From this it clearly follows that a wife's sister, whether she is paternal or maternal, is forbidden.1 Whence, however, is this derived? — Deduction is made from one's sister; as a sister [is forbidden] whether she is paternal or maternal, so here also2 whether she is paternal or maternal. But let the deduction3 be made from one's aunt; as one's aunt [is forbidden only when she is] paternal4 and not when maternal, so here3 also [the prohibition should apply when she is] paternal and not when maternal! — It stands to reason that the deduction should be made from one's sister, since [laws concerning] his own relatives5 [should be inferred] from [laws concerning others of] his own relatives.6 On the contrary! Deduction7 should have been made from one's aunt, since a relationship effected through betrothal8 [should be inferred] from one effected through betrothal!9 — The deduction7 is rather made from a brother's wife, since her relationship10 is through betrothal, and she is of his own relatives. Whence, however, is [the law concerning] a brother's wife herself derived? — From what was taught: Thou shalt not uncover the nakedness of thy brother's wife,11 whether he is paternal or maternal. You say, 'Whether he is paternal or maternal', perhaps it is not so, but only when paternal and not when maternal? This is a matter of logical argument: He is subject to a penalty here12 and he is also subject to penalty [for intercourse] with his sister; as [the prohibition of] his sister applies whether she is paternal or maternal, so here also12 [the prohibition applies] whether he13 was paternal or maternal. But might it not be argued14 thus: He is subject to a penalty here12 and he is also subject to penalty [for intercourse] with his aunt. As therefore [the prohibition of] his aunt applies only when she is paternal15 and not when only maternal, so here12 also [the prohibition applies only when he13 is] paternal and not when only maternal! Let us observe whom the case16 more closely resembles. Deduction concerning one's own relatives should be made from one's own relatives, and let no proof be adduced from one's aunt whose relationship is due to his father. But might it not be argued as follows:14 Deduction should be made concerning a relationship which is due to betrothal16 from a relationship that is due to betrothal,17 but let no proof be adduced from a sister the prohibition of whom is natural!18 — For this reason19 it was specifically stated in Scriptures, It is thy brother's nakedness,20 implying21 whether he is paternal or only maternal. Might it not be suggested that the one as well as the other22 speaks of the wife of a paternal brother, the one referring to a brother's wife who had children during the lifetime of her husband,23 while the other refers to a brother's wife who had no children during the lifetime of her husband! — The case of one who had no children during the lifetime of her husband may be deduced from the statement of R. Huna.24 Might not both25 still speak of the wife of a paternal brother, the one referring to a brother's wife who had children during the lifetime of her husband and the other to one who had children after the death of her husband! — The case of one who had children after the death of her husband requires no Scriptural text; for since the All Merciful said that she who had no children was permitted, it is obvious that if she had children she is forbidden. Is it not possible that she who has no children is forbidden to all men but permitted to the levir while she who has children is permitted both to all men and to the levir! Or else: If she has no children it is a commandment26 but if she has children it is optional! Or else: [Though indeed] the levir may marry her if27 she has no children but he may not if she has children, yet [as the prohibition28 is] a negative commandment that is derived from a positive one29 it has only the force of a positive commandment!30 — For this reason Scripture wrote another text,31 He hath uncovered his brother's nakedness.32 But might it be said that the wife of a maternal brother is like the wife of a paternal brother, and that as the wife of a paternal brother is permitted33 after the death of her husband, so is also the wife of a maternal brother34 permitted after the death of her husband! — Scripture said, She is,35 she retains her status.36 What need was there to specify the penalty of kareth for intercourse with one's sister?37 — To infer a ruling like that of R. Johanan. For R. Johanan stated: If one committed all these offences38 in one state of unawareness, he is liable for every one of them.39 According to R. Isaac, however, who stated, 'All those who are subject to the penalty of kareth were included in the general rule; and why was the penalty of kareth for [intercourse with] a sister stated separately? In order to indicate that his40 penalty is kareth and not flogging',41 whence is the division42 deduced? — It is deduced from, And unto a woman … as long as she is impure by her uncleanness,43 that guilt is incurred for every single woman.44 For what purpose did the All Merciful write, They shall be child less45 in the case of one's aunt?46 — It is required for an exposition like that of Rabbah. For Rabbah pointed out the following contradiction: It is written, They shall be childless,45 and it is also written, They shall die childless!47 How [are these two versions to be reconciled]? If he has children he will bury them; if he has no children, he will be childless.48 And it was necessary to write They shall be childless,45 and it was also necessary to write, They shall die childless.47 For had the All Merciful written only, They shall be childless,45 it might have been assumed to refer to children born before the offence49 but not to those born subsequent to the offence,50 hence the All Merciful wrote, They shall die childless.47 And had the All Merciful written, They shall die childless,47 it might have been assumed to refer to those born subsequent to the offence,51 but not to those who were born previously,50 [hence both texts were] required. Whence [is the prohibition of] the first stage among those who are subject to the penalty of negative commandments52 to be inferred? — As the All Merciful specified carnally53 in the case of a designated54 bondmaid,55 it may be inferred that among all the others who are subject to the penalty of negative commandments,56 the first stage by itself constitutes the offence.57 On the contrary! As the All Merciful specified the first stage in the case of those who are subject to the penalty of kareth,58 it may be inferred that among those who are subject to the penalty of negative commandments consummation only constitutes the offence! — R. Ashi replied: If so,59 Scripture should have omitted [the reference]60 in the case of the designated handmaid.61 Whence [is the prohibition of] the first stage inferred in the case of offences for which priests alone are subject to the penalty of negative commandments?62 — This is arrived at by an analogy between the expressions of 'taking'.63 Whence [is the prohibition64 in respect of] those who are subject65 to the penalty of a positive commandment66 inferred?
Yebamoth 55b— It is arrived at by an analogy between the two expressions of 'coming'.1 Whence [the prohibition of a yebamah]2 to a stranger?3 — If [one follows] him who holds that it4 is a negative precept,5 [it |
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would be subject to the same restrictions as any other] negative precept;6 if [one follows] him who holds that it7 is a positive precept,8 [it would be subject to the same restrictions as any other] positive precept.6 Whence, however, [its9 force10 in respect of] the yebamah and the levir? — It is arrived at by the analogy between the two expressions of 'coming'.11
Whence [its9 force12 in respect of the kinyan], between husband and wife? — It is arrived at by comparison between the expressions of 'taking'.13 Raba said: For what purpose did the All Merciful write 'carnally' in connection with the designated bondmaid,14 a married woman,15 and a sotah?16 That in connection with the designated bondmaid [is required] as has just been explained.17 That in connection with a married woman excludes intercourse with a relaxed membrum.18 This is a satisfactory interpretation in accordance with the view of him who maintains that if one cohabited with forbidden relatives with relaxed membrum he is exonerated;19 what, however, can be said, according to him who maintains [that for such an act one is] guilty? — The exclusion is rather that of intercourse with a dead woman.20 Since it might have been assumed that, as [a wife], even after her death, is described as his kin,21 one should be guilty for [intercourse with] her [as for that] with a married woman, hence we were taught [that one is exonerated]. What was the object of that22 of the sotah? — Such as was taught: Carnally22 excludes [the case where the husband's warning was] concerning something else. What is meant by 'something else'? R. Shesheth replied: The exclusion is the case where he warned her concerning unnatural intercourse. Said Raba to him: The text reads, As with womankind!23 — Rather, said Raba, the exclusion is the case where the husband's warning concerned lecherous contact of her limbs. Said Abaye to him: Has the All Merciful forbidden [a wife to her husband] because of obscenity?24 — Rather, said Abaye, the exclusion is the case where the husband's warning was concerning superficial contact.25 This is a satisfactory explanation according to him who maintains that the first stage of contact26 is the insertion of the corona;27 what can be said, however, according to him who maintains that it28 is the superficial contact!29 — The exclusion is rather the case where he warned her concerning lecherous contact of her limbs; but30 it was necessary [to state it, because] it might have been assumed that, as the All Merciful has made the prohibition31 dependent on the objection of the husband,32 [the woman should here be forbidden] since he objected,33 hence we were taught [that such a case is excluded]. Samuel stated: The first stage is constituted by superficial contact.25 This may be compared to a man who puts his finger to his mouth; it is impossible for him not to press down the flesh. When Rabbah b. Bar Hana came34 he stated in the name of R. Johanan: Consummation in the case of a designated bondmaid is constituted by the insertion of the corona. R. Shesheth raised an objection: 'Carnally35 implies that guilt is incurred only when intercourse was accompanied by friction';36 does not this refer to friction of the membrum! — No; friction of the corona. When R. Dimi came34 he stated in the name of R. Johanan: The first stage is constituted by the insertion of the corona. They said to him: But, surely, Rabbah b. Bar Hana did not say so! — He replied: Then either he is the story-teller37 or I.38 When Rabin came34 he stated in the name of R. Johanan, 'The first stage is constituted by the insertion of the corona'. He is certainly in disagreement with the report of Rabbah b. Bar Hana.39 Must it be said, however, that he differs also from Samuel?40 — No; [the entire process] from the superficial contact until the insertion of the corona is described as the first stage.41 When R. Samuel b. Judah came34 he stated in the name of R. Johanan, 'The first stage is constituted by the insertion of the corona; and the final stage, by actual consummation. - To Next Folio -
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