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Babylonian Talmud: Tractate Yebamoth
Behold, however, [the prohibition against] defilement1 which is a prohibition that is not equally applicable to all2 and [yet the sole] reason [why it is inapplicable to woman is] because the All Merciful wrote The sons of Aaron3 and not the daughters of Aaron; had, however, no such text been available4 it would have been assumed that women also come under the same obligation. What is the reason? Obviously5 because of the deduction Rab Judah reported in the name of Rab!6 — No; this might have been deduced from They shall not take.7
Others Say:8 [The prohibition in regard] to marrying had to be specified.9 Since it might have been assumed that it10 should be inferred from [that relating to] defilement,11 therefore he taught us12 [that women are subject to the same prohibition as men].
R. Papa and R. Huna son of R. Joshua once happened to be at Hinzebu,13 the town of R. Idi b. Abin, when the following question was asked of them: Were women of legitimate [priestly] status forbidden to be married to men of tainted birth or not? R. Papa replied, 'You have learned it [in the following]. Ten different genealogical classes went up from Babylon:14 Priests, Levites, Israelites, halalim,15 proselytes, emancipated slaves, bastards, nethinim,16 shethuki17 and asufi.17 Priests, Levites and Israelites may intermarry with one another. Levites, Israelites, halalim, proselytes and emancipated slaves may intermarry with one another. Proselytes, emancipated slaves, bastards, nethinim,16 shethuki17 and asufi17 are permitted to intermarry with one another.'18 That daughters of priests, however, [may be married to a] halal was not mentioned.19 Said R. Huna son of R. Joshua to him: Only cases where the women may marry the men, and the men may marry the women were enumerated;20 the case of the Priest, however,21 was not mentioned, because a halalah, should he even desire to marry one, is forbidden to him.22 When they came before R. Idi b. Abin he said to them, 'O, school-children! Thus said Rab Judah in the name of Rab: Women of legitimate [priestly] status were not forbidden to be married to men of illegitimate Status'.23
[IN RESPECT OF] RELATIVES OF THE SECOND GRADE [WHO ARE FORBIDDEN] BY THE ORDINANCES OF THE SCRIBES etc. The men of Bairi24 enquired of R. Shesheth: Is a woman who is of the second grade of kinship to her husband but not to her levir entitled to claim her kethubah from the levir or not? [Do we say that] since a Master said that her kethubah25 is a charge on the estate of her first husband26 she has no [claim upon the levir];27 or, possibly, since the Rabbis have ordained that wherever she is unable to obtain it from her first husband28 [she may collect it] from the second, she29 is entitled to claim it30 [from the levir]? R. Shesheth replied, 'You have learned this: Her kethubah25 is a charge upon the estate of her first husband, but if she was a relative of the second grade of kinship to her husband she receives nothing even from the levir.
Does [the expression,31 however,] imply that some [widows] do receive their30 kethubah from the levir!32 — There is a lacuna, and thus it is the correct reading:33 Her kethubah25 is a charge upon the estate of her first husband; and if she obtains nothing from the first, the Rabbis have ordained [that she is to receive it] from the second; but if she was a relative of the second grade of kinship to her husband she receives nothing even from the levir.
R. Eleazar enquired of R. Johanan: Is a widow [who was married] to a High Priest, or a divorcee or a haluzah [who was married] to a common priest entitled to maintenance or not? How is this question to be understood? If [it is a case] where she still lives with him,34 would she, when it is his duty to divorce her,35 be entitled to receive maintenance!36 — This question was necessary in the case37 where he went to a country beyond the sea and she borrowed money wherewith to maintain herself;38 it being desired to ascertain39 whether, [owing to the fact that] maintenance39 among the conditions of the kethubah, she is entitled to mainte nance just as she is entitled to the kethubah, or is she entitled to the kethubah only because she receives it and goes, but not to maintenance which might induce her to remain with him? — The other replied: She is not entitled to maintenance.40 But, surely, it was taught: She is entitled to maintenance.41 — That was taught In respect of [alimony] after [her husband's] death.42
Another reading:43 He said to him, 'It was taught: She is entitled to maintenance'.41 'Surely', [the other asked], 'it is his duty to divorce her!'44 'But then', [the first retorted], 'it was taught: She is entitled to maintenance'!41 — 'That', [the other replied], 'was taught in respect of [alimony] after his death'.42
Our Rabbis taught: A widow [who was married] to a High Priest, or a divorcee or haluzah [who was married] to a common priest is entitled to her kethubah, usufruct,45 alimony and worn clothes,46 but she becomes thereby unfit, and her child is unfit, and [the husband] is compelled to divorce her. Relatives of the second grade of kinship [who are forbidden] by the ordinances of scribes are entitled neither to kethubah, nor to usufruct,45 nor to alimony46 nor to worn clothes;46 the woman remains fit and her child is fit; but [the husband] is compelled to divorce her. R. Simeon b. Eleazar said, 'Why was it ordained that a widow married to a High Priest is entitled to her kethubah? Because he becomes unfit47 and she becomes unfit and wherever he becomes unfit and she becomes unfit48
[the Rabbis] have penalized him [by ordering him to pay her] kethubah.1 And why was it ordained that relatives of the second grade of kinship, [who are forbidden] by the ordinances of the Rabbis, are not to receive their kethubah? Because the man remains fit and the woman remains fit, and wherever he as well as she remains fit [the Rabbis] have penalized her [by depriving her of her] kethubah.2 Rabbi said, 'The former3 are prohibitions4 of the Torah, and prohibitions of the Torah require no reinforcement;5 while the latter6 are prohibitions of the scribes, and the prohibitions of the scribes require reinforcement.7 Another reason8 is: In the former case the man induces the woman9 [into the marriage];10 in the latter case she induces him.11 Who stated the 'other reason'? One opinion asserts12 that it was R. Simeon b. Eleazar who stated it; and he gave an answer13 [to the question] 'what is the reason'. 'What is the reason', [he said in effect,] 'why it was ordained that when the man is unfit and the woman is unfit the man is penalized by having to pay the kethubah? Because he induces the woman into the marriage.14 And what is the reason why when he remains fit and she remains fit she is penalized by losing her kethubah? Because she induces him, [into the marriage'].15 Another opinion asserts12 that it was Rabbi16 who stated it, because the case of the haluzah presented to him the following difficulty: A haluzah, surely, is only Rabbinically [forbidden to be married to a common priest]17 and yet she receives her kethubah.18 Thereupon he stated: Since the man disqualifies her by Rabbinical law19 it is he, [who in the former case], induces20 her [into marriage]21 but in the latter case it is she that induces him [into marriage].22
What practical difference is there between [the reason given by] Rabbi and [that given by] R. Simeon b. Eleazar? — R. Hisda replied: The practical difference between them is the case of a bastard or a nethinah [who was married] to an Israelite. According to him who gave the reason23 that [the prohibitions were] Pentateuchal, then this case24 also is Pentateuchal;25 but according to him who gave as the reason,23 that the man induces the woman26 then here, it is she that induces him [into the marriage].27 According to R. Eliezer, however, who28 stated, 'Behold he29 is both a slave and a bastard',30 the woman, surely, would not induce the man at all!31 — Rather, said R. Joseph, the practical difference between them32 is the case of the man who remarried his divorced wife after she had been married.33 According to him who gave the reason34 that [the prohibitions were] Pentateuchal, then this case35 also is Pentateuchal;36 but according to him who gave as the reason34 that the man induces the woman37 then here, surely, she induces him.38
Rather, said R. Papal the practical difference between them42 is the case of a be'ulah43 [who was married] to a High Priest.44 According to him who gave as the reason34 that [the prohibitions were] Pentateuchal, then this case also is Pentateuchal;45 but according to him who gave as the reason34 that the man induces the woman,37 then here, surely, it is she that induces him.46
According to R. Eliezer b. Jacob, however, who stated that the offspring of a union that is forbidden under a positive precept is deemed a halal,47 she,48 surely, would not at all induce him!49 Rather, said R. Ashi, the practical difference between them42 is the case of the man who cohabits again with his doubtful sotah.50 According to him who stated that the reason34 is that [the prohibition is] Pentateuchal, then this case also is Pentateucha46 but according to him who stated that the reason34 is that the man induces the woman37 here it is she that induces him.46
And according to R. Mathia b. Heresh who stated that even a woman whose husband, while going to arrange for her drinking [of the water of bitterness]51 cohabited with her on the way, is rendered a harlot, she,52 surely, would not at all induce him [to such a marriage]!53 Rather, said Mar b. R. Ashi, the practical difference between them54 is the case of a confirmed sotah.55
MISHNAH. THE DAUGHTER OF AN ISRAELITE WHO WAS BETROTHED TO A PRIEST, WAS PREGNANT FROM A PRIEST, OR WAS AWAITING THE DECISION OF A LEVIR WHO WAS A PRIEST; AND, SIMILARLY, THE DAUGHTER OF A PRIEST [WHO STOOD IN SUCH RELATIONSHIP] TO AN ISRAELITE, MAY NOT EAT TERUMAH.56 THE DAUGHTER OF AN ISRAELITE WHO WAS BETROTHED TO A LEVITE, WAS PREGNANT FROM A LEVITE, OR WAS AWAITING THE DECISION OF A LEVIR WHO WAS A LEVITE; AND, SIMILARLY, THE DAUGHTER OF A LEVITE [WHO STOOD IN SUCH RELATIONSHIP] TO AN ISRAELITE MAY NOT EAT TITHE.57 THE DAUGHTER OF A LEVITE WHO WAS BETROTHED TO A PRIEST, WAS PREGNANT FROM A PRIEST, OR WAS AWAITING THE DECISION OF A LEVIR WHO WAS A PRIEST; AND, SIMILARLY, THE DAUGHTER OF A PRIEST [WHO STOOD IN SUCH RELATIONSHIP TO A LEVITE, MAY EAT NEITHER TERUMAH NOR TITHE.
GEMARA. And granted that she58 is [no more than] an ordinary woman,59 is not any ordinary woman permitted to eat tithe?60 R. Nahman replied in the name of Samuel: This ruling represents the view of R. Meir61 who stated: The first tithe is forbidden to common people.62 For it was taught:
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