MISHNAH: A preliminarily married woman 4, Note 19. or one who waits for her brother-in-law, her infidelity in her widowhood is not criminal adultery (cf. Yebamot , Chapter 2, Note 6 ). Nevertheless, if a brother-in-law “bespoke” her, she is as if preliminarily married to him and if she violates his demand that she not be with a suspected paramour, he cannot marry her unless she is cleared by the Soṭah ritual. Since this is impossible and she has brought the situation on herself by her action, she has to receive ḥalîṣah , be divorced, and cannot claim her ketubah money. neither drinks nor collects her ketubah , since it is said 5:29 . “Under her husband” is only a wife living with her husband. In Sifry Num. 20 (differently in Babli 24a , attributed to the same authors) there is a discussion on which woman is considered living with her husband. : “.. who will deviate from under her husband,” which excludes a preliminarily married woman and one who waits for her brother-in-law. A widow [married to] a High Priest 21:14 . , a divorcee 21:7 . or one who received ḥalîṣah 2:4 . to a common priest, a female bastard Chapter 1, Note 176 . or a Gibeoness Chapter 2, Note 72 . to an Israel, or an Israel woman married to a bastard or a Gibeonite, neither drinks nor collects her ketubah .
HALAKHAH: “A preliminarily married woman or one who waits for her brother-in-law,” etc. Why can he not make her drink? It is a decision of the verse: “The man shall bring his wife to the Cohen 5:15 . A man can bring his wife only if he is living with her. .” Then he should not be able to declare his jealousy! The Torah said, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife, 5:14 ; if the meaning of “his wife” were constant in this verse, the second clause should have read “and he declared his jealousy to her.” The woman who is a wife but not a wife in the first sense is the preliminarily married one. Therefore, the second mention of “wife” adds the preliminarily married one as object of jealousy. ” even if she is only partially his wife.
Does our Mishnah follow the House of Shammai, since the House of Shammai say, “she takes her ketubah but does not drink”? Rebbi Yose said, there the reason of the House of Shammai is that she may say, bring me my husband, then I shall drink. But here, she knew that the preliminarily married cannot drink Chapter 3, Note 181 . If R. Eliezer in Halakhah 3:4 excludes women from the study of Torah, he can mean only the study of the Pentateuch, not that of the oral tradition. ; why did she bring herself into that great doubt? In order to disqualify herself from receiving her ketubah was given at the time of qiddušin. But later practice was to deliver the document only at the time of the actual marriage (cf. Ketubot 5:1 ). .
Rebbi Jehudah asked: As you say, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife, 5:14 ; if the meaning of “his wife” were constant in this verse, the second clause should have read “and he declared his jealousy to her.” The woman who is a wife but not a wife in the first sense is the preliminarily married one. Therefore, the second mention of “wife” adds the preliminarily married one as object of jealousy. ” even if she is only partially his wife, similarly, “under your husband,” even if he is only partially your husband. How is that? If he declared his jealousy to her while she was preliminarily married, then he wed her, and she went to a secluded place, he makes her drink on the basis of his declaration of jealousy. If he declared his jealousy to her while she was waiting for her brother-in-law, then he wed her, and she went to a secluded place, he makes her drink on the basis of his declaration of jealousy. If he declared his jealousy to her while she was preliminarily married, then he took her in, she went to a secluded place, and after that he had sex with her, she has to leave with her ketubah ; otherwise she has to leave without ketubah . [If he declared his jealousy to her while she was waiting for her brother-in-law, then he took her in, she went to a secluded place, and after that he had sex with her, she has to leave with her ketubah; otherwise without ketubah. ] If her husband declared his jealousy and died, she became destined for her brother-in-law who married her, then she went to a secluded place, he makes her drink on the basis of [the first husband’s] declaration of jealousy. If her husband did not declare his jealousy and died, she became destined for her brother-in-law who declared his jealousy but did not manage to take her in before he died and she became destined for his brother, the latter cannot make her drink since she became destined for him only because of the first brother. But if her brother-in-law declared his jealousy, took her in, and died, then she became destined for a brother-in-law who took her in, when she went to a secluded place he makes her drink on the basis of his declaration of jealousy.
There 19. , we have stated: “A she-ram, Chapter 1, Note 65 . , an old woman, or a sterile one neither drinks nor collects her ketubah ,” as it is said 5:28 . : “She will be declared innocent and bear seed,” [this refers to] one able to bear seed; it excludes one who is unable to bear seed. They objected, is there not the widow [married to] the High Priest, is she not able to bear seed? There is a difference, since it is written. 21:15 . : “He may not desecrate his seed among his people.. 21:15 . ” There, we have stated: “A bastard disables and enables to eat. How is this?” And here he says so? Rebbi Tanḥuma said, there, “she has no issue” of any kind, but here7:7 . An Israel woman widowed from a Cohen may eat heave as long as any Jewish descendant of her husband’s is alive; a Cohen woman widowed from an Israel may not eat heave as long as any Jewish descendant of her husband’s is alive. one requires enabled seed, not disabled seed. Rebbi Yose ben Rebbi Abun said, the water only serves to permit her to her house; but about this one one tells him to divorce once she went to a secluded place 21:15 as: “He is forbidden to desecrate his seed.” The rule excluding the High Priest’s widow is rabbinical. If the Temple court refuses to administer the water, the widow remains permanently forbidden to her husband, who therefore is forced to divorce her. .
MISHNAH: The following cannot drink or collect their ketubah: One who says, I am impure for you, or one for whom came witnesses declaring her to be impure money is due. ; one who says “I will not drink”. But one whose husband refuses to make her drink, or whose husband copulated with her on the road, collects her ketubah but does not drink. About those whose husbands died before she would drink, the House of Shammai say, they collect the ketubah but do not drink, but the House of Hillel say, they neither drink not collect the ketubah money by proving her innocence, following the general principle of monetary claims הַמּוֹצִיא מֵחֲבֵרוֹ עָלָיו הָרְאָיָה “the burden of proof is on the claimant” ( Yerushalmi Sanhedrin 3:9 , fol. 21b; Babli Baba Qama 46b ). The reading here is that of all Yerushalmi sources and a number of Mishnah mss.; the reading of the Babli here is “either they drink or they do not collect their ketubah ”, but the text is emended in the Babli, Yebamot 38b , to conform to the Yerushalmi reading. .
HALAKHAH: “The following cannot drink or collect their ketubah : One who says, I am impure for you,” etc. Rebbi Joshia said, Ze‘ira told me in the name of the people of Jerusalem88a ): Ze‘ira the Jerusalemite. : In three cases, if they want to forgive, they may forgive. These are: The suspect wife 8:6 , fol. 26b) lets the husband rescind his action any time before the scroll was erased. , the rebellious son 21:18–21 ; Sanhedrin Chapter 8. , and the rebellious Elder 17:8–12 . The Babli in the name of “the colleagues in the South” and the Yerushalmi Sanhedrin 8:6 in the name of R. Jehudah ben Bathyra of Nisibis disagree in this case since the authority of the Supreme Court has to be upheld. , etc.
MISHNAH: A woman pregnant by another man or nursing another man’s [child] may neither drink nor collect her ketubah , the words of Rebbi Meïr, but the Sages say, he may separate from her and take her back later. A she-ram, Chapter 1, Note 65 . , an old woman, or a sterile one, neither drinks nor collects her ketubah ; Rebbi Eleazar says, he may marry another wife and be fruitful and multiply with her 5:28 as a statement of fact, not a commandment. . All other women either drink or cannot collect their ketubah ( Mishnah Ketubot 5:7 ). .
HALAKHAH: A woman pregnant by another man or nursing another man’s [child],” etc. A man should not marry a woman pregnant by another man or nursing another man’s [child], but if he did marry her, the verse says about him. 23:10 . : “Do not remove the eternal boundaries and do not enter the orphans’ field.” He who marries a woman pregnant by another man or nursing another man’s [child] has to divorce her and should never retake her, the words of Rebbi Meĩr, but the Sages say, he may separate from her 36b ), the Sages require a divorce but permit a remarriage. and take her back later. Does Rebbi Meїr always fine people? Let us hear from the following: Chapter 12, Notes 103, 107, 108. “The underage woman who performed ḥalîṣah should repeat ḥalîṣah once she becomes of age but if she did not repeat it, the ḥalîṣah is valid.” Rebbi Mana said it without attribution, Rebbi Isaac the son of Rebbi Ḥiyya the scribe: מטי בה “turns to it”. The text here seems original. in the name of Rebbi Joḥanan: R. Jonah. The text here seems original. : It is Rebbi Meїr who said that one does not perform ḥalîṣah or levirate with an underage girl because she might turn out to be a she-ram.
It was stated 60b . : “A nursing woman whose husband died should not remarry until 24 months later, the words of Rebbi Meїr. Rebbi Jehudah says, eighteen months. Rebbi Jonathan ben Yose 5:4, he is called R. Jonathan ben R. Yose and characterized as a student of R. Aqiba. says, the House of Shammai say 24 months, but the House of Hillel say eighteen months. Rabban Simeon ben Gamliel said, following him who said 24 months, she is permitted to remarry after 21 months; following him who said eighteen months, she is permitted to remarry after fifteen months, since the milk terminates only after three months.”
Rebbi Jacob bar Aḥa said, Aqabiah asked Rebbi Simeon ben Laqish who instructed him: 24 months. Rebbi Jeremiah: Aqabiah asked Rebbi Ḥanina who instructed him: 24 months. How? Two cases were there, one in the name of Rebbi Ḥanina and one in the name of Rebbi Simeon ben Laqish. Rebbi Mana instructed: eighteen months, and fasted that entire day. Rebbi Mar Uqba instructed in Arbela: 24 months, even if the baby had died.
The Sages agree with Rebbi Eleazar that if he had [another] wife and children, she drinks and collects her ketubah . If he had [another] wife and children but they died between the declaration of jealousy and her secret rendez-vous, she already was eligible to drink. If he did not have [another] wife and children but they died between the declaration of jealousy and her secret rendez-vous, she already was barred from drinking.
MISHNAH: A Cohen’s wife drinks and is permitted to her husband; the wife of a eunuch. אשת סריס), the “eunuch” may be either a person born with defective testicles or a person castrated by chemical means. The verse prohibits only a surgically castrated man to marry into the congregation. drinks. One may declare one’s jealousy with respect to any incest-‘prohibited person, except for a minor and a non-man.
HALAKHAH: “A Cohen’s wife drinks,” etc. Otherwise, what could we say? She drank and the water had no influence on her; she is pure! I could say, merit suspended for her. That is according to him who says that merit suspends and it is not recognizable. But following him who says that merit suspends and it is recognizable? Rebbi Isaac said, really we deal with the case that she drank and the water had no influence on her; that you should not say since the water has no influence on a rape victim, but only on a seduced woman, this one is a rape victim. But a rape victim in the priesthood is like a willing one for an Israel, therefore it is necessary to say that she is permitted to her house. From where that rape disables a married woman in the priesthood. 21:7 since the definition of a זוֹנָה, usually translated as “prostitute” is ( Sifra Emor Pereq 1(7 ) = Babli Yebamot 61b ) שֶּׁנִּבְעֲלָה בְּעִילַת זְנוּת “who was the object of an unlawful intercourse”. The formulation in the passive clearly implies that a rape victim is included. ? Since in matters of crawling things, which are a trifling matter, He made forced [impurity] equal to intentional [impurity], in the weighty matter of the deviant not so much more Num . 7. One needs the detailed argument here to understand the text there. ? Rebbi Jacob bar Idi stated before Rebbi Jonathan: “If you deviated from under your husband and became defiled,” that excludes rape. How do you understand this? He said to him, just as “under your husband” is by consent, so “if you became defiled” is by consent. “She was not raped”, she is forbidden. Therefore, if she was raped, she is permitted 56b ). . But there is a rape victim which is forbidden for an Israel. Who is that? That is one who started by consent and ended up raped. And there is one who is not a rape victim which is permitted to an Israel. Who is that? That is one who started as a rape victim and ended up consenting 51b . . Like that woman who came to Rebbi Joḥanan and said to him, I was raped. He said to her, but was it not sweet to you in the end 51b . ? She said to him, if a person dips a finger into honey and puts it into his mouth on the Day of Atonement, does he not feel bad about it and at the end it is sweet? He accepted her 45a . .
“If you deviated from under your husband and became defiled,. 5:20 . ” that excludes Num . 13 read: “Other than your husband”, that includes a eunuch’s wife. a castrate’s wife. “And a man ejaculated into you. 5:20 . ”, that includes a castrate. “Except for a minor and a non-man,” e. g., an ape.
MISHNAH: For the following the court will declare jealousy: One whose husband had become a deaf-mute, or insane, or was confined in a jail; not to make her drink but to make her ineligible for her ketubah . 5:14 requires the husband to declare his jealousy in order to bring her to the Temple. R. Yose requires the presence of the husband only for the trip to the Temple and the ceremony ( vv. 15 ff.) . Rebbi Yose says, also to make her drink: When her husband will be freed from jail he should make her drink.
HALAKHAH: “For the following the court will declare jealousy,” etc. “The children of Israel.”
Why can he not make her drink? It is a decision of the verse: “The man shall bring his wife to the Cohen. 5:15 . .” Then he should not be able to declare his jealousy! The Torah said, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife,. 5:14 ; the court is empowered even if the man is temporarily disabled from acting as a husband. ” even if she is only partially his wife.
From where that the intercourse of a disabled disables 7:5 . ? What are we talking about? If about a married woman, there is a serious [offense]. If about a widow married to the High Priest, it already is written “The man shall bring his wife to the Cohen.” What is equal between them is: Everybody’s intercourse disqualifies those whose descendant would be disqualified. 7:5, Notes 111–116 . These are: “A child of nine years and one day, an Ammonite, Moabite, Edomite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of a Cohen, a Levite, or an Israel, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies those whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.”