said, divorce did not touch her100. When Rebbi Jonah died, his students acted following him. They said, since after 30 [days]101 she would leave without a bill of divorce, how can you say that divorce touched her? But divorce did not touch her. If he died during the time stipulated in the symphôn,
Rebbi Abbahu said, she is permitted to marry; Rebbi Abba said, she is not permitted to marry102. Rebbi Mana asked the family of Rebbi Yose's father: How did your master usually act? He said to him, when it was a long time103, he said that she should go and marry immediately. If the time was short, he said, what is the hurt if she waits? If he sent things HALAKHAH 2 281 during the validity104 of the symphön, Rebbi Mana said, [it follows the rules of] symphòn; Rebbi Abba said, [it follows the rules of] preliminary marriage. The rabbis take note of Rebbi Mana's opinion105.
96 Probably this should be 'ax, to conditions and force the widow to be read "i»x (Qorban Ha'edah). contract levirate marriage with the 97 An unnecessary procedure since brother of the deceased. If a symphön based on the symphön he could follows the rules of conditional proceed immediately with definitive preliminary marriage, the woman marriage, retroactively validating the cannot marry another man without the symphön as preliminary marriage. His family of the deceased giving up their action overrides the symphön. option. The widow/bride naturally
98 During the period specified in could exercise her option to invalidate the symphön. This also is unnecessary the symphön, but then she will have to since the contract permits each party to return the arra.
declare its unwillingness to proceed 103 If the end of the period with the marriage, thereby eliminating specified in the symphön was far off, the preliminary marriage. to require the woman to wait would be 99 She is forbidden to marry a an unreasonable burden on her. Cohen. 104 In addition to the contractual 100 It is as if a man not married to a arra, the groom sent additional gifts to woman divorces her; she is not touched his prospective bride. If these are also by that action and free to marry a considered arra, the bride keeps them Cohen. if the marriage does not take place by 101 Or any other period specified in the action of the groom; if they are the symphön as final term for the engagement presents they have to be definitive marriage. returned. 102 This discussion presupposes the 105 If the marriage does not take opinion of Rabban Simeon ben Gamliel place, it would be incumbent upon the (Note 68) that the family of a man who man to prove in court that the gifts dies after conditional preliminary were specifically designated as marriage has the option to fulfill the engagement presents, not arra. 282 OIDDUSIN CHAPTER THREE
ïy .V? vy>i τιψιιρ)? ή nrj isy lis π>ι >> νΜψ iw? ïy niv» (foi. 63b)
γι3>ν ihù on·; ηψιιρρ oipjp iniN} ii? Φ on oipm >> rop
ON") .fi32S"V"î πψιιρρ it nn nay ns π>ι :ρΝ")Νψ ^ ηψΙ^ΡΡ
Ί> >üOJp 13>Νψ >N3ï} ÌOW TNÇ >31 .ΓΙ^φρρ Π3>Ν D^pll >311 Ί> >31 ON Dfl>>N Πψ)3 >N3Jp Ì3>N "piN") >311 îp-u IQÌN ^N>>)3S li n>33ini >i-> O?^N o^ibn n^ü? OÏSI ."ΙιΐΝη .l!?n3> H ï ")i»3D ^Ί.ΝΙ ίΐ»3Νψ ί>»ψ)? 1 W> p Ì"I>3ÌN> ΙΙ^Π ΓΡΠ Mishnah 3: "On condition106 that I possess a bet kor of arable land," she is preliminarily married if he owns it. "On condition that I possess it at place X", she is preliminarily married if he owns it at place X, otherwise she is not preliminarily married. "On condition that I shall show you a bet kor of arable land," she is preliminarily married and he has to show her107, but if he showed it in the valley108 she is not preliminarily married. 109Rebbi Meïr says, any condition which is not formulated in the manner of the condition imposed on the tribes of Gad and Reuben is invalid110, as it is said111: "Moses said to them, if the tribes of Gad and Reuben cross over . . . but if they will not in arms cross over with you, etc." Rebbi Hananiah ben Gamliel said, that formulation was necessary112 for otherwise one would have understood that even in the Land of Canaan they should not inherit.
106 He gives the woman a perutah the title to his land later. as marriage gift and specifies that he 107 Since he said "to show", it means preliminarily marries her as owner of a that she has to see it with her own bet kor, 30 bet se'ah or 75Ό00 square eyes; it is not enough for him to prove cubits of agricultural land. If he his ownership to her. actually is the owner of the land, she is 108 kv¡?3 everywhere means open married immediately; he can show her agricultural land not easily accessible. HALAKHAH 3 283
In all these conditions, a claim of ceptable. ownership is understood. 111 Num. 32:29-30. 109 In the independent Mishnah mss. 112 The involved formulation of the and later in the Halakhah here starts a deed of Transjordan to the tribes of new Mishnah 4. Gad and Reuben was necessary under 110 He requires that a condition the circumstances. A simple condition spell out (1) what happens if the is valid; it is not necessary for a man to condition is satisfied, (2) what happens say: "Be preliminarily married to me on if the condition is not satisfied, and (3) condition that I possess a bet kor of the positive statement has to precede arable land, but be not preliminarily the negative. For him the simple married to me if I do not possess a bet formulation of the Mishnah is unac- kor of arable land."
nni π>?3η >ιί .'^id nay -ns γρι >> ιυρ ïy :» ris^n (63d une 65)
>(30 Ίΐ7 ηψί» >33 .IKIN'T ικη ñw .Ny? >ryj
IN ,1·>Ό3 Ì0 -riv Nb PK] Ν1Π PN .»t03 W-p? »33 ΊΗψ >3ÌÌ73
m ,-iQN η >ΐΓ)ί .noran riiwwn riyyiri> rm1? i>rp7 N>n Np3w
1Ό3 NÌD PN W")» ΊΝψί >3Ü73 WV)?") >3ίϊ>3 "ΠΙ Πψί>>
.N3>)? Ν^Ι Nb 2t>3 tÖ tö pN")
Halakhah 3: "On condition that I possess a bet kor of arable land," etc. Rebbi Hananiah the son of Rebbi Hillel asked113: If somebody said, my son A should perform action X and receive property Y, and the rest of my sons shall inherit my properties; if he performs, he takes, but if he does not perform, he does not take114. Or maybe it is a difference since it is written: "To give to Nine and a half tribes.115" It is as if he said, my son A should perform action X and receive property Y, and the rest of my sons shall inherit my properties; if he performs, he takes, but if he does not perform, he does not take from here or from there. 284 QIDDUSIN CHAPTER THREE
113 He asks against R. Hanaiah ben excludes the Transjordan tribes from
Gamliel. property in Canaan. Therefore, R.
114 This does not disinherit A from Hanaiah ben Gamliel's argument is sharing with his brothers. correct. 115 Num. 34:13. This verse clearly
bV din ΓφρΕ .Νπ^ιηη >y>? .iirpy ïy otn n^n .·)3>3ΐ) -pan (63d line τι)
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n>'3\y ν ι N»3VD τη Ν^ y ι τηΝ Nb inn
118There, we have stated: "A person can impose a condition of his
'eruv.u9" So is the Mishnah: "A person can impose a condition of his HALAKHAH 3 285
'eruvin,120" Rebbi Eleazar said, who is the Tanna of "if they came", "if they did not come"? Rebbi Meïr121! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddusin122. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain123. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition124. Everybody agrees that if he said, after rainfall125, if it rained she is preliminarily married, otherwise she is not preliminarily married. Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there126: "If it be in doubt, Rebbi Meïr and Rebbi Jehudah say, he is a camel-donkey driver.127"
Rebbi Yose said, Rebbi Meïr said this only as a restriction128. Rebbi Mana said, that is correct. He cannot acquire his 'eruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place129. And here130, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since [the first] did not double his condition. Rebbi Haggai asked before
Rebbi Yose131: Is this "if" not a reaction? He answered, there is a difference since the land was in their hand132 and he wanted to take it away from them.
116 The scribe wrote )"an for van Halakhah, the text is also in Eruvin 3, by a slip of the pen which made the ι 21b line 1 ff. too long; the corrector changed 119 The rabbinic interpretation of
Galilean van into Babylonian wan. the biblical commandment that (Ex.
117 The opinion attributed here to 16:29) "nobody shall leave his place of the rabbis obviously is R. Meïr's. residence on the Seventh Day" is that
118 From here to the end of the on the Sabbath one may not go a 286 QIDDUSIN CHAPTER THREE distance greater than 2Ό00 cubits from This remark belongs to 'Eruvin, not to the boundary of the built-up domain in Qiddusin. which one resides. Since by tradition 121 He will hold that even if there the diameter of the encampment of the was only one 'eruv, it has to be spelled Israelites in the desert was 12 mil, out that the 'eruv shall be invalid if 24Ό00 cubits {Shevi'it 6:1, Note 28), and there is no danger; otherwise the certainly the Israelites were able to person making the 'eruv can never keep freely move in their camp on the the Sabbath with the other inhabitants Sabbath, it is clear that the restriction of his place. to 2Ό00 cubits is purely rabbinical. 122 Mishnah 'Eruvin 3:5 is a direct Therefore, it is open to manipulation. application of Mishnah Qiddusin 3:3 One of the accepted ways of and the baraita quoted in the sequel. manipulation is for a person to deposit 123 If a perutah changed hands and some food, the 'eruv, at the border of a definite time was given for the the permitted domain and declare that duration of the condition. he intends to consider the place of that 124 If it was not stated explicitly food as dwelling for the coming that there was no marriage without Sabbath. Then he still can move freely rainfall, the condition is void and the in the built-up domain, which is marriage valid unconditionally. counted only as 4 cubits, but he has an 125 If the perutah is given with the additional 2Ό00 cubits on the other understanding that it is counted as side of the 'eruv, but nothing on the marriage gift when it rained before a opposite side of the built-up area. fixed date, that explains the modalities Mishnah 'Eruvin 3:5 permits a person to of the preliminary marriage, it is not a prepare a number of 'eruvin which are condition. mutually exclusive, and say: "If 126 Mishnah 'Eruvin 3:4. Somebody attackers appear in the East, my 'eruv put an 'eruv near the Sabbath boundary. in the West shall be active; if they If it was somehow moved and now it is appear in the West, my 'eruv in the not clear whether it is inside or outside East shall be active; if there is no the Sabbath boundary: If it is still danger, I shall be like the other within the boundary, the person inhabitants of my place." making it can reach it on the Sabbath 120 Since there are at least two. and it is valid. If it is outside, it cannot HALAKHAH 3 287 be reached and is invalid. If it is in he had decided not to be part of the doubt, according to rabbis Meïr and population for the coming Sabbath. Jehudah, the person making it can only 130 A hypothetical case in which a move in the domain permitted both if first man contracted a preliminary the 'eruv is valid and if it is invalid. marriage conditioned upon the timely 127 The donkey driver has to go arrival of rains, when a second man behind his animal; it will not move contracted an unconditional otherwise. The camel driver has to go preliminary marriage with the same in front of his animal and draw it by its woman before the arrival of rains. bridle; it will not move otherwise. The Since she was not married when the camel-donkey driver cannot function at second man came, it is impossible to all; the usual Babli expression "donkey- say that the latter's preliminary camel driver" describes one who cannot marriage were invalid. It is also move from between the animals as impossible to say that it were valid, similar to the person with an 'eruv in since the first man's condition was not doubt who cannot leave the four cubits stated in the double formulation at which he started the Sabbath. required by R. Meïr; she needs divorces
128 R. Meïr requires a double from both men.
formulation of a condition only for 131 This question is directed against marriage and divorce, not for 'eruvin. R. Hanaiah ben Gamliel. What was the While this is also the opinion of Rif, necessity of the double formulation in most interpreters of the Babli hold that the case of the tribes Gad and Reuben? a double formulation is always The question should be asked not for required. Cf. Sefer Ha'ittur I, p. 74 ff. the negative part but for the positive; 129 The fact that the person with was it necessary to state that the tribes the 'eruv in doubt is a donkey-camel will get the Transjordan territory if driver has nothing to do with the they come to fight in Canaan?
requirement of a double formulation. 132 They already were in posses- The 'eruv cannot be valid if the person sion; to make this possession con- cannot reach it on the Sabbath; the ditional needed the involved formu- person cannot have the domain lation. available to the other residents since 288 OIDDUSIN CHAPTER THREE
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.riinvi "1 ν i NV3 V331T l'un γιήγι "ι 2 pnv "i y ι νπν "i oib\y ρ ν ι ·ρσ>σ na 1 ri'b ν ι Nb ·ρι-ο ν ι 3 πο^ί y ι ">*? nob 'ya -pan man rran 'ί n>oi> ι HT)H DV3 y ι oi>b uopo ν ι n«p>n ·)ΐτη y ι 5 πν .-jnw y ι tun γ1? 4 y ι >σι> 7 b>3D> y ι bioab -ιη»ι y ι *ιηΝ'ΐ V ι "î'^V 6 iba dì' νπν y -ιαιη o\y by y ι min 8 πυι>
Rebbi Jehudah bar Sisin133, Rebbi Jehudah bar Pazy in the name of Rebbi Aha. They formulated the symphön according to Rebbi Meïr134. Rebbi Hananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Johanan: The following is the contract text: "I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you." Why can he not say "on condition" but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage135? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from "no" you infer "yes", except here136? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery. HALAKHAH 4 289
133 An Amora of this name is not the preliminary marriage if the otherwise documented in Talmudic conditions are not satisfied. literature. Probably the reading of V 136 The Babli (Nedarim 11a,13b; "R. Jehudah ben Shalom" is correct. Sevu'ot 36a) emphatically holds that R. 134 Since it states both that there is Meïr requires a double formulation preliminary marriage if the conditions since he does not infer a positive are satisfied but none if they are not statement from a negative one. For satisfied. example, a statement "this shall for me 135 Even the rabbis must require an be not profane" implies a dedication extra stipulation which will eliminate for the rabbis but not for R. Meïr.
nm niip Ν>ηψ >n»n iìito "iioní ηψκη tin wippn tiîv» (foi. 63b)
N'n nm rrvyiy mT>v>y: ton nrp_ rwy ri^b ν>π nrn rm> rm!p wn
/injnpn Ν >3?» πψηιρρ ύ nr)
Mishnah 4: If a person contracts a preliminary marriage with a woman and then says, I was of the opinion that she was a Cohenet but she is a Levite, a Levite but she is a Cohenet, poor but she is rich, rich but she is poor, she is preliminarily married since she did not trick him137.
137 His relations with other people opinions, as long as he alone is are not influenced by his erroneous responsible for them.
.'^Ό 'ÍOJ^S ,-lOÍN "PN» :ï (64a line 20)
.•pupinb Γΐ\έφρρ owa ^»ψ .onyn ÎÏ»£>N ηψ^ιρρ
Halakhah 4: 109"Rebbi Meïr says, any condition," etc. Rebbi Eleazar said, she138 is preliminarily married as if by witnesses. Rebbi Samuel in the name of Rebbi Ze'ira: She is preliminarily married as a restriction139. 290 QIDDUSIN CHAPTER THREE
138 A woman preliminarily married Cohenet, as long as she did nothing to with a condition that was not expressed suggest that idea to him, she is validly in double form and was not satisfied. married.
He holds that for R. Meïr she is 139 For him R. Meïr agrees that the married unconditionally. In the opinion woman cannot be married if the of Nachmanides (reported in Sefer stipulation was not fulfilled. But he
Hatterumot 51:6) the statement does not will hold that if a second man married refer to the preceding Mishnah, but to her, she needs a bill of divorce from
Mishnah 4: Even if there are witnesses both of them since both of them have who can testify that the groom told equal claim on her. them that he was going to marry a
rPD>?Ü .·ρν>?Ψ> n>Tl ,·>Ώ>Ν OWIl ΝΠΚ na ü'pV? >3"! (64a line 21) wjj .-ion j^Nf ν "τ γι a»n laiNn "IV"!?^ ^ ^
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Nini Nnin? Ti^iiN ,n>> n»Ni .N3O >an >pip Niaiy ΝΓΙΝ
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.a»n TO mirppa nía?? n^ bn? p n!? Ήηψ3 nçn YI WH >an
>aa νψρη n^y vnín ηκ» nn?n> a»n ηιη na *τη
Niaiv νγικ .D1Í73 n>> irm ν'!? κό>ό")Ρ t? n^ pis ion;
Vwiv >an im insy yan .py-p ·)3?α an ^vn .ηοκ ,>ks>k >an
.not nDH .pn>?N ìorrj pían .nn?n!p non ,ρ-τ n>a y*ri»
>on g ι >o'n imi g ι ΊΚΠ 12 HALAKHAH 4 291
Rebbi Jacob bar Aha in the name of Rebbi Immi: Reuben owes to
Simeon; he transferred [the debt] to Levi140. Levi became poor141; then
Reuben owes nothing to Simeon. That is, if it was not done in bad faith, but if it was done in bad faith, he is obligated.
Similarly, the pedlars directed the village wax chandlers to a merchant.
The merchant absconded. The case came before Rebbi Mana, who said, if it is a matter of pennies, they were negligent142. If it is a matter of denars, it is the way of merchants to move around.
A person met another in the market place. He said to him, give me the linen which you hold for me. The other responded, give me the denar which you hold for me. The first said, give me the linen and deduct the denar. The case came before Rebbi Mana, who said to him, you admitted that you owe him a denar; he did not admit anything about the linen. Go and give him the denar! Rebbi Jacob bar Aha said, Rebbi Immi143 will agree that this is not the law but that he obligated him lest the other deny his liability for the linen.
A person owed another one 100 denars on a document144. He sent 50 with an agent and instructed him: If he does not surrender the document, do not give him anything. The case came before Rebbi Immi. He said, go and give it, for we know. Think of it, Rebbi Immi [might die]145! One writes for him a proclamation of the court146.
If one accepts for another person, the rabbis here say, what he accepted, he accepted for the claimant.
140 And Simeon accepted the because it frees Reuben from liability assignment, thinking that Levi had as long as he did nothing to inflate good credit. The case belongs here Levi's credit in Simeon's eyes. 292 OIDDUSIN CHAPTER THREE
141 Levy and Kohut explain as "who said" of L. The emendation of
Greek απορεω, "to become poor". Pene Moshe, ποτ instead of im, is
142 The wax-chandlers should have confirmed by the Genizah text as to collected their debt expeditously; but meaning but not as to formulation. for a large debt the pedlars remain 146 The agent was not empowered obligated. to pay the 50 denars without getting
143 One is tempted to read "R. the document; the creditor was not
Mana" for "R. Immi". willing to give the document for less
144 Greek χάρτης, Latin charta, than full payment. R. Immi told him to
"papyrus, roll of papyrus". deliver the document and receive a
145 Reading of the Geniza fragment. court document instead which
It makes more sense than the reading documented the remaining claim.
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•piri ^.ψΝ tew -içn: .ti "TiV no .γρ> ion .:ρτ3 te
VI η·>Ά ιπίΝ .rite -»on: .ρ rnnv ne .vite -»on; .oììcd ·)3·>ο npao
.ni-ίίη ri^iv nyis-p nias ηρίη Visiçi TDSN nw
"ION 3^ί<7 •Hl*'? W 'ΓΐρίΤ Ηβψ .WinM
JUNIO îiop'P mnn DI? .iivao riapro N!TT Ninn? in '5-)·) rp^n .nnrin!? ηυψ ^ίπρη pi!? ιηη ή y? ή!? aç?
.Niovy nte -rtm tü κϊ .inn γοίγϊι ion TT! .. T _τ ττττ _τ 1»V3 inn \y>n yob ν ι HWÏ jnoNrwi ο ι ΙΟΝΓΡΝ 2 >npa ο ι 1
PN O I pa 4 - O I poi p>3t O I ΓΡ3>0 O I ΊΊΠ)>α 3 »V3 11ΓΙΝ O I
6 Ί5ΠΠ O I ΝΊΠ ΊΠΝ 5 ΤΙΓΙΝ Ο I Tfrw -IOW Ό I now Î1N30 O I Π1Ν30
Vpao o I npao 8 >iwn o l >wn 7 >on πν o I "on 'vroai o ι iiíisdi HALAKHAH 5 293
ι Nina 11 -ιη·>τπ ο ι -ion jin7 nnnNi o ι >ϊι-ιονι 10 D»sno o ι i»:sno 9
O I 3ΠΊ N-TD O I V*T p£J'0 O I 303 12 ÎT)N3\? V I JY)>3Ü ΝΊΠΠ3 O
i>naT o ι uní (2 timos) ϊ?ηη
147Rebbi Dositheos ben Rebbi Yannai and Rebbi Yose ben Kipper descended to collect there for the colleagues when they were slandered.
They asked but were not given anything. Then they came and wanted to take it back from them. They answered, we already acquired it. They said, we wish for you to accept it in good faith; they answered, we are unpaid trustees. They approached Rebbi Dositheos ben Rebbi Yannai who told them, there it is, all of it. They took Rebbi Yose ben Kipper, whipped him with ropes, and took it from him. When they returned here, he went to his father and told him, look what your son did to me! He asked him, what did he do to you? He answered, if he had taken my position, they could not have taken anything from us. He asked him, why did you act in such a way? He said, I saw that they were a unanimous court, their hats were a cubit wide, they were directing blows, my brother Yose was bound and the whip ascended and descended. I said, does my father have another Dositheos? Rebbi Haggai said, you say that for somebody who cannot give a warranty in good faith. But if somebody gives a warranty in good faith, one takes from this one and gives to the other.
If somebody forgave a bond to another person: Rebbi Hanania and
Rebbi Marnai: one said it is forgiven; the other said it is not forgiven unless he handed over the bond.
147 Text and translation are from text, reserving less than one line for
Gittin 1:6, Notes 181-199 (O). The the entire quote.
Genizah text simply refers to the Gittin 294 OIDDUSIN CHAPTER THREE w >> πψ'ΐιρρ jpN nD riwKb -ιηίκη :τι rove (foi. 63b)
•p'PV? -ΙΠΝ> >Ί*ιπΐΐψ3ηψ ~ιηκ> ÌN -ιηηηψΝψ ΊΠΝΪ? -ΙΠΝ>
1?·; .ηψιιρ)? riî'N TT'joa-» îpriinN ηιηηψ nní<> w
.οι!?? IÖN »> Γΐψιιρ>ρ N'n nri nn>p? qj^N rn>;; DN i-vnnb -ιρίκη
Mishnah 5: If somebody say to a woman: You are preliminarily married to me after I convert, or after you are converted148, after I am freed, or after you are freed149, after your husband has died150, or after your sister has died151, or after your levir has given you halîsah152, she is not preliminarily married. Similarly, if somebody say to another, if your wife have a daughter, she shall be preliminarily married to me, he did not say anything153.
148 While marriage exists for sister you are unable take, to be co- Gentiles, preliminary marriage is a wives, to uncover her nakedness in uniquely Jewish institution. If one or addition to her, during her lifetime." both parties are Gentile, no preliminary The act of preliminary marriage is here marriage is possible. defined as impossible during the sister's 149 A slave cannot marry. There- lifetime. fore, if one or both parties are servile, 152 This Tanna follows the majority no preliminary marriage is possible. interpretation of Deut. 25:5, which 150 A married woman cannot marry reads: "If brothers dwell together and another party. A preliminary marriage one of them die without children, the in anticipation of the husband's death is widow of the deceased is unable to be impossible. an outside man's." Cf. Yebamot 1:1, 151 If the man was once married to Notes 93-103; Note 166 below. a woman, her sister is forbidden to him 153 A marriage contract cannot be during the woman's lifetime. This is concluded as a futures contract on the only incest prohibition of Lev. 18 anything which does not yet exist. The for which no criminal penalty is Mishnah in the Babli states in addition indicated in Lev. 20. But Lev. 18:18 is that if the wife of the prospective read as: "A woman in addition to her father-in-law was visibly pregnant, the HALAKHAH 5 295 contract is valid. The Halakhah shows moment of her birth, not while she still that the Yerushalmi clearly holds that is in her mother's womb, a woman is said to exist only from the
>»ip "py? ,'bìD rrçmpp j^n nr) twn!? ·>)ρίκπ :n nabn (64a line 52)
,ιν^^ψ ib^n m^npn ^ nomi it nrj .i>?ìn!? no .^ni·» >2*1
.eg >51 3>rin π>ι vn ion Dia mìty vy> ijari .yù ion
γρ!?γο -nnn\yn\yD^ ,!?öö -12 Ni ·>ΆΊ .innsw nn>n\y tmsy van ...... Τ Τ - Τ · ~Τ Τ ! · Τ ! IT V Ί Τ ! r- r " " .niON riüia IT^ÎÏO G I 4
Halakhah 5: "If somebody say to a woman," etc. They asked before
Rebbi Johanan: What is the difference between this and one who says,
"this shall be heave for this standing produce after it has been cut"154? He said to them, there, it is in his power to cut; but here, it is not in his power to be freed155. Rebbi Ephes asked, think of it, if she was his slave girl156?
Rebbi Abba bar Mamal said, "after you are freed", she is made dependent on another person's will157.
154 It is impossible to give heave soon as the obstacle to his contracting from standing grain since the is removed? The same question is obligation of heave starts only at the asked in the Babli, 62a. end of the harvesting process. 155 But it is uniquely in the power Nevertheless, the farmer can set aside of the slave's owner, or, in the case of a certain amount for heave at the start Gentiles, in the power of the rabbinic of the harvest to cover everything he court to whom they must apply for will harvest in the future. Then why is conversion. it impossible for somebody who at the 156 Since it is in his own power to moment is unable to contract a free her. In the Babli, 62b, the question preliminary marriage to give a gift is attributed to R. Abba bar Mamal. which is to become a marriage gift as 157 In the case of the owner 296 OIDDUSIN CHAPTER THREE marrying his own slave girl, it is purely freed, by one action he sets her free a matter of formulation. By making it and marries her (R. Moses Isserles in conditional, "if you be set free", he Sulhan 'Arukh Yore Dea' 267:58). (The abdicates his own power. The classical commentators of the
Yerushalmi will agree that if the Yerushalmi incorrectly read the Babli's owner simply marries his slave girl, explanation into the Yerushalmi text.) without mentioning her need to be
.•)n>?N .V1>T1> ·ρΐΓ) 17V >3*1") n>VWÌn >3*1 .NO'!?! (64a line 57)
>> •»ψ'ίρηψ ή nona νγι .nwNb "inwn .vym>p3 n^o Nin
-ion κ!? .-pm nabi ,·>ρν >3-> don ,ήη> ηη^ι -pom .inn .^w-iw^p^
NDH") .ΠΊΠΝ ΓΙ^Ι .!?)?)? 13 Ν3 '31
ΠΊΓ) VÛ3 -α -τη ,·>ψ)7 ρη N»\Í>Í72 xy? ri* γπ .ϊηρΝ ην!?
κιττΐ inrif njn,ï >ΙΓ) .η1? "ΙΏΝΠ ηηιη TT>Q7Î? ,κη>κ κιη NW^P i* nona κη N^ÎS wn -pny ,N\y>i rrriyi ^>Γΐψΐΐ?)ρ ^
.in» >> πι NV3 IN G I VN 5 Ρ Hï G I Nb 3 Τ^Π G I ΝΠ IIWNl? G I TTON^ 2 >πν>-τ G ι !?w Nim pny-τ g i ny*p 6 -Gimn n»\ypn >ya G ι N»wpo Nin no G ι ina vnj»^ g I "ivunvo^ rwu rmyi G l nto rvriy-τ ι
The elder Rebbi Hoshaia and Rebbi Jehudah Nesia were sitting together. They said, let us say something on the subject of preliminary marriage. If somebody say to his158 wife, here you have a perutah that you should be preliminarily married to me after I have divorced you, what is the rule? They laughed and got up159. Rebbi Yose said, why did they laugh? Did not Rebbi Abba bar Mamal say, "after you are freed", she is made dependent on another person's will; and here "after you are divorced," she is made dependent on another's will160. If you want to find a difficulty, ask the following: A person went to preliminarily marry a HALAKHAH 5 297 woman. Another person overtook him and said to her, you should know that the man who is coming to preliminarily marry you has a bad mind.
In the future he will abandon you. But here you have this perutah that you should be preliminarily married to me after he will have158 divorced you161. What is the rule?
158 Translation follows the Genizah 161 It was shown in 3:1 that if a man text. gives a gift for preliminary marriage 159 The Babli, 62b, takes R. stipulating that the marriage be valid Hoshaia's question seriously. Naturally, only after 30 days, and another man the answer to the question as stated is came, married, and divorced her within simply that the action is invalid since a those thirty days, the first man's married woman cannot marry again marriage is valid. The problem while married, not even her own naturally is that "30 days" is an husband. objective standard, not depending on 160 In the opinion of the Babli, the another's will; but the clause "if the reason is that while the husband can other man will have divorced you" divorce her unilaterally, he cannot makes it dependent on another's will marry her again against her will. This and invalidates the preliminary is the "other will" which is involved marriage. here.
ή ri>>\? .niitti?} OK la-lf? to^n niyo? HD Ì^E -pari (64a line 65)
,-iKpri VK iyna>?> .η3-)ψη .τίξηψ} nw ON ^-»Î?
.!?*>>? Nb .MI1?·!
There162, it was stated: "These orchard trees shall be qorbän if they are
not cut, this garment shall be qorbän if it is not burned." And it was
burned. Were they sanctified retroactively? He committed larceny. If
you say that it refers to the future, he did not commit larceny. 298 OIDDUSIN CHAPTER THREE
162 Mishnah Nedarim 3:6 and the few words from the first paragraph of relevant Halakhah (Notes 110-121). the Halakhah, ending with a complete The text here does not make any sense copy of the last sentence, a sign that and is not intended to make any sense. the copy now starts in earnest. It is The Genizah fragment starts the quote clear that both scribes of the Genizah of the Mishnah; the missing part of the and the Leiden mss. considered the line contained an instruction to Nedarim text as the original for continue the text in Nedarim. The Qiddusin. For the reader's same is intended here. We have a convenience, here is the text omitted quote of the start of the Mishnah and a by the scribes:
Halakhah 6: "These orchard trees shall be qorbân," etc. If he saw the king's cutting crew coming near, if he saw fire coming near, and he said: These orchard trees shall be qorbän if they are not cut, this garment shall be qorbân if it is not burned or torn. Were they sanctified retroactively or only for the future? What is the difference? If he used them. If you say that they are sanctified retroactively, he committed larceny. If you say that it refers to the future, he did not commit larceny.
.ίον uni·» >η-ι ."ijwn^ ntn ηπ? .ίον (64a, line 68)
VN .rö -ma .lin? ^ i>n .·)3ηί> ïy νπ^γιο .p'rr?
on .Νίπ n»¡?\n -IONI INO ,·>υν rn -ION .pia id!? ·)>Π3 .-»oìn Nin lori ,·>ρν η>ΤΊ\ρ·>ψ π3>ορ .inw"TT¡7 ino ny^a ΊΠΝ Π3φρ iy¡?£l Ν> -ΐηΝ> DNW>3 .-ΙΟΝ NÌD NOm -lW^I? lö)? ΊΠΝ ΓΙΓΙΝ·) -α?ρ ΓΙΠΝ .nion? >Γΐψ τύ iriw? Ν!Π ND'-IS Ν'!? ."pym'i?
.ino nvñpvób τ τν îit ! γ : · 5 ON 1 I -I01N 4 163ΠΟ J I INK) 3 163133p>\!OÌ7 J I ISSpVO^ Tb J I ini? 2 163™\y-rt>\yDi> j ι rwwwDb 7 inwa j ι ÎÎIÎWD riD-iis J l 164ND>IS 6 -11 ΙΠΝ
165Hizqiah said, if he redeemed them they revert to their sanctity.
Rebbi Johanan said, if he redeemed them they are redeemed. The
Mishnah disagrees with Rebbi Johanan: "These have no redemption." He HALAKHAH 5 299 explains thus: After they were cut they do not need redemption. Rebbi
Yose said, what Hizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if
[another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddusin [of the firstl were not removed! All that is questionable for him is if he gave her two perutot, one for the moment and one for after he divorced her; what is the situation?
163 Clearly, the spelling in Nedarim word is in Nedarim. is the correct one. 165 Nedarim 3:6, Notes 114-121. 164 A Babli word; the Yerushalmi
VWVPp VW V>3)3 .O'í'p* η)??·) 0>ψ!?ψ upr? >NÍ> ION (64a, line 75)
Ν'!?ψ ,-k rmnn n»n γι^ν n>rm n'ì? ini!? iì»>ri .n»i>i ppain inN> iN .N'n nrpino ΊΝί» .pnv m n>!? ION n»m na ΝΓΡ ! · τ • : - τ: 'τ τ ·· ·· -τ τ: ττ-: τ ··! 0>>·ΐΠ ÜÍ>(7>3 Π)Γ)1 .ΓΙ\έφρ>3 Π3>Ν ΦΡΙ' TÏ? "ΦΟϋΨ
·)Γ1 .-α*Τ 'fl-pn ΓφψΝ) Πβψ·) 0?Γ) ^
\y>p!? ·)2 ήνηΨ η'1? 1QN ."ω ηρ> ηυίη non νοψ? ."tiv θ3η>
.low ni>py >511 .ni'pv rò iría nìd N»pV?>p γ^Η'^ ini
ñipe IJnv Η I >NJ> ΓΡΠ1 Η I ΠΙΠΙ 4 Nbì Ν I ϊίΟΐ ΊΠΝ ^ϋΝ Ν I Ρι1? Η I Π3 3 Ν3Ν Ν1Π Ν I Ν1Π 7 - Ν I fpb - Ν I "1>ϊ 6 - Ν I 131 ><3Ί1Π 5
166Rebbi Yannai said: More than 30 Elders voted: from where that qiddushin have no legal effect on a sister-in-law? The verse says, "the wife of the deceased may not belong to any outside unrelated man", that she cannot have any existence with an outsider. Rebbi Johanan said to 300 OIDDUSIN CHAPTER THREE him, is that not a Mishnah? "Or after your levir will have performed halïsah with you, she is not preliminarily married." And Rebbi Yannai praised him "those who pour out gold from the wallet," "my son, they should not be removed from your eyes," "get wise, my son, and make me happy, that I can answer those who insult me", "give to the wise that he shall become wiser," "let the wise listen that he increase in knowledge."
Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law!
166 Yebamot 1:1 (N), Notes 95-100. paragraph again is only worth one In the Genizah text, the entire line's mention.
>a*V3 >t>V >3"! .OJ 13)3)? ron* wriv^a .">OÌN !?Ν1)3ψ (64b, line 7)
.rpni? ΐΐΐ>3»ψ -ιηκ> ,*i»n on !?in .tpnn? y*? -ιπν> .pa
ο'ΐψ w ni ηψιpipo ni ,n»n >ΙΊ -»ari .ηψιιρφ i* nrj
->oiNn -pi ."p rnrpN njví^o .HÍo > ·η -ien ,ηκη? ηψιρ^ο τη^ οίη .otos ->ΟΝ η1? .>> ηψιηρρ Ν>Π nrj ^ΓΐψΝ ON i*vir£
,πψ-τιρρ it ηη o^iyi ηη?η on νγι .o^iyi η3>Νψ ηη>3ΐιη ησι> G ι νγρϊγιο nîq 4 γπον ηη>3πο G ι νγρϊπο 2 πσι> G ι >σν> ι
167Samuel said, in our poverty, she needs a bill of divorce from him.
Rebbi Yose ben Rebbi Abun said, the Mishnah [said], "after your levir has given you halïsah"; but if he said, "after your levir has died," she is preliminarily married168. 169Rebbi Hiyya stated: A one-day-old girl can be preliminarily married by money; a girl of three years and one day can be preliminarily married by intercourse." Rebbi Mana said, the Mishnah implies this: "Similarly, if somebody say to another, if your wife have a HALAKHAH 6 301 daughter, she shall be preliminarily married to me, he did not say anything," because she does not exist. Therefore, if she does exist, she is preliminarily married.
167 Here starts the discussion of the be explained following Samuel. Even Mishnah dealing with the widow of a though the marriage by the widow of childless man. Samuel disagrees with the childless man outside the family is the Mishnah; his position is accepted in valid, the marriage conditional on the the Babli as practice (Yebamol 92b). action of the levir is invalid as While the marriage of the widow explained by R. Abba bar Marnai. outside the family without halîsah Therefore, the marriage conditioned on certainly is sinful, it nowhere in the an act of God is valid, in particular biblical text is punished as a criminal also since after the death of the levir it act; for Samuel this indicates that such no longer is sinful. a marriage should not be void by 169 Here starts the discussion of the biblical standards. Mishnah dealing with the newborn girl. 168 He holds that the Mishnah can
•pv>>w£ ïy >> 'v^p^n îiwn!? *i»iNn ·λ rm>» (foi. 63b)
IK1? DK-) πψιιρρ noy nwyi n>!?y -απ i>yis? rjay ηψ^ι ro'N IN!? ON"! ηψιιρρ ΙΝΓΙ ηζκ τορ ïy ,ηψιιρρ
ύ'Νψ 10Ü7 1ΝΠ Γ)ί* νίφ^ρ 13ΓΙ Π)? .ΓΙψΙΐρ»? IV >Ίι.Γ) 1ΝΠ ΓΙ)? .Πψΐΐρρ
,ητη
Mishnah 6: If somebody says to a woman, be preliminarily married to me on condition that I speak for you to the government, or work for you as a worker, she is preliminarily married if he did speak for her to the government or did work for her as a worker; otherwise she is not 302 OIDDUSIN CHAPTER THREE preliminarily married170. On condition that my father agree; if the father agreed, she is preliminarily married, otherwise she is not preliminarily married. If the father died, she is preliminarily married171; if the son died, one instructs the father to say that he does not agree172.
170 As the Halakhah explains, there effect from the moment of giving. are two possible interpretations of this Both implications are absent in the
Mishnah, depending on whether or not Yerushalmi version. a perutah changes hands at the 171 One interprets "on condition moment. The problem does not arise in that my father agree" as "if my father the Babli, which instead of "be does not object". Since the father died, preliminarily married to me" reads 'in he can no longer object.
'V nunip» πκ "you are preliminarily 172 If the father has other sons, one married to me"; that language implies tells him to free the woman from the that (a) at least a perutah changes obligation of levirate by rejecting the hands at the moment of engagement preliminary marriage. and (b) the marriage, if valid, is in
•)Γ0ψ Min·) ,-ιρκ ai .'ina >> 'Ψιρηπ rwNl? "»own :> ΑΛη (64b line i4)
NID") KÏ OnilD^D] .·>?-) 'Ώίρ >5Ί -ΡΡΓΡ il?1"1? πίΨ ΐη'?
.·ρυ!?ν^ rp^y ηφι ηϊη .yp^p nwi? nw vù ·)Γΐ3ψ npa .TUímpp IN!? ON) ηψιιρρ nona nwa yïy -an-; nm w!? OÎSI τιψ-τιρρ nena nw !?yiaa η»y n\i>y¡ .^iaa tjay πψ^ψ
.ηψρρ rioa v^V ^ "ΉΟ?^ Mirrj .2*1 owa m? ,ηψιιρρ
DÌ a»n™ m naw iva in^a ni^rrba o»ri l^rii N>nna
,va>>ria rm\y g i mwa -an g i -am 4 -Gl'i >aip on g i >o>n mw G 1 nw 2 G ι ντιγο 7 nNb G ι iNb mw G I îiw ην y G ι rwyi 5 HALAKHAH 6 303
Halakhah 6: "If somebody says to a woman, be preliminarily married to me," etc. Rav said, we deal with the case that he gave her a perutah's worth173. Rebbi Immi asked (before Rebbi)174: Do we not always deal with the case that he gave her a perutah's worth175? But so it is: "By what I shall speak for you to the government; if he did speak for her to the government for a perutah's worth she is preliminarily married, otherwise she is not preliminarily married." "By what I shall work for you as a worker; if he did work for her as a worker for a perutaKs worth, she is preliminarily married, otherwise she is not preliminarily married."
Rebbi Abba in the name of Rav: Only if she set aside a tetradrachma in her chest for him176. With what did he effectuate the preliminary marriage? As we have stated there: "If anything is bartered instead of money, if one party entered in possession, the other is obligated for its trade-in177."
173 In the Babli, 63a, the to present the bill for their work; if the uncontested opinion of R. Simeon ben bill amounts to at least a perutah, she is Laqish. married by the forgiving of the bill if 174 This should be deleted with G. she had the money to pay. This 175 In all preceding cases, if it says formulation avoids the problem of the "be preliminarily married to me on Babli, that marriage cannot be condition", it was understood that the effectuated by forgiving a loan, and proposal was accompanied by a marital the fee due a professional might be gift. Then the present Mishnah would considered a loan slowly accreting be unnecessary. But the new facet of through delivery of his services. this Mishnah is that preliminary 177 Mishnah 1:6, Note 521. By marriage may be effected with writing the bill, the lawyer puts a lawyer's or worker's fees. monetary value on his services.
176 The lawyer or the worker have 304 OIDDUSIN CHAPTER THREE
Aim nsn α1? πψΐίρρ ικη run ηζη η^Ί'ψ ιυο (64b line 22)
Ian no .n^ri ionp .ηψιιρρ i* nrj ϋκη tío .nan ύ>Ν io;np .Γΐψ'ιιρρ
,·>Ν3> ")3ηί> -ion ,π^ίΊ ίοπυ .Γφ"> íí>n -ιο^ ινγι tin γηηύγ?
.pym'pi n^o ΓΙΝ W^I -ION .ρ rnm njvwö ΓΡΝΙ
ON") ηψιιρρ iNn ΓΜΊ ns-ρψ njp ϊχ nww "wn
ητ) ηκη η» ,-ιον ν'!? nid) ,-ιον ντ nip ^ -ioíío .πψ-fipo in1?
,π^ίη ,-ιον »ψ ινπ πν V7>3^>? 13η no .ioni ·)Ν03 .n^iìpjp ft rm>3jp0 ΊίΓ)?>0 >N3> '31 ϊ·>?·> ypv N*Vy\ 1ÖN -^ÖNf IN»?
!?!??>)? rn Vîpjpo ν'!? .νψ1? ρ ιίνρψ van ion ρ ,η>> -ion rr :ρη
rop .ρ η-}0Ν ηπ-υηο .·>ον >-η -ion ,*τη -iridai onai in -1^3
.0-J3 .»ÍÜ3? Dipo? . ."ΙΣ^ Γ1>3 >> tmw G I m'by >>3> G ι Ν>NÌ> 4 >>3> G l w >PN G l IJ>N 3 G I N-l'yt 8 10D G I ΊΝΚΟ 7 ΊΟΝ'-r G I ΊΟ Ν Π 6 "3> G I 5 Π^Ο G ι yjwi>ö nbG ι 9 Nim 7ηG in pn nü> "ι>αιρG ι>υι> "ib rnw ππυηηι G ι τιυπη πσι> G ι >σι> ι ο bbo G ι bïvn yjonn
"On condition that my father agree; if the father agreed, she is preliminarily married; if the father does not agree, she is not preliminarily married;" silently he does not agree178. "If the father died, she is preliminarily married;" silently he agreed179. "If the son died, one instructs the father to say that he does not agree;" silently he agreed. Rebbi
Johanan asked Rebbi Yannai, can the Mishnah say so? He answered him, do you ask wretched Yannai to explain Qiddusiriì Rebbi Yannai returned and explained the Mishnah: "On condition that my father agree; if the father agreed, she is preliminarily married; otherwise she is not preliminarily married," he said on condition that [the father] express his opinion but he did not180. "If the father died, she is preliminarily married;" as if he had given his opinion181. "If the son died, one instructs HALAKHAH 6 305 the father to say that he does not agree;" as if he had given his opinion182.
Rebbi Ze'ira said [before Rebbi Yasa]183: Can Rebbi Yannai explain the
Mishnah as he wishes? He answered him, so says Rebbi Simeon ben
Laqish, Rebbi does not refrain from stating generality and detail simultaneously184. Rebbi Yose said, the Mishnah states thus: "On condition that I have a bet kor of arable land", a generality; "at place X", a detail185.
178 This is an example of the by his father. The father's silence problem of the undistributed middle, means rejection. frequently discussed in the Babli but 181 If the father died before he had rarely in the Yerushalmi. The Mishnah an opportunity to react, the court may is silent on the status of the marriage if assume that he might have assented if the father refuses to express an he had lived; the woman is married to opinion. The formulation "if the father the extent that if another man married agreed" seems to imply that failure to her preliminarily before the first one give a positive reply is a rejection. If married her definitively, she would the formulation had been "unless the need a bill of divorce from both of father objects," the father's silence them. would have signified assent. 182 Even if the father had given his 179 According to the argument of initial consent, if the son died before the preceding Note, if the father died the definitive marriage the court will without expressing an opinion, the instruct the father to refuse to accept marriage should be invalid. The the marriage in order not to forbid the second and third clauses of the woman to a Cohen. This clause has Mishnah seem to contradict the first. nothing to do with the problem of the 180 One has to read the first clause undistributed middle. as explained in Note 178, that there is 183 Reading of G. The text of L is no undistributed middle but the son unacceptable; R. Ze'ira cannot ask his made the validity of the marriage student's student R. Yose but he can ask dependent on the explicit acceptation his teacher and R. Simeon ben Laqish's 306 OIDDUSIN CHAPTER THREE student R. Yasa. third even a prior acceptance is turned
184 The three clauses of this part of into a rejection. This agrees with the the Mishnah refer to three different general style of the Mishnah. situations. In the first clause, a very 185 Mishnah 3:3. The example does restrictive interpretation is appropriate, not quite fit the problem, but the in the second a very general one, in the general thrust is clear.
IONI N?1 ^PWPP Πν ^N") TIN -»ΓΙψΤΡ :T flîVtt (fol. 63b)
Drp3\y ΓΡΓίψΡΐ? ηη ΓΡηψρρ ΊΌΗ m .")0?0 η'Βψρρ
Π'ΓΙψΡΡ >ηΐ DIS >Γ)ψ!>Ρ .0313 1ΠΝ1 Oì ·)Γ)ύ *ΤΠΝ W) ON") Ό> VÍJp
η>3ηψι?ι η^ψ^ρ .pNii τυορ κ>η nrji naop π>:η\ρ_;η
V5 mop Ν>ηψ pa n'jpT?1) ύ>Ν D^ÍTÍ Ν>Π ηηι roup
.·)»#} Í3>N nbn? ίοπψ
Mishnah 7: "I preliminarily married off my daughter but I do not know to whom I married her preliminarily," and somebody comes and says, I married her preliminarily, he is believed186. This one says, "I married her preliminarily," and that one says, "I married her preliminarily," both give a bill of divorce or, if they so wish, one gives a bill of divorce and the other marries her definitively. "I preliminarily married off my daughter, married her preliminarily and received her bill of divorce while she was underage," and [now] she still is underage, he is believed187. "I preliminarily married off my daughter, married her preliminarily and received her bill of divorce while she was underage," and [now] she is an adult, he is not believed188. "She had been kidnapped189 and I ransomed her," he is not believed whether she is underage or adult. HALAKHAH 7 307
186 Since the father has the right to unfit for the priesthood as divorcee marry off his underage daughter, if he without producing proof. believes that the person claiming her is 188 Since he does not have the right his son-in-law, he has the right to to marry off his adult daughter, he marry her to him. cannot declare her ineligible for the 187 Since he has the right to marry priesthood without producing proof. his daughter to a man whose 189 And presumed raped, which intercourse will make her unfit for the forbids her to a Cohen. priesthood, he can also declare her
,·)«ν;3 ino ^jia γιν 'nyñ'p .nçwn na^n (64b une 34)
O .*1»Ν 3*1 OYÂ Ν31Π 1*1 .T»)?!? DON .OÎ "1ΓΡ1? IJOFCQ
VN ÎDÇ ,ΊΠΝ 117 V>R?R? VNI OÎJD!? IJON^ -ION I^NV >3*1
NI >rp> Ϋ"ΤΊ·> ^>Ν·) >rrp>? »ni*Î\y» ΠΠΝ ,-ΙΗΝ ΊΙ*Τ ÎÎÇ)?
»ΓΏ?>? ΠΗΚ .·)? PYM>P3 ^Ν .ÌSPN IÒN NI? >3?F .-IEW *RN2S
BDD N> ,Η>Γ)Ψ1>Ρ '3N .IONI "THÎS Μ?1) .ÎTJTCNPP >>?> ΆΨΡΡ
3BD3 »33? .-»JONL 0»Π ΪΊ3>*Τ>3)? OS Ν>3»Η .3*1 ^ Ν>>>3 N31>3J1Ç .13ÇO
CN3 .BAN >333 W>N ΗΨΝ RIPMIN I»RI .ΊΗΨΝ NI* N\¿>? Ν> ,ΟΓΙΟ3 »333Ί
INÇ .ΉΊΡΝΗ 0>3Ψ ÌNÌ3»\JB> ,0?3Ψ '333 ΗΪΗ. W>N ΓΙΨΝ NPYPÌN ΗΪ ΪΟΓΙ
>3Ν ,ΗΗΊΚ Η?) ,N>NYN>P ·>ΙΗ ,ΐΏΊΚ Η? ,ϊΜηψ ϊχ ΝΡ>3 NB^Ö .ΝΠ^ΡΨ
ΤΌ -MS .P3Í3 *RN^I O? ")RII3 *ΤΠΝ LIN ON) .OA PSJP ΙΟ>3Ψ .RPWH?
'IN N-VJK »AI .IM >N ÜIÍ> >3^1 Η'ΤΙΨΡΡ >3ΨΗ .-IOÌN?
-IÖN JJINF Ν*τη .I*P)? VN>2IN TODI ÌD» *ΤΗ# DIP /)3RÖ> »3*1 OVIL
"IÇN ON Î73ÇF .TOD] DIPI .Η>31Ψ1>Ρ >3$ .*1»ÍN ΓΦΤ .ΪΊ>Ϊ1ΨΤΡ .1»ÍN
>3ΓΗ .I3>N>RR!7D NI? .Η>ΓΐΨ7·>Ρ >3NÍ .IONI -ΙΠΝ NII .DOWI .RVMPPP >3$
.WO>ÌTÌ?D Ν'!? ,Π^Ψ^Ρ >3N; .-»ON·; ΊΠΝ N3 ΗΣ3?ΨΗ ON .Ρ
N31 S I N3 4 (2 times) 13>0>Π a I 190υηη 3 31 OVl 'ON a I 'ON 3Ί DW3 2 "ι s ι !wiö\y ίο ΝΊΠ m a ι ιτη 9 u>o>n a ι υηο n>Tinpì?\y ΝΙΠ a ι rvnnpb
14 Ì'N'SIO 1>N a I PN>S10 191NO> a I 13 N1Í1 m J I 1ÎH 12 13Πί> 308 QIDDUSIN CHAPTER THREE
O3D1 inn ΤΠΝ a l OÌDI
192"If one says, I preliminarily married off my daughter", etc. About
what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of
Rav: He is trusted to marry. Rebbi Johanan said, he is trusted to marry
but one does not infer anything for another case from this ruling. What
means, one does not infer anything for another case from this ruling? I
sold one of my fields but I do not remember to whom I sold it. If
someone comes and says, I bought it, he is not trusted in any way. In
preliminary marriage, the same holds true. "I betrothed one of my
daughters but I do not remember to whom I betrothed her. If someone
comes and says, I married her preliminarily," he is not trusted in any way.
The Mishnah disagrees with Rav: "If somebody brings a bill of divorce
from overseas and says, it was written and signed in my presence, he shall
not marry that woman." There, she is considered by everybody to be a
married woman. Here, she is considered to be a married woman only by
two persons. One waits until these two come and say, this is the man who
gave her qiddushin. The Mishnah disagrees with Samuel: "This one says, I
married her preliminarily, and that one says, I married her preliminarily.
Both of them give a bill of divorce, but if they agree, one gives a bill of
divorce and the other one marries." He explains this, if [the father] says, I
did betrothe her to one of these two but I do not remember which one it
was. Rebbi Ze'ira, Rebbi Yasa, in the name of Rebbi Johanan: If one of
them jumped the gun and married her, one does remove her from him.
That is, if this one says, I married her preliminarily, and that one says, I
married her preliminarily, and one of them jumped the gun and married HALAKHAH 10 309 her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the
marriage another man comes and says, I married her preliminarily, he is
not trusted in any way.
190 The (unetymological) Babylon- 195). G simply has a note: ηΐ03 tra ian version of Galilean u'B'ìi . . . "73η κ1? ην mean κγίπ k¡?td "One 191 The correct version, cf. Note continues the end of the second 183. Chapter of Yebamot as far as "he is not 192 Yebamot 2:11 (a) (Notes 184- [trusted] in any way."
o>r»N >> ν} ,·)>?ίο o>3i >> \¡ñ irm>n η^ψ? ιοΝψ >ο :η îiîv>» (foi. 63b)
Mishnah 8: If somebody said when dying, I have children, he is
believed193; I have brothers, he is not believed194,
wo >Γΐψ i1? γρψ riiimn ρκ οπρ ira tin wippn υ îiîws
n!?n? on viv 'W! >na rw ion·) >Γΐψη πύι
η^ΊΤΐιπ ρ κ^ηψ niìm^y njop ÍN πύοΐ-ηψ η^ί-τ:» ÍN ηί^ίιηψ
>t>i> >3-1 ,-pnö >ii πύρριψ ro\?t?ri y? γιη ró-wíf ^is ηύοριψ
.Jitorraa^ ρ ^ιη rii-mi» -ιηίΝ
Mishnah 9: If somebody preliminarily marries off his daughter
without mentioning her name, the adult ones are not included195. If
somebody has two groups of daughters from two wives and he says, I
preliminarily married off my older daughter, but he does not know196 310 OIDDUSIN CHAPTER THREE whether the oldest of the older ones, or the oldest of the younger ones, or the youngest of the older ones who is older than the oldest of the younger ones, all are forbidden197 except the youngest of the younger ones, the words of Rebbi Meïr. Rebbi Yose says, all are permitted except the oldest of the older ones198.
IN Π30Ϊ7 ON jnv ^Ni ΓΙίΟρΠ *>m ΠΝ :» flîV» l^s ηί!?π?ιΐψ ηίρρη io naoj? ηύυριψ η^ίτ? ÍN niima?^ mop
"l^s "ΙΰίΝ ·>Ά-\ .-PN)? >5*1 nil Γή!?ί"Ϊ3ΐ3ψ Π^ΠΐΠ 1» γίΓ) ΠΙΠΌΝ
.Γήΐυρ^ψ Π3\?ρη ·)» ^ίη ηίΊΓΐιη
Mishnah 10: I preliminarily married off my younger daughter, but he does not know whether the youngest of the younger ones, or the youngest of the older ones, or the oldest of the younger ones who is younger than the youngest of the older ones, all are forbidden except the oldest of the older ones, the words of Rebbi Meïr. Rebbi Yose says, all are permitted except the youngest of the younger ones. niüN NID ^τιψτρ Ν'!? rn.£iN N>ni ^ψ-ρρ ΓΐψΝ^ "Mown •**> rm>»
Ν'!? *Ì»ÌN NIDI >3Γ)ψΊ>Ρ Ν>Π .Vlìlp? ΤΊ^ΙΏ Ν>Γη rP^ililpa
.n^iiiipi -»πι» NITT¡ viripa ΠΎΙΌΝ Ν>Π
Mishnah 11: If somebody says to a woman, I married you preliminarily, but she says, you did not marry me preliminarily199, he is forbidden her relatives200 but she is permitted his relatives. I she says, you married me preliminarily but he says, I did not marry you preliminarily, she is forbidden his relatives but he is permitted her relatives. HALAKHAH 10 311
193 His childless widow is free to stated. marry outside the family; she does not 196 When he took the money or have to investigate whether his claim is signed the contract, he did not mention true. The Torah empowers a father to her name and now he does not recognize a son (Deut. 21:17); the court remember which girl he had in mind is not empowered to require additional when he contracted the marriage. proof (cf. Babli Baba batra 134b). 197 They are forbidden to marry.
194 If he dies childless and had None of them can marry an outsider married his wife without telling her for she may already be married. She that he had brothers, he cannot now cannot marry the man her father subject her to levirate with a brother- contracted with for he may be her in-law she might be unable to locate sister's husband. That man has to write since her husband's uncorroborated a separate bill of divorce for every statement cannot undo the prima facie girl. presumption created at the time of his 198 Since only she is unequivocally marriage (cf. Ketubot 1:4, Note 177; 5:5 determined by the predicate "old".
Note 100; Gittin 3:4, Notes 92 ff.) 199 And there is no witness present
195 Since the father has no right to to support either of the parties. marry off his adult daughter. The 200 While in the absence of
Babli, 64b, points out that even if the witnesses he cannot force the woman adult daughter appoints her father as to be married to him, since he declares agent to find her a husband, the father himself to be married to her he has to cannot contract the preliminary observe all incest prohibitions which marriage without mentioning that he is would follow from the marriage if it an agent. Then the name of the were real. principal automatically has to be
·>Γ12 T1ÎS '31ψ1>(? .'Ï?"D Π5\?ΐ?0 TIN 'ΛψΡΡ :* (64b line 52)
ηψ-jajp} ,^ρι ψπ nYmam niao^n ΛΗΙ ni*
îTJ^nn ."iççfî .vù ι» "τηκ!? ΓΡίΐψ^ρρ ì^n ni3\?í? 312 OIDDUSIN CHAPTER THREE
ίοπψ vii π3θ(7 Ν>πψ pa .ninnai ΓΡ?ψ? onço WN .VÙ ρ
ii>)?>n-!7D Ni? .rto ι» -τηκ> η^ΐίψ ÌN n^n? 5 rwismj G ι n\y-i>Ji3 3 nwipn'j G I mipm irfrnsm G ι Jiibvnn 2 Î7D0 "ΤΠΝΟ G I IO 7nNb 6 pG I l'ai ρ G I Ί>3 ND>n>t31 G I ΓΡΓΡ731
Halakhah 10: "I preliminarily married off my younger daughter," etc.
"I preliminarily married off my daughter." The underaged are included201, the adults are excluded202. "My daughter was preliminarily married," even the underaged are not included203. "I accepted my daughter's bill of divorce," the underaged are included, the adults are excluded. "My daughter was divorced," even the underaged are not included. "I preliminarily married off my daughter to one of those disqualified for her," he is believed. "I made her sleep with one of those disqualified for her," he is not believed. "She had been kidnapped and I ransomed her," whether she is underage or adult or had intercourse with one of those disqualified for her, he is not believed.
201 Since Scripture bases the rules 203 The language seems to imply of a criminal procedure on the that the father was not involved in the uncorroborated statement of a father marriage. But an underage girl cannot who says "I gave my daughter to this be legally wedded without her father man" (Deut. 22:16), it is concluded that arranging the marriage. For illegal his statement concerning a daughter acts, the father's standing is no over which he has the power to give different from any other person in the her away into marriage has to be world; one needs two independent accepted by the court without further witnesses. The father, being his documentation or corroboration. daughter's relative, is automatically 202 Since the father has no right to disqualified as a witness. give her away into marriage. HALAKHAH 10 313
>> \y> .1ÇN3 >> VP .ÌJ1JV» ηνψ? .DJVÍJ}» >Í>D (64b line 59) bWDVH n>ri!p>n ,·)»Ν3 ίι^ψ ίπν» ,-iön .ìjmo ^V·
.NO'Î ΪΌΠΓΠ η>Γΐη>κ> un .ή1? -iwK îjiain? ήχοι? *τη .ρ rnm
>»ip N75ÌV NJW tym "TD ÎT^N ΝίΠΠ .Γ1>> 1ÍD3N
.ION Ί}ην >3*1 .·))?ΪΟ VW "ΌΝΟ .1ÇN .ΙΡΝίΰψ
ODb ΓΡΠψ -jmy yan .•»it'ii iV^m ΐ?πν >ι-ι owa -»»NI "pari? Nbiy nn? πητΊΝ^? g ι mrirpíO 3 πτύα G ι rpnb>o 2 ίονμ» >η G ι iönw >ìo g i >j>d i vb G ι 4 nos G i Non
So is the Mishnah: "If somebody said when dying, I have children, he is believed; I have brothers, he is not believed;" Rav said, since it is in his hand to divorce, he is to be believed204. The word of Samuel agrees with this. A Persian when dying said to them: Give this man's205 wife a bill of divorce. They asked him, why? Because of your wretched brother?
After he died, the case came before Samuel who said, since it was in his hand to divorce, he is to be believed206. Rebbi Johanan said, he is not to be believed. Ulla descended there207 and said this in the name of Rebbi
Johanan; they208 ganged up on him. Think of it, if he was a Cohen209?
204 One is not forced to say that the in this case where the widow would be man married under false pretenses bound to an unknown brother-in-law when he did not inform his bride of the whom she might be unable to locate). existence of a brother; that now he 205 His own. cannot change her situation while 206 There is no reason to believe maintaining the validity of his that the bill of divorce was not written marriage, since he could conditionally and duly delivered. Samuel's decision divorce his wife, the divorce becoming was that the estate, after payment of active a moment before his death, and the widow's claims, has to be held by a thereby protect her from the court-appointed trustee for the brother complications of levirate (in particular, as next of kin. 314 QIDDUSIN CHAPTER THREE
207 In Babylonia he proclaimed the difference in the personal standing of Babylonian authorities Rav and Samuel the parties, the Babylonian argument is to be in error. invalid; the Mishnah is justified. 208 The Babylonian scholars. In the Babli, Baba batra 134b/135a, 209 This is R. Johanan's and Ulla's R. Johanan holds that a man who says argument against Rav and Samuel: that he divorced his wife cannot be Since a Cohen may not give his wife a believed without corroborating conditional bill of divorce without evidence. Then he cannot be believed forbidding her permanently to himself, if unexpectedly he declares to have a and civil law does not make any brother.
HÏ ΊΟίΚ Ν1Π·) /ΟΓΙψΙίρ NiT) .Πψψ 2Ί :Ρ21Π (64b line 66)
πΐΓ) rnìPN Ννη n^iiìi^ -mi» ΝΊΠ .îpwpp
•>)?ip Mi^iy NJiN .ι™ "Tya tò ύπΐί >ΓΙ»Ν ΗΆ na ήνρψ .N*Taiv
ιών ni η»η Ν!? .OÙD \)·>Η riatta -τπ^ ιν. VV> ΊίΟ^
Kb inhi ai .oto? râ τιψΝ? *τηκ ly ρκ .·>όη Dwa
.pvm'î? wain·) .npib OOIT^W vnppri .-»ON .oto? rwy
^ Nani .npto ρρπ'ψ N'ba vrrppn .JtoJ? ίκ>η ϊΜηψ nwa Na¡?iy in
.npto ντ rpa η>>ψ nurpn] .npto vpn nm inoriN G i Ntaiv 3 min pn G ι mn i>dn unpn G ι rpmrmpi 2 nw G l mv ι -in n>nm "ι G ι îopiy ίο 7 ni ioam G ι ρσοιπι 6 in g ι ί>ν 4 muy m^M» G ι 8 ppiy io
Rav Sheshet objected210: Does not the Mishnah disagree? "You married me preliminarily but he says, I did not marry you preliminarily; he is permitted her relatives but she is forbidden his relatives."211 They said, so did it happen: Simeon bar Abba brought a bill of divorce and delivered it in front of one witness. The case came before Rebbi Johanan, who said, a single witness in marital matters is nothing212. Did not Rebbi
Hiyya bar Assi in the name of Assi213 say: a single witness in marital HALAKHAH IO 315 matters is nothing? Rav said, one who performs a preliminary marriage in front of a single witness did not do anything214. Samuel said, he who performs a preliminary marriage without prior negotiation is whipped, but the preliminary marriage holds. Mar Uqba in the name of Samuel said three things: He who performs a preliminary marriage without prior negotiation is whipped215; one who sleeps with his betrothed in his father- in-law's house216 is whipped; one who insults the court bailiff217 is whipped.
210 The language is unusual; how deliver it anew in front of two can one object if no statement was yet witnesses. enunciated? But it is impossible to 213 Unfortunately, these names are move the question after the statements missing in G; there is an outside chance of Rav and Samuel because of the that the reference is to Rav Hiyya bar concurrent testimony of G (which Ashi, student of Rav. admittedly is fragmentary at this 214 In the Babli, 65a, this is a point.) statement of Rav Nahman in the name 211 Mishnah 12; the order of of Samuel; it is stated explicitly that arguments is that of the Mishnah in the this holds even if the parties agree. Babli. 215 In the Babli, 12b, this is Rav Sheshet's point is that the case attributed to Rav and rejected as treated in the Mishnah simply cannot practice in Nahardea, Samuel's place. happen. Either there are witnesses to Probably this means that a betrothal is the marriage, then there can be no possible at the second, but not the first, dispute; or there are no witnesses, then date. there is no marriage. 216 As was the custom in Mishnaic 212 There was no delivery, the times in Judea (Ketubot 1:5; Mishnah woman is not yet divorced. The agent and Note 208). has to take the document back and 217 Who acts in an official capacity. 316 QIDDUSIN CHAPTER THREE
ρ• · >nn .ια- κΤ NoTnT m - .'ini rmiΤ 'no >nvi ib \y»v·· ν> >o (64b line 75) njvijpo io >nri >!? γρνϊ NÌN ΝΠΝ ~II ipv? >1")
.ΙΏΝ DN .ΓΙΠΝ TD Ν!?Ν lì? PN !?1N ,D>VÔ >JWÖ Tim WD >JW i!? V'Wl - τ - - - tv I ·· τ -! · τ •· î · τ •· : ···.·: ,τυορ Hïy νπ>ρ .roup ,ιηκ on-) .n'pit? n^n vrpp ^ .n^rr?
Halakhah: "If somebody has two groups of daughters," etc. Rav Hama said, two of two218. Rebbi Jacob bar Aha said, for example I, who have two of two. The Mishnah [speaks of] him who has two groups of daughters from two wives, but if he has only one group and he said, the older, he married off only the oldest; if he said, the younger, he married off only the youngest.
218 Even R. Mei'r will agree that if by name. Therefore, the whole dis- one wife has more than two daughters, agreement is about a man who has two the intermediate ones will neither be daughters each from two wives. called "old" or "young" but be specified
,ΊΏΊΝ *VN)? >11 .ΠΟ«1ΓΙ Ί)) "|0ΓΙ (64c line 4) n>ri\p>\y D3>n>? N^I ΓΡ>?-Ϊ> >ιη .ΝΐΡψ "Τϋ 'Pi'
Itìn >ι*π rpno>\y nstri» ,>t?v >ι-π rpjiv»\y na^n» .-PNÖ >I-H 'τ ·· · : •· τ τ ! : · ·· · : ·· τ τ : : · :
.πί3ορη nvw-rïo Ν?ρψ ly .nümíin nvw~ri?3 κϊρψ *TJ> ,-I»N NID
.ompwn tooi ΐ?1 yìi\)> ->»n .ρ?η -im NDÎT)
Nini ,ΝΤΙ 13 η»η nni NI -»ON ·ί"ρρ-ρ "tioüw "DOJJ
>»ίρ >1"! ππ^ψρ 113 ν'!? .o!?iy ηη rm'vyp -o? Ni» ,ήη> -irppp
.Π3>πρ N>n rp> .lit» ιηΝ"! .-PNJO >ι-η ΓΡΓΙΟ'Ψ na>o» ,ρην >ιι
.-ιηίΝ -ρνώ 'il .nosn >?3> ly .ρ >ι*ι η>ιι >3m .nQ>o>?-f ν>π Niviipn
ΙΟΝ TIN") IX »^l 1QN Ί)) .IQÌN >Όί> >1") .Ηφψ "T^
,·)>1Ν >1"! ΊΟΝ .Νηψ>3 >33> Ί))_ .Ν1Π ή\ί>!7 Ρ* Ί)> .-»οΝ ")ηη .np?n dai .·ρρ>? η» .-»ni» Νΐηψ ηυ?ι vito ^Ό
.ywy) ην ,ίών vnn-! HALAKHAH 10 317
ι on 4 -il >ΌΙ> "π n>nv3>\y nabno ,τκη "ντ n>no>w nabno 3-2 >ya s l Nya 2
Nin ND1 J I NDm 5 (2 times) ΠΊ^ΠΙΠ 3 I Jllbl"n (twice) INÜ'W ) I ΝWN J
) I nirwp -} I obiy nn nri>wp -ds nî? 7 Nin nob 11 Nini ipi\y 11 ipv 6
'ON 10 nabno ) l nabnoi 9 n>b ON J ι γι!? ΌΝΙ >υι> JI -I>NO 8 nrowp
3 I K5(>\y 13 σΐ-133 J I Χ7Ί33 12 »J1TJ 1 I 'ΠΠ>3 Ì>DN 1 I pN 11 - 5 I Vi>*l
N3>\F J Ι V>5>\Y
219There, we have stated: '"Until before Passover', Rebbi Meïr says, until it comes, Rebbi Yose says, until it passed." Rebbi Jeremiah asked before Rebbi Ze'ira: The opinion of Rebbi Meïr seems inverted; the opinion of Rebbi Yose seems to be inverted. The opinion of Rebbi Yose seems inverted: There, he says "until all the elder possibilities are exhausted, until all the younger possibilities are exhausted," and here, he says so? He said to him: Since Ben Azai and Ben Zoma died, the perseverers disappeared; no perseverer was there until Jeremiah appeared.
Rebbi Abba, son of Rebbi Hiyya bar Abba, said, why does he needle him?
Did not great mountains find this difficult, did not Rebbi Eleazar already ask before Rebbi Johanan, does not the opinion of Rebbi Meïr seem to be inverted? He said to him, it is not inverted, the Mishnah is inverted, for in the House of Rebbi they stated: '"Until before Passover', Rebbi Meïr says, until it passed, Rebbi Yose says, until it comes." He said: We ask "until before", and you say so? He said to him, this is a Nabatean expression,
"much before Passover". Rebbi Abin said, everybody agrees that he is permitted on Passover46. Where do they disagree? The day before
Passover. One of them says, until it passed, the other until it comes.
219 This is essentially Nedarim, entire reference to this text seems to
Halakhah 8:3 (Notes 36-45). In G, the have been in one missing line. 318 OIDDUSIN CHAPTER THREE
>1ΓΡ ΗΪΊ N'ariti» ,·>θν (TON!? ΊΟίΝΠ (64c line 19) ··-: τ: τ:-:· ·· . , - τ τ . τ .. τ
•ρκ ηη .Pt7í3 Νΐητ D-IDN n>Knrb3 .ιοο >a-i .ÎOD -PND m ' Τ · ! Τ S IT !- Τ Τ Τ ~ Τ TT y>ïù· ! . .. . .
JlïïmJl ΟΙ^Ιψ ")Ν3 .>•)>£) "VNO >1") .1DK J)H Γΐί30(7ΐ J1Ü7Í131 ΟΙΪΟηψ Ί>3ΓΙ
"PNtt >3-1 riítm? ^ rmup DÙD1 IliiOp ^
O!?-DI G I OI^DI njop G I rmop 4 NTNI G L N>M> 2
Halakhah: "If somebody says to a woman," etc. Rebbi Yossi said, it is reasonable that Rebbi Meïr not disagree in this case220. Rebbi Mana said, the entire series implies that he disagrees. Since there, where they are all221 older and younger222, you say that Rebbi Meïr disagrees, so here, where all are old compared to young or young compared to old, he certainly disagrees223.
220 This refers to the next Mish- 222 The case of two groups of girls naiot 12 and 13, where the question is from different mothers. whether the mother or a daughter was 223 R. Mana seems to imply that being married. There, R. Meïr's name also in Mishnah 11, and certainly in is not mentioned. R. Yose impies that Mishnaiot 12 and 13, R. Meïr imposes the Mishnah is R. Meïr's. incest restrictions on all parties, 221 Reading with G for oiVs including those who deny being parties "nothing" of L. to a marriage.
liON Νΐη jwpp N't? N>rn îpwî'p ·λ> ηινβ (foi. 63b) rnopi n3\?p nìrmpi -min Nin .vai-ip? ΓΙΊΓΠΟ n^i-φ n^i^n imi-ipi
Mishnah 12: "I am preliminarily married to you," but she says, you are only preliminarily married to my daughter; he is forbidden the relatives of H AL ΑΚΗ AH 13 319 the old woman224, and the old woman is permitted his relatives; he is permitted the relatives of the young woman, and the young woman is
permitted his relatives225. Nin 'TiiN n!pn jwpp τηρίΝ Ννη rjria n^ ^ψρρ :>> îiîw» (foi. 63c) ròvra niai-ipa "»ni» Min .vai->pa njopi njop niainpa -nw
,vai-i(?a rniüNi nbi-rai
Mishnah 13: "I am preliminarily married to your daughter," but she says, you are only preliminarily married to me; he is forbidden the
relatives of the young woman224, and the young woman is permitted his
relatives; he is permitted the relatives of the old woman, and the old
woman is forbidden his relatives.
224 Since he claims marriage with lists of forbidden unions are different
her daughter, he is forbidden the in the two cases.
relatives he could not marry had the 225 She did not claim being party to
claim been true (cf. Mishnah Yebamot a marriage; it was her mother who
4:7). While all relatives of the mother's claimed for herself but the mother's
are also relatives of the daughter's, the action cannot impair the daughter.
iriiK D'jnap ,-iön ϊοιπ ai tjria π^ 'πψτρ :»> na^ri (64c line 24)
oí a»ny π>Γη nan τηπψ io?*! .top iri>> ìdìn paia·) oa ìri>>
,p?t>n WTTiri π ν ρκ^ίο riís nííO"! t^m topi
Halakhah 13: "I am preliminarily married to your daughter," etc. Rav
Huna said, one induces him to give a bill of divorce, and one forces him to
pay a fine226. Think of it, if he was a Fellow and knew that he would be
obligated for a bill of divorce and a fine; if he went and married her sister,
would one force the divorce of the certain because of the doubtful227? 320 OIDDUSIN CHAPTER THREE
226 It is not clear from this text to sister-in-law since by that act he would which woman the bill of divorce has to prohibit his prospective wife to be given. If sense is to be made of the himself. It is in the interest of the text, one has to read it in the light of woman desiring the bill of divorce to the Babli, 65a, where Samuel states that make it clear that she has no monetary if a woman claims to be preliminarily claims. (Explanation of D. Fraenckel.) married to a man, which claim he The last sentence cannot be read as denies, one has to try to make him give declarative: "one forces the divorce of her a bill of divorce to free the woman the certain because of the doubtful", for marriage to another. In the case of meaning that the man would be barred the Mishnah, the bill of divorce would from marrying the sister because of the be for the mother; the daughter is not unproven claim of the woman, since mentioned in the discussion. Rav, the this would contradict both the Mishnah teacher of R. Huna, states that if he which permits the woman's relatives to gave the bill of divorce on his own the man, and the general principle that initiative, one can force him to pay the in marriage matters only those divorce settlement required by the law statements count which can be backed of ketubah. up by the testimony of two witnesses.
227 Rav Huna's statement is rejected The case cannot be compared to as impractical. Assuming that the man Yebamot 3:4 where a man is forced to either is reasonably well trained in the divorce his (rabbinically) preliminarily law or has access to legal advice, he married wife and give halîsah to her can avoid being badgered into offering sister. a bill of divorce and then forced to pay "Fellow" is used here not in the a hefty sum by threatening to marry technical sense of a person observing the woman's sister. Since the Mishnah the laws of ritual purity (cf. permits him to marry the sister, one Introduction to Tractate Demay), but cannot ask him to give a divorce to his somewhat learned in the law. HALAKHAH 14 321
">πν rjbin -ìbrin nviy VW "l^v^ì^T"»!? oipo-bs :t» niw» (foi. 63c)
.bN-iYPbi >ibb inbb n>bïovy>i n»ib mnb ή .ή ìpni .-otn ·• τ : · : ...... v . .. τ . . . r • : ν ν " : τ τ - itw ouan ιηκ -jbin *rbi¡in n*piy νη pvm'p oipn-bDi bíov^> η^ηίΐ rii^n oi>-jn "|nb> n^bni nwi* ima inb> it .it
.itjpnbì b?o\p ni
Mishnah 14: In any case of a not sinful preliminary marriage, the child follows the father228. Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel229. And in any case of a sinful preliminary marriage, the child follows the blemished part. Who is this? A widow [married to] a High priest, a divorcee or one who has received halîsah to a common priest230, a bastard231 or a Gibeonite232 to an Israel, the daughter of an Israel to a Gibeonite or a bastard.
°nONi by "pvm'p nb VP biN ρψνρρ vby rib vn^ >)?~b;>i :vo im»»
^"bDi .ΓηίτΏψ iiinyn-bsn πηκ by Nan it .it it w .-itpn -rbpn
ηηΰψ "Tbii it .it imi .ni«? *Tb)in p\!m>p onníf by N'bi vby Nb nb
• : τ : Mishnah 15: In any case where a preliminary marriage with him is impossible but with others is possible, the child is a bastard. Who is this? This is one having sexual relations with any woman forbidden in the Torah because of incest or adultery233. And in any case where a preliminary marriage is impossible with anybody, the child follows the mother. Who is this? The child of a slave girl or a Gentile woman234.
228 The child belongs to the same only those cases in which there is marriage class (detailed in Mishnah absolutely no controversy. 4:1) as his father. 230 The divorcee is forbidden to 229 As the Halakhah points out, this any Cohen by biblical decree (Lev. list is far from complete; it contains 21:7); the woman having received 322 OIDDUSIN CHAPTER THREE haltsah is a divorcee only by common 234 Since preliminary marriage is a practice. The child is "desecrated" in uniquely Jewish institution, Gentiles the sense of Lev. 21:7; the marriage are automatically excluded since for prohibition is transferred to future them only definitive marriage exists generations. (cf. Chapter 1, Notes 33-39.) The 231 Who is forbidden any endo- Jewish father cannot have any family gamous marriage, Deut. 23:3. relationship with his Gentile child: 232 Cf. Halakhah 4:1. Notes 46 - 71; The widow of a man having only had a Ketubot 3:1, Notes 16-19. child with a Gentile woman is the 233 The child is a bastard in all widow of a childless man and subject cases of adultery; in cases of incest to levirate marriage: Mishnah Yebamot only those mentioned as deadly sins in 2:5. Lev. 18,20; cf. Mishnah Yebamot 4:13.
ton. \y>p'? n liypvy ,'^ίο νΨ^Ρ ν^ψ Dip«'!?? :τ> riapri (64c line 27)
"Torini n^ny VW vvm>p vi? n.r) rnipp NWW -ο nn .·)3ην rn >£ip
τη .vy-ps >a~! πΐψψ oip)?-i70} .n^ -ιών ."ΐη^ψιψ ousn ίπν i^in
Vin .^Ν-ιψ^ί inb!p ίΝψ'ΐψ π·>>Ν->νμη n»i> rrç ·η\
.-otn ηηκ îi>in τ^γιη ττνίί» ρκι o>ym>p .rrmi-j ι» π1?
ηΐ) niW» -i? η.η ,·)3ην ^-ι Njtt 15 ήνρν >ai-»
Dipo"b3 ,η>> ΊΟΝ .ΐη^ναψ ouan ΊΠΚ ^in "ύηη") n-piy VW pym'p inbÎ? riMi^m nvjna ìnbb ηί»!?Ν m .m m >νί ·>ά~\ nww I ·· ; τ - τ . τ I .. τ τ . - .. Μ ...... Τ Τ V
Η.η .π^'ίπη ^Νίψ1 rm ,^ΝΊψ^ ττηρηι .οίηο oì>sn -ιπν *τ!?τιη .n-viy ν*) ρψι^ρ ηη ^ΐΠψ? ηι> i^mi mT>3V vw ν^π'Ρ HL) ηκψ'^ρ ίηψη? -inqpn ηη ·ΐη>3ψ2ψ nni TiNvy>3\yo inwns -ptn»n ."pnV m own n»n >21 -doni .-»vis τ · • ν · τ · - - Ir τ τ · -τι •· τ •irryiJi ψη vw ni>yiri κ'η nn ,η3ΐηο> nnw? ι ΐ'Νΐ 11 "T^nm g ι ilnin \y> nn g i nn 10 235on>W3W ouan G ι Ί3»η 5 Tbnn ín G ι n>n mym ν>π ,ν'π nayin η G I na'yiri ν»π 13 G H AL ΑΚΗ AH 14 323
Halakhah 14: "In any case of a not sinful preliminary marriage," etc. Rebbi Simeon ben Laqish asked before Rebbi Johanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage236, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: "Who is this? A priestly, or Levitic, or Israel woman married to a Cohen, a Levite, or an Israel.237" Rebbi Abin understood this from the second part: (In any case of a not sinful preliminary marriage, the child follows the father.) [In any case of a sinful preliminary marriage, the child follows the blemished part.]238 Rebbi Simeon ben Laqish asked before Rebbi Johanan: If a proselyte married a bastard girl, there is no sinful preliminary marriage, but the child follows the blemished part? He answered, everywhere Rebbi taught, he explained: "Who is this? A widow [married to] a High priest, a divorcee or one who has received halïsah to a common priest, a bastard or a Gibeonite to an Israel, the daughter of an Israel to a bastard or a Gibeonite.238" Could he not have objected to him: In the case of a disqualified priest married to the daughter of an Israel there is no sinful marriage but the child follows the blemished part239? In the case of a man taking back his divorcee after she had been remarried, there is (no)240 sinful marriage but the child is unblemished since Rebbi Hiyya said in the name of Rebbi Johanan: The daughter of a man taking back his divorcee after she had been remarried is enabled for the priesthood. What is the reason? [For she is an abomination,]241 she is an abomination but her children are not an abomination242.
235 The first half of the line is must have read «n'sv un instead of tw missing in G but obviously the text nya». 324 OIDDUSIN CHAPTER THREE
236 Following the rabbis in Hala- obvious that the G text is correct. khah 4:1 (Yebamot 8:2, Note 151), 239 Halakhah 4:6. The question is whose opinion is that of R. Yose in the not answered since the case presents a Babli, 72b; for R. Jehudah the marriage genuine inconsistency in the Mishnah. would be sinful but not punishable, not 240 Text of L; the interpretation has included in the list of Mishnah 14 to follow G. (Maimonides, Issare Bi'ah 15:7). 241 Deut. 24:4; quote missing in L; it 237 He pointedly avoids taking a is in Yebamot 4:13, Note 207. position about marriages permitted to 242 The marriage of the remarried proselytes. divorcee is sinful but not incestuous; 238 The text in parentheses is from the formulation of the Mishnah L, the one in brackets from G. It is correctly excludes this case.
inrn» bbm -nroiw)3 tiv"! -is .2*1 oyñ -pa >a-p? >t>v (64c line 43)
ïn nimicai nit?ioan ïy nmw i">>?y\? .Ji^toa
N i» ,·>3ΚΓΙ κπ-) rii-pvysn ϊχ v>ì©a Ν'ίη p^oan ïy ττη>ψ;> hù ΪΟΝ
ïy ™n>\íba ρ-ρυ .VPN H> ïy τηοηη ηψκη ηπψ itâç ÌO
by riìbioaa Hìy ι^κ-; p>w?n
243Rebbi Yose ben Rebbi Abun in the name of Rav: A proselyte, a
freedman, and a disqualified priest are permitted priestly wives. What is the reason? Qualified men are warned against disqualified women and disqualified women against qualified men but not qualified women against disqualified men nor disqualified men against qualified women. Did we not state: "they should not take, should not take", which teaches that the woman is warned through the man? They wanted to say, qualified women against disqualified men but it is only disqualified women against qualified men.
243 As noted in G, this paragraph is in Notes 10-14; a slightly different text, quoted in Yebamot 9:1, explained there HALAKHAH 14 325
.NJTtf)?» lítO')? inn Ί)ΟΝ .NOV >3"» 'lì!? ΚΓ1ΝΙ -tin "τη (64c line 48)
yi? Vit) .ÎTTV >31 >33> ΝΓΙ^Ι -IÏD ηψ .n>> ->>?ni
"IÇÏ* .·>ρν >»ip ΝΓΙΝη ΊΐΓ) .Ν»»ψ >pip NÎDiTT
η» -tçΝ .μγ>·>»7Ϊ? ΊΡ ηηψ ΠΏ^Ί ρ Nini y*!? rmr)
rpy? VN .N3aì5 '»IP N-iva inn ,ηυν >¡n ->»Ν .îjm^is >>
,ηψ NJri'pi ,ηψ M-JPV3. γμγρ>?> G ι ιηηηη 3 rasi? πηκ G ι nîini -ηη rb G I irò 2 NUW G i aïoj'n ι 11313'JN j^nyh no π!? G ι n>b 4 rmb g ι Όΐρ n»m> G ι N»o\y ìnrao mim G ι N3n'D3 6 rni>j G ι N-nn yrn G ι ίππ 5 iranN 'îii^NvyT G
A proselyte came to Rebbi Yose and asked him, is it permitted to
marry a bastard girl? He answered him, it is permitted. He continued and
came to Rebbi Jehudah, who answered him, it is permitted244 but you
should know that the children of such a man would be bastards before
Heaven245. He returned to Rebbi Yose and told him, since you knew that,
why did you permit it to me at the start? He replied, I answered you
what you asked me246. Rebbi Yose said, the proselyte can be compared to
cotton247. If one wants to use it with wool it is permitted, with linen it is
permitted.
244 The language is somewhat diffi- obligated to point out the implicit cult since for R. Jehudah proselytes are punishment meted out by Heaven for part of the "Congregation of the such an illicit union. Eternal" (Deut. 23:3), to whom marriage 246 Since he holds that proselytes with bastards is forbidden (Yebamot are not part of the "Congregation of 8:2, Note 151; Qiddusin Halakhah 4:1, the Eternal", he is not obligated to Note 105). But even R. Jehudah will point out that the children of the agree that marriage of a proselyte with proselyte will remain outside the a bastard Is not punishable. congregation if he marries a bastard. 245 From his point of view, he is 247 Which is neutral for the 326 OIDDUSIN CHAPTER THREE prohibition of sa'atnez. While wool may be mixed with cotton; cf. and linen cannot be mixed, either one Introduction to Tractate Kilaim.
.·>·> ΊΐΡΏ NI1 ϊΟ .ρπ^Ι 1ΐ)?η> iw-iyp m NIV? (64c line 55)
, .í ν .-κτ Din .un··:n- innτ ιγώτ κ- m -ιώ- τν 7íü3!? .it? νιι·>τ '!? mi!- ? iin!?: n- ηη
ι!?>3ν ονρπ? ηημίη o>n'!w .na -α ηιτ ioni Ninn ïy p>si
ìiì Ίΐγκρι μιγι ima wii^n obiyn lita n^rpm ol?iyn lio? -κριό nona >inva .dp D>\y't7\yn inv n»n nmn vn .ton Nìin m .ηη τ : ν : · · : : : · ·· τ τ ·· ¡ - ' ·• - τ τ - ν τ
ηηκ ,·>η>ν ηο^ ion ,-κρη Nini η·>ι yi> nirn NDn> "τη ρ^ο
.\yn71 Ν TIN .Np>p3 NWl N*113m D>N|7 J?N UTO!? ,n>>
^Ni in .*n>?n Nin^ Vin oy .·ριηΝ .lit? ton vñpn ^pqi 1» ion .N~n> Ninni p?n NjmiN"! 113 n>yi nyw "0 .>3*1 ton N^np n»n tr.nn pN .m_ oyñ N3in 2*1 ni >3*1 toni .1!? η>αη> pnn ,n>>
»0 Dp-j13n n^n ON .OtniSp 13>Νψ ΛΓΐη'Ν ,oi> n^n
.Nin Ί*)30 N3> Ni? 31T13 "Uyi? '1 OV3 ΝΠΝ "1 TO..31 3 pns> "1 G I - 2 ΠΠ>5 G I NH'D 1 31 mb G I ma 5 ηιυ3 *γπν G l lito 4 Nino NimN "ι G ι ino ίγών "ι "im G ι mini Nsnb >NÌ?33 6 n»3-i3 G l n>3i3 - G l oi> wvïv Niin o'Np ni7 a ι n>i? 7 >oy >3ï m G l >n>y mt .mi? Π3 g ι n>3 mini r\orò νγιν inai? G ι nun np>oa "ib *ny g i Np>t?a p my nra o»p G l N-ii3>>i3 i n>y3 9 ni? G i mb νί3> inn G ι pin G I iw 8 wtt g ι νητι
ι D3n> G I n>3m I'nn io n^Gln^ nm3iNiG ι νγπ31νι nynG G ι »n "πον G ι 'πον -m> G ι o>\yi?\y ní?n 11 N»n G ι mn ·)Ν G
N»n
One understands "the daughter of an Israel to a bastard or a Gibeonite," for it is written: "A bastard shall not come into the Eternal's congregation."
Why does the verse say: "of his shall not come"? To disqualify248. Rebbi
Abbu said, what means "ITDD ? "A strange defect."249 This disagrees with HALAKHAH 14 327 what Rebbi Jehudah ben Pazi250 said, "God installs singles251 as heads of families," even if there is a male bastard at one end of the world and a female bastard at the other, the Holy One, praise to Him, brings them and copulates them with one another. Rav Huna said, a bastard does not live more than thirty days.252 In the days of Rebbi Berekhiah, a Babylonian immigrated here253; he was informed that this was a bastard. He254 said to him, support me255. He255 told him, tomorrow you will stand up in the community and I shall look for an allowance for you. He came and sat during the sermon. When he245 finished the sermon, he said, our brothers, support this man for he is a bastard. After the congegration had left, he254 said to him, rabbi, I requested material support from you but you destroyed this man's life. He255 answered, by your life, life256 I gave you for Rebbi Abba, Rav Huna, said in the name of Rav: A bastard lives only thirty days. When? If he is not publicly known. But when he is publicly known, he survives.
248 Marrying a bastard, while sinful, L and edit io princeps. is not punishable. Therefore, one 249 The word for "bastard" has no might assume the children of a bastard etymology in the Pentateuch (following not to be bastards; they are not J. Barth, the root is jX. "to be dirty"). conceived in deadly sin. But Deut. 23:3 250 In Gen. rabba 65(2), this is disqualifies the children from marrying attributed to the Tanna R. Jehudah (bar in the congegration: "A bastard shall liai). not come into the Eternal's 251 A single person in God's eyes congregation, even the tenth generation cannot be a bachelor who could find of his shall not come into the Eternal's mates all around him; he must be an congregation." intrinsic single who has no known
It seems that G had here another marriage partner. This is the bastard derivation, of which no trace is left in who cannot marry a Jewish partner, 328 OIDDUSIN CHAPTER THREE
and as a Jew is unable to contract Century, Jews usually emigrated from marriage with a Gentile (but cf. the hostile Christian Roman empire to Halakhah 15). the more welcoming Persian empire. 252 This sentence is missing in G; it 254 The bastard. is superfluous here but will be quoted 255 R. Berekhiah. later in a fitting context. 256 Following the reading of G. 253 When at the end of the Fourth
.Νπ-ftooi ion»?» »np νοψ Nan!? -ρ ν*ρικ rr» (64c une 68)
"rt.00 VN Ν31Π 2"Π ,ίΟΐη 2*Π NVin Ν^Ν Ν ΓΙ .ρ ino .yù "ION
>3"! ~»ΟΝ *TD iö>V ,ΝΠΝ ΊΆ N3plV '3"> ΊΟΝ .DV Ο'ψ'!?ψ0 ΊΓΓΡ "Π
inn ,>ΓΙΟ>Ν ,ον ο^ψ ί?ψο ΐΓΐν »η -κοο Ι>Ν .ai oyñ NÌW ai Na
.NÌN Ή otniao N>N ON I>AN .otnìao I3'N\Y τ : : ττ τ -i τ s s ·· ν
ι Nipiy n>b ON > ι ON 3 Nbyw J ι NÍKN 2 ι>ηρ > ι >np pbo > ι ρ'^σ ι
>n j ι Π>Η ΝΠ » L ÎNN 5 ηην > l M>y APY >
257When Rebbi Ze'ira immigrated here, he heard voices call "he-bastard, she-bastard". He said, what is this? There goes that of Rav Huna, since
Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar
Aha said to him, I was with you when Rebbi Abba, Rav Huna said in the
name of Rav: No bastard lives more than thirty days, when? If he is not
publicly known. Therefore, if he is publicly known, he lives.
257 This is from Yebamot 8:3, Note statement. The text is missing in G. 201; an addition to Rav Huna's
13 liyow 'an ,-ηοο τ^ιη ϊΗΊψ na ïy Nan tay) (64C LINE 73)
ΗΨΝ» N!?N "K.OÖ ΡΝΨ ."RT.OO "Τ!?ΥΐΌ VN .ΉΝΡΨ >3"! O\I»3 RNIN?
*τη2* Ν*ιρο οη>3ψί .riña n^y va^ni nny WN νϊ)> riyvN, Ν>ηψ
vaN TWN no .VIM I>NO >a-I ."M vaN JWN TIN VPN Ν1? ,ΙΝΤΝΤ • τ ν τ - τ ...... τ ν .. . . ιτ HALAKHAH 14 329 τ^ηπι onnNi ïy i>\¡m>p vù vy> t7i>f .i>vm>p n>!?y ^ ΡΝψ rnoi>>? rmn> la ρν>ρψ ni .ntjpjo Tbifin i>\yn>p vty η!? i>n\t!?3 in .*n>p2
v>> DN !?IÌS .νΨ^Ρ i^V ^ VW JHDvp VIN ηψΝ nn .\¡m trnnN ïy Ν'ϊη vïy rù ι>Νψ iiy) >ia ns> -τ^ιιη οηηΝ ^ pvm>p 7103? nrj .N>>mp ^ ϊ>Νΐοψ ni ι>ηπ .ρΨ^Ρ ovñ >ν3> ni .im ialini ο>ιπν ïy Νΐη vïy rb ι>ν ηη τυηψ 13 ήνρψ mi iJnv m ,-κρ» i^iin ϊπιψ na ty ΙΝ3Ψ "riy"! ^ -α ΐίνρψ m νπν na ni t^D -PIP!* linn.Ji vy>p!?
Hïy !?it?3 N'bi i\ib ì:pn ι^ηο .mi >N3> ni oyñ >i> 13 v\yin> '31 "T^lin -i>?ri nin ,-nn Nri>pn> n>>w? rm> ni oy ρϊν ιτυί> >31 .oniwp
"T3Ü ni .πόντιο Nin ^w Nim πκτίη *τ!?Υ) vnn .N-t>y* ni -ιών "5 V " ¡ · · -! - Τ TS • ·· τ τ • : - Τ "Τ oip»?3 N"ì3ì 13 Ν3 ni 'Ι.ίπ ."W? riniV ^H? "n .onit>? nna .ro>?r) >31 ovñ Ni>v\ ni 'PiP i»n nn ni *iW? "T^lin
-ιών .rmqo ή>ώ> y>N niìi ι» i>n .Ni>*rç ni ion .-ws τ^ηη pit»» Nlfl Π3>3Π "13 N)pn >31 ·Π3ίθ1 ÎWNl y*T> Ν3Ν .Π»Ρ\η >31
113>Ν ι» ι>3ΓΙ Π>ΝΙ ττ^ντ in .η>> doni >i3N nî> ΝΓΙΝ .ττντ rm»?n>
.1ÍÍ13 Vïpîl N^J Ν>>^103 in>3\yi ρηι> ννη νιγών ·ί g i omvn 3 'wo G ι own 2 waw G ι κηη ι l'üvpp nb ν») b3N .ρνιτρ n>by ib vnw jnnvo ι>ηκ íiwn no p\y-n G l wn 4 3N nwN no G ι ntno ibnn vvm>p (nb tnw ^d in ,-iran t^nni onnN bv no 7 -noo tbiin ν*Ίτ>ρ vby nb Ii>N\y bD] in pwifp [T>by nb i>]nw mni>o -rinin o>-inN by ν^ιτ'Ρ v> on ."i'^n'P i'^V ^ I'nw mnvn i>3N tivh imo -Tbiin i>\yn>p innN by Nbi vby N[b nb rnnvn 2H dwn [no] G I Λίοο n»3n nnb Π3Ν m bNiov a>no G ι Ν»οτρ ν»3π Ν>ηη by ν3ν -α bNiow 'ί ι>ηη 9 15 -IVO Nb G I -IWD 1J>N 13 >31 'Wn IG 11 OV2 >NJ> "1 10 n»OTp rniyt G i N-i>yt η opon G l oipon ma* G ι ηίιϊ 16 nnyt G l Ni'y» G ι νγιν 20 pwo >ya bm G ι ρισ'ο b>w mn 19 in man G l yw Ntn 18 pa G I ima 21 nb G I n>b ππν 330 OIDDUSIN CHAPTER THREE
It was stated: "If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard258; Rebbi Simeon ben Jehudah says in the
name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation259." 260Both of them explained the same verse,
"nobody may take his father's wife, etc."261 Rebbi Meïr explains: Since
his father's wife is special in that he cannot have preliminary marriage
with her, but she could have preliminary marriage with others, and the
child is a bastard, so in all cases in which she cannot have preliminary
marriage with him, the child is a bastard262. Rebbi Simeon ben Jehudah
explains: Since his father's wife is special in that she cannot have
preliminary marriage with him, but she could have preliminary marriage
with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with
others244. Rebbi Samuel bar Abba questions that first Tanna: The sister-
in-law who whored cannot have preliminary marriage with him or with others263, but the child is qualified264! Rebbi Yannai in the name of Rebbi:
If a Gentile or a slave had intercourse with a Jewish woman, the child is a
bastard. Rebbi Johanan and Rebbi Simeon ben Laqish both say, the child
is a bastard. Rebbi Jacob bar Aha, Rebbi Simeon bar Abba, Rebbi Joshua
ben Levi, in the name of Rebbi (Yannai ben)265 Rebbi: The child is
neither qualified nor disqualified but dirtied266. Rebbi Jonathan went with
Rebbi Jehudah Nesia to the hot springs of Gadara. There, he instructed:
The child is qualified267. Rebbi Ze'ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The HALAKHAH 14 331 child is qualified. Rebbi Bevai said before Rebbi Ze'ira in the name of
Rebbi Hanina: The child is qualified. Rebbi Ze'ira said, if it is from that, one does not learn from a declaration. Rebbi Hizqiah said, I know the story from beginning to end. Rebbi Hama bar Hanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified268, lest you injure them.
258 Yebamot 7:6 (Note 129), Ketubot 23:1 from Lev. 18:8, 20:11, to be 3:1 (Note 22), Gittin (Note 123); Babli connected with the exclusion of the Yebamot 45a. The entire baratta in bastard from endogamous marriage. Tosephta 4:15. Deut. 23:3. It is understood that a man's 259 Mishnah Yebamot 4:14. child from his father's wife is a 260 In G, the following is a bastard. The problem is to discern the statement by R. Abbahu in the name of legal principle which implies that the R. Johanan. child is a bastard. 261 A parallel discussion, among 262 This text, adopted by the editto different Tannaïm, is reported in princeps, is the corrector's text. The Yebamot 4:15 (Notes 211-218). The second clause and a logical connection prohibition of the father's wife (who is are missing from the scribe's original not the mother) is repeated in Deut. text which makes no sense as it stands:
ty on •VVW'î? to 1'Νψ ιττηΐ'ρ ί>?ν jivín no ,v¡m tno >31 ,ΐίοη "τ'Ρϊΐπ Rebbi Meïr explains: Since his father's wife is special in that he cannot have preliminary marriage with her, but if she could have preliminary marriage with him, the child is a bastard. Reading of G (lacunae in the text filled in brackets): ^in .itpo v\m>i? [n>by ii» í>nJví rnnv>? 3n îiïîn no .vim vno >a*i
.•wipo -rinin vwvpp i'VV ^ ΙρΝψ-^?! Rebbi Meïr explains: Since his father's wife is special in that he cannot have preliminary marriage with her, so in any case in which she cannot have preliminary marriage with him, the child is a bastard. 332 OIDDUSIN CHAPTER THREE
It seems that the original text under- nor punishable. lying L was the text of G. 264 To contract marriage "in the 263 Yebamot 1:1, Notes 93-94. The Eternal's congregation." widow of the childless man is obligated 265 There is no R. Yannai ben to definitively marry his brother in Rebbi. Later the statement is quoted in levirate; by biblical standards this the name of R. Gamliel (IV) ben Rebbi. requires no preliminary marriage. By G is illegible at this point. the same token, she is unable to 266 If the child is female, she is not contract preliminary marriage with any eligible as marriage partner of a other man before being released by Cohen. halîsah (cf. Halakhah 5, Note 166). 267 Even for a Cohen. Any sexual relations she might have 268 Children of Jewish women from during the time she is waiting for her Gentile fathers. levir are sinful but neither adulterous
.>ni> ·ρν>?ψ ra-» own -ion rmn? ywpw rarf 23 by «in (64d line 22)
N'nvy nn>n onv> mio .-iy>3 -Tbnn bN-»\y> γώ by inüw *nyi ν τ '·• : τ : IT · ν ? ·· τ τ : - •• τ j · - τ ν ν . :
.-ivy? ïbrin ίπίπΝΐ by Nan ."ion ywirp ^-ΐϊ ^ by <ìn .rmrpn io nbiü?
νγιν vw -13 *rn .roinpn "io nbica Ν>ηψ ni'pî ηπ>η οΝψ niio
ΙΟΝ .rl'b ION .'NJOIN p ΓΡΟ>Ν n>rn>bn pi? ΙΟΝ
by ηΝ .^3>bv??l bNiov> vint ty rpb?o tjo^ in .Nnia -11 νοπ 11 n>b
njvn οΝψ nïio ,-ivd ibyin bN-^ψ? m by ΐΝ3ψ "Tay·) .-ion 317 ij
.n^n^n 10 nbio?v> nyRi 3ττ m>p3 τ^ιιπ > ι m>pj 4 instan πιπν > ι ίπίπν 3 ηιο > ι mio 2 pbn j ι l'bjo 6 ΝΊ35 νιπτττ non jvpbn χ ι γρο>ν π'πτ'^-τ 5 m rasb 31 I mo > ι mio 7 >η»τ j ι >πντ
269Even though Rebbi Simeon ben Jehudah said in the name of Rebbi
Simeon: If a Gentile or a slave came to a daughter of Israel, the child is
acceptable; they agree that if she was female, she is blemished for the
priesthood. Even though Rebbi Joshua said, the child of him who sleeps HALAKHAH 14 333 with his sister is acceptable, he agrees that if the child was female she would be blemished for the priesthood. A man came to Rav and said, since the children of this man's mother are from an Aramean? He said, acceptable. Rav Hama bar Guria said to him, let your feet carry you away before Samuel comes and declares you blemished. Even though Rav said, if a Gentile or a slave came to a daughter of Israel, the child is acceptable, he agrees that if it was a female, she would be blemished for the priesthood.
259 This paragraph is from Yebamot that source. 4:15, Notes 215-218. G only refers to
ΓΡΌΜ ï>t>ian ,·|)3ΓΙ "3ΓΙ ,ΝΠΝ ni lpy> >1-1 ΊΟΝ (64d line 30) Ì7ην usa 13. Dinari >3*ι ηψ?ο Ì!T£>NI "vvôn "vvònn·! ηψκι ,vy>N -rnw tn^ .nwrptolw io vi3!' ^ V7?)p in? tmp? ίά> N!? irò rùyj YPN it» .νm .nivmpn ϊ>ίοψ> niaa. by vimi» oriN ρΝψ ,ογιν ynpj .'toy, ί»ιρ N^I .cpnqi ip ·θϊ)ΐ?1 •O>ti0ì
ρ η1? .η'!? iön .ηηοηη ιΟ n»i? iön .rpmn >2*1 oy íoo op -τ τ : - τ ττ -τ τ: ν: ·· · ττ 'τ
-pvôn "νψορη·; γριϊμ btós btnsn oori »sri ,νπν -o ipy> >3-1 -iksn
pin ypvp ίοηΓ) Η^η íoorp. rp-α ,γρ> *v?n ww ηψΝΐ to'sis
.mm -pirn îos^IN vin ν'ΡΨ iO'ìtì te'N
ΓΡΌ?3 !?t>Ì3n .rftÇN Γ1Ν IO ΓΙ .13piy -1Ç Ì?y >>>3 pïy ΝψρΠ} .Dìt73 ipj^N NÍ3 ΓΙψΚ3. ΟΎ1 .D>1332 TVÍDQ W?©rï!
,-ιιίTTν NDτDτ n>î·?· ,π^·· -»»- κτ .o>nn· s ~n " τ 9 oinrn 51 D>nm 6 inw g ι γπν 5 inD>3 g i imo 4 - G ι ">sn 2 ίο '-ι G ι m πη-ι G I n>3i il ™>ηπ liwr g ι win io inn G ι i>tn rwoi-α G ι Nwni-α 12 ΠΊΟΝΠΝ pn G 1 mm ηκ NDH 334 OIDDUSIN CHAPTER THREE
Rebbi Jacob bar Aha said: There270, they state that the one who
disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a married woman271. Rebbi Tanhum bar
Pappus sent and asked Rebbi Yose about two cases from Alexandria, one
involving an unmarried woman, the other a married woman. About the
married woman, he wrote him: "A bastard shall not come into the
Eternal's congregation.272" About the unmarried woman he wrote, be
inventive273, for your are not forewarned about the holy daughters of
Israel. He274 said to Rebbi Mana, take and sign; he signed. He said to
Rebbi Berekhiah, take and sign, but he did not agree. After they ended
the session Rebbi Mana was standing with Rebbi Berekhiah and asked
him, why did you not sign? He answered, did not Rebbi Jacob bar Aha
say that there, they state that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies even from a
married woman275? He said, praised be the Merciful that I had not heard this doctrine, for if I had heard this doctrine I would not have signed and
people would have said that the student276 disagrees with his teacher. Mar
Uqban said, here, you say that the one who disqualifies, disqualifies from an unmarried woman, and the one who qualifies, qualifies from an
unmarried woman, but about a married woman, nothing was said. The next morning he277 came and wanted to sign. He278 said to him, there is no space.
270 In Babylonia; Babli Yebamot single. R. Simeon ben Jehudah who 45b. declares the child qualified does so 271 R. Me'ir who declares the child even if the mother was a Jewish of a Gentile and a Jewish woman a woman married to a Jew. Practice in bastard, does so even if the woman was the Babli is decided according to R. HALAKHAH 14 335
Simeon ben Jehudah. woman qualified. He collected 272 Deut. 23:1. He decided against signatures from the members of his the Babylonian practice. Academy to stress the importance of 273 The expression l'iaa is a hapax his decision. legomenon. It can be derived from 275 How can you qualify the child Aramaic 'na "to invent a story", or from of the unmarried woman if the child of a multiplicity of Arabic roots. In G one the married woman is a bastard? reads "you should recognize that", 276 R. Mana, the student of R. Yose. meaning that both the girl and her 277 R. Berekhiah, who had heard child can marry in the congregation. from Mar Uqban that R. Yose decided The only argument one has for the text correctly according to the Galilean of L is that it is lectio difficilior. tradition. 274 Rebbi Yose (the Babli, Yebamot 278 R. Yose, who apparently was 45b, is undecided whether it was R. offended by R. Berekhiah's behavior. Yose bar Abin or R. Yose bar Zavida) R. Berekhiah was a great preacher but who declared the child of the married no great authority in law. woman a bastard and that of the single no ,n>> don .pnv njin i;«* ns ->3 n»n '3-1 (64d une 44) rmyja n> roa^i ιών .ino Ν'ϊη im ,n>> ί»ν ,:p7>!? ni ηψί>»
,n>3 y>2 Ν^ την im? >£ΠΝ >t> 13
<1Ν ,-iôîn yvyiri» >31 .*ny>bí* >3"! .nb>»n ιπν îjbin ^Ό bö
>ϊγπ .νίτ3(7 -α ^γιι ν*ιπ:? >ib 13 nbnVD
.Ν>ψρι .vmpb b3\? κ^ψ νκψ "W? η.Γ) baV κ^Ί
ίη κψ iva ΟΏ >3Τ3 >31.rrywn πκριυη nbp ηΝριο ib riby
.ib nby ϊΗΊψ nvrnp owb n'now G ι n>jTC»\y 4 na G l n>a 3 rb G l n>b -jn> by y-i>N G l «a 2 336 OIDDUSIN CHAPTER THREE ι ν-τγο 8 - G I íiiDyn ... p n!71 pn G l pan 6 G l'm îon g i ni 5 - G h!7 io n»v»pi g ι N'wpi i3>N\y G ι HÏV 9 map G l toop τπγο G
Rebbi Hiyya bar Abba went to Tyre. When he came before Rebbi
Johanan, he asked him, what case did you handle? He said to him, a proselyte who had been circumcised but had not immersed himself279. He asked him, why did you not injure him280? Rebbi Joshua ben Levi281 told him, leave him alone, he acted correctly not to injure him. The argument of Rebbi Joshua ben Levi seems inverted. There, Rebbi Jacob bar Aha,
Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi
Gamliel ben Rebbi255: The child is neither qualified nor disqualified but dirtied282. And here, he says so? Did we not state283: If a proselyte was circumcised but not immersed, immersed but not circumcised, everything depends on circumcision, the words of Rebbi Eliezer284. Rebbi Joshua says, immersion also is necessary285. But Rebbi Joshua ben Levi follows what Bar Qappara stated, as Bar Qappara stated: A proselyte who was circumcised but not immersed is qualified since there is no proselyte who did not immerse himself for his emission of semen286. Is that not difficult? The cleansing from a minor impurity is counted for him for a major impurity287? Rebbi Yose ben Abun said, since either one is for the holiness of Israel, it is counted for him288.
279 From the context it seems clear bastard. that the proselyte had married a Jewish 280 And declare the child a bastard wife and R. Hiyya bar Abba declared since the father did not complete the the child qualified to marry in the process of conversion. congregation even though his teacher 281 Of the generation of R. R. Johanan held that the child of a Johanan's teachers. Gentile and a Jewish mother was a 282 Then at least R. Hiyya bar Abba HALAKHAH 14 337 should have declared any female child water is not the fact of immersion but ineligible for the priesthood. the intent of the action. The impurity 283 The statement of the baraita is of an emission is minor since it can be missing in G. remedied immediately. The entrance 284 Circumcision is mentioned in of a proselyte into the Jewish system of Ex. 12:48 as formal requirement for impurity is a major undertaking. How conversion, but nothing else. can a routine immersion be the
285 Since all the Childen of Israel, equivalent of a major ceremony? when they were converted to the 288 The argument is quoted in the Jewish faith at Mount Sinai, had to Babli, Yebamot 45b, in the name of R. immerse themselves, Ex. 19:10. Joshua ben Levi; a similar principle is 286 Which is required even for promulgated by Rav Assi for a woman lawful intercourse, Lev. 15:16,18. proselyte who follows the rules of 287 The essence of immersion in family purity.
i!? ν>»ψ >pn .pari ίώγι .nnro·) nnaw τ^η rrç .π* rrç (64d line 55)
.πηοίη nnpwn ρ vn ovia pnv 'n ,n>-D3 .n'ira!; rr>nn Γΐ>*τ!?ν) nvwn ivm .nnavi ••¡'TT · · : τ TV - ν : · τ ν τ · τ · τ · s · τ : · nîs -pp? ·>? i>rpì Ίΐΐπ tjra DI inn^n κ'!? i^ns ,>nv la ήνφψ
Ν'ΡΝ >11(7 n^iari U32 PN·) πΪΗΊψη ,ηηϊ<Ώ ÎJ33
msa a ι trun ρ 5 - a ι inb inn ina 4 όν ·ρην> a ι ρην - a ι 'roi 3
"Who is this? The child of a slave girl or a Gentile234." There289, we have stated: "Except what he has from a slave girl or a Gentile."
290A slave woman: "The woman and her children shall belong to her owner." A Gentile woman. Rebbi Johanan [said]
in the name of Rebbi
Simeon ben Iohai, it is written: "You shall not conclude marriage with them, your daughter you shall not give to his son". And it is written: "For he will divert your son from following Me." Your son from a Jewish 338 OIDDUSIN CHAPTER THREE
woman is called your son; but your son from a Gentile woman is not
called your son but her son. rna ine "pbNw "pjw .lis!? rnniai vww a'pj>>
οπίη?ψ» ïy ?qn ρ ήη!? ηψ>>? laoi .Nnawa njv'ô'wî
jw i5>np -içn .>î7>?i >γι» ,-ιηκ »an >a*i yr?\y .ojiiaN n>a>
ninaan nna ni-p? run^n pin v?
rniroi don îin ròapn pi *i»n ,'iii lop "Tbúni
lini> ΊΟΝ-Τ Ν>πη ρ DON .nîiniN mn ρ DON .ηψν?
Nirrr -j\?an oiaq ion ,'!?idi oa irinipri tO ,>nv ·)? "pypw ovñ
,Noi?pa Nao τ :'·..: ττ η I yinb 2 πηη a ι rnn -ιη>η a ι i^nw a ι nni33 a ι π»τη3 ι 'DDT ντπ a ι i>in 4 nriN ρ>κο a ι un p>no >pbH n'3in»N a ι 3 lib ντπ a ι ηη>τΐΝ pin 6 i3>nbNb a l "m po ibism rimari o>wn bD .»ΊΠΝΟ 1)3 TIN TO> >3 '1131 D3 ΊΪΐηΠΓΙ ΗΪ 'J13 3 I 'Î7131 03 ΙίΙΠίΙΠ tÒ 7 Π»ΎΙΝ 7133 NbN "]33 Tip ΠΊΙΟ "J33 i>Nl 131 >np 'WO 733
Jacob from Kefar Naboraia went to Tyre. They came to ask him, may
one circumcise the son of a Gentile woman on the Sabbath? He wanted
to permit it from the verse: "They determined their genealogies for their
families according to their fathers' houses." Rebbi Haggai heard it and said, he shall come and be whipped. He said to him, for what reason do
you whip me? He said, from what is written: "Now we shall make a covenant to send away all foreign women and those born to them, etc".
He said, you want to whip me based on tradition? He said, "and it should
be done according to the Torah." He said to him, from which teaching?
He said, from that which Rebbi Johanan said in the name of Rebbi Simeon
ben lohai, it is written: "You shall not conclude marriage with them," etc.291 He said to him, whip your whipping, because it is good to impress. HALAKHAH 15 339
289 Mishnah Yebamot 2:6. As long Chapter 2. The story about Jacob from as the mother is Jewish, there is no Kefar Naboraia is also in Gen. rabba difference between legitimate and 7(2), Num. rabba 19, Pesiqta rabbati 14 illegitimate children; but children from ed. M. Friedmann 62b, Pesiqta dR. a Gentile or servile mother are not Cahana (Buber) Parah Note 99, their father's children. Tanhuma Huqqat 6, Tanhuma Buber 290 From here to the end of the Huqqat 15; Eccl. rabbati 7(44). Halakhah, the text is from Yebamot 2:6 291 Quoted in the preceding (1), Notes 140-146. G only has a note paragraph. to continue the text in Yebamot,
vi^n v>ì:p ."»oìn ή£ηο îiîv» (foi. 63d)
.-IKJÌN .min n lan HXW .-ny "τ^Ο Γΐη?ψ
rrç η η
Mishnah 15: Rebbi Tarphon says, bastards can cleanse themselves.
How is this? If the bastard married a slave girl, the child is a slave. When he is manumitted, the son is a free person292. Rebbi Eliezer said, he is a slave and a bastard293.
292 Naturally, the son is not legally 293 In his opinion, manumission of his father's son and heir; he cannot the slave will not remove the stigma of inherit except by a will. But he will be bastardy. able to marry in the congregation.
VIWO .low "PS"»« na^il (64d line 68)
Νπ?>·>η .^κιηψ οψ} rnin? 1*1 .nn?\y N\ÍP> ib imo
.N>ni3p 13D3 nin >N)o>p .Npiv3?N? nin rn ."paio >a*p 340 OIDDUSIN CHAPTER THREE
G I Ν»ΎΙ30 13D3 G I >N0>0 n»DW3N3 G I N>DW3N3 G I 3 . . .3ΌΠ31
Halakhah 15: "Rebbi Tarphon says, bastards can cleanse themselves," etc. So is the Mishnah: A bastard is permitted to marry a slave girl294.
Rav Jehudah in the name of Samuel: Practice follows Rebbi Tarphon295.
Rebbi Simlai instructed in Antiochia296, Rebbi Simai instructed in Kefar
Seforaia297: Practice follows Rebbi Tarphon.
294 This is not an emendation of the 2) having the possibility of sexual Mishnah, but a logical inference. In relations is a basic human right (Gen. general, a Jew is not allowed to sleep 1:28). The Babli agrees, 69a. with a slave girl since any sexual 295 Babli, 69a. relations with a person whom he could 296 According to the Babli, his not marry violate Deut. 23:18. But R. landlord was a bastard; he counseled Tarphon implies that the informal him how to have marriageable marriage of a bastard with a slave girl children.
(or a free Gentile woman) has rabbinic 297 The name of the locality cannot blessing since 1) the bastard is be determined either from L (different precluded from contracting a marriage versions of scribe and corrector) or with members of the congregation and from G.
.ninw \ynn ν"ρ>ί»ψ πψΝ) \y>N \¡ñ .*vn>? vr> own (64d line 72)
τηΝ ίο» fnN ,o?i5 ηη o^i vp>ííT) nna\y·) την ft wy 'ο .t^o
.omv nt] om n>>irn omy ri»yi γρ. .m IHN-! na
.TiV i? *T>>lm nnavy ïy H2v m .mm ίαη .N-pyt >:n *i»n ν ν τ:-»·· τ:· τ·/ τ : IT τ τ τ *· : - τ nrj T>>in·) iriyn -ιπΝ-j ,-κρη "τ^γιη ·)ΐ η-ρ>ίτη ηη?ψ "Ο.Ρ'Ψ
την ft \y>w >» .rimiro íqn!? rmì? νηκ^ -oíd \y> .nnwn -rny m • · ν - TT j · : ·· τ · τ : ·· ·· τ s ¡ ν *ν ιπϊ .îm> vtor^ irm ηη?ψη πι* "ηινψ ."ja -τ·>>ϊη·) nnavñ
.rimirp im> Tirib VIN κιηψ HALAKHAH 15 341
Di\yb G ι •my ηνΛ m G ι ρ-ι 3 G ι >α 2 -pr^m irw G ι inflow ι ι τηνπ ρ>η G I id 5 πηανπ G ι nnaw τττπ mw G I ντπ N-pyt 4 *ny ι rinovim πν 7 vm\K G ι wv niîw \y> G ι \y> ny ρ G nay 6 tnyn tin g nnawG
298"It was stated in the name of Rebbi Meïr: It can happen that a man and a woman give birth to five nations299. How is this? [A Gentile]300 had a male and a female slave who had children: these are Gentiles301. If one of them302 became Jewish, one is a proselyte and one a Gentile. If their master converted and converted them303 as slaves, [any children] are slaves." Rebbi Ze'ira said, this implies that if a Gentile had intercourse with a slave girl, the child is a slave304. "If he manumitted the slave girl and she had a son, the child is a bastard305. If afterwards he manumitted the slave and he begat a child, he is a freed slave.306" 3°7"it can happen that a man sells his father to pay his mother's ketubah. How is this?
Somebody has a male and a female slave and they have a son. He manumitted the female slave, married her, and willed all his property to her son. That is one who sells his father to pay his mother's ketubah."
298 Tosephta 5:11-12; in slightly 302 One of the children. different form Babli Yebamot 99a. 303 If the parents become slaves in 299 A nation is defined here as a a Jewish household, the children will group of people following identical be slaves under Jewish law. marriage rules. 304 This rule is presupposed 300 Reading of G and Tosephta; everywhere in the Yerushalmi. Since implied by L. the slave girl cannot marry and is 301 As far as Jewish marriage laws forbidden as sex partner to any free are concerned, there is no difference Jew by Deut. 23:18, she has the right to between a Gentile free person and a freely associate both with slaves and Gentile slave. Gentiles. The children of the slave 342 QIDDUSIN CHAPTER THREE mother always inherit their mother's 252). status; Mishnah 3:15. 306 Following Mishnah 3:15, there is 305 Once the woman is freed, if she marriage without sin; the child obtains continuous to live with the slave who the status of his father. was her de-facto husband as a slave, 307 Tosephta 5:13; Babli Yebamot the child is a bastard for R. Meïr (Note 99a.
awj·) .Nia1? p-linvp p-W?)? PN ,ηκήκ "PN» VT) (65a line 5)
,-ioiN ipr> *>ΆΊ .nino ÏXH τηηυ-) n$>\? ^¡s Π3>υ .-mvptp ion .'ui oninvp o>n ^nn ηοκίψ .Nia!? vnyì mino οηίρκι
OD^l^r!??)?! 0?>riìN>310-!73)? *1«ÌN Ì3>N .*VN)0 Ü7
DD>riiK)?10-!7D·! DON} .'OP i!? "»DON
ODJW ΊΠΟΝ ">)?ÌM ΝΠ Τ")?!? Ί)?ίΝ >r)»il ρΓΙΥη OD^I^riOpì
>pi> >a-p γό!?γ) p¡s .ion ηρν a*i ow? íoíd ran .jmnpçn ρ n!w
.Nia1?
πστ> G ι >σν 5 ojnnoi G ι "m 3 ποτ G l >oi> (twice) nm>o G ι mno 2 I >OV 7 Π31Π G I Ν31Π ρ ηΝ G I 1» 7 OD^ÙJ G I DD'blbn 6 Î7DO G I boi [rtnnn in piùv fmb G l ionb 8 ntn> G
308"Rebbi Meïr says, bastards will not be purified in the future, since it is said309: 'The bastard will dwell in Ashdod'; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said310: "I shall pour upon you pure water [and purify you]283." Rebbi Meïr said to him, but it says only "from all your impurities and all your abominations I shall purify you." Rebbi Yose said to him, if it had only said, "from all your impurities and all your abominations" and then stopped, I would have agreed with you. But since it adds "I shall purify you311", from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose312. HALAKHAH 15 343
308 Tosephta 5:4, Babli 72b, in part of the verse to which one really different formulation. refers.
309 Za. 9:6. 312 A repetition not logically
310 Ez. 36:25. necessary.
311 Quoted in G; the "etc." in L is 313 G adds: "The generations are better talmudic style, not quoting the wretched."