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Yevamot 34

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Summary

This week’s learning is sponsored by Sharon Hirsch in honor of her daughter, daughters-in-law and granddaughters.

Today’s learning is sponsored by Rikki and Alan Zibitt in loving memory of Rikki’s mother, Frieda Carlin, Fraidl bat Meir v’Rivka on the occasion of her 7th Yahrzeit. May her neshama have an Aliyah.

After discussing the different opinions of Rabbi Shimon and Rabbi Yosi regarding actions that could possibly incur multiple prohibitions, the Gemara associates our Mishna with the opinion of Rabbi Meir who holds that in cases of prohibitions that are inclusive (issur kollel) and ones that are expanded (issur mosif) and ones that happen at the same time, one is obligated for each one (issur chal al issur). This is proven by a Mishna in Keritot regarding an impure person who ate on Yom Kippur forbidden fats from a sacrifice that were leftover beyond their time (notar) – they are obligated to bring four sin offerings and one guilt offering. Rabbi Meir there adds that if it was Shabbat and the person was eating it as they walked out on one domain and into another, they would be obligated as well for carrying on Shabbat. This case includes all three types. How does the ruling regarding the mistake in the kiddushin relate to a debate regarding one who makes a mistake while performing a mitzva? The Gemara suggests that the Mishna could also be explained according to Rabbi Shimon if it can be explained that all the prohibitions came simultaneously. Rav Amram brings a possible scenario in which this could be. There is an assumption that women can’t (or likely do not) get pregnant the first time they have sexual relations. If so, why does the Mishna rule that the woman needs to wait three months before going back to her actual husband? An answer is brought to resolve the question. Didn’t Tamar get pregnant during her first time having relations? Firstly, the Gemara establishes how they know she was still a virgin. Then they resolve the question. Another issue regarding impurity that relates to the assumption that women don’t get pregnant from their first time having relations is discussed. Rabbi Yochanan said that a woman who was married and the marriage ended and she waited more than ten years before getting remarried, could no longer bear children. However, Rav Nachman limits this to one who did not have a desire to get remarried during that time. A few cases of this are brought including Rav Chisda’s daughter’s marriage to Rava which was after ten years of her being married to Rami bar Hama, and yet she bore children from that marriage. What women do not have to wait three months before remarrying?

Yevamot 34

וּמַאן הַאי תַּנָּא דְּאִית לֵיהּ אִיסּוּר כּוֹלֵל וְאִיסּוּר מוֹסִיף וְאִיסּוּר בַּת אַחַת?

The Gemara asks: According to Rabbi Ḥiyya, who teaches that this case incurs sixteen sin-offerings, who is this tanna who holds that a prohibition takes effect where another prohibition already exists for a more inclusive prohibition, an expanded prohibition, and a simultaneous prohibition? If these men are brothers, the moment that one betrothed a woman, that woman was immediately rendered forbidden to the second brother both as a married woman and as his brother’s wife. When the second brother betrothed her sister, this added the prohibition pertaining to his wife’s sister. This is a more inclusive prohibition because, as a result of this betrothal, the second brother is prohibited from engaging in sexual intercourse not only with his wife’s sister, who is his brother’s wife, but also with all of her other sisters. When this woman becomes a menstruating woman, she is forbidden to her husband as well, which is an expanded prohibition. Consequently, the mishna includes examples of all three types of prohibitions and asserts that they all take effect in this case. Therefore, the Gemara wonders which tanna holds that in each of these cases the prohibition takes effect even where another prohibition exists.

אָמַר רַב יְהוּדָה אָמַר רַב: רַבִּי מֵאִיר הִיא. דְּתַנְיָא: יֵשׁ אוֹכֵל אֲכִילָה אַחַת וְחַיָּיב עָלֶיהָ אַרְבַּע חַטָּאוֹת וְאָשָׁם אֶחָד.

Rav Yehuda said that Rav said: This is the opinion of Rabbi Meir, as it is taught in a baraita: There is one who performs a single act of eating an olive-bulk of food, and he is liable to bring four sin-offerings and one guilt-offering.

טָמֵא שֶׁאָכַל חֵלֶב, וְהוּא נוֹתָר מִן מוּקְדָּשִׁין, בְּיוֹם הַכִּפּוּרִים.

How so? This halakha applies to one who is ritually impure who ate forbidden fat that was notar from a consecrated offering, i.e., it remained after the time when it was permitted to eat it, and this occurred on Yom Kippur. One who did this is liable to bring one sin offering for eating consecrated food while impure, one for eating forbidden fat, one for eating notar, and one for eating on Yom Kippur. He is also liable to bring a guilt-offering for misuse of consecrated items. In this case, it was prohibited to eat the fat from the moment the animal was born. When the animal was consecrated, the prohibition against deriving benefit from it took effect on the entire animal, rendering this an expanded prohibition. When the priest became ritually impure and thereby prohibited from partaking of all sanctified foods, a more inclusive prohibition took effect. The moment the fat was rendered notar, it became prohibited to offer it on the altar as well, so that that is another instance of an expanded prohibition. Lastly, on Yom Kippur, an additional, more inclusive prohibition took effect because on Yom Kippur it is prohibited to eat all food, even that which is not consecrated.

רַבִּי מֵאִיר אוֹמֵר: אִם הָיְתָה שַׁבָּת וְהוֹצִיאוֹ בְּפִיו — חַיָּיב. אָמְרוּ לוֹ: אֵינוֹ מִן הַשֵּׁם.

Rabbi Meir says: There is one more sin-offering for which he may be liable. If it was Shabbat and he carried this olive-bulk of food from one domain to another in his mouth, he is liable for carrying out on Shabbat. The Rabbis said to Rabbi Meir: Liability for the sin-offering that you added is not incurred from violation of the same type of prohibition. He is liable for carrying out the food, not for eating it. In this example, the prohibitions of Shabbat and Yom Kippur take effect at the same moment, and therefore this last case would be an instance of simultaneous prohibitions, and Rabbi Meir holds that they take effect as well. Therefore, this baraita demonstrates that Rabbi Meir holds that prohibitions take effect where other prohibitions already exist in all of these instances: More inclusive prohibitions, expanded prohibitions, and simultaneous prohibitions.

וְרַבִּי מֵאִיר אַלִּיבָּא דְּמַאן? אִי אַלִּיבָּא דְּרַבִּי יְהוֹשֻׁעַ, הָאָמַר: טָעָה בִּדְבַר מִצְוָה — פָּטוּר. אֶלָּא אַלִּיבָּא דְּרַבִּי אֱלִיעֶזֶר.

The Gemara continues to clarify the opinion of Rabbi Meir: And in accordance with whose opinion is the statement of Rabbi Meir? If you say that it is in accordance with the opinion of Rabbi Yehoshua, this is difficult. Didn’t Rabbi Yehoshua say that one who erred with regard to a mitzva is exempt from bringing a sin-offering, i.e., one who unwittingly performed a transgression while intending to perform a mitzva is exempt from punishment? In the case in the mishna as well, the men intended to perform the mitzva of marriage but unwittingly violated a transgression because the wives were switched. Therefore, according to the opinion of Rabbi Yehoshua, they should be exempt from a sin-offering. Rather, this must be in accordance with the opinion of Rabbi Eliezer, who holds that even if one mistakenly transgressed while attempting to perform a mitzva, he is still obligated to bring a sin-offering.

אִיבָּעֵית אֵימָא: לְעוֹלָם אַלִּיבָּא דְּרַבִּי יְהוֹשֻׁעַ, כִּי קָאָמַר רַבִּי יְהוֹשֻׁעַ טָעָה בִּדְבַר מִצְוָה פָּטוּר, הָנֵי מִילֵּי גַּבֵּי תִּינוֹקוֹת — דִּזְמַנּוֹ בָּהוּל, אֲבָל הַאי, כֵּיוָן דְּאֵין זְמַנּוֹ בָּהוּל — לָא.

If you wish, resolve this differently and say: Actually, this can be explained even according to the opinion of Rabbi Yehoshua. When Rabbi Yehoshua says that one who erred with regard to a mitzva is exempt, this applies only to the case of babies who were mixed up in such a way that on Shabbat the mohel mistakenly circumcised a baby whose time had not yet come for circumcision. Since the mohel did not fulfill the mitzva of circumcision, he should be liable for performing prohibited labor on Shabbat. However, Rabbi Yehoshua exempts him from a sin-offering since he is pressed for time. Because circumcision must be performed only on the day specified, he was rushed and anxious to perform the circumcision, and due to this sense of urgency he erred and thought that the proper time was on Shabbat. In this case in the mishna, however, where the mistake involved marriage, since the brothers were not pressed for time Rabbi Yehoshua does not deem the brothers exempt.

וַהֲרֵי תְּרוּמָה, דְּאֵין זְמַנּוֹ בָּהוּל, וְקָפָטַר! דִּתְנַן: הָיָה אוֹכֵל בִּתְרוּמָה, וְנוֹדַע שֶׁהוּא בֶּן גְּרוּשָׁה אוֹ בֶּן חֲלוּצָה, רַבִּי אֱלִיעֶזֶר מְחַיֵּיב קֶרֶן וָחוֹמֶשׁ, וְרַבִּי יְהוֹשֻׁעַ פּוֹטֵר.

The Gemara objects: And yet in the case of eating teruma, where one is not pressed for time and nevertheless Rabbi Yehoshua exempts him if the act involved a mitzva, as we learned in a mishna (Pesaḥim 72b): If a priest was partaking of teruma and it became known that he was the son of a divorced woman or the son of a ḥalutza and thereby disqualified from the priesthood and prohibited from eating teruma, Rabbi Eliezer deems him liable to pay the value of the principal and an additional fifth, like any non-priest who unwittingly ate teruma. However, Rabbi Yehoshua exempts him because at the time of consumption he intended to perform a mitzva, for he thought that he was a priest eating of the teruma.

הָא אִיתְּמַר עֲלַהּ, אָמַר רַב בִּיבִי בַּר אַבָּיֵי: הָכָא בִּתְרוּמָה בְּעֶרֶב הַפֶּסַח עָסְקִינַן — דִּזְמַנָּהּ בָּהוּל.

The Gemara responds: But wasn’t it stated with regard to that mishna: Rav Beivai bar Abaye said: Here we are dealing with leavened teruma that was being eaten by the priest on the eve of Passover, for he is pressed for time. In this case, he would rush to eat it so that it would not have to be burned.

וְאִי בָּעֵית אֵימָא: בְּאִיסּוּר בַּת אַחַת, וְאַלִּיבָּא דְּרַבִּי שִׁמְעוֹן.

The Gemara offers a different attribution of the mishna: And if you wish, say a different explanation: The mishna is not according to the opinion of Rabbi Meir, who deems one liable in cases of more inclusive prohibitions and expanded prohibitions. Rather, the mishna is referring only to cases of simultaneous prohibitions, and in accordance with the opinion of Rabbi Shimon.

בִּשְׁלָמָא כּוּלְּהוּ מַשְׁכַּחַתְּ לְהוּ: דְּשַׁוִּינְהוּ שָׁלִיחַ, וְשַׁוּוֹ אִינְהוּ שָׁלִיחַ, וּפְגַע שָׁלִיחַ בְּשָׁלִיחַ. אֶלָּא נִדּוּת הֵיכִי מַשְׁכַּחַתְּ לַהּ?

The Gemara asks: Granted, with regard to all of the prohibitions in the mishna, you can find that they take effect simultaneously in the case where the men appointed a single agent to betroth the women for them, and the women appointed an agent to accept the betrothals for them, and one agent encounters the other agent. In this scenario, all the men become betrothed to all the women the moment that the agents meet, and the prohibitions all take effect simultaneously. However, with regard to the prohibition pertaining to menstruating women, how can you find the case where both women become menstruating women at the exact time of betrothal?

אָמַר רַב עַמְרָם אָמַר רַב: בְּשׁוֹפְעוֹת מִתּוֹךְ שְׁלֹשָׁה עָשָׂר לְאַחַר שְׁלֹשָׁה עָשָׂר — לְאִחַיּוֹבֵי אִינְהוּ, מִתּוֹךְ שְׁנֵים עָשָׂר לְאַחַר שְׁנֵים עָשָׂר — לְחַיּוֹבֵי אִינְהִי.

Rav Amram said that Rav said: This is referring to a situation where the women continuously discharge menstrual blood from within the thirteenth year of the brothers until after they reached the age of thirteen, in order to deem the men liable for the prohibition pertaining to a menstruating woman. At the moment that the boys reached maturity and the betrothals went into effect, the sisters were forbidden as menstruating women. And the women were continuously discharging blood from within the twelfth year of the women until after the age of twelve, in order to deem the women liable for engaging in relations as a menstruating woman. Therefore, if this took place in such a way that on the exact day when the men reached maturity, i.e., their thirteenth birthday, the women reached maturity, i.e., their twelfth birthday, and at that moment they were menstruating, then all of the prohibitions would take effect simultaneously and they would be liable on all counts, according to Rabbi Shimon as well.

מַפְרִישִׁים אוֹתָן. וְהָא אֵין אִשָּׁה מִתְעַבֶּרֶת בְּבִיאָה רִאשׁוֹנָה! אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: שֶׁבָּעֲלוּ וְשָׁנוּ. וְאֶלָּא הָא דְּתָנֵי רַבִּי חִיָּיא: הֲרֵי כָּאן שֵׁשׁ עֶשְׂרֵה חַטָּאוֹת, תְּלָתִין וְתַרְתֵּין הָוְיָין!

§ The mishna taught that we separate these women from their husbands for three months, as perhaps they became pregnant. The Gemara asks: But isn’t it known that a virgin woman does not become pregnant from her first sexual act? Rav Naḥman said that Rabba bar Avuh said: This is referring to a situation where they engaged in intercourse and then repeated the act, so that it is possible that the women were impregnated during the second act of intercourse. The Gemara asks: But if this is so, how can one explain that which Rabbi Ḥiyya teaches: Here, then, are sixteen sin-offerings? If there were indeed two acts of intercourse, then there should be thirty-two sin-offerings, since each prohibition was violated twice.

וְלִיטַעְמָיךְ — לְרַבִּי אֱלִיעֶזֶר, דִּמְחַיֵּיב עַל כׇּל כֹּחַ וָכֹחַ — טוּבָא הָוְיָין. אֶלָּא דִּבְכֹחַ רִאשׁוֹן קָחָשֵׁיב, הָכִי נָמֵי, דְּבִיאָה רִאשׁוֹנָה קָחָשֵׁיב.

The Gemara answers: And according to your reasoning, that Rabbi Ḥiyya’s enumeration of sin-offerings applies to all acts of intercourse, then according to the opinion of Rabbi Eliezer, who deems one liable to bring a sin-offering for each and every thrusting movement during a single act of intercourse, there would be many prohibitions that were violated. This would greatly multiply the number of sin-offerings required. Rather, it must be that Rabbi Ḥiyya, with regard to Rabbi Eliezer’s opinion, is enumerating only the first thrusting movement in the intercourse. And so too, with regard to the Rabbis’ opinion, he is enumerating only the first act of intercourse. If there were two acts of intercourse, however, the number of sin-offerings would be doubled.

אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן:

Rava said to Rav Naḥman:

וְהָא תָּמָר בְּבִיאָה רִאשׁוֹנָה אִיעַבַּרָא! אֲמַר לֵיהּ: תָּמָר בְּאֶצְבַּע מִעֲכָה. דְּאָמַר רַבִּי יִצְחָק: כׇּל מוֹעֹכוֹת שֶׁל בֵּית רַבִּי — תָּמָר שְׁמָן, וְלָמָּה נִקְרָא שְׁמָן תָּמָר — עַל שֵׁם תָּמָר שֶׁמִּעֲכָה בְּאֶצְבָּעָהּ. וְהָא הֲווֹ עֵר וְאוֹנָן! עֵר וְאוֹנָן שִׁמְּשׁוּ שֶׁלֹּא כְּדַרְכָּן.

But didn’t Tamar become pregnant from the first act of intercourse, despite the fact that she was a virgin at the time of her sexual act with Judah? Rav Naḥman said: Tamar broke her hymen with her finger prior to intercourse, and it is due to this that she became pregnant from the first act of intercourse, as Rabbi Yitzḥak said: All of those women from the household of Rabbi Yehuda HaNasi who break their hymens are named Tamar by nickname. And why are they named Tamar? They are called this on account of Tamar, who broke her hymen with her finger. The Gemara wonders about the proof from Tamar itself: But weren’t there Er and Onan, her previous husbands, who presumably engaged in sexual intercourse with her? The Gemara responds: Er and Onan engaged in sexual intercourse in an atypical manner, i.e., anal intercourse, and therefore she was still a virgin.

מֵיתִיבִי: כׇּל עֶשְׂרִים וְאַרְבָּעָה חֹדֶשׁ דָּשׁ מִבִּפְנִים וְזוֹרֶה מִבַּחוּץ, דִּבְרֵי רַבִּי אֱלִיעֶזֶר. אָמְרוּ לוֹ: הַלָּלוּ אֵינוֹ אֶלָּא כְּמַעֲשֵׂה עֵר וְאוֹנָן!

The Gemara raises an objection from a baraita: After a woman gives birth, her husband penetrates inside and spills his semen outside for the entire twenty-four months during which the baby is breastfeeding, so that his wife not become pregnant, as that would terminate her milk production and the child might die. This is the statement of Rabbi Eliezer. They said to him: These acts are nothing other than acts similar to those of Er and Onan, which are prohibited. Regardless, it can be deduced from here that Er and Onan engaged in normative sexual intercourse with Tamar, only they did not fully complete the sexual act.

כְּמַעֲשֵׂה עֵר וְאוֹנָן, וְלֹא כְּמַעֲשֵׂה עֵר וְאוֹנָן. כְּמַעֲשֵׂה עֵר וְאוֹנָן, דִּכְתִיב: ״וְהָיָה אִם בָּא אֶל אֵשֶׁת אָחִיו וְשִׁחֵת אַרְצָה״. וְלֹא כְּמַעֲשֵׂה עֵר וְאוֹנָן, דְּאִילּוּ הָתָם שֶׁלֹּא כְּדַרְכָּהּ, וְהָכָא כְּדַרְכָּהּ.

The Gemara answers: The Tosefta actually means that what they did was similar to the act of Er and Onan in some ways, but not similar to the act of Er and Onan in other ways. The Gemara elaborates: It was similar to the act of Er and Onan in that there was a spilling of semen, as it is written: “And it came to pass when he had intercourse with his brother’s wife, that he spilled it on the ground” (Genesis 38:9). Yet it was not similar to the act of Er and Onan, as there Er and Onan engaged in sexual intercourse in an atypical manner, i.e., anal intercourse, while here the Tosefta is referring to sexual intercourse in a typical manner.

בִּשְׁלָמָא אוֹנָן, דִּכְתִיב בֵּיהּ ״וְשִׁחֵת אַרְצָה״, אֶלָּא עֵר מְנָלַן? אָמַר רַב נַחְמָן בַּר יִצְחָק: דִּכְתִיב ״וַיָּמֶת גַּם אוֹתוֹ״, אַף הוּא בְּאוֹתָהּ מִיתָה מֵת. בִּשְׁלָמָא אוֹנָן, מִשּׁוּם ״לֹּא לוֹ יִהְיֶה הַזָּרַע״, אֶלָּא עֵר מַאי טַעְמָא עֲבַד הָכִי? כְּדֵי שֶׁלֹּא תִּתְעַבֵּר וְיַכְחִישׁ יָפְיָהּ.

The Gemara continues to clarify what took place: Granted, Onan engaged in unnatural sexual intercourse with her, as it is written with regard to his act: “That he spilled it on the ground” (Genesis 38:9). However, from where do we derive that Er engaged in unnatural sexual intercourse with her? Rav Naḥman bar Yitzḥak said: As it is written with regard to Onan: “And He slew him also” (Genesis 38:10). This indicates that he, too, died the same death for performing the same transgression as his brother. The Gemara asks: Granted, Onan engaged in anal intercourse because he did not want Tamar to give birth as “he knew that the seed would not be his” (Genesis 38:9). However, with regard to Er, what is the reason he acted in this way? The Gemara responds: He did so in order that she not become pregnant and become less beautiful as a result of her pregnancy.

תָּנוּ רַבָּנַן: ״אוֹתָהּ״, פְּרָט לְכַלָּה, דִּבְרֵי רַבִּי יְהוּדָה. וַחֲכָמִים אוֹמְרִים: פְּרָט לְשֶׁלֹּא כְּדַרְכָּהּ. אֲמַר לֵיהּ הוּן בְּרֵיהּ דְּרַב נַחְמָן לְרַב נַחְמָן: לֵימָא קָא סָבַר רַבִּי יְהוּדָה הַתּוֹרָה חָסָה עַל תַּכְשִׁיטֵי כַלָּה? אֲמַר לֵיהּ: לְפִי שֶׁאֵין אִשָּׁה מִתְעַבֶּרֶת מִבִּיאָה רִאשׁוֹנָה.

The Sages taught: The verse states: “And the woman, with whom a man shall lie giving seed, they shall both bathe themselves in water, and be unclean until the evening” (Leviticus 15:18). The extra term “with whom” comes to exclude a bride who does not become ritually impure; this is the statement of Rabbi Yehuda. And the Rabbis say: It excludes the case of sexual intercourse performed in an atypical manner. Hon, son of Rav Naḥman, said to Rav Naḥman: Shall we say that Rabbi Yehuda holds: The Torah spared a bride’s adornments, including her make-up, and therefore exempted her from submersion in water, as that might cause them ruin? Rav Naḥman said to him: That is not the reason. Rather, it is because a woman does not become pregnant from the first act of intercourse. Therefore, that act of intercourse would not cause ritual impurity, as it is not considered intercourse that can result in the implanting of seed.

בְּמַאי קָמִיפַּלְגִי — רַבָּנַן סָבְרִי: ״שִׁכְבַת זָרַע״, פְּרָט לְהַעֲרָאָה. ״אוֹתָהּ״, פְּרָט לְשֶׁלֹּא כְּדַרְכָּהּ. וְרַבִּי יְהוּדָה סָבַר: שֶׁלֹּא כְּדַרְכָּהּ וְהַעֲרָאָה מִ״שִּׁכְבַת זָרַע״ נָפְקָא. ״אוֹתָהּ״ — פְּרָט לְכַלָּה.

The Gemara asks: With regard to what do Rabbi Yehuda and the Rabbis disagree? The Rabbis hold that the phrase “giving seed” excludes the initial stage of intercourse, during which there is no emission of semen. And the extra phrase “with whom” excludes intercourse that is performed in an atypical way. Rabbi Yehuda, on the other hand, holds that the exclusion of both atypical sexual intercourse and the initial stage of intercourse were derived from the phrase “giving seed,” as neither of these are sexual acts that might bring about the birth of a seed, i.e., a child. The phrase “with whom” then excludes a bride.

כִּי אֲתָא רָבִין אָמַר רַבִּי יוֹחָנָן: כׇּל שֶׁשָּׁהֲתָה אַחַר בַּעֲלָהּ עֶשֶׂר שָׁנִים וְנִשֵּׂאת — שׁוּב אֵינָהּ יוֹלֶדֶת. אָמַר רַב נַחְמָן: לֹא שָׁנוּ אֶלָּא שֶׁאֵין דַּעְתָּהּ לְהִנָּשֵׂא, אֲבָל דַּעְתָּהּ לְהִנָּשֵׂא — מִתְעַבֶּרֶת. אֲמַר לֵיהּ רָבָא לְבַת רַב חִסְדָּא: קָא מְרַנְּנִי רַבָּנַן אַבָּתְרִיךָ! אֲמַרָה לֵיהּ: אֲנָא דַּעְתַּאי עֲלָךְ הֲוַאי.

On the topic of intercourse that cannot result in conception, the Gemara relates the following: When Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: Any woman who waits after her husband has died or divorced her for ten years without intercourse and is then married can no longer bear children. Rav Naḥman said: They taught this principle only with regard to cases where she did not intend to get married at a later time, but if she intended to get married at some point, she can become pregnant later on. Rava said to his wife, the daughter of Rav Ḥisda: The Sages are gossiping about you. From the time she was widowed from her first husband until the time that she was married to Rava, more than ten years passed, yet she bore him children. It seemed as though she had engaged in intercourse in the meantime. She said to him: My mind was on you. Indeed, it is told that already as a young girl she prophesized that she would marry Rava.

הָהִיא דַּאֲתַאי לְקַמֵּיהּ דְּרַב יוֹסֵף, אָמְרָה לוֹ: רַבִּי, (אֲנָא) [אֲנִי] שָׁהִיתִי אַחַר בַּעְלִי עֶשֶׂר שָׁנִים וְיָלַדְתִּי! אֲמַר לַהּ: בִּתִּי, אַל תּוֹצִיאִי לַעַז עַל דִּבְרֵי חֲכָמִים! אֲמַרָה לֵיהּ: לְגוֹי נִבְעַלְתִּי.

The Gemara relates: A certain woman who came before Rav Yosef said to him: My teacher, I waited after my husband’s death for ten years, and nevertheless I gave birth. He said to her: My daughter, do not cast aspersions on the statement of the Sages. She said to him in confession: I had sexual intercourse with a gentile during those ten years.

אָמַר שְׁמוּאֵל: וְכוּלָּן — צְרִיכוֹת לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים, חוּץ מִגִּיּוֹרֶת וּמְשׁוּחְרֶרֶת קְטַנָּה. אֲבָל קְטַנָּה בַּת יִשְׂרָאֵל צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים.

§ Shmuel said: And all of those women who had sexual intercourse, and there is therefore a concern that they might be pregnant, must wait three months before marrying so as to differentiate between a child born from the previous intercourse and a child born from this marriage, except for a female convert who is a minor and a female released slave who is a minor. Although it is possible that they had sexual intercourse, they cannot become pregnant in any case. However, a female Israelite who was a minor and had intercourse must wait three months like all other women.

וּבְמַאי? אִי בְּמֵיאוּן, וְהָאָמַר שְׁמוּאֵל דְּלָא בָּעֲיָא, וְאִי בְּגֵט — הָאַמְרַהּ שְׁמוּאֵל חֲדָא זִימְנָא? דְּאָמַר שְׁמוּאֵל: מֵיאֲנָה בּוֹ — אֵינָהּ צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים, נָתַן לָהּ גֵּט — צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים! אֶלָּא בִּזְנוּת,

The Gemara asks: And with regard to what situation is this statement referring? If it is referring to a minor who was released from her marriage by refusal, as a minor girl who was married to a man by her mother or brothers may refuse to remain married to her husband until reaching majority, but didn’t Shmuel say that she is not required to wait three months? And if it is referring to a woman who received a bill of divorce as a minor, didn’t Shmuel already state this halakha one time? Why would he repeat this ruling, as Shmuel said: A female minor who refused her husband need not wait three months before her second marriage, but if he gave her a bill of divorce, she must wait three months, so as not to make a distinction between an adult divorcée and a minor divorcée. Rather, it must be that this is referring to a female minor who was involved in licentious sexual intercourse.

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In January 2020, my teaching partner at IDC suggested we do daf yomi. Thanks to her challenge, I started learning daily from Rabbanit Michelle. It’s a joy to be part of the Hadran community. (It’s also a tikkun: in 7th grade, my best friend and I tied for first place in a citywide gemara exam, but we weren’t invited to the celebration because girls weren’t supposed to be learning gemara).

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Sara Averick

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I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

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Janice Block

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Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

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Nancy Kolodny

Newton, United States

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

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Dena Heller

New Jersey, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

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Marsha Wasserman

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I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

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Julie Mendelsohn

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When I was working and taking care of my children, learning was never on the list. Now that I have more time I have two different Gemora classes and the nach yomi as well as the mishna yomi daily.

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Shoshana Shinnar

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I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
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Dora Chana Haar

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I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

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Dianne Kuchar

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Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

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Susan Handelman

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I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .

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I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.

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When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.

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Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

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I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

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Anne Mirsky

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I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

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In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

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I started learning Talmud with R’ Haramati in Yeshivah of Flatbush. But after a respite of 60 years, Rabbanit Michelle lit my fire – after attending the last three world siyumim in Miami Beach, Meadowlands and Boca Raton, and now that I’m retired, I decided – “I can do this!” It has been an incredible journey so far, and I look forward to learning Daf everyday – Mazal Tov to everyone!

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About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
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Nickie Matthews

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I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

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Yafit Fishbach

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Yevamot 34

וּמַאן הַאי תַּנָּא דְּאִית לֵיהּ אִיסּוּר כּוֹלֵל וְאִיסּוּר מוֹסִיף וְאִיסּוּר בַּת אַחַת?

The Gemara asks: According to Rabbi Ḥiyya, who teaches that this case incurs sixteen sin-offerings, who is this tanna who holds that a prohibition takes effect where another prohibition already exists for a more inclusive prohibition, an expanded prohibition, and a simultaneous prohibition? If these men are brothers, the moment that one betrothed a woman, that woman was immediately rendered forbidden to the second brother both as a married woman and as his brother’s wife. When the second brother betrothed her sister, this added the prohibition pertaining to his wife’s sister. This is a more inclusive prohibition because, as a result of this betrothal, the second brother is prohibited from engaging in sexual intercourse not only with his wife’s sister, who is his brother’s wife, but also with all of her other sisters. When this woman becomes a menstruating woman, she is forbidden to her husband as well, which is an expanded prohibition. Consequently, the mishna includes examples of all three types of prohibitions and asserts that they all take effect in this case. Therefore, the Gemara wonders which tanna holds that in each of these cases the prohibition takes effect even where another prohibition exists.

אָמַר רַב יְהוּדָה אָמַר רַב: רַבִּי מֵאִיר הִיא. דְּתַנְיָא: יֵשׁ אוֹכֵל אֲכִילָה אַחַת וְחַיָּיב עָלֶיהָ אַרְבַּע חַטָּאוֹת וְאָשָׁם אֶחָד.

Rav Yehuda said that Rav said: This is the opinion of Rabbi Meir, as it is taught in a baraita: There is one who performs a single act of eating an olive-bulk of food, and he is liable to bring four sin-offerings and one guilt-offering.

טָמֵא שֶׁאָכַל חֵלֶב, וְהוּא נוֹתָר מִן מוּקְדָּשִׁין, בְּיוֹם הַכִּפּוּרִים.

How so? This halakha applies to one who is ritually impure who ate forbidden fat that was notar from a consecrated offering, i.e., it remained after the time when it was permitted to eat it, and this occurred on Yom Kippur. One who did this is liable to bring one sin offering for eating consecrated food while impure, one for eating forbidden fat, one for eating notar, and one for eating on Yom Kippur. He is also liable to bring a guilt-offering for misuse of consecrated items. In this case, it was prohibited to eat the fat from the moment the animal was born. When the animal was consecrated, the prohibition against deriving benefit from it took effect on the entire animal, rendering this an expanded prohibition. When the priest became ritually impure and thereby prohibited from partaking of all sanctified foods, a more inclusive prohibition took effect. The moment the fat was rendered notar, it became prohibited to offer it on the altar as well, so that that is another instance of an expanded prohibition. Lastly, on Yom Kippur, an additional, more inclusive prohibition took effect because on Yom Kippur it is prohibited to eat all food, even that which is not consecrated.

רַבִּי מֵאִיר אוֹמֵר: אִם הָיְתָה שַׁבָּת וְהוֹצִיאוֹ בְּפִיו — חַיָּיב. אָמְרוּ לוֹ: אֵינוֹ מִן הַשֵּׁם.

Rabbi Meir says: There is one more sin-offering for which he may be liable. If it was Shabbat and he carried this olive-bulk of food from one domain to another in his mouth, he is liable for carrying out on Shabbat. The Rabbis said to Rabbi Meir: Liability for the sin-offering that you added is not incurred from violation of the same type of prohibition. He is liable for carrying out the food, not for eating it. In this example, the prohibitions of Shabbat and Yom Kippur take effect at the same moment, and therefore this last case would be an instance of simultaneous prohibitions, and Rabbi Meir holds that they take effect as well. Therefore, this baraita demonstrates that Rabbi Meir holds that prohibitions take effect where other prohibitions already exist in all of these instances: More inclusive prohibitions, expanded prohibitions, and simultaneous prohibitions.

וְרַבִּי מֵאִיר אַלִּיבָּא דְּמַאן? אִי אַלִּיבָּא דְּרַבִּי יְהוֹשֻׁעַ, הָאָמַר: טָעָה בִּדְבַר מִצְוָה — פָּטוּר. אֶלָּא אַלִּיבָּא דְּרַבִּי אֱלִיעֶזֶר.

The Gemara continues to clarify the opinion of Rabbi Meir: And in accordance with whose opinion is the statement of Rabbi Meir? If you say that it is in accordance with the opinion of Rabbi Yehoshua, this is difficult. Didn’t Rabbi Yehoshua say that one who erred with regard to a mitzva is exempt from bringing a sin-offering, i.e., one who unwittingly performed a transgression while intending to perform a mitzva is exempt from punishment? In the case in the mishna as well, the men intended to perform the mitzva of marriage but unwittingly violated a transgression because the wives were switched. Therefore, according to the opinion of Rabbi Yehoshua, they should be exempt from a sin-offering. Rather, this must be in accordance with the opinion of Rabbi Eliezer, who holds that even if one mistakenly transgressed while attempting to perform a mitzva, he is still obligated to bring a sin-offering.

אִיבָּעֵית אֵימָא: לְעוֹלָם אַלִּיבָּא דְּרַבִּי יְהוֹשֻׁעַ, כִּי קָאָמַר רַבִּי יְהוֹשֻׁעַ טָעָה בִּדְבַר מִצְוָה פָּטוּר, הָנֵי מִילֵּי גַּבֵּי תִּינוֹקוֹת — דִּזְמַנּוֹ בָּהוּל, אֲבָל הַאי, כֵּיוָן דְּאֵין זְמַנּוֹ בָּהוּל — לָא.

If you wish, resolve this differently and say: Actually, this can be explained even according to the opinion of Rabbi Yehoshua. When Rabbi Yehoshua says that one who erred with regard to a mitzva is exempt, this applies only to the case of babies who were mixed up in such a way that on Shabbat the mohel mistakenly circumcised a baby whose time had not yet come for circumcision. Since the mohel did not fulfill the mitzva of circumcision, he should be liable for performing prohibited labor on Shabbat. However, Rabbi Yehoshua exempts him from a sin-offering since he is pressed for time. Because circumcision must be performed only on the day specified, he was rushed and anxious to perform the circumcision, and due to this sense of urgency he erred and thought that the proper time was on Shabbat. In this case in the mishna, however, where the mistake involved marriage, since the brothers were not pressed for time Rabbi Yehoshua does not deem the brothers exempt.

וַהֲרֵי תְּרוּמָה, דְּאֵין זְמַנּוֹ בָּהוּל, וְקָפָטַר! דִּתְנַן: הָיָה אוֹכֵל בִּתְרוּמָה, וְנוֹדַע שֶׁהוּא בֶּן גְּרוּשָׁה אוֹ בֶּן חֲלוּצָה, רַבִּי אֱלִיעֶזֶר מְחַיֵּיב קֶרֶן וָחוֹמֶשׁ, וְרַבִּי יְהוֹשֻׁעַ פּוֹטֵר.

The Gemara objects: And yet in the case of eating teruma, where one is not pressed for time and nevertheless Rabbi Yehoshua exempts him if the act involved a mitzva, as we learned in a mishna (Pesaḥim 72b): If a priest was partaking of teruma and it became known that he was the son of a divorced woman or the son of a ḥalutza and thereby disqualified from the priesthood and prohibited from eating teruma, Rabbi Eliezer deems him liable to pay the value of the principal and an additional fifth, like any non-priest who unwittingly ate teruma. However, Rabbi Yehoshua exempts him because at the time of consumption he intended to perform a mitzva, for he thought that he was a priest eating of the teruma.

הָא אִיתְּמַר עֲלַהּ, אָמַר רַב בִּיבִי בַּר אַבָּיֵי: הָכָא בִּתְרוּמָה בְּעֶרֶב הַפֶּסַח עָסְקִינַן — דִּזְמַנָּהּ בָּהוּל.

The Gemara responds: But wasn’t it stated with regard to that mishna: Rav Beivai bar Abaye said: Here we are dealing with leavened teruma that was being eaten by the priest on the eve of Passover, for he is pressed for time. In this case, he would rush to eat it so that it would not have to be burned.

וְאִי בָּעֵית אֵימָא: בְּאִיסּוּר בַּת אַחַת, וְאַלִּיבָּא דְּרַבִּי שִׁמְעוֹן.

The Gemara offers a different attribution of the mishna: And if you wish, say a different explanation: The mishna is not according to the opinion of Rabbi Meir, who deems one liable in cases of more inclusive prohibitions and expanded prohibitions. Rather, the mishna is referring only to cases of simultaneous prohibitions, and in accordance with the opinion of Rabbi Shimon.

בִּשְׁלָמָא כּוּלְּהוּ מַשְׁכַּחַתְּ לְהוּ: דְּשַׁוִּינְהוּ שָׁלִיחַ, וְשַׁוּוֹ אִינְהוּ שָׁלִיחַ, וּפְגַע שָׁלִיחַ בְּשָׁלִיחַ. אֶלָּא נִדּוּת הֵיכִי מַשְׁכַּחַתְּ לַהּ?

The Gemara asks: Granted, with regard to all of the prohibitions in the mishna, you can find that they take effect simultaneously in the case where the men appointed a single agent to betroth the women for them, and the women appointed an agent to accept the betrothals for them, and one agent encounters the other agent. In this scenario, all the men become betrothed to all the women the moment that the agents meet, and the prohibitions all take effect simultaneously. However, with regard to the prohibition pertaining to menstruating women, how can you find the case where both women become menstruating women at the exact time of betrothal?

אָמַר רַב עַמְרָם אָמַר רַב: בְּשׁוֹפְעוֹת מִתּוֹךְ שְׁלֹשָׁה עָשָׂר לְאַחַר שְׁלֹשָׁה עָשָׂר — לְאִחַיּוֹבֵי אִינְהוּ, מִתּוֹךְ שְׁנֵים עָשָׂר לְאַחַר שְׁנֵים עָשָׂר — לְחַיּוֹבֵי אִינְהִי.

Rav Amram said that Rav said: This is referring to a situation where the women continuously discharge menstrual blood from within the thirteenth year of the brothers until after they reached the age of thirteen, in order to deem the men liable for the prohibition pertaining to a menstruating woman. At the moment that the boys reached maturity and the betrothals went into effect, the sisters were forbidden as menstruating women. And the women were continuously discharging blood from within the twelfth year of the women until after the age of twelve, in order to deem the women liable for engaging in relations as a menstruating woman. Therefore, if this took place in such a way that on the exact day when the men reached maturity, i.e., their thirteenth birthday, the women reached maturity, i.e., their twelfth birthday, and at that moment they were menstruating, then all of the prohibitions would take effect simultaneously and they would be liable on all counts, according to Rabbi Shimon as well.

מַפְרִישִׁים אוֹתָן. וְהָא אֵין אִשָּׁה מִתְעַבֶּרֶת בְּבִיאָה רִאשׁוֹנָה! אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: שֶׁבָּעֲלוּ וְשָׁנוּ. וְאֶלָּא הָא דְּתָנֵי רַבִּי חִיָּיא: הֲרֵי כָּאן שֵׁשׁ עֶשְׂרֵה חַטָּאוֹת, תְּלָתִין וְתַרְתֵּין הָוְיָין!

§ The mishna taught that we separate these women from their husbands for three months, as perhaps they became pregnant. The Gemara asks: But isn’t it known that a virgin woman does not become pregnant from her first sexual act? Rav Naḥman said that Rabba bar Avuh said: This is referring to a situation where they engaged in intercourse and then repeated the act, so that it is possible that the women were impregnated during the second act of intercourse. The Gemara asks: But if this is so, how can one explain that which Rabbi Ḥiyya teaches: Here, then, are sixteen sin-offerings? If there were indeed two acts of intercourse, then there should be thirty-two sin-offerings, since each prohibition was violated twice.

וְלִיטַעְמָיךְ — לְרַבִּי אֱלִיעֶזֶר, דִּמְחַיֵּיב עַל כׇּל כֹּחַ וָכֹחַ — טוּבָא הָוְיָין. אֶלָּא דִּבְכֹחַ רִאשׁוֹן קָחָשֵׁיב, הָכִי נָמֵי, דְּבִיאָה רִאשׁוֹנָה קָחָשֵׁיב.

The Gemara answers: And according to your reasoning, that Rabbi Ḥiyya’s enumeration of sin-offerings applies to all acts of intercourse, then according to the opinion of Rabbi Eliezer, who deems one liable to bring a sin-offering for each and every thrusting movement during a single act of intercourse, there would be many prohibitions that were violated. This would greatly multiply the number of sin-offerings required. Rather, it must be that Rabbi Ḥiyya, with regard to Rabbi Eliezer’s opinion, is enumerating only the first thrusting movement in the intercourse. And so too, with regard to the Rabbis’ opinion, he is enumerating only the first act of intercourse. If there were two acts of intercourse, however, the number of sin-offerings would be doubled.

אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן:

Rava said to Rav Naḥman:

וְהָא תָּמָר בְּבִיאָה רִאשׁוֹנָה אִיעַבַּרָא! אֲמַר לֵיהּ: תָּמָר בְּאֶצְבַּע מִעֲכָה. דְּאָמַר רַבִּי יִצְחָק: כׇּל מוֹעֹכוֹת שֶׁל בֵּית רַבִּי — תָּמָר שְׁמָן, וְלָמָּה נִקְרָא שְׁמָן תָּמָר — עַל שֵׁם תָּמָר שֶׁמִּעֲכָה בְּאֶצְבָּעָהּ. וְהָא הֲווֹ עֵר וְאוֹנָן! עֵר וְאוֹנָן שִׁמְּשׁוּ שֶׁלֹּא כְּדַרְכָּן.

But didn’t Tamar become pregnant from the first act of intercourse, despite the fact that she was a virgin at the time of her sexual act with Judah? Rav Naḥman said: Tamar broke her hymen with her finger prior to intercourse, and it is due to this that she became pregnant from the first act of intercourse, as Rabbi Yitzḥak said: All of those women from the household of Rabbi Yehuda HaNasi who break their hymens are named Tamar by nickname. And why are they named Tamar? They are called this on account of Tamar, who broke her hymen with her finger. The Gemara wonders about the proof from Tamar itself: But weren’t there Er and Onan, her previous husbands, who presumably engaged in sexual intercourse with her? The Gemara responds: Er and Onan engaged in sexual intercourse in an atypical manner, i.e., anal intercourse, and therefore she was still a virgin.

מֵיתִיבִי: כׇּל עֶשְׂרִים וְאַרְבָּעָה חֹדֶשׁ דָּשׁ מִבִּפְנִים וְזוֹרֶה מִבַּחוּץ, דִּבְרֵי רַבִּי אֱלִיעֶזֶר. אָמְרוּ לוֹ: הַלָּלוּ אֵינוֹ אֶלָּא כְּמַעֲשֵׂה עֵר וְאוֹנָן!

The Gemara raises an objection from a baraita: After a woman gives birth, her husband penetrates inside and spills his semen outside for the entire twenty-four months during which the baby is breastfeeding, so that his wife not become pregnant, as that would terminate her milk production and the child might die. This is the statement of Rabbi Eliezer. They said to him: These acts are nothing other than acts similar to those of Er and Onan, which are prohibited. Regardless, it can be deduced from here that Er and Onan engaged in normative sexual intercourse with Tamar, only they did not fully complete the sexual act.

כְּמַעֲשֵׂה עֵר וְאוֹנָן, וְלֹא כְּמַעֲשֵׂה עֵר וְאוֹנָן. כְּמַעֲשֵׂה עֵר וְאוֹנָן, דִּכְתִיב: ״וְהָיָה אִם בָּא אֶל אֵשֶׁת אָחִיו וְשִׁחֵת אַרְצָה״. וְלֹא כְּמַעֲשֵׂה עֵר וְאוֹנָן, דְּאִילּוּ הָתָם שֶׁלֹּא כְּדַרְכָּהּ, וְהָכָא כְּדַרְכָּהּ.

The Gemara answers: The Tosefta actually means that what they did was similar to the act of Er and Onan in some ways, but not similar to the act of Er and Onan in other ways. The Gemara elaborates: It was similar to the act of Er and Onan in that there was a spilling of semen, as it is written: “And it came to pass when he had intercourse with his brother’s wife, that he spilled it on the ground” (Genesis 38:9). Yet it was not similar to the act of Er and Onan, as there Er and Onan engaged in sexual intercourse in an atypical manner, i.e., anal intercourse, while here the Tosefta is referring to sexual intercourse in a typical manner.

בִּשְׁלָמָא אוֹנָן, דִּכְתִיב בֵּיהּ ״וְשִׁחֵת אַרְצָה״, אֶלָּא עֵר מְנָלַן? אָמַר רַב נַחְמָן בַּר יִצְחָק: דִּכְתִיב ״וַיָּמֶת גַּם אוֹתוֹ״, אַף הוּא בְּאוֹתָהּ מִיתָה מֵת. בִּשְׁלָמָא אוֹנָן, מִשּׁוּם ״לֹּא לוֹ יִהְיֶה הַזָּרַע״, אֶלָּא עֵר מַאי טַעְמָא עֲבַד הָכִי? כְּדֵי שֶׁלֹּא תִּתְעַבֵּר וְיַכְחִישׁ יָפְיָהּ.

The Gemara continues to clarify what took place: Granted, Onan engaged in unnatural sexual intercourse with her, as it is written with regard to his act: “That he spilled it on the ground” (Genesis 38:9). However, from where do we derive that Er engaged in unnatural sexual intercourse with her? Rav Naḥman bar Yitzḥak said: As it is written with regard to Onan: “And He slew him also” (Genesis 38:10). This indicates that he, too, died the same death for performing the same transgression as his brother. The Gemara asks: Granted, Onan engaged in anal intercourse because he did not want Tamar to give birth as “he knew that the seed would not be his” (Genesis 38:9). However, with regard to Er, what is the reason he acted in this way? The Gemara responds: He did so in order that she not become pregnant and become less beautiful as a result of her pregnancy.

תָּנוּ רַבָּנַן: ״אוֹתָהּ״, פְּרָט לְכַלָּה, דִּבְרֵי רַבִּי יְהוּדָה. וַחֲכָמִים אוֹמְרִים: פְּרָט לְשֶׁלֹּא כְּדַרְכָּהּ. אֲמַר לֵיהּ הוּן בְּרֵיהּ דְּרַב נַחְמָן לְרַב נַחְמָן: לֵימָא קָא סָבַר רַבִּי יְהוּדָה הַתּוֹרָה חָסָה עַל תַּכְשִׁיטֵי כַלָּה? אֲמַר לֵיהּ: לְפִי שֶׁאֵין אִשָּׁה מִתְעַבֶּרֶת מִבִּיאָה רִאשׁוֹנָה.

The Sages taught: The verse states: “And the woman, with whom a man shall lie giving seed, they shall both bathe themselves in water, and be unclean until the evening” (Leviticus 15:18). The extra term “with whom” comes to exclude a bride who does not become ritually impure; this is the statement of Rabbi Yehuda. And the Rabbis say: It excludes the case of sexual intercourse performed in an atypical manner. Hon, son of Rav Naḥman, said to Rav Naḥman: Shall we say that Rabbi Yehuda holds: The Torah spared a bride’s adornments, including her make-up, and therefore exempted her from submersion in water, as that might cause them ruin? Rav Naḥman said to him: That is not the reason. Rather, it is because a woman does not become pregnant from the first act of intercourse. Therefore, that act of intercourse would not cause ritual impurity, as it is not considered intercourse that can result in the implanting of seed.

בְּמַאי קָמִיפַּלְגִי — רַבָּנַן סָבְרִי: ״שִׁכְבַת זָרַע״, פְּרָט לְהַעֲרָאָה. ״אוֹתָהּ״, פְּרָט לְשֶׁלֹּא כְּדַרְכָּהּ. וְרַבִּי יְהוּדָה סָבַר: שֶׁלֹּא כְּדַרְכָּהּ וְהַעֲרָאָה מִ״שִּׁכְבַת זָרַע״ נָפְקָא. ״אוֹתָהּ״ — פְּרָט לְכַלָּה.

The Gemara asks: With regard to what do Rabbi Yehuda and the Rabbis disagree? The Rabbis hold that the phrase “giving seed” excludes the initial stage of intercourse, during which there is no emission of semen. And the extra phrase “with whom” excludes intercourse that is performed in an atypical way. Rabbi Yehuda, on the other hand, holds that the exclusion of both atypical sexual intercourse and the initial stage of intercourse were derived from the phrase “giving seed,” as neither of these are sexual acts that might bring about the birth of a seed, i.e., a child. The phrase “with whom” then excludes a bride.

כִּי אֲתָא רָבִין אָמַר רַבִּי יוֹחָנָן: כׇּל שֶׁשָּׁהֲתָה אַחַר בַּעֲלָהּ עֶשֶׂר שָׁנִים וְנִשֵּׂאת — שׁוּב אֵינָהּ יוֹלֶדֶת. אָמַר רַב נַחְמָן: לֹא שָׁנוּ אֶלָּא שֶׁאֵין דַּעְתָּהּ לְהִנָּשֵׂא, אֲבָל דַּעְתָּהּ לְהִנָּשֵׂא — מִתְעַבֶּרֶת. אֲמַר לֵיהּ רָבָא לְבַת רַב חִסְדָּא: קָא מְרַנְּנִי רַבָּנַן אַבָּתְרִיךָ! אֲמַרָה לֵיהּ: אֲנָא דַּעְתַּאי עֲלָךְ הֲוַאי.

On the topic of intercourse that cannot result in conception, the Gemara relates the following: When Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: Any woman who waits after her husband has died or divorced her for ten years without intercourse and is then married can no longer bear children. Rav Naḥman said: They taught this principle only with regard to cases where she did not intend to get married at a later time, but if she intended to get married at some point, she can become pregnant later on. Rava said to his wife, the daughter of Rav Ḥisda: The Sages are gossiping about you. From the time she was widowed from her first husband until the time that she was married to Rava, more than ten years passed, yet she bore him children. It seemed as though she had engaged in intercourse in the meantime. She said to him: My mind was on you. Indeed, it is told that already as a young girl she prophesized that she would marry Rava.

הָהִיא דַּאֲתַאי לְקַמֵּיהּ דְּרַב יוֹסֵף, אָמְרָה לוֹ: רַבִּי, (אֲנָא) [אֲנִי] שָׁהִיתִי אַחַר בַּעְלִי עֶשֶׂר שָׁנִים וְיָלַדְתִּי! אֲמַר לַהּ: בִּתִּי, אַל תּוֹצִיאִי לַעַז עַל דִּבְרֵי חֲכָמִים! אֲמַרָה לֵיהּ: לְגוֹי נִבְעַלְתִּי.

The Gemara relates: A certain woman who came before Rav Yosef said to him: My teacher, I waited after my husband’s death for ten years, and nevertheless I gave birth. He said to her: My daughter, do not cast aspersions on the statement of the Sages. She said to him in confession: I had sexual intercourse with a gentile during those ten years.

אָמַר שְׁמוּאֵל: וְכוּלָּן — צְרִיכוֹת לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים, חוּץ מִגִּיּוֹרֶת וּמְשׁוּחְרֶרֶת קְטַנָּה. אֲבָל קְטַנָּה בַּת יִשְׂרָאֵל צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים.

§ Shmuel said: And all of those women who had sexual intercourse, and there is therefore a concern that they might be pregnant, must wait three months before marrying so as to differentiate between a child born from the previous intercourse and a child born from this marriage, except for a female convert who is a minor and a female released slave who is a minor. Although it is possible that they had sexual intercourse, they cannot become pregnant in any case. However, a female Israelite who was a minor and had intercourse must wait three months like all other women.

וּבְמַאי? אִי בְּמֵיאוּן, וְהָאָמַר שְׁמוּאֵל דְּלָא בָּעֲיָא, וְאִי בְּגֵט — הָאַמְרַהּ שְׁמוּאֵל חֲדָא זִימְנָא? דְּאָמַר שְׁמוּאֵל: מֵיאֲנָה בּוֹ — אֵינָהּ צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים, נָתַן לָהּ גֵּט — צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים! אֶלָּא בִּזְנוּת,

The Gemara asks: And with regard to what situation is this statement referring? If it is referring to a minor who was released from her marriage by refusal, as a minor girl who was married to a man by her mother or brothers may refuse to remain married to her husband until reaching majority, but didn’t Shmuel say that she is not required to wait three months? And if it is referring to a woman who received a bill of divorce as a minor, didn’t Shmuel already state this halakha one time? Why would he repeat this ruling, as Shmuel said: A female minor who refused her husband need not wait three months before her second marriage, but if he gave her a bill of divorce, she must wait three months, so as not to make a distinction between an adult divorcée and a minor divorcée. Rather, it must be that this is referring to a female minor who was involved in licentious sexual intercourse.

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