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Today's Daf Yomi

June 12, 2022 | ื™ืดื’ ื‘ืกื™ื•ืŸ ืชืฉืคืดื‘

  • This month's learningย is sponsored by Leah Goldford in loving memory ofย her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Batย Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

Yevamot 97

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This week’s learning is sponsored by Robert and Paula Cohen in loving memory of Helen Cohen, Hennah bat Yitchak Nechemia.

This weekโ€™s learning is sponsored by Shalom and Tina Lamm to commemorate the 2nd yahrzeit of their beloved father and father-in-law, Rabbi Dr. Norman Lamm, zecher tzadik lโ€™vracha, Harav Nachum ben Meir Shmuel vโ€™Perel.ย  โ€œWe are grateful to Hashem ย that our family was finally zocheh to fulfill your final wish and bring you and our wonderful matriarch, Mrs. Mindy Lamm, aโ€™h, home to artzeinu hakedosha.โ€

Today’s daf is sponsored by Moshe and Nitzan Shiloni for the refuah shleima of Chanoch ben Sara.

Why was Rabbi Yochanan so upset at Rabbi Elazar when he didn’t quote the halacha in Rabbi Yochanan’s name? There is a debate regarding the relatives of a woman who engaged in relations with a man out of wedlock – is she forbidden to his son? All agree that she is permitted to his father. The Gemara brings several riddles regarding hypothetical cases of people who are related to each other in a number of different ways. Are brothers who converted obligated in yibum for each other’s wives? Are regular laws of forbidden relationships applicable to them, i.e. can they marry each other’s wives if their brother died/divorced her?

ืฉื™ืืžืจื• ื“ื‘ืจ ืฉืžื•ืขื” ืžืคื™ ื‘ืขื•ืœื ื”ื–ื” ื“ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืฉื•ื ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื™ื•ื—ื™ ื›ืœ ืชืœืžื™ื“ ื—ื›ื ืฉืื•ืžืจื™ื ื“ื‘ืจ ืฉืžื•ืขื” ืžืคื™ื• ื‘ืขื•ืœื ื”ื–ื” ืฉืคืชื•ืชื™ื• ื“ื•ื‘ื‘ื•ืช ื‘ืงื‘ืจ ืืžืจ ืจื‘ื™ ื™ืฆื—ืง ื‘ืŸ ื–ืขื™ืจื ื•ืื™ืชื™ืžื ืฉืžืขื•ืŸ ื ื–ื™ืจื ืžืื™ ืงืจืื” ื•ื—ื›ืš ื›ื™ื™ืŸ ื”ื˜ื•ื‘ ื”ื•ืœืš ืœื“ื•ื“ื™ ืœืžื™ืฉืจื™ื ื“ื•ื‘ื‘ ืฉืคืชื™ ื™ืฉื ื™ื


that they will say a matter of halakha in my name in this world when I have passed on to another world. As Rabbi Yoแธฅanan said in the name of Rabbi Shimon ben Yoแธฅai: With regard to any Torah scholar in whose name a matter of halakha is said in this world, his lips mouth the words in the grave, as though he is talking. Rabbi Yitzแธฅak ben Zeโ€™eira said, and some say this was stated by Shimon the Nazirite: What is the verse from which it is derived? โ€œAnd the roof of your mouth is like the best wine that glides down smoothly for my beloved, moving gently the lips of those who are asleepโ€ (Song of Songs 7:10).


ื›ื›ื•ืžืจ ืฉืœ ืขื ื‘ื™ื ืžื” ื›ื•ืžืจ ืฉืœ ืขื ื‘ื™ื ื›ื™ื•ืŸ ืฉืžื ื™ื— ืื“ื ืืฆื‘ืขื• ืขืœื™ื• ืžื™ื“ ื“ื•ื‘ื‘ ืืฃ ืชืœืžื™ื“ื™ ื—ื›ืžื™ื ื›ื™ื•ืŸ ืฉืื•ืžืจื™ื ื“ื‘ืจ ืฉืžื•ืขื” ืžืคื™ื”ื ื‘ืขื•ื”ืดื– ืฉืคืชื•ืชื™ื”ื ื“ื•ื‘ื‘ื•ืช ื‘ืงื‘ืจ:


He explains: This is like a pile [komer] of grapes left to warm before they are pressed: Just as in the case of a pile of grapes, when a person places his finger on it, immediately it moves, as the wine bursts through and the whole pile shakes, so too with Torah scholars: When a teaching is said in their name in this world their lips mouth the words in the grave. For this reason Rabbi Yoแธฅanan wanted his Torah statements to be attributed to him, so that he would earn eternal life.


ืื—ื“ ื‘ืŸ ืชืฉืข ืฉื ื™ื ื•ื›ื•ืณ: ื•ืจืžื™ื ื”ื• ื‘ืŸ ืขืฉืจื™ื ืฉื ื” ืฉืœื ื”ื‘ื™ื ืฉืชื™ ืฉืขืจื•ืช ื™ื‘ื™ืื• ืจืื™ื” ืฉื”ื•ื ื‘ืŸ ืขืฉืจื™ื ื•ื”ื•ื ื”ืกืจื™ืก ืœื ื—ื•ืœืฅ ื•ืœื ืžื™ื™ื‘ื


ยง The Gemara addresses the statement of the mishna that this is the halakha both for a boy who is nine years and one day old as well as a twenty-year old who has not developed two pubic hairs. In both cases, their sexual relations are not considered proper intercourse with regard to levirate marriage. And the Gemara raises a contradiction against this from the following source: With regard to a man twenty years old who has not developed two pubic hairs, they must bring proof that he is twenty years old, and he is established as a eunuch, who may neither perform แธฅalitza nor perform levirate marriage.


ื‘ืช ืขืฉืจื™ื ืฉื ื” ืฉืœื ื”ื‘ื™ืื” ืฉืชื™ ืฉืขืจื•ืช ื™ื‘ื™ืื• ืจืื™ื” ืฉื”ื™ื ื‘ืช ืขืฉืจื™ื ื•ื”ื™ื ื”ืื™ืœื•ื ื™ืช ืœื ื—ื•ืœืฆืช ื•ืœื ืžืชื™ื™ื‘ืžืช


Likewise, in the case of a woman who is twenty years old and has not developed two pubic hairs, they must bring proof that she is twenty years old, and that she is a sexually underdeveloped woman, who may neither perform แธฅalitza nor enter into levirate marriage. This shows that the status of a nine-year-old male and a twenty-year old man without pubic hairs are not the same, as the intercourse of a nine-year-old is considered of some significance, whereas that of a eunuch is entirely disregarded, as he may not even perform แธฅalitza.


ื”ื ืืชืžืจ ืขืœื” ืืžืจ ืจื‘ ืฉืžื•ืืœ ื‘ืจ ื™ืฆื—ืง ืืžืจ ืจื‘ ื•ื”ื•ื ืฉื ื•ืœื“ื• ืœื• ืกื™ืžื ื™ ืกืจื™ืก ืืžืจ ืจื‘ื ื“ื™ืงื ื ืžื™ ื“ืงืชื ื™ ื•ื”ื•ื ื”ืกืจื™ืก ืฉืžืข ืžื™ื ื”


The Gemara answers: Wasnโ€™t it stated with regard to this baraita that Rav Shmuel bar Yitzแธฅak said that Rav said: And this halakha applies only if he developed other signs of a eunuch by the age of twenty. The mishna, by contrast, is referring to one who merely showed the signs of maturity at a late age. Rava said: The language of the baraita is also precise, as it teaches: And he is the eunuch. One can learn from here that this is referring to one who is definitely a eunuch.


ื•ื›ื™ ืœื ื ื•ืœื“ื• ืœื• ืกื™ืžื ื™ ืกืจื™ืก ืขื“ ื›ืžื” ืชื ื™ ื“ื‘ื™ ืจื‘ื™ ื—ื™ื™ื ืขื“ ืจื•ื‘ ืฉื ื•ืชื™ื•


The Gemara asks a question with regard to the halakha itself: And in a case where he does not develop the signs of a eunuch, until what age is he considered a minor? The school of Rabbi แธคiyya taught: Until most of his years have passed, i.e., until he reaches the age of thirty-five, i.e., halfway to seventy, the standard length of a manโ€™s life.


ื›ื™ ืืชื• ืœืงืžื™ื” ื“ืจื‘ื ืื™ ื›ื—ื•ืฉ ืืžืจ ืœื”ื• ื–ื™ืœื• ืื‘ืจื™ื•ื”ื• ื•ืื™ ื‘ืจื™ื ืืžืจ ืœื”ื• ื–ื™ืœื• ืื›ื—ืฉื•ื”ื• ื“ื”ื ื™ ืกื™ืžื ื™ืŸ ื–ืžื ื™ืŸ ื“ื ืชืจื™ ืžื—ืžืช ื›ื—ื™ืฉื•ืชื ื•ื–ืžื ื™ืŸ ื“ื ืชืจื™ ืžื—ืžืช ื‘ืจื™ื•ืชื:


On the same issue, the Gemara relates: When they would come before Rava to inquire about someone who had reached the age of maturity but had not yet developed the physical signs, if the person in question was thin, he would say to them: Go and fatten him up before we decide on his status. And if he was fat, he would say to them: Go and make him thin. As these signs, the pubic hairs of maturity, sometimes they fall off due to thinness and sometimes they fall off due to fatness. It is therefore possible that after his bodily shape is adjusted he will develop the signs of maturity and will not have the status of a eunuch.


ื”ื“ืจืŸ ืขืœืš ื”ืืฉื” ืจื‘ื”



ื ื•ืฉืื™ืŸ ืขืœ ื”ืื ื•ืกื” ื•ืขืœ ื”ืžืคื•ืชื” ื”ืื•ื ืก ื•ื”ืžืคืชื” ืขืœ ื”ื ืฉื•ืื” ื—ื™ื™ื‘ ื ื•ืฉื ืื“ื ืื ื•ืกืช ืื‘ื™ื• ื•ืžืคื•ืชืช ืื‘ื™ื• ืื ื•ืกืช ื‘ื ื• ื•ืžืคื•ืชืช ื‘ื ื• ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืกืจ ื‘ืื ื•ืกืช ืื‘ื™ื• ื•ืžืคื•ืชืช ืื‘ื™ื•:


MISHNA: One may marry a relative, e.g., the sister or the mother, of the woman he raped and of the woman he seduced. However, one who rapes and one who seduces a relative of the woman who is married to him is liable to receive capital punishment or karet for engaging in prohibited sexual intercourse, depending on the particular family relationship. A man may marry a woman raped by his father, or a woman seduced by his father, or a woman raped by his son, or a woman seduced by his son. Rabbi Yehuda prohibits marriage in the case of a woman raped by his father or a woman seduced by his father.


ื’ืžืณ ืชื ื™ื ื ืœื”ื ื“ืชื ื• ืจื‘ื ืŸ ืื ืก ืืฉื” ืžื•ืชืจ ืœื™ืฉื ื‘ืชื” ื ืฉื ืืฉื” ืืกื•ืจ ืœื™ืฉื ื‘ืชื” ื•ืจืžื™ื ื”ื• ื”ื ื˜ืขืŸ ืžืŸ ื”ืืฉื” ืืกื•ืจ ื‘ืืžื” ื•ื‘ื‘ืชื” ื•ื‘ืื—ื•ืชื” ืžื“ืจื‘ื ืŸ


GEMARA: We learned in the mishna that which the Sages teach in a baraita: If a man raped a woman, he is permitted to marry her daughter. If he married a woman, it is prohibited for him to marry her daughter. However, the Gemara raises a contradiction from another baraita: One who is alleged to have engaged in intercourse with a particular woman is prohibited from marriage with her mother, and with her daughter, and with her sister. Apparently, as a consequence of non-marital intercourse, there is a prohibition against the man marrying the womanโ€™s relatives. The Gemara answers: This is merely prohibited by rabbinic decree, lest the man continue to engage in intercourse with this particular woman after marrying one of her relatives, thereby transgressing a Torah prohibition.


ื•ื›ืœ ื”ื™ื›ื ื“ืื™ื›ื ืื™ืกื•ืจื ืžื“ืจื‘ื ืŸ ืชื ื™ ื ื•ืฉืื™ืŸ ืœื›ืชื—ืœื” ื›ื™ ืชื ืŸ ืžืชื ื™ืชื™ืŸ ืœืื—ืจ ืžื™ืชื”


The Gemara asks: And anywhere that there is a rabbinic prohibition, does the mishna teach that one may marry the woman ab initio? Since the marriage is prohibited by rabbinic decree, the mishna should have taught that if he marries her, he is exempt from punishment. The Gemara answers: When we learned in the mishna that he may marry her ab initio, it was dealing with their marriage after the death of the woman that he raped or seduced. The rabbinic prohibition does not relate to this case, as concern with regard to forbidden relatives is not relevant there.


ืžื ื ื”ื ื™ ืžื™ืœื™ ื“ืชื ื• ืจื‘ื ืŸ ื‘ื›ื•ืœืŸ ื ืืžืจ ืฉื›ื™ื‘ื” ื•ื›ืืŸ ื ืืžืจ ืงื™ื—ื” ืœื•ืžืจ ืœืš ื“ืจืš ืœื™ืงื•ื—ื™ืŸ ืืกืจื” ืชื•ืจื”


The Gemara asks: With regard to the mishnaโ€™s ruling, from where are these matters derived? It is as the Sages taught: With regard to all other prohibited sexual relations, lying is stated, whereas here, with regard to a manโ€™s intercourse with his wifeโ€™s relatives, taking is stated. This is to tell you that the Torah prohibited intercourse with these relatives only through taking, i.e., the manโ€™s acquisition of his wife through marriage. It did not prohibit intercourse with the relative of a woman with whom he engaged in nonmarital relations.


ืืžืจ ืœื™ื” ืจื‘ ืคืคื ืœืื‘ื™ื™ ืืœื ืžืขืชื” ื’ื‘ื™ ืื—ื•ืชื• ื“ื›ืชื™ื‘ ืื™ืฉ ืืฉืจ ื™ืงื— ืืช ืื—ื•ืชื• ื‘ืช ืื‘ื™ื• ืื• ื‘ืช ืืžื• ื”ื›ื™ ื ืžื™ ื“ืจืš ืงื™ื—ื” ื”ื•ื ื“ืืกื•ืจ ื“ืจืš ืฉื›ื™ื‘ื” ืฉืจื™


Rav Pappa said to Abaye: However, if that interpretation is so, then with regard to intercourse with oneโ€™s sister, concerning whom it is written: โ€œAnd if a man takes his sister, his fatherโ€™s daughter, or his motherโ€™s daughterโ€ (Leviticus 20:17), you must also say that is it is only intercourse through taking, i.e., marriage, that is prohibited. But intercourse through lying, i.e., without marriage, is permitted. How can this be?


ืืžืจ ืœื™ื” ืœื™ืงื•ื—ื™ืŸ ื›ืชื™ื‘ื™ ื‘ืชื•ืจื” ืกืชื ื”ืจืื•ื™ ืœืงื™ื—ื” ืงื™ื—ื” ื”ืจืื•ื™ ืœืฉื›ื™ื‘ื” ืฉื›ื™ื‘ื”


Abaye said to Rav Pappa: When the term taking is stated in the Torah without specification, it is interpreted in accordance with the context. With regard to the context of a relationship that has potential for taking through marriage, this verb is interpreted as taking through marriage. In the context of a relationship that has potential only for lying, as their marriage would be invalid, taking the woman is understood to mean lying with her.


ืจื‘ื ืืžืจ ืื ืก ืืฉื” ืžื•ืชืจ ืœื™ืฉื ื‘ืชื” ืžื”ื›ื ื›ืชื™ื‘ ืขืจื•ืช ื‘ืช ื‘ื ืš ืื• ื‘ืช ื‘ืชืš ืœื ืชื’ืœื” ื”ื ื‘ืช ื‘ื ื” ื“ื™ื“ื” ื•ื‘ืช ื‘ืชื” ื“ื™ื“ื” ื’ืœื™


Rava said: The halakha that if a man raped a woman it is permitted for him to marry her daughter is derived from here. It is stated: โ€œThe nakedness of your sonโ€™s daughter, or of your daughterโ€™s daughter, even their nakednessโ€ฆyou may not uncoverโ€ (Leviticus 18:10). It may be inferred from here that the daughter of the womanโ€™s own son from a different relationship, and the daughter of her own daughter, may be uncovered, i.e., intercourse with them is not prohibited.


ื•ื›ืชื™ื‘ ืขืจื•ืช ืืฉื” ื•ื‘ืชื” ืœื ืชื’ืœื” ืืช ื‘ืช ื‘ื ื” ื•ืืช ื‘ืช ื‘ืชื” ืœื ืชืงื— ื”ื ื›ื™ืฆื“ ื›ืืŸ ื‘ืื•ื ืกื™ืŸ ื›ืืŸ ื‘ื ืฉื•ืื™ืŸ


And it is also written: โ€œYou may not uncover the nakedness of a woman and her daughter; you may not take her sonโ€™s daughter, or her daughterโ€™s daughter, to uncover her nakedness; they are near kinswomen, it is lewdnessโ€ (Leviticus 18:17). How so? How can the two verses be reconciled? Evidently, the former verse is stated with regard to rape. A man may marry the daughter or granddaughter of the woman he raped, provided they are not his own offspring. The latter verse is stated with regard to marriage. Marrying the relatives of oneโ€™s wife is prohibited.


ืื™ืคื•ืš ืื ื ืขืจื™ื•ืช ืฉืืจ ื›ืชื™ื‘ ื‘ื”ื• ื‘ื ืฉื•ืื™ืŸ ืื™ื›ื ืฉืืจ ื‘ืื•ื ืกื™ืŸ ืœื™ื›ื ืฉืืจ:


The Gemara asks: Perhaps I should reverse the resolution of the contradiction between the verses and state that the daughter or granddaughter of his rape victim is forbidden, whereas the relatives of his wife are permitted. The Gemara answers: With regard to those with whom intercourse is forbidden, the concept of kinship is stated (see Leviticus 18:13, 17). In marriage there is kinship, whereas in the case of rape there is no kinship. Therefore, the prohibition against intercourse with a woman and her daughter or granddaughter is clearly referring to the daughter and granddaughter of oneโ€™s wife and not of the woman he raped.


ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืกืจ ื‘ืื ื•ืกืช ืื‘ื™ื• ื•ื›ื•ืณ: ืืžืจ ืจื‘ ื’ื™ื“ืœ ืืžืจ ืจื‘ ืžืื™ ื˜ืขืžื ื“ืจื‘ื™ ื™ื”ื•ื“ื” ื“ื›ืชื™ื‘ ืœื ื™ืงื— ืื™ืฉ ืืช ืืฉืช ืื‘ื™ื• ื•ืœื ื™ื’ืœื” ื›ื ืฃ ืื‘ื™ื• ื›ื ืฃ ืฉืจืื” ืื‘ื™ื• ืœื ื™ื’ืœื”


ยง It is taught in the mishna that Rabbi Yehuda prohibits marrying a woman raped by his father or a woman seduced by his father. Rav Giddel said that Rav said: What is the reasoning for the ruling of Rabbi Yehuda? It is as it is written: โ€œA man may not take his fatherโ€™s wife, and may not uncover his fatherโ€™s skirtโ€ (Deuteronomy 23:1), meaning that one may not uncover the skirt that his father has seen.


ื•ืžืžืื™ ื“ื‘ืื ื•ืกื” ื›ืชื™ื‘ ื“ื›ืชื™ื‘ ืžืขื™ืœื•ื™ื” ื“ืงืจื ื•ื ืชืŸ ื”ืื™ืฉ ื”ืฉื•ื›ื‘ ืขืžื” ืœืื‘ื™ ื”ื ืขืจื” ื—ืžืฉื™ื ื›ืกืฃ


And from where is it apparent that this verse is written with regard to a woman raped by his father and not with regard to his fatherโ€™s wife? It is as it is written just before that verse, with regard to rape: โ€œAnd the man who lay with her shall give the young womanโ€™s father fifty shekels of silverโ€ (Deuteronomy 22:29).


ื•ืจื‘ื ืŸ ืื™ ื”ื•ื” ืกืžื™ืš ืœื™ื” ื›ื“ืงืืžืจืช ื”ืฉืชื ื“ืœื ืกืžื™ืš ืœื™ื” ืžื™ื‘ืขื™ ืœื™ื” ืœื›ื“ืจื‘ ืขื ืŸ ื“ืืžืจ ืจื‘ ืขื ืŸ ืืžืจ ืฉืžื•ืืœ ื‘ืฉื•ืžืจืช ื™ื‘ื ืฉืœ ืื‘ื™ื• ื”ื›ืชื•ื‘ ืžื“ื‘ืจ ื•ืžืื™ ื›ื ืฃ ืื‘ื™ื• ื›ื ืฃ ื”ืจืื•ื™ ืœืื‘ื™ื• ืœื ื™ื’ืœื”


And how do the Rabbis, who disagree with Rabbi Yehuda, respond to this proof? If the prohibition stated had been juxtaposed with the verse dealing with rape, it would be as you said. However, now that it is not juxtaposed with it, as there is another prohibition in between, namely โ€œa man may not take his fatherโ€™s wifeโ€ (Deuteronomy 23:1), the prohibition of โ€œhe may not uncover his fatherโ€™s skirtโ€ is necessary to teach that which Rav Anan taught, as Rav Anan said that Shmuel said: The verse is speaking of a widow waiting for her brother-in-law, who is this manโ€™s father, to perform levirate marriage. And what is the meaning of the phrase โ€œhis fatherโ€™s skirtโ€? The skirt that is potentially his fatherโ€™s, he may not uncover.


ื•ืชื™ืคื•ืง ืœื™ื” ืžืฉื•ื ื“ื•ื“ืชื• ืœืขื‘ื•ืจ ืขืœื™ื” ื‘ืฉื ื™ ืœืื•ื™ืŸ


The Gemara questions this interpretation: Why does the Torah need to explicitly prohibit intercourse with the yevama of oneโ€™s father? Derive that intercourse is prohibited due to the fact that she is his aunt, as she is his fatherโ€™s brotherโ€™s widow. The Gemara answers: The Torah purposely rendered this act a more serious offense. By specifying that it is prohibited for one to engage in sexual relations with his fatherโ€™s yevama, one who engaged in intercourse with her has violated two prohibitions. The Torah specifically prohibited his fatherโ€™s yevama in order to have one who engages in relations with her violate two prohibitions, the prohibition proscribing relations with his aunt and the prohibition proscribing relations with his fatherโ€™s yevama, thereby rendering it a more serious offense.


ื•ืชื™ืคื•ืง ืœื™ื” ืžืฉื•ื ื™ื‘ืžื” ืœืฉื•ืง ืœืขื‘ื•ืจ ืขืœื™ื” ื‘ืฉืœืฉื” ืœืื•ื™ืŸ ื•ืื™ื‘ืขื™ืช ืื™ืžื ืœืื—ืจ ืžื™ืชื”


The Gemara asks: But why not derive that one violates two prohibitions because there is also a prohibition against a yevama engaging in intercourse with a member of the public, i.e., someone other than her yavam. The Gemara answers: The Torah prohibited oneโ€™s fatherโ€™s yevama so that one who engaged in intercourse with her will have violated three prohibitions: Intercourse with oneโ€™s aunt, with oneโ€™s yevama, and with oneโ€™s fatherโ€™s yevama. And if you wish, say instead that the verse that prohibits his fatherโ€™s yevama is referring to the period after the death of his father, who has no additional brothers, so there is no prohibition against the yevama engaging in intercourse with a member of the public.


ืื— ืžืื‘ ื•ืœื ืžืื ื•ื”ื•ื ื‘ืขืœื” ื“ืื ื•ืื ื ื‘ืจืชื” ื“ืื ืชืชื™ื” ืืžืจ ืจืžื™ ื‘ืจ ื—ืžื ื“ืœื ื›ืจื‘ื™ ื™ื”ื•ื“ื” ื“ืžืชื ื™ืชื™ืŸ


ยง The opinion that a man may marry a woman raped or seduced by his father can lead to the existence of an unusual family relationship. A woman says: I have a half brother from my father and not from my mother, and my half brother is the husband of my mother, and I am the daughter of his wife. Rami bar แธคama said: This state of affairs is not legitimate according to the opinion of Rabbi Yehuda in the mishna, who holds that a man may not marry a woman with whom his father engaged in intercourse, even if they were not married. However, according to the Rabbis, a woman whose father was not married to her mother can legitimately have a paternal half brother who is married to her mother.


ืื— ื”ื•ื ื•ื‘ืจื™ ื”ื•ื ืื—ืชื™ื” ืื ื ื“ื”ืื™ ื“ื“ืจื™ื ื ืื›ืชืคืื™ ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ื‘ืชื•


The Gemara cites another riddle about a bizarre family relationship. A woman says: He is my brother and he is my son; I am the sister of this one, whom I carry on my shoulders. What is the solution? You find it in the case of a gentile who engaged in intercourse with his daughter, and she bore him a son, who is therefore both her brother and her son. The Gemara is referring to a gentile because it does not wish to entertain the idea that a Jew would act in such a manner.


ืฉืœืžื ืœืš ื‘ืจื™ ื‘ืช ืื—ืชื™ืš ืื ื ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ื‘ืช ื‘ืชื•


The Gemara cites another riddle: Peace upon you, my son; I am the daughter of your sister. You find the solution in the case of a gentile who engaged in intercourse with the daughter of his daughter, who bore him a son. This sonโ€™s mother is related to him from her motherโ€™s side as well, as she is his sisterโ€™s daughter.


ื“ืœืื™ ื“ื“ืœื• ื“ื•ื•ืœื ืœื™ืคื•ืœ ื‘ื›ื• ืกืชืจ ืคืชืจ ื“ื”ืื™ ื“ื“ืจื™ื ื ื”ื•ื ื‘ืจ ื•ืื ื ื‘ืจืช ืื—ื•ื” ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ื‘ืช ื‘ื ื•


The Gemara cites another riddle: Water drawers, who draw water in buckets to irrigate fields, let this cryptic riddle fall among you: This boy whom I carry is my son, and I am the daughter of his brother. You find the solution in the case of a gentile who engaged in intercourse with the daughter of his son, as their son is also her uncle.


ื‘ื™ื™ื ื‘ื™ื™ื ืžืื— ื•ื”ื•ื ืื‘ ื•ื”ื•ื ื‘ืขืœ ื•ื”ื•ื ื‘ืจ ื‘ืขืœ ื•ื”ื•ื ื‘ืขืœื” ื“ืื ื•ืื ื ื‘ืจืชื” ื“ืื™ืชืชื™ื” ื•ืœื ื™ื”ื™ื‘ ืคื™ืชื ืœืื—ื•ื” ื™ืชืžื™ ื‘ื ื™ ื‘ืจืชื™ื” ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ืืžื• ื•ื”ื•ืœื™ื“ ืžืžื ื” ื‘ืช ื•ื—ื–ืจ ื•ื‘ื ืขืœ ืื•ืชื” ื‘ืช ื•ื—ื–ืจ ื–ืงืŸ ื•ื‘ื ืขืœื™ื” ื•ื”ื•ืœื™ื“ ืžืžื ื” ื‘ื ื™ื


The Gemara cites another riddle: Woe, woe [baya, baya] for my brother, who is my father, and who is my husband, and who is the son of my husband, and who is the husband of my mother, and I am the daughter of his wife; and he does not provide bread for his brothers, who are orphans, the sons of me, his daughter. You find the solution in the case of a gentile who engaged in intercourse with his mother, and she bore him a daughter. This daughter is both his sister and his daughter. And he engaged in intercourse with that daughter. And then the old man, his father, engaged in intercourse with her, and she bore him sons. This woman is therefore the wife of her father-brother, and he is also the son of her husband, the old man. Her fatherโ€™s brothers, i.e., the sons she had with the old man, are his daughterโ€™s sons.


ืื ื ื•ืืช ืื—ื™ ืื ื ื•ืื‘ื•ืš ืื—ื™ ืื ื ื•ืืžืš ืื—ื™ ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ืืžื• ื•ื”ื•ืœื™ื“ ืžืžื ื” ืฉืชื™ ื‘ื ื•ืช ื•ื—ื–ืจ ื•ื‘ื ืขืœ ืื—ืช ืžื”ืŸ ื•ื”ื•ืœื™ื“ ืžืžื ื” ื‘ืŸ ื•ืงืจื™ื ืœื™ื” ืื—ืชื™ื” ื“ืื™ืžื ื•ืงืืžืจื” ืœื™ื” ื”ื›ื™


The Gemara cites another riddle: You and I are siblings; your father and I are siblings; your mother and I are siblings. You find the solution in the case of a gentile who engaged in intercourse with his mother, and she bore him two daughters, and he then engaged in intercourse with one of them, and she bore him a son. And the sister of the sonโ€™s mother calls him and says this statement to him, as she is his sister from his fatherโ€™s side and his fatherโ€™s sister from their motherโ€™s side, and she is his motherโ€™s sister from both sides.


ืื ื ื•ืืช ื‘ื ื™ ืื—ื™ ืื ื ื•ืื‘ื•ืš ื‘ื ื™ ืื—ื™ ืื ื ื•ืืžืš ื‘ื ื™ ืื—ื™ ื”ื ื‘ื”ื™ืชื™ืจื ื ืžื™ ืžืฉื›ื—ืช ืœื” ื›ื’ื•ืŸ ืจืื•ื‘ืŸ ืฉื™ืฉ ืœื• ืฉืชื™ ื‘ื ื•ืช ื•ืืชื ืฉืžืขื•ืŸ ื•ื ืกื‘ ื—ื“ื ืžื™ื ื™ื™ื”ื• ื•ืืชื ื‘ืจ ืœื•ื™ ื•ื ืกื‘ ื—ื“ ืžื™ื ื™ื™ื”ื• ื•ืงืืžืจ ืœื™ื” ื‘ืจื™ื” ื“ืฉืžืขื•ืŸ ืœื‘ืจ ื‘ืจื™ื” ื“ืœื•ื™:


The Gemara cites another riddle: You and I are cousins; your father and I are cousins; your mother and I are cousins. You find the solution to this riddle in a permitted manner as well. For example, Reuven, who has two daughters, and his brother Shimon came and married one of them, and the son of Levi, the third brother, came and married the other one of them. And the son of Shimon says this statement to the grandson of Levi. They are cousins from their mothersโ€™ sides, Shimonโ€™s son and Leviโ€™s son are cousins from their fathersโ€™ sides, and Shimonโ€™s son and the mother of Leviโ€™s grandson are cousins from their fathersโ€™ sides.


ืžืชื ื™ืณ ื”ื’ื™ื•ืจืช ืฉื ืชื’ื™ื™ืจื• ื‘ื ื™ื” ืขืžื” ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ืืคืœื• ื”ื•ืจืชื• ืฉืœ ืจืืฉื•ืŸ ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื”ืฉื ื™ ื”ื•ืจืชื• ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื›ืŸ ืฉืคื—ื” ืฉื ืฉืชื—ืจืจื• ื‘ื ื™ื” ืขืžื”:


MISHNA: With regard to a female convert whose sons converted with her, they do not perform แธฅalitza for each otherโ€™s wives, and they do not perform levirate marriage with them, as their conversions are considered rebirth, and they are considered unrelated. This is so even if the conception of the first son was not in the sanctity of Israel, i.e., the mother had not yet converted when she conceived of him, but his birth was in the sanctity of Israel, as his mother had converted by the time she gave birth to him, whereas the second son was both conceived and born in sanctity. The first son is considered a convert, who is unrelated to his brother. And this halakha similarly applies to a maidservant whose sons were freed with her, as they too are not considered relatives.


ื’ืžืณ ื‘ื ื™ ื™ื•ื“ืŸ ืืžืชื ืืฉืชื—ืจื•ืจ ืฉืจื ืœื”ื• ืจื‘ ืื—ื ื‘ืจ ื™ืขืงื‘ ืœืžื™ื ืกื‘ ื ืฉื™ ื“ื”ื“ื“ื™ ืืžืจ ืœื™ื” ืจื‘ื ื•ื”ื ืจื‘ ืฉืฉืช ืืกืจ ืืžืจ ืœื™ื” ื”ื•ื ืืกืจ ื•ืื ื ืฉืจื™ื ื


GEMARA: The sons of Yudan the maidservant were freed. Rav Aแธฅa bar Yaโ€™akov allowed them to marry each otherโ€™s wives after divorce. Rava said to him: Didnโ€™t Rav Sheshet prohibit marriage in that case? Rav Aแธฅa bar Yaโ€™akov said to him: He prohibited it and I permit it. I disagree with his ruling.


ืžืŸ ื”ืื‘ ื•ืœื ืžืŸ ื”ืื ื›ื•ืœื™ ืขืœืžื ืœื ืคืœื™ื’ื™ ื“ืฉืจื™ ืžืŸ ื”ืื ื•ืœื ืžืŸ ื”ืื‘ ื›ื•ืœื™ ืขืœืžื ืœื ืคืœื™ื’ื™ ื“ืืกื™ืจ


The Gemara explains: If the two freed slaves or converts are half brothers from their fatherโ€™s side and not from their motherโ€™s side, everyone agrees that the marriage is permitted, as even a gentile and certainly a convert are considered unrelated to their fatherโ€™s family. If they are half brothers from their mother and not from their father, everyone agrees that it is prohibited.


ื›ื™ ืคืœื™ื’ื™ ืžืŸ ื”ืื‘ ื•ืžืŸ ื”ืื ืžืืŸ ื“ืฉืจื™ ื‘ืชืจ ืื‘ื ืฉื“ื™ื ืŸ ื“ื”ื ื‘ื ื™ ืคืœื ื™ื ืงืจื• ืœื”ื• ื•ืจื‘ ืฉืฉืช ืงืจื• ืœื”ื• ื ืžื™ ื‘ื ื™ ืคืœื•ื ื™ืช


When they disagree, it is a case where they are brothers both from their father and from their mother. The one who permits the marriage claims that we trace them after their father. Their paternal lineage is followed, since they are called the sons of so-and-so, their father. Since they are recognized by their paternal lineage, it is well known that they are considered unrelated, and there is no concern that people will infer that a man may marry his sister-in-law. And Rav Sheshet maintains that they are also called the sons of so-and-so, their mother. Therefore, this concern does exist, as it is not common knowledge that a convert is considered reborn and unrelated to his motherโ€™s family.


ื•ืื™ื›ื ื“ืืžืจ ืคืœื™ื’ ืจื‘ ืื—ื ื‘ืจ ื™ืขืงื‘ ืืคื™ืœื• ื‘ืื—ื™ืŸ ืžืŸ ื”ืื ื•ืžืื™ ื˜ืขืžื ื’ืจ ืฉื ืชื’ื™ื™ืจ ื›ืงื˜ืŸ ืฉื ื•ืœื“ ื“ืžื™


And some say a different version of this dispute: Rav Aแธฅa bar Yaโ€™akov disagrees with Rav Sheshet, even with regard to maternal half brothers. And what is the reasoning behind this opinion? The legal status of a convert who just converted is like that of a child just born, and all his previous family relationships are disregarded, whether from his fatherโ€™s side or from his motherโ€™s side.


ืชื ืŸ ื”ื’ื™ื•ืจืช ืฉื ืชื’ื™ื™ืจื• ื‘ื ื™ื” ืขืžื” ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ืžืื™ ื˜ืขืžื ืœืื• ืžืฉื•ื ื“ืืกื™ืจื™ ืœื ื“ืื™ื ื” ื‘ืชื•ืจืช ื—ืœื™ืฆื” ื•ื™ื™ื‘ื•ื ื•ืฉืจื™ื ืœืขืœืžื ื•ืื™ื ื”ื• ื ืžื™ ืฉืจื•


We learned in the mishna: With regard to a female convert whose sons converted with her, they do not perform แธฅalitza with each otherโ€™s wives, and they do not perform levirate marriage with them. What is the reason that they may not perform levirate marriage? Is it not because they are prohibited from marrying them, contrary to Rav Aแธฅa bar Yaโ€™akovโ€™s opinion? The Gemara answers: No, the mishna means that these wives are not included in the law of แธฅalitza and levirate marriage, as they are considered unrelated, and each wife is therefore permitted to marry anyone. And they, too, are permitted to marry her.


ื•ื”ื ืงืชื ื™ ืืคื™ืœื• ืื™ ืืžืจืช ื‘ืฉืœืžื ืืกื™ืจื™ ื”ื™ื™ื ื• ื“ืงืชื ื™ ืืคื™ืœื• ื“ืืฃ ืขืœ ื’ื‘ ื“ืจืืฉื•ืŸ ื”ื•ืจืชื• ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื”ืฉื ื™ ื”ื•ืจืชื• ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื›ืฉืชื™ ืืžื”ื•ืช ื“ืžื• ืืคื™ืœื• ื”ื›ื™ ืืกื™ืจื™ ืืœื ืื™ ืืžืจืช ืฉืจื• ืžืื™ ืืคื™ืœื•


The Gemara asks: But doesnโ€™t the mishna teach that this is so even if the mother converted while pregnant with the first son, and the second converted independently? Granted, if you say that they are prohibited from marrying each otherโ€™s wives, this explanation is consistent with that which is taught: Even so they are prohibited from marriage. Although the first son was not conceived in sanctity and only his birth was in sanctity, whereas the second was both conceived and born in sanctity, and therefore they are like the sons of two different mothers, even so they are prohibited from performing levirate marriage with their sisters-in-law. But if you say they are permitted to marry each otherโ€™s wives, what is the meaning of the word even?


ื“ืืฃ ืขืœ ื’ื‘ ื“ืชืจื•ื™ื™ื”ื• ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ื•ืืชื™ ืœืื™ื—ืœื•ืคื™ ื‘ื™ืฉืจืืœ ืืคื™ืœื• ื”ื›ื™ ืฉืจื™


The Gemara answers: The mishna means that although both of them were born in sanctity, and people might come to confuse them with Jews from birth, who may not marry their sisters-in-law, nevertheless they are permitted to marry each otherโ€™s wives.


ืื™ื›ื ื“ืืžืจื™ ื”ื›ื™ ื ืžื™ ืžืกืชื‘ืจื ื“ืฉืจื• ื“ืงืชื ื™ ืืคื™ืœื• ืื™ ืืžืจืช ื‘ืฉืœืžื ืฉืจื• ื”ื™ื™ื ื• ื“ืงืชื ื™ ืืคื™ืœื• ื“ืืฃ ืขืœ ื’ื‘ ื“ืชืจื•ื™ื™ื”ื• ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ื“ืืชื™ ืœืื™ื—ืœื•ืคื™ ื‘ื™ืฉืจืืœ ืืคื™ืœื• ื”ื›ื™ ืฉืจื• ืืœื ืื™ ืืžืจืช ืืกื™ืจื™ ืžืื™ ืืคื™ืœื•


There are those who say a different version of this inference: So too, it is reasonable that they are permitted to marry their sisters-in-law, as the mishna teaches: Even if the mother converted while pregnant. Granted, if you say that they are permitted, this explanation is consistent with that which is taught: Even so they are permitted. Although both of them were born in sanctity, and people might come to confuse them with Jews from birth, nevertheless, they are permitted. But if you say that they are prohibited, what is the meaning of the word even?


ื“ืืฃ ืขืœ ื’ื‘ ื“ืจืืฉื•ืŸ ื”ื•ืจืชื• ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื”ืฉื ื™ ื”ื•ืจืชื• ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื“ื›ืฉืชื™ ืืžื”ื•ืช ื“ืžื™ ืืคื™ืœื• ื”ื›ื™ ืืกื™ืจื™


The Gemara answers: The mishna means that although the first son was not conceived in sanctity and only his birth was in sanctity, whereas the second was both conceived and born in sanctity, so that they are like the sons of two mothers, nevertheless, they are prohibited from marrying each otherโ€™s wives.


ืชื ืฉืžืข ืฉื ื™ ืื—ื™ื ืชืื•ืžื™ื ื’ืจื™ื ื•ื›ืŸ ืžืฉื•ื—ืจืจื™ื ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ื•ืื™ืŸ ื—ื™ื™ื‘ื™ืŸ ืžืฉื•ื ืืฉืช ืื— ื”ื™ืชื” ื”ื•ืจืชืŸ ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ืื‘ืœ ื—ื™ื™ื‘ื™ืŸ ืžืฉื•ื ืืฉืช ืื— ื”ื™ืชื” ื”ื•ืจืชืŸ ื•ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ื”ืจื™ ื”ืŸ ื›ื™ืฉืจืืœื™ื ืœื›ืœ ื“ื‘ืจื™ื”ืŸ ืงืชื ื™ ืžื™ื”ืช ืื™ืŸ ื—ื™ื™ื‘ื™ืŸ ืžืฉื•ื ืืฉืช ืื— ื—ื™ื•ื‘ื ืœื™ื›ื


The Gemara cites another proof. Come and hear: Two twin brothers who are converts, and similarly twin brothers who are freed slaves, do not perform แธฅalitza for each otherโ€™s wives, and they do not perform levirate marriage with them, and if they engage in intercourse with them they are not liable to receive karet for engaging in intercourse with a brotherโ€™s wife. If they were not conceived in sanctity and only their birth was in sanctity, they do not perform แธฅalitza or levirate marriage, but they are liable for engaging in intercourse with a brotherโ€™s wife. If they were conceived and born in sanctity, they are like Jews from birth in all of their matters. In any event, the baraita is teaching that regular converts are not liable for engaging in intercourse with a brotherโ€™s wife. It can be inferred that while there is no liability by Torah law,

  • This month's learningย is sponsored by Leah Goldford in loving memory ofย her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Batย Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

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Yevamot 97

The William Davidson Talmud | Powered by Sefaria

Yevamot 97

ืฉื™ืืžืจื• ื“ื‘ืจ ืฉืžื•ืขื” ืžืคื™ ื‘ืขื•ืœื ื”ื–ื” ื“ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืฉื•ื ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื™ื•ื—ื™ ื›ืœ ืชืœืžื™ื“ ื—ื›ื ืฉืื•ืžืจื™ื ื“ื‘ืจ ืฉืžื•ืขื” ืžืคื™ื• ื‘ืขื•ืœื ื”ื–ื” ืฉืคืชื•ืชื™ื• ื“ื•ื‘ื‘ื•ืช ื‘ืงื‘ืจ ืืžืจ ืจื‘ื™ ื™ืฆื—ืง ื‘ืŸ ื–ืขื™ืจื ื•ืื™ืชื™ืžื ืฉืžืขื•ืŸ ื ื–ื™ืจื ืžืื™ ืงืจืื” ื•ื—ื›ืš ื›ื™ื™ืŸ ื”ื˜ื•ื‘ ื”ื•ืœืš ืœื“ื•ื“ื™ ืœืžื™ืฉืจื™ื ื“ื•ื‘ื‘ ืฉืคืชื™ ื™ืฉื ื™ื


that they will say a matter of halakha in my name in this world when I have passed on to another world. As Rabbi Yoแธฅanan said in the name of Rabbi Shimon ben Yoแธฅai: With regard to any Torah scholar in whose name a matter of halakha is said in this world, his lips mouth the words in the grave, as though he is talking. Rabbi Yitzแธฅak ben Zeโ€™eira said, and some say this was stated by Shimon the Nazirite: What is the verse from which it is derived? โ€œAnd the roof of your mouth is like the best wine that glides down smoothly for my beloved, moving gently the lips of those who are asleepโ€ (Song of Songs 7:10).


ื›ื›ื•ืžืจ ืฉืœ ืขื ื‘ื™ื ืžื” ื›ื•ืžืจ ืฉืœ ืขื ื‘ื™ื ื›ื™ื•ืŸ ืฉืžื ื™ื— ืื“ื ืืฆื‘ืขื• ืขืœื™ื• ืžื™ื“ ื“ื•ื‘ื‘ ืืฃ ืชืœืžื™ื“ื™ ื—ื›ืžื™ื ื›ื™ื•ืŸ ืฉืื•ืžืจื™ื ื“ื‘ืจ ืฉืžื•ืขื” ืžืคื™ื”ื ื‘ืขื•ื”ืดื– ืฉืคืชื•ืชื™ื”ื ื“ื•ื‘ื‘ื•ืช ื‘ืงื‘ืจ:


He explains: This is like a pile [komer] of grapes left to warm before they are pressed: Just as in the case of a pile of grapes, when a person places his finger on it, immediately it moves, as the wine bursts through and the whole pile shakes, so too with Torah scholars: When a teaching is said in their name in this world their lips mouth the words in the grave. For this reason Rabbi Yoแธฅanan wanted his Torah statements to be attributed to him, so that he would earn eternal life.


ืื—ื“ ื‘ืŸ ืชืฉืข ืฉื ื™ื ื•ื›ื•ืณ: ื•ืจืžื™ื ื”ื• ื‘ืŸ ืขืฉืจื™ื ืฉื ื” ืฉืœื ื”ื‘ื™ื ืฉืชื™ ืฉืขืจื•ืช ื™ื‘ื™ืื• ืจืื™ื” ืฉื”ื•ื ื‘ืŸ ืขืฉืจื™ื ื•ื”ื•ื ื”ืกืจื™ืก ืœื ื—ื•ืœืฅ ื•ืœื ืžื™ื™ื‘ื


ยง The Gemara addresses the statement of the mishna that this is the halakha both for a boy who is nine years and one day old as well as a twenty-year old who has not developed two pubic hairs. In both cases, their sexual relations are not considered proper intercourse with regard to levirate marriage. And the Gemara raises a contradiction against this from the following source: With regard to a man twenty years old who has not developed two pubic hairs, they must bring proof that he is twenty years old, and he is established as a eunuch, who may neither perform แธฅalitza nor perform levirate marriage.


ื‘ืช ืขืฉืจื™ื ืฉื ื” ืฉืœื ื”ื‘ื™ืื” ืฉืชื™ ืฉืขืจื•ืช ื™ื‘ื™ืื• ืจืื™ื” ืฉื”ื™ื ื‘ืช ืขืฉืจื™ื ื•ื”ื™ื ื”ืื™ืœื•ื ื™ืช ืœื ื—ื•ืœืฆืช ื•ืœื ืžืชื™ื™ื‘ืžืช


Likewise, in the case of a woman who is twenty years old and has not developed two pubic hairs, they must bring proof that she is twenty years old, and that she is a sexually underdeveloped woman, who may neither perform แธฅalitza nor enter into levirate marriage. This shows that the status of a nine-year-old male and a twenty-year old man without pubic hairs are not the same, as the intercourse of a nine-year-old is considered of some significance, whereas that of a eunuch is entirely disregarded, as he may not even perform แธฅalitza.


ื”ื ืืชืžืจ ืขืœื” ืืžืจ ืจื‘ ืฉืžื•ืืœ ื‘ืจ ื™ืฆื—ืง ืืžืจ ืจื‘ ื•ื”ื•ื ืฉื ื•ืœื“ื• ืœื• ืกื™ืžื ื™ ืกืจื™ืก ืืžืจ ืจื‘ื ื“ื™ืงื ื ืžื™ ื“ืงืชื ื™ ื•ื”ื•ื ื”ืกืจื™ืก ืฉืžืข ืžื™ื ื”


The Gemara answers: Wasnโ€™t it stated with regard to this baraita that Rav Shmuel bar Yitzแธฅak said that Rav said: And this halakha applies only if he developed other signs of a eunuch by the age of twenty. The mishna, by contrast, is referring to one who merely showed the signs of maturity at a late age. Rava said: The language of the baraita is also precise, as it teaches: And he is the eunuch. One can learn from here that this is referring to one who is definitely a eunuch.


ื•ื›ื™ ืœื ื ื•ืœื“ื• ืœื• ืกื™ืžื ื™ ืกืจื™ืก ืขื“ ื›ืžื” ืชื ื™ ื“ื‘ื™ ืจื‘ื™ ื—ื™ื™ื ืขื“ ืจื•ื‘ ืฉื ื•ืชื™ื•


The Gemara asks a question with regard to the halakha itself: And in a case where he does not develop the signs of a eunuch, until what age is he considered a minor? The school of Rabbi แธคiyya taught: Until most of his years have passed, i.e., until he reaches the age of thirty-five, i.e., halfway to seventy, the standard length of a manโ€™s life.


ื›ื™ ืืชื• ืœืงืžื™ื” ื“ืจื‘ื ืื™ ื›ื—ื•ืฉ ืืžืจ ืœื”ื• ื–ื™ืœื• ืื‘ืจื™ื•ื”ื• ื•ืื™ ื‘ืจื™ื ืืžืจ ืœื”ื• ื–ื™ืœื• ืื›ื—ืฉื•ื”ื• ื“ื”ื ื™ ืกื™ืžื ื™ืŸ ื–ืžื ื™ืŸ ื“ื ืชืจื™ ืžื—ืžืช ื›ื—ื™ืฉื•ืชื ื•ื–ืžื ื™ืŸ ื“ื ืชืจื™ ืžื—ืžืช ื‘ืจื™ื•ืชื:


On the same issue, the Gemara relates: When they would come before Rava to inquire about someone who had reached the age of maturity but had not yet developed the physical signs, if the person in question was thin, he would say to them: Go and fatten him up before we decide on his status. And if he was fat, he would say to them: Go and make him thin. As these signs, the pubic hairs of maturity, sometimes they fall off due to thinness and sometimes they fall off due to fatness. It is therefore possible that after his bodily shape is adjusted he will develop the signs of maturity and will not have the status of a eunuch.


ื”ื“ืจืŸ ืขืœืš ื”ืืฉื” ืจื‘ื”



ื ื•ืฉืื™ืŸ ืขืœ ื”ืื ื•ืกื” ื•ืขืœ ื”ืžืคื•ืชื” ื”ืื•ื ืก ื•ื”ืžืคืชื” ืขืœ ื”ื ืฉื•ืื” ื—ื™ื™ื‘ ื ื•ืฉื ืื“ื ืื ื•ืกืช ืื‘ื™ื• ื•ืžืคื•ืชืช ืื‘ื™ื• ืื ื•ืกืช ื‘ื ื• ื•ืžืคื•ืชืช ื‘ื ื• ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืกืจ ื‘ืื ื•ืกืช ืื‘ื™ื• ื•ืžืคื•ืชืช ืื‘ื™ื•:


MISHNA: One may marry a relative, e.g., the sister or the mother, of the woman he raped and of the woman he seduced. However, one who rapes and one who seduces a relative of the woman who is married to him is liable to receive capital punishment or karet for engaging in prohibited sexual intercourse, depending on the particular family relationship. A man may marry a woman raped by his father, or a woman seduced by his father, or a woman raped by his son, or a woman seduced by his son. Rabbi Yehuda prohibits marriage in the case of a woman raped by his father or a woman seduced by his father.


ื’ืžืณ ืชื ื™ื ื ืœื”ื ื“ืชื ื• ืจื‘ื ืŸ ืื ืก ืืฉื” ืžื•ืชืจ ืœื™ืฉื ื‘ืชื” ื ืฉื ืืฉื” ืืกื•ืจ ืœื™ืฉื ื‘ืชื” ื•ืจืžื™ื ื”ื• ื”ื ื˜ืขืŸ ืžืŸ ื”ืืฉื” ืืกื•ืจ ื‘ืืžื” ื•ื‘ื‘ืชื” ื•ื‘ืื—ื•ืชื” ืžื“ืจื‘ื ืŸ


GEMARA: We learned in the mishna that which the Sages teach in a baraita: If a man raped a woman, he is permitted to marry her daughter. If he married a woman, it is prohibited for him to marry her daughter. However, the Gemara raises a contradiction from another baraita: One who is alleged to have engaged in intercourse with a particular woman is prohibited from marriage with her mother, and with her daughter, and with her sister. Apparently, as a consequence of non-marital intercourse, there is a prohibition against the man marrying the womanโ€™s relatives. The Gemara answers: This is merely prohibited by rabbinic decree, lest the man continue to engage in intercourse with this particular woman after marrying one of her relatives, thereby transgressing a Torah prohibition.


ื•ื›ืœ ื”ื™ื›ื ื“ืื™ื›ื ืื™ืกื•ืจื ืžื“ืจื‘ื ืŸ ืชื ื™ ื ื•ืฉืื™ืŸ ืœื›ืชื—ืœื” ื›ื™ ืชื ืŸ ืžืชื ื™ืชื™ืŸ ืœืื—ืจ ืžื™ืชื”


The Gemara asks: And anywhere that there is a rabbinic prohibition, does the mishna teach that one may marry the woman ab initio? Since the marriage is prohibited by rabbinic decree, the mishna should have taught that if he marries her, he is exempt from punishment. The Gemara answers: When we learned in the mishna that he may marry her ab initio, it was dealing with their marriage after the death of the woman that he raped or seduced. The rabbinic prohibition does not relate to this case, as concern with regard to forbidden relatives is not relevant there.


ืžื ื ื”ื ื™ ืžื™ืœื™ ื“ืชื ื• ืจื‘ื ืŸ ื‘ื›ื•ืœืŸ ื ืืžืจ ืฉื›ื™ื‘ื” ื•ื›ืืŸ ื ืืžืจ ืงื™ื—ื” ืœื•ืžืจ ืœืš ื“ืจืš ืœื™ืงื•ื—ื™ืŸ ืืกืจื” ืชื•ืจื”


The Gemara asks: With regard to the mishnaโ€™s ruling, from where are these matters derived? It is as the Sages taught: With regard to all other prohibited sexual relations, lying is stated, whereas here, with regard to a manโ€™s intercourse with his wifeโ€™s relatives, taking is stated. This is to tell you that the Torah prohibited intercourse with these relatives only through taking, i.e., the manโ€™s acquisition of his wife through marriage. It did not prohibit intercourse with the relative of a woman with whom he engaged in nonmarital relations.


ืืžืจ ืœื™ื” ืจื‘ ืคืคื ืœืื‘ื™ื™ ืืœื ืžืขืชื” ื’ื‘ื™ ืื—ื•ืชื• ื“ื›ืชื™ื‘ ืื™ืฉ ืืฉืจ ื™ืงื— ืืช ืื—ื•ืชื• ื‘ืช ืื‘ื™ื• ืื• ื‘ืช ืืžื• ื”ื›ื™ ื ืžื™ ื“ืจืš ืงื™ื—ื” ื”ื•ื ื“ืืกื•ืจ ื“ืจืš ืฉื›ื™ื‘ื” ืฉืจื™


Rav Pappa said to Abaye: However, if that interpretation is so, then with regard to intercourse with oneโ€™s sister, concerning whom it is written: โ€œAnd if a man takes his sister, his fatherโ€™s daughter, or his motherโ€™s daughterโ€ (Leviticus 20:17), you must also say that is it is only intercourse through taking, i.e., marriage, that is prohibited. But intercourse through lying, i.e., without marriage, is permitted. How can this be?


ืืžืจ ืœื™ื” ืœื™ืงื•ื—ื™ืŸ ื›ืชื™ื‘ื™ ื‘ืชื•ืจื” ืกืชื ื”ืจืื•ื™ ืœืงื™ื—ื” ืงื™ื—ื” ื”ืจืื•ื™ ืœืฉื›ื™ื‘ื” ืฉื›ื™ื‘ื”


Abaye said to Rav Pappa: When the term taking is stated in the Torah without specification, it is interpreted in accordance with the context. With regard to the context of a relationship that has potential for taking through marriage, this verb is interpreted as taking through marriage. In the context of a relationship that has potential only for lying, as their marriage would be invalid, taking the woman is understood to mean lying with her.


ืจื‘ื ืืžืจ ืื ืก ืืฉื” ืžื•ืชืจ ืœื™ืฉื ื‘ืชื” ืžื”ื›ื ื›ืชื™ื‘ ืขืจื•ืช ื‘ืช ื‘ื ืš ืื• ื‘ืช ื‘ืชืš ืœื ืชื’ืœื” ื”ื ื‘ืช ื‘ื ื” ื“ื™ื“ื” ื•ื‘ืช ื‘ืชื” ื“ื™ื“ื” ื’ืœื™


Rava said: The halakha that if a man raped a woman it is permitted for him to marry her daughter is derived from here. It is stated: โ€œThe nakedness of your sonโ€™s daughter, or of your daughterโ€™s daughter, even their nakednessโ€ฆyou may not uncoverโ€ (Leviticus 18:10). It may be inferred from here that the daughter of the womanโ€™s own son from a different relationship, and the daughter of her own daughter, may be uncovered, i.e., intercourse with them is not prohibited.


ื•ื›ืชื™ื‘ ืขืจื•ืช ืืฉื” ื•ื‘ืชื” ืœื ืชื’ืœื” ืืช ื‘ืช ื‘ื ื” ื•ืืช ื‘ืช ื‘ืชื” ืœื ืชืงื— ื”ื ื›ื™ืฆื“ ื›ืืŸ ื‘ืื•ื ืกื™ืŸ ื›ืืŸ ื‘ื ืฉื•ืื™ืŸ


And it is also written: โ€œYou may not uncover the nakedness of a woman and her daughter; you may not take her sonโ€™s daughter, or her daughterโ€™s daughter, to uncover her nakedness; they are near kinswomen, it is lewdnessโ€ (Leviticus 18:17). How so? How can the two verses be reconciled? Evidently, the former verse is stated with regard to rape. A man may marry the daughter or granddaughter of the woman he raped, provided they are not his own offspring. The latter verse is stated with regard to marriage. Marrying the relatives of oneโ€™s wife is prohibited.


ืื™ืคื•ืš ืื ื ืขืจื™ื•ืช ืฉืืจ ื›ืชื™ื‘ ื‘ื”ื• ื‘ื ืฉื•ืื™ืŸ ืื™ื›ื ืฉืืจ ื‘ืื•ื ืกื™ืŸ ืœื™ื›ื ืฉืืจ:


The Gemara asks: Perhaps I should reverse the resolution of the contradiction between the verses and state that the daughter or granddaughter of his rape victim is forbidden, whereas the relatives of his wife are permitted. The Gemara answers: With regard to those with whom intercourse is forbidden, the concept of kinship is stated (see Leviticus 18:13, 17). In marriage there is kinship, whereas in the case of rape there is no kinship. Therefore, the prohibition against intercourse with a woman and her daughter or granddaughter is clearly referring to the daughter and granddaughter of oneโ€™s wife and not of the woman he raped.


ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืกืจ ื‘ืื ื•ืกืช ืื‘ื™ื• ื•ื›ื•ืณ: ืืžืจ ืจื‘ ื’ื™ื“ืœ ืืžืจ ืจื‘ ืžืื™ ื˜ืขืžื ื“ืจื‘ื™ ื™ื”ื•ื“ื” ื“ื›ืชื™ื‘ ืœื ื™ืงื— ืื™ืฉ ืืช ืืฉืช ืื‘ื™ื• ื•ืœื ื™ื’ืœื” ื›ื ืฃ ืื‘ื™ื• ื›ื ืฃ ืฉืจืื” ืื‘ื™ื• ืœื ื™ื’ืœื”


ยง It is taught in the mishna that Rabbi Yehuda prohibits marrying a woman raped by his father or a woman seduced by his father. Rav Giddel said that Rav said: What is the reasoning for the ruling of Rabbi Yehuda? It is as it is written: โ€œA man may not take his fatherโ€™s wife, and may not uncover his fatherโ€™s skirtโ€ (Deuteronomy 23:1), meaning that one may not uncover the skirt that his father has seen.


ื•ืžืžืื™ ื“ื‘ืื ื•ืกื” ื›ืชื™ื‘ ื“ื›ืชื™ื‘ ืžืขื™ืœื•ื™ื” ื“ืงืจื ื•ื ืชืŸ ื”ืื™ืฉ ื”ืฉื•ื›ื‘ ืขืžื” ืœืื‘ื™ ื”ื ืขืจื” ื—ืžืฉื™ื ื›ืกืฃ


And from where is it apparent that this verse is written with regard to a woman raped by his father and not with regard to his fatherโ€™s wife? It is as it is written just before that verse, with regard to rape: โ€œAnd the man who lay with her shall give the young womanโ€™s father fifty shekels of silverโ€ (Deuteronomy 22:29).


ื•ืจื‘ื ืŸ ืื™ ื”ื•ื” ืกืžื™ืš ืœื™ื” ื›ื“ืงืืžืจืช ื”ืฉืชื ื“ืœื ืกืžื™ืš ืœื™ื” ืžื™ื‘ืขื™ ืœื™ื” ืœื›ื“ืจื‘ ืขื ืŸ ื“ืืžืจ ืจื‘ ืขื ืŸ ืืžืจ ืฉืžื•ืืœ ื‘ืฉื•ืžืจืช ื™ื‘ื ืฉืœ ืื‘ื™ื• ื”ื›ืชื•ื‘ ืžื“ื‘ืจ ื•ืžืื™ ื›ื ืฃ ืื‘ื™ื• ื›ื ืฃ ื”ืจืื•ื™ ืœืื‘ื™ื• ืœื ื™ื’ืœื”


And how do the Rabbis, who disagree with Rabbi Yehuda, respond to this proof? If the prohibition stated had been juxtaposed with the verse dealing with rape, it would be as you said. However, now that it is not juxtaposed with it, as there is another prohibition in between, namely โ€œa man may not take his fatherโ€™s wifeโ€ (Deuteronomy 23:1), the prohibition of โ€œhe may not uncover his fatherโ€™s skirtโ€ is necessary to teach that which Rav Anan taught, as Rav Anan said that Shmuel said: The verse is speaking of a widow waiting for her brother-in-law, who is this manโ€™s father, to perform levirate marriage. And what is the meaning of the phrase โ€œhis fatherโ€™s skirtโ€? The skirt that is potentially his fatherโ€™s, he may not uncover.


ื•ืชื™ืคื•ืง ืœื™ื” ืžืฉื•ื ื“ื•ื“ืชื• ืœืขื‘ื•ืจ ืขืœื™ื” ื‘ืฉื ื™ ืœืื•ื™ืŸ


The Gemara questions this interpretation: Why does the Torah need to explicitly prohibit intercourse with the yevama of oneโ€™s father? Derive that intercourse is prohibited due to the fact that she is his aunt, as she is his fatherโ€™s brotherโ€™s widow. The Gemara answers: The Torah purposely rendered this act a more serious offense. By specifying that it is prohibited for one to engage in sexual relations with his fatherโ€™s yevama, one who engaged in intercourse with her has violated two prohibitions. The Torah specifically prohibited his fatherโ€™s yevama in order to have one who engages in relations with her violate two prohibitions, the prohibition proscribing relations with his aunt and the prohibition proscribing relations with his fatherโ€™s yevama, thereby rendering it a more serious offense.


ื•ืชื™ืคื•ืง ืœื™ื” ืžืฉื•ื ื™ื‘ืžื” ืœืฉื•ืง ืœืขื‘ื•ืจ ืขืœื™ื” ื‘ืฉืœืฉื” ืœืื•ื™ืŸ ื•ืื™ื‘ืขื™ืช ืื™ืžื ืœืื—ืจ ืžื™ืชื”


The Gemara asks: But why not derive that one violates two prohibitions because there is also a prohibition against a yevama engaging in intercourse with a member of the public, i.e., someone other than her yavam. The Gemara answers: The Torah prohibited oneโ€™s fatherโ€™s yevama so that one who engaged in intercourse with her will have violated three prohibitions: Intercourse with oneโ€™s aunt, with oneโ€™s yevama, and with oneโ€™s fatherโ€™s yevama. And if you wish, say instead that the verse that prohibits his fatherโ€™s yevama is referring to the period after the death of his father, who has no additional brothers, so there is no prohibition against the yevama engaging in intercourse with a member of the public.


ืื— ืžืื‘ ื•ืœื ืžืื ื•ื”ื•ื ื‘ืขืœื” ื“ืื ื•ืื ื ื‘ืจืชื” ื“ืื ืชืชื™ื” ืืžืจ ืจืžื™ ื‘ืจ ื—ืžื ื“ืœื ื›ืจื‘ื™ ื™ื”ื•ื“ื” ื“ืžืชื ื™ืชื™ืŸ


ยง The opinion that a man may marry a woman raped or seduced by his father can lead to the existence of an unusual family relationship. A woman says: I have a half brother from my father and not from my mother, and my half brother is the husband of my mother, and I am the daughter of his wife. Rami bar แธคama said: This state of affairs is not legitimate according to the opinion of Rabbi Yehuda in the mishna, who holds that a man may not marry a woman with whom his father engaged in intercourse, even if they were not married. However, according to the Rabbis, a woman whose father was not married to her mother can legitimately have a paternal half brother who is married to her mother.


ืื— ื”ื•ื ื•ื‘ืจื™ ื”ื•ื ืื—ืชื™ื” ืื ื ื“ื”ืื™ ื“ื“ืจื™ื ื ืื›ืชืคืื™ ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ื‘ืชื•


The Gemara cites another riddle about a bizarre family relationship. A woman says: He is my brother and he is my son; I am the sister of this one, whom I carry on my shoulders. What is the solution? You find it in the case of a gentile who engaged in intercourse with his daughter, and she bore him a son, who is therefore both her brother and her son. The Gemara is referring to a gentile because it does not wish to entertain the idea that a Jew would act in such a manner.


ืฉืœืžื ืœืš ื‘ืจื™ ื‘ืช ืื—ืชื™ืš ืื ื ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ื‘ืช ื‘ืชื•


The Gemara cites another riddle: Peace upon you, my son; I am the daughter of your sister. You find the solution in the case of a gentile who engaged in intercourse with the daughter of his daughter, who bore him a son. This sonโ€™s mother is related to him from her motherโ€™s side as well, as she is his sisterโ€™s daughter.


ื“ืœืื™ ื“ื“ืœื• ื“ื•ื•ืœื ืœื™ืคื•ืœ ื‘ื›ื• ืกืชืจ ืคืชืจ ื“ื”ืื™ ื“ื“ืจื™ื ื ื”ื•ื ื‘ืจ ื•ืื ื ื‘ืจืช ืื—ื•ื” ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ื‘ืช ื‘ื ื•


The Gemara cites another riddle: Water drawers, who draw water in buckets to irrigate fields, let this cryptic riddle fall among you: This boy whom I carry is my son, and I am the daughter of his brother. You find the solution in the case of a gentile who engaged in intercourse with the daughter of his son, as their son is also her uncle.


ื‘ื™ื™ื ื‘ื™ื™ื ืžืื— ื•ื”ื•ื ืื‘ ื•ื”ื•ื ื‘ืขืœ ื•ื”ื•ื ื‘ืจ ื‘ืขืœ ื•ื”ื•ื ื‘ืขืœื” ื“ืื ื•ืื ื ื‘ืจืชื” ื“ืื™ืชืชื™ื” ื•ืœื ื™ื”ื™ื‘ ืคื™ืชื ืœืื—ื•ื” ื™ืชืžื™ ื‘ื ื™ ื‘ืจืชื™ื” ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ืืžื• ื•ื”ื•ืœื™ื“ ืžืžื ื” ื‘ืช ื•ื—ื–ืจ ื•ื‘ื ืขืœ ืื•ืชื” ื‘ืช ื•ื—ื–ืจ ื–ืงืŸ ื•ื‘ื ืขืœื™ื” ื•ื”ื•ืœื™ื“ ืžืžื ื” ื‘ื ื™ื


The Gemara cites another riddle: Woe, woe [baya, baya] for my brother, who is my father, and who is my husband, and who is the son of my husband, and who is the husband of my mother, and I am the daughter of his wife; and he does not provide bread for his brothers, who are orphans, the sons of me, his daughter. You find the solution in the case of a gentile who engaged in intercourse with his mother, and she bore him a daughter. This daughter is both his sister and his daughter. And he engaged in intercourse with that daughter. And then the old man, his father, engaged in intercourse with her, and she bore him sons. This woman is therefore the wife of her father-brother, and he is also the son of her husband, the old man. Her fatherโ€™s brothers, i.e., the sons she had with the old man, are his daughterโ€™s sons.


ืื ื ื•ืืช ืื—ื™ ืื ื ื•ืื‘ื•ืš ืื—ื™ ืื ื ื•ืืžืš ืื—ื™ ืžืฉื›ื—ืช ืœื” ื‘ื’ื•ื™ ื”ื‘ื ืขืœ ืืžื• ื•ื”ื•ืœื™ื“ ืžืžื ื” ืฉืชื™ ื‘ื ื•ืช ื•ื—ื–ืจ ื•ื‘ื ืขืœ ืื—ืช ืžื”ืŸ ื•ื”ื•ืœื™ื“ ืžืžื ื” ื‘ืŸ ื•ืงืจื™ื ืœื™ื” ืื—ืชื™ื” ื“ืื™ืžื ื•ืงืืžืจื” ืœื™ื” ื”ื›ื™


The Gemara cites another riddle: You and I are siblings; your father and I are siblings; your mother and I are siblings. You find the solution in the case of a gentile who engaged in intercourse with his mother, and she bore him two daughters, and he then engaged in intercourse with one of them, and she bore him a son. And the sister of the sonโ€™s mother calls him and says this statement to him, as she is his sister from his fatherโ€™s side and his fatherโ€™s sister from their motherโ€™s side, and she is his motherโ€™s sister from both sides.


ืื ื ื•ืืช ื‘ื ื™ ืื—ื™ ืื ื ื•ืื‘ื•ืš ื‘ื ื™ ืื—ื™ ืื ื ื•ืืžืš ื‘ื ื™ ืื—ื™ ื”ื ื‘ื”ื™ืชื™ืจื ื ืžื™ ืžืฉื›ื—ืช ืœื” ื›ื’ื•ืŸ ืจืื•ื‘ืŸ ืฉื™ืฉ ืœื• ืฉืชื™ ื‘ื ื•ืช ื•ืืชื ืฉืžืขื•ืŸ ื•ื ืกื‘ ื—ื“ื ืžื™ื ื™ื™ื”ื• ื•ืืชื ื‘ืจ ืœื•ื™ ื•ื ืกื‘ ื—ื“ ืžื™ื ื™ื™ื”ื• ื•ืงืืžืจ ืœื™ื” ื‘ืจื™ื” ื“ืฉืžืขื•ืŸ ืœื‘ืจ ื‘ืจื™ื” ื“ืœื•ื™:


The Gemara cites another riddle: You and I are cousins; your father and I are cousins; your mother and I are cousins. You find the solution to this riddle in a permitted manner as well. For example, Reuven, who has two daughters, and his brother Shimon came and married one of them, and the son of Levi, the third brother, came and married the other one of them. And the son of Shimon says this statement to the grandson of Levi. They are cousins from their mothersโ€™ sides, Shimonโ€™s son and Leviโ€™s son are cousins from their fathersโ€™ sides, and Shimonโ€™s son and the mother of Leviโ€™s grandson are cousins from their fathersโ€™ sides.


ืžืชื ื™ืณ ื”ื’ื™ื•ืจืช ืฉื ืชื’ื™ื™ืจื• ื‘ื ื™ื” ืขืžื” ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ืืคืœื• ื”ื•ืจืชื• ืฉืœ ืจืืฉื•ืŸ ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื”ืฉื ื™ ื”ื•ืจืชื• ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื›ืŸ ืฉืคื—ื” ืฉื ืฉืชื—ืจืจื• ื‘ื ื™ื” ืขืžื”:


MISHNA: With regard to a female convert whose sons converted with her, they do not perform แธฅalitza for each otherโ€™s wives, and they do not perform levirate marriage with them, as their conversions are considered rebirth, and they are considered unrelated. This is so even if the conception of the first son was not in the sanctity of Israel, i.e., the mother had not yet converted when she conceived of him, but his birth was in the sanctity of Israel, as his mother had converted by the time she gave birth to him, whereas the second son was both conceived and born in sanctity. The first son is considered a convert, who is unrelated to his brother. And this halakha similarly applies to a maidservant whose sons were freed with her, as they too are not considered relatives.


ื’ืžืณ ื‘ื ื™ ื™ื•ื“ืŸ ืืžืชื ืืฉืชื—ืจื•ืจ ืฉืจื ืœื”ื• ืจื‘ ืื—ื ื‘ืจ ื™ืขืงื‘ ืœืžื™ื ืกื‘ ื ืฉื™ ื“ื”ื“ื“ื™ ืืžืจ ืœื™ื” ืจื‘ื ื•ื”ื ืจื‘ ืฉืฉืช ืืกืจ ืืžืจ ืœื™ื” ื”ื•ื ืืกืจ ื•ืื ื ืฉืจื™ื ื


GEMARA: The sons of Yudan the maidservant were freed. Rav Aแธฅa bar Yaโ€™akov allowed them to marry each otherโ€™s wives after divorce. Rava said to him: Didnโ€™t Rav Sheshet prohibit marriage in that case? Rav Aแธฅa bar Yaโ€™akov said to him: He prohibited it and I permit it. I disagree with his ruling.


ืžืŸ ื”ืื‘ ื•ืœื ืžืŸ ื”ืื ื›ื•ืœื™ ืขืœืžื ืœื ืคืœื™ื’ื™ ื“ืฉืจื™ ืžืŸ ื”ืื ื•ืœื ืžืŸ ื”ืื‘ ื›ื•ืœื™ ืขืœืžื ืœื ืคืœื™ื’ื™ ื“ืืกื™ืจ


The Gemara explains: If the two freed slaves or converts are half brothers from their fatherโ€™s side and not from their motherโ€™s side, everyone agrees that the marriage is permitted, as even a gentile and certainly a convert are considered unrelated to their fatherโ€™s family. If they are half brothers from their mother and not from their father, everyone agrees that it is prohibited.


ื›ื™ ืคืœื™ื’ื™ ืžืŸ ื”ืื‘ ื•ืžืŸ ื”ืื ืžืืŸ ื“ืฉืจื™ ื‘ืชืจ ืื‘ื ืฉื“ื™ื ืŸ ื“ื”ื ื‘ื ื™ ืคืœื ื™ื ืงืจื• ืœื”ื• ื•ืจื‘ ืฉืฉืช ืงืจื• ืœื”ื• ื ืžื™ ื‘ื ื™ ืคืœื•ื ื™ืช


When they disagree, it is a case where they are brothers both from their father and from their mother. The one who permits the marriage claims that we trace them after their father. Their paternal lineage is followed, since they are called the sons of so-and-so, their father. Since they are recognized by their paternal lineage, it is well known that they are considered unrelated, and there is no concern that people will infer that a man may marry his sister-in-law. And Rav Sheshet maintains that they are also called the sons of so-and-so, their mother. Therefore, this concern does exist, as it is not common knowledge that a convert is considered reborn and unrelated to his motherโ€™s family.


ื•ืื™ื›ื ื“ืืžืจ ืคืœื™ื’ ืจื‘ ืื—ื ื‘ืจ ื™ืขืงื‘ ืืคื™ืœื• ื‘ืื—ื™ืŸ ืžืŸ ื”ืื ื•ืžืื™ ื˜ืขืžื ื’ืจ ืฉื ืชื’ื™ื™ืจ ื›ืงื˜ืŸ ืฉื ื•ืœื“ ื“ืžื™


And some say a different version of this dispute: Rav Aแธฅa bar Yaโ€™akov disagrees with Rav Sheshet, even with regard to maternal half brothers. And what is the reasoning behind this opinion? The legal status of a convert who just converted is like that of a child just born, and all his previous family relationships are disregarded, whether from his fatherโ€™s side or from his motherโ€™s side.


ืชื ืŸ ื”ื’ื™ื•ืจืช ืฉื ืชื’ื™ื™ืจื• ื‘ื ื™ื” ืขืžื” ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ืžืื™ ื˜ืขืžื ืœืื• ืžืฉื•ื ื“ืืกื™ืจื™ ืœื ื“ืื™ื ื” ื‘ืชื•ืจืช ื—ืœื™ืฆื” ื•ื™ื™ื‘ื•ื ื•ืฉืจื™ื ืœืขืœืžื ื•ืื™ื ื”ื• ื ืžื™ ืฉืจื•


We learned in the mishna: With regard to a female convert whose sons converted with her, they do not perform แธฅalitza with each otherโ€™s wives, and they do not perform levirate marriage with them. What is the reason that they may not perform levirate marriage? Is it not because they are prohibited from marrying them, contrary to Rav Aแธฅa bar Yaโ€™akovโ€™s opinion? The Gemara answers: No, the mishna means that these wives are not included in the law of แธฅalitza and levirate marriage, as they are considered unrelated, and each wife is therefore permitted to marry anyone. And they, too, are permitted to marry her.


ื•ื”ื ืงืชื ื™ ืืคื™ืœื• ืื™ ืืžืจืช ื‘ืฉืœืžื ืืกื™ืจื™ ื”ื™ื™ื ื• ื“ืงืชื ื™ ืืคื™ืœื• ื“ืืฃ ืขืœ ื’ื‘ ื“ืจืืฉื•ืŸ ื”ื•ืจืชื• ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื”ืฉื ื™ ื”ื•ืจืชื• ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื›ืฉืชื™ ืืžื”ื•ืช ื“ืžื• ืืคื™ืœื• ื”ื›ื™ ืืกื™ืจื™ ืืœื ืื™ ืืžืจืช ืฉืจื• ืžืื™ ืืคื™ืœื•


The Gemara asks: But doesnโ€™t the mishna teach that this is so even if the mother converted while pregnant with the first son, and the second converted independently? Granted, if you say that they are prohibited from marrying each otherโ€™s wives, this explanation is consistent with that which is taught: Even so they are prohibited from marriage. Although the first son was not conceived in sanctity and only his birth was in sanctity, whereas the second was both conceived and born in sanctity, and therefore they are like the sons of two different mothers, even so they are prohibited from performing levirate marriage with their sisters-in-law. But if you say they are permitted to marry each otherโ€™s wives, what is the meaning of the word even?


ื“ืืฃ ืขืœ ื’ื‘ ื“ืชืจื•ื™ื™ื”ื• ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ื•ืืชื™ ืœืื™ื—ืœื•ืคื™ ื‘ื™ืฉืจืืœ ืืคื™ืœื• ื”ื›ื™ ืฉืจื™


The Gemara answers: The mishna means that although both of them were born in sanctity, and people might come to confuse them with Jews from birth, who may not marry their sisters-in-law, nevertheless they are permitted to marry each otherโ€™s wives.


ืื™ื›ื ื“ืืžืจื™ ื”ื›ื™ ื ืžื™ ืžืกืชื‘ืจื ื“ืฉืจื• ื“ืงืชื ื™ ืืคื™ืœื• ืื™ ืืžืจืช ื‘ืฉืœืžื ืฉืจื• ื”ื™ื™ื ื• ื“ืงืชื ื™ ืืคื™ืœื• ื“ืืฃ ืขืœ ื’ื‘ ื“ืชืจื•ื™ื™ื”ื• ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ื“ืืชื™ ืœืื™ื—ืœื•ืคื™ ื‘ื™ืฉืจืืœ ืืคื™ืœื• ื”ื›ื™ ืฉืจื• ืืœื ืื™ ืืžืจืช ืืกื™ืจื™ ืžืื™ ืืคื™ืœื•


There are those who say a different version of this inference: So too, it is reasonable that they are permitted to marry their sisters-in-law, as the mishna teaches: Even if the mother converted while pregnant. Granted, if you say that they are permitted, this explanation is consistent with that which is taught: Even so they are permitted. Although both of them were born in sanctity, and people might come to confuse them with Jews from birth, nevertheless, they are permitted. But if you say that they are prohibited, what is the meaning of the word even?


ื“ืืฃ ืขืœ ื’ื‘ ื“ืจืืฉื•ืŸ ื”ื•ืจืชื• ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื•ื”ืฉื ื™ ื”ื•ืจืชื• ื•ืœื™ื“ืชื• ื‘ืงื“ื•ืฉื” ื“ื›ืฉืชื™ ืืžื”ื•ืช ื“ืžื™ ืืคื™ืœื• ื”ื›ื™ ืืกื™ืจื™


The Gemara answers: The mishna means that although the first son was not conceived in sanctity and only his birth was in sanctity, whereas the second was both conceived and born in sanctity, so that they are like the sons of two mothers, nevertheless, they are prohibited from marrying each otherโ€™s wives.


ืชื ืฉืžืข ืฉื ื™ ืื—ื™ื ืชืื•ืžื™ื ื’ืจื™ื ื•ื›ืŸ ืžืฉื•ื—ืจืจื™ื ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ื•ืื™ืŸ ื—ื™ื™ื‘ื™ืŸ ืžืฉื•ื ืืฉืช ืื— ื”ื™ืชื” ื”ื•ืจืชืŸ ืฉืœื ื‘ืงื“ื•ืฉื” ื•ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ืœื ื—ื•ืœืฆื™ืŸ ื•ืœื ืžื™ื™ื‘ืžื™ืŸ ืื‘ืœ ื—ื™ื™ื‘ื™ืŸ ืžืฉื•ื ืืฉืช ืื— ื”ื™ืชื” ื”ื•ืจืชืŸ ื•ืœื™ื“ืชืŸ ื‘ืงื“ื•ืฉื” ื”ืจื™ ื”ืŸ ื›ื™ืฉืจืืœื™ื ืœื›ืœ ื“ื‘ืจื™ื”ืŸ ืงืชื ื™ ืžื™ื”ืช ืื™ืŸ ื—ื™ื™ื‘ื™ืŸ ืžืฉื•ื ืืฉืช ืื— ื—ื™ื•ื‘ื ืœื™ื›ื


The Gemara cites another proof. Come and hear: Two twin brothers who are converts, and similarly twin brothers who are freed slaves, do not perform แธฅalitza for each otherโ€™s wives, and they do not perform levirate marriage with them, and if they engage in intercourse with them they are not liable to receive karet for engaging in intercourse with a brotherโ€™s wife. If they were not conceived in sanctity and only their birth was in sanctity, they do not perform แธฅalitza or levirate marriage, but they are liable for engaging in intercourse with a brotherโ€™s wife. If they were conceived and born in sanctity, they are like Jews from birth in all of their matters. In any event, the baraita is teaching that regular converts are not liable for engaging in intercourse with a brotherโ€™s wife. It can be inferred that while there is no liability by Torah law,

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