מה אבא שאול כר' עקיבה דר' עקיבה אמר יש ממזר ביבמה מה דא"ר עקיבה ביבמה שזינתה מה דאמר אבא שאול ביבמתו אתיא כר' יוסי בר חלפתא דרבי יוסי בן חלפתא ייבם את אשת אחיו חמש חרישות חרש וחמש נטיעות נטע ודרך סדין בעל אילו הן רבי ישמעאל בי ר' יוסי ר' לעזר בי ר' יוסי ר' מנחם בי ר' יוסי ור' חלפתא בר' יוסי רבי אבדימוס בי ר' יוסי. כתיב (ויקרא י״ח:ט״ו-ט״ז) ערות אשת אחיך לא תגלה משמע הוא בין אשת אחיו מאביו בין אשת אחיו מאמו בין אשת אחיו שהיה בעולמו בין אשת אחיו שלא היה בעולמו בין לחיים בין לאחר מיתה בין שיש לו בנים בין שאין לו בנים הותרה מכללה על ידי ייבום יכול לכל דבר נאמר כאן (דברים כ״ה:ה׳) כי ישבו אחים יחדיו ונאמר להלן (בראשית ה) שנים עשר עבדיך אחים אנחנו מה אחים שנאמר להלן באחים מן האב
Come and see, [let us test this hypothesis by implication from our mishnah]: "...from the time that the Kohanim go in to eat their terumah." It is [still close to] daytime. It is as soon as the stars come out!? [and the Tosefta says:] "...from the time when people usually go in to eat their bread on the eve of the Sabbath." That is an hour or two after nightfall! [These are obviously two very different times.] And yet you say: "These opinions are close enough to be equal!?" --Rabbi Yose said: "Let the problem be resolved [by claiming that the Tosefta refers only] to those small villages whose way is to go on up [home] while it is still day, to spare themselves from the animals." It teaches in a Baraita: "The one who recites [the Shema] before this has not fulfilled their obligation. If so, why do we recite it [before nightfall] in the synagogue? Rabbi Yose said: 'We do not recite it in the synagogue to fulfill its obligation. Rather, [we recite it] so that we may stand up in prayer after a word of Torah." Rabbi Zeira in the name of Rav Yirmiyah: "If there is doubt whether he made the blessings after his food or not, he should make the blessings [even though he may be doing it a second time]. For it is written (Deut. 8:10) 'And you shall eat, and you shall be satisfied, then you shall bless [the LORD your God...]' If there is doubt whether he prayed or not, he should not pray [as he may have already done so.]" But he disagrees with Rabbi Yohanan. For Rabbi Yohanan said: "If only a person could pray the entire day!" Why? For prayer is never a waste. If there is doubt whether he recited [Shema] or not, we may gather from this baraita: "The one who recites [the Shema] before this has not fulfilled their obligation." And is not before [nightfall] a time of doubt? And yet you say "he should recite [Shema]." This implies that if there is doubt whether he recited [Shema] or not, he should recite [Shema]. [From Tosefta 1:1] "The indicator of this is when the stars come out. And though there is no proof of it [from Scripture], there is a trace of it: (Neh. 4:21) '...we were doing the labor, and half of them were holding the spears from the break of dawn until the stars came out.' And he writes: '...it is guard-time for us by night and labor by day." How many stars should come out so that it becomes night? Rabbi Pinhas in the name of Rabbi Abba bar Papa: "One star, surely day. Two, doubt. Three, surely night." "...two doubt," [really]? But is it not written, "...until the stars came out!?" Rather, [the plural] "stars" indicates two! [Not three!]--The first one doesn't count. [An unattributed baraita:] "If he sees one star on the eve of the Sabbath and performs a creative task, he is exempt [from punishment]. Two, he brings a conditional guilt offering, Three, he brings a sin offering. On the departure of the Sabbath, if he sees on star and performs a creative task,
Jerusalem Talmud Yevamot
MISHNAH: Similarly, anybody who comes upon any of the incest-prohibited women specified in the Torah, or of the disqualified ones, [i. e.,] a widow for the High Priest or a divorcee or one who had participated in ḥalîṣah for a private36Greek ἰδιώτης. Cohen, a bastard37Cf. Chapter 1, Note 29. or Gibeonite38Cf. Chapter 2, Note 72. female for an Israel, or an Israel woman for a male bastard or Gibeonite, disqualified her39She is disqualified from marrying a Cohen, or, if she is the daughter of a Cohen, from eating sanctified food. and there is no difference between intercourse and intercourse40Any intercourse in the list of Mishnah 1 which would acquire the sister-in-law in levirate will disqualify any woman from marrying into the priesthood. {There are slight legal differences between the cases enumerated in Lev. 21:7. Any infraction of the “holiness prohibitions” (Mishnah 2:4) desecrates the woman; the others formally make her a prostitute.}.
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Jerusalem Talmud Yevamot
MISHNAH: Secondary prohibitions instituted by the Sopherim21Cf. Mishnah 2:4.. If she is secondarily prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir22Since the first marriage was legitimate by biblical standards the levirate also will be legitimate by biblical standards.. Secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband. Secondarily prohibited to both of them, she is forbidden to both of them. She may claim neither Ketubah23Cf. Chapter 4, Note 84. nor usufruct24She cannot reclaim the usufruct the husband had from her dowry during the marriage. nor upkeep nor wear25If part of the dowry was in the form of vessels or clothing, she cannot claim the diminution in value caused by wear during the marriage. but the child is qualified26Since the marriage is completely legitimate by biblical standards, the child is qualified even for the office of High Priest. and one forces him to divorce her27The rabbinic court if it has the power to do so. All these rules are made to dissuade women to consent to such a marriage which otherwise they would have no incentive to refuse since the children are qualified.. A widow married to the High Priest, a divorcee of one that performed ḥalîṣah married to a simple priest, a female bastard or a Gibeoness married to an Israel, and Israel woman married to a Gibeonite or a bastard have a claim of Ketubah28Since in this case the children are disqualified, the woman has every incentive not to agree to such a marriage..
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Jerusalem Talmud Yevamot
“If they are unable to marry in Israel they disable.” These are111Babli 68a, Tosephta Yebamot8:1, Niddah 6:1.: “A child of nine years and one day112Mishnah 4., an Ammonite, Moabite, or Egyptian113Mishnah Yadaim 4:4 notes that modern Ammonites, Moabites, and Egyptians are no longer the peoples living in these places at the time of the Exodus; therefore, the prohibitions ofDeut. 23:4–9 are no longer operative. All arguments based on these rules are theoretical exercises of retrospection. proselyte, or a bastard, desecrated, Gibeonite114Cf. Chapter 2, Note 72., Samaritan115Their problems are discussed in the next Halakhah., and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies 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 widow116For a Cohen, not necessarily for anybody else.; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte117A female Moabite or Ammonite was never prohibited from marrying a Jew (Mishnah 8:3; SifryDeut. 249.). The same argument in Babli 69a. is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant118If he is a male (Mishnah 8:3). would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian119Any third generation Egyptian, male or female, is permitted; Deut. 23:9; Mishnah 8:3., even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian120From a Jewish mother., Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women121The mother, the wife of an Ammonite or second generation Egyptian.: Rebbi Joḥanan said, they are acceptable122He follows Rabban Simeon ben Gamliel. Rebbi Alexander’s question is not answered since it is moot anyhow., Rebbi Simeon ben Laqish said, they are disqualified.
