The Jerusalem Talmud Jerusalem Talmud Yevamot 6.1

English · Heinrich W. Guggenheimer

MISHNAH: If somebody comes to his sister-in-law, whether in error, or criminally, or under duress, or willingly, even if he is in error and she acts criminally, or he does it criminally but she is in error, or he is under duress but she is not, or she is under duress but he is not, whether he touched or completed, he acquired her and there is no difference between intercourse and intercourse.

2

English · Heinrich W. Guggenheimer

HALAKHAH: “If somebody comes to his sister-in-law,” etc. We have stated: “Even if he is in error and she acts criminally, or he does it criminally but she is in error.” Rebbi Ḥiyya stated: Even if both act in error, even if both act criminally. They wanted to say, a hearing person who is competent acquires both if he has the intention and if he does not have the intention but the deaf-mute, who is not competent, should acquire only if he has the intention. It was found that Rebbi Ḥiyya stated: Both the deaf-mute and the insane who copulated acquired [the widow] and freed the co-wives.

3

English · Heinrich W. Guggenheimer

“Her levir shall come upon her”, when he is aware of it. “And take her as a wife for himself”, when he is not aware of it. “And take her in levirate”, even against his will. “Her levir shall come upon her”, when she is aware of it. “And take her as a wife for himself”, when she is not aware of it. “And take her in levirate”, even against her will. “Her levir shall come upon her”, in the usual way. “And take her as a wife for himself”, not in the usual way. “And take her in levirate”, even from the side. “Her levir shall come upon her”, in a completed intercourse. “And take her as a wife for himself”, in incomplete intercourse. “And take her in levirate”, even if only touching.

4

English · Heinrich W. Guggenheimer

What is touching? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with? If about incest prohibitions, He made the one who touches equal to him who finishes. If for a bound slave girl, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.”

5

English · Heinrich W. Guggenheimer

There, we have stated: “All women become impure in the outer cavity.” What is the outer cavity? Rebbi Joḥanan said, up to the place which is seen when girls sit down to urinate. Rebbi Simeon ben Laqish said to him, but in all impurities particular to her, she becomes impure only up to the place of teeth. Rebbi Zakkai stated: Up to the place of teeth, and from between the teeth to the inside. Rebbi Yose ben Rebbi Abun in the name of Samuel: The entire genitals are called “outer cavity”.

6

English · Heinrich W. Guggenheimer

“He acquired her and there is no difference between intercourse and intercourse.” What did he acquire? Samuel said, he acquired only the things spelled out in the paragraph: To inherit the deceased’s property, (to be betrothed by a brother), and to permit her co-wife to the outside. Rebbi Joḥanan said, he acquired everything. Rebbi Isaac ben Eleazar said, when do they disagree? If he touched her. But if he completed the intercourse, everybody agrees that he acquired everything. Rebbi Mattaniah said, when do they disagree? If he had intercourse with her still in her father’s house. But if he had intercourse with her still in her husband’s house, everybody agrees that he acquired everything. Rebbi Yose said, the Mishnah said: If he married her, she is his wife in every respect.

7

English · Heinrich W. Guggenheimer

May she eat heave? Rebbi Abba in the name of Samuel: It is reasonable that she should eat if she was eating during her husband’s lifetime; otherwise she may not eat. Rebbi Joḥanan said, she eats even if she did not eat before. Rebbi Yose said, even if she was only able to eat. There is a baraita in support of either one. There is a baraita supporting Samuel: A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat. There is a baraita supporting Rebbi Joḥanan: A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.

Jerusalem Talmud Yevamot 6.1

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