תלמוד על יבמות 2:1

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.}.

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..

“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; Sifry Deut. 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.