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The Jerusalem TalmudJerusalem Talmud Yevamot 4.2

The Jerusalem Talmud

Jerusalem Talmud Yevamot 4.2

1
English · Heinrich W. Guggenheimer

MISHNAH: If somebody marries his sister-in-law but she turned out to have been pregnant and gave birth. If the child is alive, [the levir] has to divorce her and they must bring a sacrifice. If the child is not alive, he may keep her. If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated to bring a reparation offering for an uncertain case.

2
English · Heinrich W. Guggenheimer

HALAKHAH: Rebbi Yose said, in any case where the true fact can be ascertained, one does not have to bring a reparation offering because of doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them and the other is locked up.He says, since I could determine the true fact if I would find the key, does one have to bring a reparation offering in this case of doubt? Let us hear from the following: “If somebody marries his sister-in-law but she turned out to have been pregnant”, as long as it is not known whether the child lives or does not live, does he have to bring a reparation offering because of the doubt? This means that he does not bring.

3
English · Heinrich W. Guggenheimer

Rav said, in any case where the true fact can never be established, one does not have to bring a reparation offering for the doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them, and then a raven ate the other. Since he cannot ascertain the true fact, one does not have to bring a reparation offering for this doubt. But if the raven ate first and then he ate, since he could have ascertained the true fact, one has to bring a reparation offering for the doubt. But did not Rav say, only if he made sure that it certainly was suet? Even though Rav said, only if he made sure that it certainly was suet, he agrees here that he could have ascertained the true fact. A baraita disagrees with Rav: “As Rebbi Eleazar says, one must bring a reparation offering for the doubt of suet.” What does Rav do with that? They disagree with the words of Rebbi Eleazar. A baraita disagrees with Rav: “If there were both a piece of profane [meat] and a piece of sacrificial [meat], he ate one of them and it is not known which one, he brings a reparation offering for the doubt. If he [then] ate the second piece, he brings a reparation offering for a certain transgression. If he ate the first piece and another person came and ate the second, each one brings a reparation offering for the doubt.” One understands that the first brings a reparation offering for the doubt. Why the second? Rebbi Yose said, explain it that the piece was large, he ate half of it and left the other half. A Mishnah disagrees with Rav: “If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for the doubt.” Here it is impossible to ascertain the true fact and they are obligated for a reparation offering for the doubt! Rebbi Yose said, Rebbi Ze‘ira explained it before Rebbi Ḥiyya bar Abba; Rebbi Ḥizqiah, Rebbi Ḥiyya bar Abba: Rebbi Ze‘ira explained it before us. Since he could just have touched her and then separated, he could have known whether it is his or the other’s, it is as if he could have ascertained the true fact!

4
English · Heinrich W. Guggenheimer

How do we hold? If he came to her immediately after her husband’s death, and the fetus was recognized after two months, one should have stated: A nine-month child of either one of them or a seven-month of either one of them! But it may be that he came to her after two months and the fetus was recognized after three months, one should have stated: The sister-in-law should not perform ḥalîṣah or be married in levirate until after five months! But it must be that he came to her after 40 days and the fetus was recognized after 50 days. That would be complete months for [a child of] the first [brother] and incomplete ones for the second. This implies that a woman may give birth after full months. This implies that there are two creations. This implies that a woman may give birth after incomplete months. This implies that a woman may become pregnant repeatedly. This implies that a woman cannot become pregnant simultaneously from two men. And it disagrees with the sermonizing rabbis, since the sermonizing rabbis say “the middleman” “from the orders of the Philistines”, from 100 prepuces of Philistines, that 100 prepuces of Philistines touched her. Rebbi Mattaniah said, there is no disagreement. As long as the semen is not spoiled, a woman can become pregnant from several men simultaneously. After the semen is spoiled, a woman cannot become pregnant from several men simultaneously.

5
English · Heinrich W. Guggenheimer

From where the two creations? Rebbi Ze‘ira in the name of Rebbi Huna: “He created”, a creation for seven and a creation for eight. If he was created for seven but born at eight, he lives; so much more if [born] by nine. If he was created for nine and born at eight, he does not live. If he was created for nine and born at seven? Come and see, if he does not live at eight, so much less at seven! They asked before Rebbi Abbahu. From where that a seven-month baby lives? he said to them, from yours I am giving to you: ζῇ τὰ ἑπτὰ, ζῇ τὰ ἑπτὰ.

6
English · Heinrich W. Guggenheimer

If the uncertain [son] comes to take his part in his father’s [inheritance]. one says to him, the other one is your father. If the levir comes to take his part in his brother’s [inheritance], one says to him, that one is his son. How is that? They compromise between themselves and split the property of the deceased. One finds, compromise with his brother is loss to the brothers; competition between the brothers is catastrophy for the brothers. If the old man dies, one finds that certain sons and an uncertain grandson come. If the uncertain [son] dies there exists a certain son of his father’s brother and an uncertain mother. If one of the brothers dies, there is a certain son and an uncertain son of a brother. If the mother of the uncertain [son] dies, there is a certain son and an uncertain husband. If first the uncertain [son] dies and after that his mother, a son of the mother’s brother is certain but the husband uncertain. If the levir dies and the uncertain [son] comes to take his part in his father’s inheritance, if the first one was poor, they tell him, that one is your father. If he was rich, the tell him, we all are brothers, sons of his brother. Come and let us inherit our father’s part and the part of our father’s brother.

7
English · Heinrich W. Guggenheimer

It was stated: “The first son could be High Priest, any second son possibly is a bastard. Rebbi Eliezer ben Jacob said, there is no such thing as a possible bastard.” Rebbi Eliezer ben Jacob agrees in cases of doubt of Samaritans and desecrated persons. This refers to what we have stated there: “Ten classes returned from Babylonia.” In the opinion of Rebbi Eliezer ben Jacob, eight. In the opinion of Rabban Gamliel and Rebbi Eliezer, nine. In the opinion of the rabbis, ten.

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Jerusalem Talmud Yevamot 4.2English
2
Jerusalem Talmud Yevamot 4.20%

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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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