Babylonian Talmud: Tractate Yebamoth

Folio 99a

Our Rabbis taught: A man must sometimes submit to halizah from his mother¹  owing to an uncertainty; from his sister, owing to an uncertainty: and from his daughter, owing to an uncertainty'. For instance?²  If his mother and another woman had two male children, and then gave birth to two male children³  in a hiding place;⁴  and a son⁵  of the one mother⁶  married the mother⁷  of the other son while the son⁸  of the other mother⁶  married the mother of the first, and both⁹  died without issue, the one¹⁰  must submit to halizah from both women¹¹  and the other¹⁰  must submit to halizah from both women.¹¹  Thus it follows that each submits to halizah from his mother owing to an uncertainty. 'From his sister. owing to an uncertainty'; for instance?²  When his mother and another woman gave birth to two female children¹²  In a hiding place,¹³  and their brothers¹⁴  who were not from the same mother¹⁵  married them¹⁶  and died without issue, he¹⁷  must submit to halizah from both widows.¹⁸  Thus it follows that a man submits to halizah from his sister owing to an uncertainty. 'From his daughter, owing to an uncertainty'; for instance?¹⁹  When his wife and another woman gave birth to two female children²⁰  in a hiding place,²¹  and their²²  [husbands'] brothers²³  married them¹⁶  and died without issue, the one [father]²⁴  submits to halizah from his daughter²⁵  owing to the uncertainty and the other [father]²⁴  submits to halizah from his daughter²⁵  owing to the uncertainty.²⁶

It was taught: R. Meir said, A husband and wife may sometimes produce five different castes.²⁷  How? If an Israelite bought a bondman and a bondwoman in the market, and these had two sons²⁸  one of whom became a proselyte, the result is that one is a proselyte and the other is an idolater.²⁹  If [subsequently] he made them³⁰  perform the prescribed immersion for the purpose of slavery and then they cohabited with one another [and bore a son], behold here we have a proselyte, an idolater and a slave.³¹  If he subsequently emancipated the bondwoman³²  and the slave cohabited with her [and had another son], behold here³³  we have a proselyte, an idolater, a slave and a bastard.³⁴  If he then emancipated both of them³⁰  and made them marry one another, behold here³⁵  we have a proselyte, an idolater, a slave, a bastard and an Israelite.³⁶  What does this teach us? — That when an idolater or a slave cohabits with an Israelitish woman their child is a bastard.³⁷

Our Rabbis taught: Sometimes a man sells his father to enable his mother to collect her kethubah. How? If an Israelite bought in the market a bondman and a bondwoman who had a son,³⁸  and having emancipated the bondwoman he married her and bequeathed, in writing, all his estate to her son, the result is that this son³⁹  sells his father⁴⁰  in order to enable his mother⁴¹  to collect her kethubah.⁴²  What does this teach us? — That all this [Baraitha⁴³  represents the views of] R. Meir. and that a slave [is regarded as] movable property, such property being mortgaged for a kethubah!⁴⁴

And if you prefer I might say. It is this that we were taught: A slave [is on the same footing as] real estate.⁴⁵

MISHNAH. IF THE CHILD OF A WOMAN WAS INTERCHANGED WITH THE CHILD OF HER DAUGHTER-IN-LAW. AND WHEN THE INTERCHANGED CHILDREN GREW UP THEY TOOK WIVES AND THEN DIED,⁴⁶  THE [OTHER] SONS OF THE DAUGHTER-IN-LAW⁴⁷  SUBMIT TO HALIZAH⁴⁸  BUT MAY NOT CONTRACT LEVIRATE MARRIAGE.⁴⁹  FOR [IN THE CASE OF EACH WIDOW AND BROTHER] IT IS UNCERTAIN WHETHER SHE IS THE WIFE OF HIS BROTHER⁵⁰  OF THE WIFE OF HIS FATHER'S BROTHER.⁵¹  THE [OTHER] SONS OF THE GRANDMOTHER⁵²  EITHER SUBMIT TO HALIZAH⁵³  OR CONTRACT LEVIRATE MARRIAGE,⁵⁴  SINCE [IN THE CASE OF EACH WIDOW AND BROTHER] THE ONLY DOUBT IS WHETHER SHE IS THE WIFE OF HIS BROTHER⁵⁵  OR THE WIFE OF HIS BROTHER'S SON.⁵⁵  IF THE UNTAINTED SONS⁵⁶  DIED,⁵⁷  THEN THE INTERCHANGED SONS SUBMIT [IN RESPECT OF THE WIDOWS] OF THE SONS OF THE GRANDMOTHER TO HALIZAH BUT MUST NOT CONTRACT⁵⁴  THE LEVIRATE MARRIAGE. SINCE [IN THE CASE OF EACH WIDOW AND BROTHER] IT IS UNCERTAIN WHETHER SHE IS THE WIFE OF HIS BROTHER⁵⁵  OR THE WIFE OF HIS FATHER'S BROTHER;⁵⁸  [WHILE IN RESPECT OF THE WIDOWS] OF THE SONS OF THE DAUGHTER-IN- LAW ONE⁵⁹  SUBMITS TO HALIZAH⁶⁰  AND THE OTHER⁵⁹  [MAY ALSO] CONTRACT THE LEVIRATE MARRIAGE.⁶¹

IF THE CHILD OF A PRIEST'S WIFE WAS INTERCHANGED WITH THE CHILD OF HER BONDWOMAN, BEHOLD BOTH MAY EAT TERUMAH⁶²  AND RECEIVE ONE SHARE AT THE THRESHINGFLOOR⁶³

1. Though she belongs to one of the fifteen classes of relatives (supra 2a) who are themselves exempt from the levirate marriage and halizah and who also exempt their rivals from these obligations.
2. Lit., 'how'.
3. One child each, he being one of them.
4. Where the women were sheltering from some enemy and where, owing to the confusion or the darkness of the place, the children were interchanged and it was impossible for either mother to ascertain which was her own child.
5. Concerning whose motherhood no doubt existed.
6. And her 'first husband.
7. Her husband having died.
8. Concerning whose motherhood no doubt existed.
9. These sons, each of whom is paternal as well as maternal brother of one of the interchanged sons.
10. Of the interchanged, as brother to one of the deceased. V. supra n. 12.
11. It being unknown which of them is] his mother who is exempt from halizah, he must submit to halizah from the two, one of whom is certainly a stranger to him and subject to his halizah.
12. Each woman to one child.
13. V. supra note 7.
14. The paternal brothers of each of the girls' maternal brothers. [Rashi, basing himself on the Tosef. (Yeb. XII) from where the passage is taken, reads: And (his) two paternal brothers married them].
15. But from a former wife of their father, and who are consequently perfect strangers to the girls and their mothers.
16. The girls.
17. The maternal brother of one of the girls, who is the paternal brother of both the deceased.
18. V. supra p. 677. n. 14, mutatis mutandis.
19. Lit., 'how'.
20. Each woman to one child.
21. V. supra p. 677, n. 7.
22. The mothers'.
23. Two brothers, of the one husband or two of the other. An uncle is permitted to marry his niece.
24. If the interchanged girls were married by his brothers.
25. V. supra p. 677. n. 14. mutatis mutandis
26. Tosef. Yeb. XII.
27. Lit., 'nations'.
28. Who are regarded as idolaters but not as slaves. Cf. supra 46a.
29. Though the sons of the same father and mother.
30. The slaves he bought.
31. The son of the slave of an Israelite has the status of a slave. Cf. supra 462.
32. Who thereby gains the status of an Israelitish woman.
33. Though sons of the same father and mother.
34. Being the result of a union between an Israelitish woman (v. supra n. 18) and a slave.
35. Though sons of the same father and mother.
36. Tosef. Kid. V; the issue of a union between emancipated slaves has the status of an Israelite.
37. Cf. supra 16b. 450. Kid. 70a.
38. Whom he did not buy.
39. When the Israelite dies.
40. The slave who forms a part of the Israelite's estate.
41. Who claims her kethubah from the estate of her deceased husband.
42. Tosef. Kid. V.
43. The section dealing with the sale of one's father just cited, as well as the section relating to the five castes cited above.
44. A view expressed by R. Meir in Keth. 80b.
45. Which, all agree, is mortgaged for the kethubah.
46. Without issue.
47. In respect of whom her motherhood was never in doubt.
48. From the widows of the deceased.
49. With the widows.
50. With whom either halizah or levirate marriage is permitted.
51. Whom one is forbidden to marry.
52. In respect of whom her motherhood was never in doubt.
53. From the widows of the deceased.
54. With the widows.
55. With whom either halizah or levirate marriage is permitted.
56. I.e., those who were never involved in the interchange.
57. Without issue.
58. Whom one is forbidden to marry.
59. Of the two interchanged sons.
60. From either of the widows. He may not, however, contract levirate marriage since in respect of each widow it might be assumed that she was not his, but the other's brother's wife, and that she is consequently forbidden to him or to anyone else before the other had submitted to her halizah.
61. For if the widow was his brother's wife he is obviously entitled to marry her, and if she was his brother's son's wife he may also marry her since her deceased husband's brother had already submitted to her halizah and had thereby set her free to marry even a stranger.
62. A priest's slave also being allowed to eat terumah.
63. This is explained infra.

THEY MAY NOT DEFILE THEMSELVES FOR THE DEAD¹  NOR MAY THEY MARRY ANY WOMEN WHETHER THESE ARE ELIGIBLE [FOR MARRIAGE WITH A PRIEST]²  OR INELIGIBLE.³  IF WHEN THEY⁴  GREW UP, THE INTERCHANGED CHILDREN EMANCIPATED ONE ANOTHER THEY MAY MARRY WOMEN WHO ARE ELIGIBLE FOR MARRIAGE WITH A PRIEST⁵  AND THEY MAY NOT DEFILE THEMSELVES FOR THE DEAD.⁶  IF, HOWEVER, THEY DEFILED THEMSELVES, THE PENALTY OF FORTY STRIPES⁷  IS NOT INFLICTED UPON THEM.⁸  THEY MAY NOT EAT TERUMAH,⁹  BUT IF THEY DID EAT THEY NEED NOT PAY COMPENSATION EITHER FOR THE PRINCIPAL OR [THE ADDITIONAL] FIFTH.¹⁰  THEY ARE NOT TO RECEIVE A SHARE¹¹  AT THE THRESHING-FLOOR, BUT THEY MAY SELL [THEIR OWN] TERUMAH¹²  AND THE PROCEEDS ARE THEIRS.¹³  THEY RECEIVE NO SHARE IN THE CONSECRATED THINGS OF THE TEMPLE,¹⁴  AND NO CONSECRATED THINGS¹⁵  ARE GIVEN TO THEM. BUT THEY ARE NOT DEPRIVED OF THEIR OWN.¹³  THEY ARE EXEMPT FROM [GIVING TO ANY PRIEST] THE SHOULDER, THE CHEEKS AND THE MAW,¹⁶  WHILE THE FIRSTLING OF EITHER OF THEM MUST REMAIN IN THE PASTURE¹³  UNTIL IT CONTRACTS A BLEMISH.¹⁷  THE RESTRICTIONS RELATING TO PRIESTS AND THE RESTRICTIONS RELATING TO ISRAELITES ARE BOTH IMPOSED UPON THEM.¹⁸

GEMARA. IF THE UNTAINTED SONS DIED etc.; are, then, the others,¹⁹  because they were mixed up, tainted! — R. Papa replied: Read, 'If those [whose parentage was] certain died'.

[IN RESPECT, HOWEVER, OF THE WIDOWS] OF THE SONS OF THE DAUGHTER-IN-LAW ONE SUBMITS TO HALIZAH etc. Only halizah [must take place first] and the levirate marriage afterwards. The levirate marriage, however, must not take place first; since thereby one might infringe the prohibition against a sister-in-law's marriage with a stranger.²⁰

[IF THE CHILD OF] A PRIEST'S WIFE WAS INTERCHANGED etc. Obviously only ONE SHARE!²¹  — Read 'ONE SHARE together'.²²  Here we learn [a thing] which is in agreement with him who ruled that no share of terumah is given to a slave unless his master is with him.²³  For it was taught: No share in terumah is given to a slave unless his master is with him; so R. Judah. R. Jose, however, ruled: The slave²⁴  may claim, 'If I am a priest, give me for my own sake; and if I am a priest's slave, give me for the sake of my master'. In the place of R. Judah, [men of doubtful status] were raised to the status of priesthood²⁵  [on the evidence that they received a share] of terumah.²⁶  In the place of R. Jose, however, no one was raised to the status of priesthood [on the evidence of having received a share] of terumah.²⁷

It was taught: R. Eleazar b. Zadok said, 'During the whole of my lifetime I have given evidence but once, and through my statement they raised a slave to the priesthood'. 'They raised'? Is [such an error] conceivable! If through the beasts of the righteous the Holy One, blessed be He, does not cause an offence to be committed, how much less through the righteous themselves! — Rather, read. 'They desired to raise a slave to the priesthood, through my statement'. He witnessed [the occurrence]²⁸  in the place of R. Jose. but went and tendered his evidence in the place of R. Judah.²⁹

Our Rabbis taught: Ten [classes of people] must not be given a share of terumah at the threshing-floors. They are the following: The deaf,³⁰  the imbecile, the minor, the tumtum,³¹  the hermaphrodite the slave, the woman,³²  the uncircumcised,³³  the levitically unclean, and he who married a woman who is unsuitable for him.³⁴  In the case of all these, however, [terumah] may be sent to their houses, with the exception³⁵  of the one who is levitically unclean and one who married a woman who is unsuitable for him.³⁶  Now, one can well understand [the prohibition³⁷  in respect of] the deaf, the imbecile and the minor, since they lack intelligence;³⁸  [in respect of] the tumtum and the hermaphrodite also,³⁹

1. Since either of them might be assumed to be the priest (cf. Lev. XXI, 1).
2. Since such women are forbidden to the slave.
3. A bondswoman, for instance, who is forbidden to the priest.
4. The son of the priest and the slave who were interchanged.
5. Any freed man may marry such a woman.
6. V. p. 680, n. 13.
7. 'Forty' is a round number for the penalty of flogging which in fact consisted of thirty-nine stripes only.
8. Because each of them can plead that he is not the priest.
9. On account of the slave who, being now a freed man, is, like any Israelite, forbidden to eat terumah.
10. Which an Israelite must pay (cf. Lev. XXII, 14). Each one of them can plead that he is the priest.
11. In terumah. Cf supra n. 5'
12. Of their own produce.
13. No priest can claim it from either of them since each can reply that it is he who is the priest.
14. Not even a share in the skins of the sacrifices.
15. Firstlings, for instance, or herem (v. Glos.). Cf. Num. XVIII, 14f.
16. Priestly gifts prescribed in Deut. XVIII, 3.
17. When it is unfit for the altar, and may be eaten by its owner. The reason why an Israelite owner may not eat of the flesh of his firstling, even after it has contracted a blemish, is not because of its sanctity but because its consumption by a non-priest is regarded as robbing the priests. No such consideration arises in a case where the owner can claim that he himself is a priest. (Cf. supra note 9).
18. MS.M. and cur. edd. infra 100a. The reading here is 'upon him'.
19. Lit., 'those'.
20. Lit., 'because he met a sister-in-law for the market'.
21. Since no more than one of them can lay claim to the priesthood. Why then was the obvious stated?
22. Only when the two come together do they receive one share. One without the other receives nothing. The reason is given infra.
23. As one of the two is obviously a slave neither of them can claim a share unless the other is with him.
24. In circumstances like those spoken of in our Mishnah, where it is uncertain whether he is a slave or a priest.
25. Lit., 'genealogical (priestly) records', enabling them to marry women of unblemished and priestly descent. V. Keth., Sonc. ed., p. 233, n. 4.
26. Hence no terumah must be given to a slave in the absence of his master.
27. Tosef. Yeb. Xli, Keth. 28b.
28. That a slave received a share of terumah.
29. Cf. Keth., Sonc., ed., p. 156. notes.
30. Deaf-mute.
31. V. Glos.
32. A priest's wife.
33. A priest whose brothers died as a result of their circumcision, and who, owing to the fatal effect of such an operation on members of his family, is himself exempt from circumcision.
34. I.e., one whom a priest is forbidden to marry.
35. The uncircumcised priest is not excluded since his wives and slaves, though not he himself, are permitted to eat terumah.
36. Tosef. Ter. X end.
37. To give him a share of terumah at the threshing-floor.
38. It would be a mark of disrespect were the sacred terumah to be entrusted to the care of persons who are mentally defective, or undeveloped, or in any other way below the normal standard of intellectual or physical fitness.
39. One can understand the reason for the prohibition.