Rabbinic JudaismJerusalem Talmud Yevamot 11.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Yevamot 11.1

The Jerusalem Talmud

Jerusalem Talmud Yevamot 11.1

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English · Heinrich W. Guggenheimer

MISHNAH: One may marry [relatives of] a rape victim or a seduced woman. He who rapes or seduces [a relative of] a married woman is guilty. A person may marry his father’s rape victim or seduced woman, his son’s rape victim or seduced woman. Rebbi Jehudah prohibits his father’s rape victim or seduced woman.

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English · Heinrich W. Guggenheimer

HALAKHAH: “One may marry [relatives of] a rape victim or a seduced woman,” etc. So is the Mishnah: One may marry after a rape victim or seduced woman. If he raped a woman, her mother is permitted; if he seduced a woman, her daughter is permitted.

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English · Heinrich W. Guggenheimer

“He who rapes or seduces [a relative of] a married woman is guilty.” Rebbi Joḥanan said, one stated this for marriage. If he married a woman and then raped her mother, he is guilty. If he married a woman and then seduced her daughter, he is guilty.

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English · Heinrich W. Guggenheimer

There, we have stated: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes]. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.” Rebbi Eleazar said, [Symmachos] and Rebbi Joḥanan ben Nuri said the same thing, since we stated there: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be guilty because of his mother-in-law, his mother-in-law’s mother and his father-in-law’s mother. They said to him, all three fall under the same law.” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees to the earlier [part of the Mishnah]. If was found stated, it still is in dispute. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions, also a woman and her son’s daughter and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall under one and the same prohibition.

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English · Heinrich W. Guggenheimer

It is written: “If a man takes a woman and her mother, it is taboo.” Everywhere is written “lying with” but here is written “taking”, to teach you that he cannot be guilty for the second [woman] unless the first one is prepared for him. Or maybe only by marriage? We already said that there is no incestuous marriage. But is it not written: “Nobody may marry his father’s wife, and he should not uncover his father’s garment’s corner”? This comes to tell you that she was permitted to him before his father married her. But is it not written: “If a man take his brother’s wife, it is despicable”? This comes to tell you that she was permitted to him before his brother married her. This is confirmed by levirate. But is it not written: “You should not take a woman in addition to her sister to make her a co-wife”? This comes to tell you that she was permitted to him before he married her sister. This is confirmed after her sister’s death. But is it not written: “A man who would take his sister, his father’s daughter or his mother’s daughter; he sees her genitals and she sees his genitals, it is ḥesed.” Rebbi Avin said, that you should not say that Kain married his sister, Abel married his sister, “it is charitable”, I was charitable with the first generations so the world could be inhabited; “I said, the world was built on ḥesed.” But is it not written: “Widow, divorcee, and desecrated, these he shall not take”? This comes to tell you that if he became betrothed to her that the betrothal is valid.

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English · Heinrich W. Guggenheimer

Rebbi Ḥuna understood all of them from this verse: “The genitals of a woman and her daughter you should not uncover, etc.” Taboo - taboo, for an equal cut. Since there are three generations downwards, so there are three generations upwards. Since there is a prohibition downwards, so there is a prohibition upwards. Since upwards one requires marriage, so downwards one requires marriage. Since upwards they are burned, so downwards they are burned. Since downwards, He gave the male’s daughter the same status as the female’s daughter, so upwards we give the male’s mother the same status as the female’s mother.

7
English · Heinrich W. Guggenheimer

And following Rebbi Meïr? Since Rebbi Meïr said, a gezerah šawah is at the place it comes from, from where is the third generation (below) forbidden? And following the rabbis, who say, a gezerah šawah is said about them, from where that the third generation above is punished by burning? Both for Rebbi Meïr and the rabbis, from where that the third generation above is forbidden? Since it is written “taboo, taboo” for a gezerah šawah, it is as if all were included; all are included.

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English · Heinrich W. Guggenheimer

So far his daughter’s daughter from marriage. His daughter’s daughter from a rape? “The genitals of your son’s daughter or your daughter’s daughter.” Where do we hold? If from marriage, it already had been said. So it it cannot refer to marriage but must refer to rape. So far for the warning, from where the punishment? Rebbi Samuel bar Rav Isaac said, “they, they; taboo, taboo”. That follows Rebbi Aqiba; following Rebbi Ismael? Rebbi Ismael stated: “they”, from “them”. So far about his daughter’s daughter, from where his daughter? Rav said, if he is forewarned about his daughter’s daughter, so much more for his daughter! If for his daughter’s daughter he is subject to extirpation, so much more for his daughter!

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English · Heinrich W. Guggenheimer

They asked before Rebbi Abbahu: His daughter’s daughter from a marriage; his daughter’s daughter from a rape? He said to them, every “daughter’s daughter” falls under the same category. They asked before Rebbi Abbahu: If [a man] came to a woman, she had a daughter, and after that he came and copulated with her. Is he guilty about her because of a woman and her daughter, her daughter’s daughter and her son’s daughter? He said to them, “they are relatives, it is taboo;” all because of taboo.

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English · Heinrich W. Guggenheimer

Rebbi Ḥaggai asked before Rebbi Yose: Why do we not say, “your daughter you should not uncover, your daughter’s daughter you should not uncover”? He said to him, if it were written “the genitals of a woman and her daughter’s daughter you shall not uncover”, we would have said, “your daughter you should not uncover, your daughter’s daughter you should not uncover”.

11
English · Heinrich W. Guggenheimer

Rebbi Abbahu, Rebbi Eleazar in the name of Rebbi Hoshaiah. If there are two prohibitions and one liability to extirpation, the prohibitions split the extirpation. What is the reason? “On human flesh it may not be rubbed and in its proportions you should not make [a compound] like it.” And it is written: “A man who would compound like it”. Here are two prohibitions and one liability to extirpation. The prohibitions divide the extirpation. This follows Rebbi Ismael, since Rebbi Ismael said one infers from an argument de minore ad majus but one does not punish from an argument de minore ad majus. Where does he have that from? It comes following what Ḥizqiah stated: “If the daughter of a Cohen is desecrated by whoring.” Why does the verse say, “a man”? To include him who cohabits with his daughter’s daughter from a rape that she should be [under sentence of] burning. Rebbi Yose ben Rebbi Abun said, one may even understand this from the warning: “Do not desecrate your daughter.”

12
English · Heinrich W. Guggenheimer

What is the reason of Rebbi Jehudah? “ A man may not take his father’s wife,” that refers to his father’s wife; “and he should not uncover his father’s wing,” that is his rape victim. How do the rabbis explain “his father’s wing”? There, they say and they do not know the origin of the tradition, that refers to a wing which leans on his father. Would he not anyhow be guilty for her because of his father’s wife? Rebbi Hila said, because of forewarning, that if he was warned because of his father’s wife, he will be whipped, and because of his father’s wing, he will be whipped. Rebbi Jehudah agrees about whipping. Rebbi Jehudah agrees about sacrifice. Rebbi Jehudah agrees about all other doubtful cases that he is free. Rebbi Jehudah agrees that if he gave her qiddušin that these qiddušin are legally valid.

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English · Heinrich W. Guggenheimer

Rebbi Ḥaggai asked before Rebbi Yose: Is the child a bastard following Rebbi Jehudah? He said to him, “No one with a damaged testicle or with cut-off penis may marry” interrupts the argument. It interrupted the argument in the matter of the father’s wife. He retorted, the father’s wife was part of the set of all incest prohibitions; it was selected from this set to teach about bastardy for all incest prohibitions. (Let the father’s wife be selected to teach about bastardy for all incests prohibitions.) Similarly, let the rape victim be selected to teach a prohibition concerning all rape victims. He said to him, the father’s wife was part of the set of all incest prohibitions; it was selected from this set to teach about bastardy for all incest prohibitions. Can you say that the rape victim was in a set of all rape victims, that it could teach a prohibition concerning all rape victims? Why cannot the father’s wife be selected to teach about the rape victims in her case? He said to him, is she is the father’s wife, she is not his rape victim; is she is the father’s rape victim, she is not his wife.

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Jerusalem Talmud Yevamot 11.1English
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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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