Rabbinic JudaismJerusalem Talmud Yevamot 12.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Yevamot 12.1

The Jerusalem Talmud

Jerusalem Talmud Yevamot 12.1

1
English · Heinrich W. Guggenheimer

MISHNAH: The commandment of ḥalîṣah is to be executed before three judges; all three may be lay people. If she performed ḥalîṣah with a shoe, the ḥalîṣah is valid, with a felt slipper it is invalid. With a sandal having a heel it is valid, without a heel it is invalid. Below the knee the ḥalîṣah is valid, above the knee it is invalid.

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English · Heinrich W. Guggenheimer

HALAKHAH: “The commandment of ḥalîṣah is to be executed before three judges,” etc. It is written “elders”, and you say laymen? The commandment is on the elders. From where that even laymen [are acceptable]? The verse says, “stripped of shoe”, in any case.

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English · Heinrich W. Guggenheimer

There are Tannaim who state that ḥalîṣah in front of converts is valid. And there are Tannaim who state that ḥalîṣah in front of converts is invalid. He who says that ḥalîṣah in front of converts is valid follows him who says “in Israel” to include converts. He who says that ḥalîṣah in front of converts is invalid follows him who says “in Israel” to exclude converts.

4
English · Heinrich W. Guggenheimer

Here, you say, to exclude converts. But there, you say, to include converts. There, “the citizen” to exclude converts, “in Israel” to exclude converts; an exclusion after an exclusion to include converts. But here, “in Israel”, not converts.

5
English · Heinrich W. Guggenheimer

There are Tannaim who state that ḥalîṣah in the presence of two men is invalid; there are Tannaim who state that ḥalîṣah in the presence of two men is valid. Does he who says, ḥalîṣah in the presence of two men is invalid, hold that ḥalîṣah in front of converts is invalid, and he who says, ḥalîṣah in the presence of two men is valid, hold that ḥalîṣah in front of converts is valid? Even he who holds that ḥalîṣah in front of converts is valid will agree that in the presence of two men it is invalid since judgments in civil matters are valid from converts but invalid from two [judges].

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English · Heinrich W. Guggenheimer

There are Tannaim who state that ḥalîṣah in the night is valid; there are Tannaim who state that ḥalîṣah in the presence of two men is invalid. Does he who says, ḥalîṣah in the night is valid, hold that ḥalîṣah in front of converts is valid, and he who says, ḥalîṣah in the night is invalid, hold that ḥalîṣah in front of converts is invalid? Even he who holds that ḥalîṣah in front of converts is valid will agree that in the night it is invalid since judgments in civil matters are valid from converts but invalid in the night.

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English · Heinrich W. Guggenheimer

Some Tannaim state, only if the judges know how to instruct what to say. Some Tannaim stated, even if the judges do not know how to instruct what to say. He who said, only if the judges know how to instruct what to say, before they found a hint in Scripture, but he who said, even if the judges do not know how to instruct what to say, after they found a hint in Scripture: “You shall answer and say;” one answers only to a single person. Rebbi Yose said, and only from the mouth of the judge, but one does not follow this.

8
English · Heinrich W. Guggenheimer

“If she performed ḥalîṣah with a shoe, the ḥalîṣah is valid.” For whom is this statement needed? For Rebbi Meїr, since Rebbi Meїr said, one does not perform ḥalîṣah with a shoe. It was stated: Rebbi Yose said, it happened that I went to Nsebin and saw there an old man to whom I said, did you ever know Rebbi Jehudah ben Bathyra in your lifetime? He told me, Rabbi, I was a banker in my city and he was a constant customer of my bank. I told him, did you ever see him supervising a ḥalîṣah in your lifetime and what he did use for ḥalîṣah, a shoe or a sandal? He said to me, Rabbi, is there a sandal in our place? I wondered, how could Rebbi Meïr say that one does not perform ḥalîṣah with a shoe?

9
English · Heinrich W. Guggenheimer

Rebbi Abba, Rav Jehudah in the name of Rav: If Elijah came and said that one performs ḥaliṣah with a shoe, one would listen to him; that one does not perform ḥaliṣah with a sandal, one would not listen to him since most people use a sandal for ḥalîṣah and usage supersedes practice. Rebbi Ze‘ira, Rav Jeremiah, in the name of Rav: If Elijah came and said that one does not perform ḥaliṣah with a shoe, one would listen to him; that one does not perform ḥaliṣah with a sandal, one would not listen to him since most people use a sandal for ḥalîṣah and usage supersedes practice.

10
English · Heinrich W. Guggenheimer

Rebbi Ze‘ira showed the bending to Rebbi Abba, Rebbi Isaac. He said to him: Does one do this? He said to him, one does. He said to him, did not our teacher bend?

11
English · Heinrich W. Guggenheimer

Rebbi Ze‘ira showed Rebbi Abba bar Isaac how it is done. He binds [the shoelaces] that he can walk unaided. How is it done? Rebbi Ḥanania the son of Rebbi Hillel said, he laces it so that she will be able to untie it with one hand. How is it done? She unties with her right hand, grabs [the shoe] with her left hand, slips it off the heel and drags it away with her right hand, so that the slipping off and the unbinding should be done by the right hand.

12
English · Heinrich W. Guggenheimer

Rav said, the essence of ḥalîṣah is the untying of the shoelace. Did not Rebbi Abba say in the name of Rav Jehudah, Rebbi Zeriqan turns to it in the name of Rav: The words of the Sages: If she slips off but did not spit, or spat but did not take off, nothing was done unless she slips off and spits. Even though Rav said “unless she slips off and spits” he agrees that the essence of slipping off is untying the shoelaces.

13
English · Heinrich W. Guggenheimer

Rav said, the main point in acquiring squatters’ rights is the bringing in of the yield. Did not Rav say, only if one saw him hoeing and weeding? Even though Rav said, only if one saw him hoeing and weeding, Rav agrees that the main point in acquiring squatters’ rights is the bringing in of the yield.

14
English · Heinrich W. Guggenheimer

Rebbi Yannai said, if he took off [his shoe] and she put it on again, or she took it off but he had untied, the ḥalîṣah is invalid and if he wants to go back, he may not go back on it. Why? Is it since the two actions are not there together or because they are not in the right order? What is the difference? If she afterwards untied [the shoestrings]. If you say, because the two actions are not there together? They are there together! The reason therefore must be that they are not in the right order.

15
English · Heinrich W. Guggenheimer

Rebbi Eleazar said, in some cases they said that her ḥalîṣah is invalid and if he wants to go back he may go back. And in some cases they said that her ḥalîṣah is valid and if he wants to go back he may not go back. [If a woman] performed ḥalîṣah with felt slippers or for an underage boy, her ḥalîṣah is invalid and if he wants to go back he cannot go back. If she performed ḥalîṣah with a slipper, some Tannaim state that the ḥalîṣah is valid and some Tannaim state that the ḥalîṣah is invalid. He who says that the ḥalîṣah is valid, with a leather slipper; he who says that the ḥalîṣah is invalid, with a textile slipper. A shoe in a slipper, some Tannaim state that the ḥalîṣah is valid and some Tannaim state that the ḥalîṣah is invalid. For him who holds that the ḥalîṣah is valid, the slipper is textile but the shoe leather. For him who holds that the ḥalîṣah is invalid, the slipper is leather but the shoe textile. Some Tannaim state that one may wear a slipper of the Day of Atonement and some Tannaim state that one may not wear a slipper. Rav Ḥisda said, For him who holds that one leaves the house [wearing a slipper,] a textile slipper, he who says that one may not leave the house [wearing a slipper,] a leather slipper.

16
English · Heinrich W. Guggenheimer

“With a sandal having a heel it is valid.” There, they say, for example those קנסרוס. But the rabbis here say, like ours. Rav said, if I had not seen my uncle, the elder Rebbi Ḥiyya, performing a ḥalîṣah with a sandal with plaited straps, I would not feel competent to do so. The maternal uncle of Rav Cahana performed ḥalîṣah in the night, as single judge, on Friday night, with a cork sandal, and standing; (Rabbi Zeriqa said) and she did not spit. Rav heard that and said, who would ever do that except the maternal uncle of Rav Cahana?

17
English · Heinrich W. Guggenheimer

So is the Mishnah: “If he ties lower than the knee, it is valid, above the knee it is invalid.” It is written: “Aaron and his sons shall wash their hands and feet from it.” It was stated about this: The hand up to the wrist, the foot up to the calf; and here you say so? There is a difference, since it is written “from above his foot”. In that case, even higher than the knee should be valid! There is a difference, since it is written “from above his foot”, and not from higher than above his foot. Cahana objected: Is it not written, “and the afterbirth which comes out from between her feet;” does it come out from between her feet? It looks as if it was between her feet; as we have stated there: “The water pit was between the Temple hall and the alter drawn towards the South.” Was it put between the hall and the altar? Only it looked as if between hall and altar.

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Jerusalem Talmud Yevamot 12.1English
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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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