Babylonian Talmud: Tractate Yebamoth

Folio 45a

to the offspring of a union forbidden under the penalty of flogging, since the betrothal in such a case is valid¹  but here, in the case of an idolater and a slave, since betrothal in their case is invalid,²  they are like those whose union is subject to the penalty of kareth.³

An objection was raised: If a slave or an idolater had intercourse with the daughter of an Israelite the child [born from such a union] is a bastard. R. Simeon b. Judah said: A bastard is only he who [is the offspring of a union which] is forbidden as incest and is punishable by kareth!⁴  — No, said R. Joseph, who [is referred to by] 'all agree'? It is Rabbi. Although Rabbi said, 'These words⁵  are applicable only according to the view of R. Akiba who regards a haluzah as a forbidden relative',⁶  while he himself does not share the same view,⁷  he agrees⁸  in the case of an idolater and a slave. For when R. Dimi came⁹  he stated in the name of R. Isaac b. Abudimi in the name of our Master,¹⁰  'If an idolater or a slave had intercourse with the daughter of an Israelite the child [born from such a union] is a bastard'.

R. Aha, the governor of the castle,¹¹  and R. Tanhum son of R. Hiyya of Kefar Acco¹²  once redeemed some captives who were brought from Armon to Tiberias,¹³  [Among these] was one who had become pregnant from an idolater. When they came before R. Ammi he told them: It was R. Johanan and R. Eleazar and R. Hanina who stated that if an idolater or a slave had intercourse with the daughter of an Israelite the child born is a bastard.

Said R. Joseph: Is it a great thing to enumerate persons?¹⁴  Surely it was Rab and Samuel in Babylon and R. Joshua b. Levi and Bar Kappara in the Land of Israel — (others say, 'Bar Kappara' is to be altered to¹⁵  the 'Elders of the South')¹⁶  — who stated that if an idolater or a slave had intercourse with a daughter of an Israelite, the child born is untainted! — No, said R. Joseph, it¹⁷  is [the opinion of] Rabbi.¹⁸  For when R. Dimi came⁹  he stated in the name of R. Isaac b. Abudimi that it was reported in the name of our Masters that if an idolater or a slave had intercourse with the daughter of an Israelite the child [born from such a union] is a bastard.

R. Joshua b. Levi said: The child¹⁹  is tainted. In respect of what?²⁰  If it be suggested in respect of entry into the congregation, surely [it may be retorted] R. Joshua b. Levi stated that the child was fit! It must be then in respect of the priesthood;²⁰  for all Amoraim who declare the child¹⁹  fit admit that he is ineligible for the priesthood.²¹  This is inferred by deduction from the case of a widow a minori ad majus. If in the case of a widow who was married to a High priest whose prohibition is not equally applicable to all²²  her son²³  is tainted,²⁴  how much more should the son of this woman²⁵  be tainted whose prohibition is equally applicable to all.²⁶  The case of a widow who was married to a High Priest may be different, since she herself becomes profaned!²⁷  — Here also,²⁸  as soon as cohabitation occurred the woman is disqualified;²⁹  for R. Johanan stated in the name of R. Simeon:³⁰  Whence is it inferred that if an idolater or a slave had intercourse with the daughter of a priest, of a Levite or of an Israelite, he disqualified her?³¹  It was stated But if a priest's daughter be a widow, or divorcee;³²  Only in the case of a man in relation to whom widowhood or divorce is applicable;³³  an idolater and a slave are consequently excluded since in relation to them no widowhood or divorce is applicable.³⁴

Said Abaye to him:³⁵  What reason do you see for relying upon R. Dimi?³⁶  Rely rather on Rabin!³⁷  For when Rabin came³⁸  he reported that R. Nathan and R. Judah the Prince ruled that such a child is legitimate;³⁹  and⁴⁰  R. Judah the Prince is, of course, Rabbi!

And Rab also ruled that the child is legitimate.⁴¹  For once a man⁴²  appeared before Rab and asked him, 'What [is the legal position of the child] where an idolater or a slave had intercourse with the daughter of an Israelite'? 'The child is legitimate', the Master replied. 'Give me then your daughter' said the man. 'I will not give her to you' [was the Master's reply]. Said Shimi b. Hiyya to Rab. 'People say that in Media⁴³  a camel can dance on a kab;⁴⁴  here is the kab, here is the camel and here is Media, but there is no dancing'!⁴⁵  'Had he been⁴⁶  equal to Joshua the son of Nun I would not have given him my daughter', the Master replied. 'Had he been like Joshua the son of Nun', the other retorted, 'others would have given him their daughters, if the Master had not given him his; but with this man, if the Master will not give him, others also will not give him'.⁴⁷  As the man refused to go away he fixed his eye upon him and he died. R. Mattena also ruled that the child is legitimate.⁴⁸  Rab Judah also ruled that the child is legitimate.⁴⁸  For when one⁴⁹  came before Rab Judah, the latter told him, 'Go and conceal your identity⁵⁰  or marry one of your own kind'.⁵¹  When such a man⁵²  appeared before Raba he told him, 'Either go abroad or marry one of your own kind'.⁵³

The men of Be-Mikse⁵⁴  sent [the following enquiry] to Rabbah: What [is the law in respect of the legitimacy of the child of] one who is a half slave and half freed man⁵⁵  who cohabited with the daughter of an Israelite? — He replied: If [the child of] one who is fully a slave has been declared legitimate, is there any need [to question the case of the child of one who is only] a half slave!

R. Joseph said: The author of this traditional ruling⁵⁶

1. V. supra 23a.
2. V. Kid. 68b.
3. The offspring from which is a bastard.
4. Now this Tanna, whose view is exactly the same as that of Simeon the Temanite, indicates quite clearly that the offspring of a union with an idolater or slave is not a bastard! (V. supra n. 10).
5. That cohabitation with a deceased brother's wife after halizah with her rival has not the force of marriage and no divorce is required. The child from such a union would consequently be deemed a bastard.
6. Infra 52b.
7. But maintains that the child of such a union is no bastard.
8. With R. Akiba; and the child is consequently a bastard.
9. From Palestine to Babylon.
10. Rabbi, R. Judah the Prince.
11. Cf. Neh. VII, 2.
12. [H] in lower Galilee, v. Sanh., Sonc. ed. p. 484, n. 7.
13. [Rashi reads: Antioch. Armon has not been identified. V. Horowitz I.S. Palestine, s.v.].
14. Just as a string of names could be quoted in support of the view that the child is a bastard, an equally imposing number could be quoted in opposition.
15. Lit., 'and bring in'.
16. [With particular reference to the scholars of Lydda among whom Bar Kappara and R. Joshua b. Levi were included.]
17. The ruling that the child is a bastard.
18. And it is Rabbi's fame and position, and not the number of comparatively minor authorities (v. supra n. 9), that imparted the force of law to this view.
19. Born from a union between a Jewish woman and an idolater or a slave.
20. Is the child deemed tainted. This applies to a female child who is disqualified from marrying a priest. A male child, being the son of an idolater or slave, cannot obviously ever be himself a priest.
21. V. supra note 2.
22. A widow is only forbidden to marry a High Priest but not an Israelite or an ordinary priest.
23. Born from her union with the High Priest.
24. If a male; and if a female she is ineligible to marry a priest.
25. Who had intercourse with an idolater or a slave.
26. The daughters of priests, of Levites and of Israelites are all equally forbidden to marry an idolater or a slave.
27. V. supra p. 288, n. 23.
28. Where intercourse took place between a Jewess and an idolater or a slave.
29. From ever marrying a priest.
30. Others, 'Ishmael'. V. BaH. a.l.; and Tosaf., infra 68b, s.v. [H].
31. From eating terumah if she is the daughter of a priest. If the daughter of a Levite or an Israelite who was married to a priest and left with children after her husband's death, she loses her right to the eating of terumah (to which she was entitled by virtue of her children) and, of course, becomes ineligible to marry a priest, as soon as Intercourse with the idolater or slave had taken place.
32. Lev. XXII, 13. The conclusion of the verse reads, And is returned unto her father's house … she shall eat of her father's bread (i.e., terumah),
33. I.e., an Israelite. Only then does she regain her right of eating her father's bread. V. n. 14.
34. Their very betrothal and marriage having no validity.
35. R. Joseph.
36. Who, on the authority of Rabbi supra, declared the child to be a bastard.
37. Who, also on the authority of Rabbi, does not regard such a child as a bastard.
38. From Palestine to Babylon.
39. Lit., 'rule concerning it towards permissibility'.
40. Lit., 'and who'.
41. Cf. supra n. 6.
42. The offspring of union between a Jewess and an idolater.
43. I.e., in foreign lands where wonders occur, (Golds.).
44. The kab is a small measure of capacity equal to four log or a sixth of a se'ah.
45. I.e., Rab had displayed originality and marvelous courage by his ruling, and yet stops short of carrying it into practice.
46. V. BaH a.l.
47. They would regard the Master's refusal as an indication that the man is really illegitimate.
48. Lit., 'rule concerning it towards permissibility'.
49. The issue of a union between a Jewess and an idolater.
50. I.e., 'go to a place where you are unknown and where you might in consequence pass as a legitimate Israelite and be allowed to marry a Jewess'. Since Rab Judah counselled him to marry a Jewess if he could, by concealing his origin, it is obvious that in his opinion the man was legitimate. A bastard would not have been allowed marriage with a Jewess under any circumstances.
51. V. infra n. 3.
52. Cf. supra p. 294, n. 7.
53. I.e., a woman born from a similar union. Raba did not allow him, however, to marry a bastard or a slave; which proves that in his opinion the man was legitimate and therefore forbidden to marry either a bastard or a slave,
54. [A frontier town between Babylon and Arabia, v, Obermeyer, p. 334].
55. V. Git., Sonc. ed. pp, 175ff.
56. That the offspring of a union between a Jewess and an idolater or slave is legitimate.

is, of course,¹  Rab Judah.²  But surely Rab Judah had explicitly stated: Where one who is a half slave and half freed man cohabited with the daughter of an Israelite the child born from such a union can have no redress!³  — Rab Judah's ruling⁴  was made only in the case where he⁵  betrothed⁶  the daughter of an Israelite,⁷  in consequence of which his partial slavery cohabits with a married woman.⁸

But did not the Nehardeans state in the name of R. Jacob that according to him who regards [the offspring]⁹  as illegitimate, the child is so regarded even [where cohabitation had taken place] with an unmarried woman; and according to him who regards [the child] as legitimate, the child is so regarded even [if the cohabitation had taken place] with a married woman! And the deduction by both¹⁰  was made from none other than the wife of one's father.¹¹  He who regards the child⁹  as illegitimate is of the opinion that as with the wife of one's father, betrothal with whom is invalid, the child is a bastard. So is the child a bastard in the case of all those¹²  betrothal with whom is invalid. And he who regards the child as legitimate is of the opinion [that the comparison is]: As with the wife of one's father, betrothal with whom is invalid in the case of the son only,¹³  but is valid in the case of others;¹⁴  an idolater and a slave betrothal with whom is in all cases invalid are consequently excluded!¹⁵

Hence the statement of R. Judah¹⁶  must have been made in respect of one¹⁷  who had intercourse with a married woman, so that his emancipated side¹⁸  cohabits with a married woman.¹⁹

Rabina said: R. Gaza told me, 'R. Jose b. Abin happened to be at our place when an incident²⁰  occurred with an unmarried woman and declared the child to be legitimate: [and when it occurred] with a married woman he declared the child to be illegitimate'.

R. Shesheth said: R. Gaza told me that it was not R. Jose b. Abin but R. Jose son of R. Zebida, and that he declared the child to be legitimate, both in the case of the married, as well as in that of the unmarried woman.²¹

R. Aha son of Raba²²  said to Rabina: Amemar once happened to be in our place and he declared the child²³  to be legitimate in the case of a married, as well as in that of an unmarried woman.

And the law is that if an idolater or a slave had cohabited with the daughter of an Israelite the child [born from such a union] is legitimate, both in the case of a married, and in that of an unmarried woman.²¹

Raba declared R. Mari b. Rachel²⁴  to be a legitimate Israelite and appointed him among the pursers²⁵  of Babylon. And although a Master said: Thou shalt in any wise set him king over thee … one from among thy brethren,²⁶  all appointments which you make must be made only 'from among thy brethren', [means that] such a man,²⁷  since his mother was a descendant of Israel, may well 'be regarded as 'one from among thy brethren'.

The slave of R. Hiyya b. Ammi once made a certain idolatress bathe for a matrimonial purpose.²⁸  Said R. Joseph: I could declare her to be a legitimate Jewess²⁹  and her daughter³⁰  to be of legitimate birth.³¹  In her case, in accordance with the view of R. Assi; for R. Assi said, 'Did she not bathe for the purpose of her menstruation'?³²  In the case of her daughter, because when an idolater or a slave has intercourse with a daughter of an Israelite, the child [born of such a union] is legitimate.³³

A certain person was once named 'son of the female heathen'.³⁴  Said R. Assi, 'Did she not bathe for the purpose of her menstruation'?'

A certain person was once named 'son of the male heathen'.³⁵  Said R. Joshua b. Levi, 'Did he³⁶  not bathe in connection with any mishap³⁷  of his'?³⁸

R. Hama b. Guria said in the name of Rab: If a man bought a slave from an idolater and [that slave] forestalled him and performed ritual ablution with the object of acquiring the status of a freed man, he acquires thereby his emancipation. What is the reason?

1. Lit., 'who is it'?
2. So that Rabbah's decision in the case of the half slave is based on a ruling of Rab Judah.
3. I.e., he is a bastard, and may never marry a Jewess, How, then, could Rabbah regard the child of such a union as legitimate?
4. That he can have no redress.
5. The half slave,
6. Not merely cohabited without betrothal.
7. The betrothal, as far as his partial status of a slave is concerned, is invalid, while in respect of his partial state of emancipation it is valid. The Jewess is consequently his legal wife.
8. The slave in him having cohabited with the woman who is legally betrothed to the emancipated part of him causes the offspring of the union to be deemed a bastard, as is the case with the offspring of any union between a betrothed or married woman and a stranger, be the latter Israelite, idolater or slave. If, however, cohabitation only between the half slave and a Jewess took place, 'without previous betrothal, the woman is not the legal wife of the 'half freed man' and the child born from the union is the child of an unmarried woman and is consequently legitimate, as Rabbah ruled. In the case of a full slave the question of betrothal does not arise since even if betrothal did take place it is invalid and the woman is legally deemed to be unmarried.
9. Of a union between a Jewess and an idolater or a slave.
10. He who regards the child as legitimate and the other who regards him as illegitimate.
11. Betrothal of whom by the son is invalid and the offspring of any union between them is a bastard.
12. Such as an idolater or a slave,
13. Lit., 'to him'.
14. So in all such cases, A child born from such unions only is illegitimate.
15. The cases of these being different from that of 'father's wife', the child born from a union between a Jewess and any of these must be deemed to be legitimate. The father is entirely eliminated and the child is ascribed to the mother. Now, since the statement of the Nehardeans proves that there is no difference between an unmarried and a married (or betrothed) woman, the distinction drawn supra between cohabitation after a betrothal and one in the absence of betrothal is obviously untenable. The objection then against Rabbah's ruling remains!
16. That the child has no redress.
17. The half slave and half freed man spoken of.
18. Which has the same status as that of an Israelite,
19. Cf. supra p. 295, n. 14. As the offspring of a union between an Israelite and a married woman is a bastard, so is that of the union between the semi-emancipated (cf. supra n. 10) and a married woman.
20. A child was born from a union between a slave and a Jewess.
21. For the reason given supra Cf. supra p. 296, nn. 6. 7 and text.
22. So Emden a.l. Cur. edd., 'Rabbah'.
23. Cf. supra n. 1.
24. Rachel was one of Mar Samuel's captive daughters, who, while in captivity, was married to an idolater and gave birth to Mari. Issur, the father of the child, embraced Judaism while Rachel was still in her pregnancy, and he is several times referred to in the Talmud as Issur the proselyte. (V. Keth. 23a; B.B. 149a. Sonc. ed. p. 644, and notes a.l.).
25. [H], sing. [H], cf. [G], 'supervisor', 'purser' or 'collector'. The appointment gave its holder authority over the Jews under its jurisdiction.
26. Deut. XVII, 15. Cf. BaH a.l.
27. R. Mari.
28. The slave wished to take her as wife. Lit., 'wife', or 'wifehood'. He made her take a ritual bath in accordanee with the requirements prescribed for the menstruant before she can be permitted connubial intercourse.
29. Though the bath was taken for menstrual purification yet since an idolatress takes no such baths, it may be regarded as one for the purpose of her conversion also. Usually, before he may be admitted as a legitimate proselyte, the convert most both be circumcised and bathe in a ritual bath for the specific purpose of the conversion. V, infra 46b.
30. Born from the slave and herself.
31. Though she is the offspring of a union between a slave and a woman who, at the time of giving birth to her, had already enjoyed the status of a Jewess.
32. So long as she bathed for one purpose she may be deemed to have bathed for the other also. (V. infra).
33. For the reason given supra. Cf. supra p. 296. on. 6, 7 and text.
34. Because his mother did not take a ritual bath at the time of her conversion to Judaism.
35. Cf. note 6 mutatis mutandis.
36. The father.
37. Keri, the emission of semen.
38. V. supra note 4.