Our Rabbis taught: A man must sometimes submit to halizah from his mother1 owing to an uncertainty; from his sister, owing to an uncertainty: and from his daughter, owing to an uncertainty'. For instance?2 If his mother and another woman had two male children, and then gave birth to two male children3 in a hiding place;4 and a son5 of the one mother6 married the mother7 of the other son while the son8 of the other mother6 married the mother of the first, and both9 died without issue, the one10 must submit to halizah from both women11 and the other10 must submit to halizah from both women.11 Thus it follows that each submits to halizah from his mother owing to an uncertainty. 'From his sister. owing to an uncertainty'; for instance?2 When his mother and another woman gave birth to two female children12 In a hiding place,13 and their brothers14 who were not from the same mother15 married them16 and died without issue, he17 must submit to halizah from both widows.18 Thus it follows that a man submits to halizah from his sister owing to an uncertainty. 'From his daughter, owing to an uncertainty'; for instance?19 When his wife and another woman gave birth to two female children20 in a hiding place,21 and their22 [husbands'] brothers23 married them16 and died without issue, the one [father]24 submits to halizah from his daughter25 owing to the uncertainty and the other [father]24 submits to halizah from his daughter25 owing to the uncertainty.26 It was taught: R. Meir said, A husband and wife may sometimes produce five different castes.27 How? If an Israelite bought a bondman and a bondwoman in the market, and these had two sons28 one of whom became a proselyte, the result is that one is a proselyte and the other is an idolater.29 If [subsequently] he made them30 perform the prescribed immersion for the purpose of slavery and then they cohabited with one another [and bore a son], behold here we have a proselyte, an idolater and a slave.31 If he subsequently emancipated the bondwoman32 and the slave cohabited with her [and had another son], behold here33 we have a proselyte, an idolater, a slave and a bastard.34 If he then emancipated both of them30 and made them marry one another, behold here35 we have a proselyte, an idolater, a slave, a bastard and an Israelite.36 What does this teach us? — That when an idolater or a slave cohabits with an Israelitish woman their child is a bastard.37 Our Rabbis taught: Sometimes a man sells his father to enable his mother to collect her kethubah. How? If an Israelite bought in the market a bondman and a bondwoman who had a son,38 and having emancipated the bondwoman he married her and bequeathed, in writing, all his estate to her son, the result is that this son39 sells his father40 in order to enable his mother41 to collect her kethubah.42 What does this teach us? — That all this [Baraitha43 represents the views of] R. Meir. and that a slave [is regarded as] movable property, such property being mortgaged for a kethubah!44 And if you prefer I might say. It is this that we were taught: A slave [is on the same footing as] real estate.45
MISHNAH. IF THE CHILD OF A WOMAN WAS INTERCHANGED WITH THE CHILD OF HER DAUGHTER-IN-LAW. AND WHEN THE INTERCHANGED CHILDREN GREW UP THEY TOOK WIVES AND THEN DIED,46 THE [OTHER] SONS OF THE DAUGHTER-IN-LAW47 SUBMIT TO HALIZAH48 BUT MAY NOT CONTRACT LEVIRATE MARRIAGE.49 FOR [IN THE CASE OF EACH WIDOW AND BROTHER] IT IS UNCERTAIN WHETHER SHE IS THE WIFE OF HIS BROTHER50 OF THE WIFE OF HIS FATHER'S BROTHER.51 THE [OTHER] SONS OF THE GRANDMOTHER52 EITHER SUBMIT TO HALIZAH53 OR CONTRACT LEVIRATE MARRIAGE,54 SINCE [IN THE CASE OF EACH WIDOW AND BROTHER] THE ONLY DOUBT IS WHETHER SHE IS THE WIFE OF HIS BROTHER55 OR THE WIFE OF HIS BROTHER'S SON.55 IF THE UNTAINTED SONS56 DIED,57 THEN THE INTERCHANGED SONS SUBMIT [IN RESPECT OF THE WIDOWS] OF THE SONS OF THE GRANDMOTHER TO HALIZAH BUT MUST NOT CONTRACT54 THE LEVIRATE MARRIAGE. SINCE [IN THE CASE OF EACH WIDOW AND BROTHER] IT IS UNCERTAIN WHETHER SHE IS THE WIFE OF HIS BROTHER55 OR THE WIFE OF HIS FATHER'S BROTHER;58 [WHILE IN RESPECT OF THE WIDOWS] OF THE SONS OF THE DAUGHTER-IN- LAW ONE59 SUBMITS TO HALIZAH60 AND THE OTHER59 [MAY ALSO] CONTRACT THE LEVIRATE MARRIAGE.61 IF THE CHILD OF A PRIEST'S WIFE WAS INTERCHANGED WITH THE CHILD OF HER BONDWOMAN, BEHOLD BOTH MAY EAT TERUMAH62 AND RECEIVE ONE SHARE AT THE THRESHINGFLOOR63
Yebamoth 99bTHEY MAY NOT DEFILE THEMSELVES FOR THE DEAD1 NOR MAY THEY MARRY ANY WOMEN WHETHER THESE ARE ELIGIBLE [FOR MARRIAGE WITH A PRIEST]2 OR INELIGIBLE.3 IF WHEN THEY4 GREW UP, THE INTERCHANGED CHILDREN EMANCIPATED ONE ANOTHER THEY MAY MARRY WOMEN WHO ARE ELIGIBLE FOR MARRIAGE WITH A PRIEST5 AND THEY MAY NOT DEFILE THEMSELVES FOR THE DEAD.6 IF, HOWEVER, THEY DEFILED THEMSELVES, THE PENALTY OF FORTY STRIPES7 IS NOT INFLICTED UPON THEM.8 THEY MAY NOT EAT TERUMAH,9 BUT IF THEY DID EAT THEY NEED NOT PAY COMPENSATION EITHER FOR THE PRINCIPAL OR [THE ADDITIONAL] FIFTH.10 THEY ARE NOT TO RECEIVE A SHARE11 AT THE THRESHING-FLOOR, BUT THEY MAY SELL [THEIR OWN] TERUMAH12 AND THE PROCEEDS ARE THEIRS.13 THEY RECEIVE NO SHARE IN THE CONSECRATED THINGS OF THE TEMPLE,14 AND NO CONSECRATED THINGS15 ARE GIVEN TO THEM. BUT THEY ARE NOT DEPRIVED OF THEIR OWN.13 THEY ARE EXEMPT FROM [GIVING TO ANY PRIEST] THE SHOULDER, THE CHEEKS AND THE MAW,16 WHILE THE FIRSTLING OF EITHER OF THEM MUST REMAIN IN THE PASTURE13 UNTIL IT CONTRACTS A BLEMISH.17 THE RESTRICTIONS RELATING TO PRIESTS AND THE RESTRICTIONS RELATING TO ISRAELITES ARE BOTH IMPOSED UPON THEM.18
GEMARA. IF THE UNTAINTED SONS DIED etc.; are, then, the others,19 because they were mixed up, tainted! — R. Papa replied: Read, 'If those [whose parentage was] certain died'. [IN RESPECT, HOWEVER, OF THE WIDOWS] OF THE SONS OF THE DAUGHTER-IN-LAW ONE SUBMITS TO HALIZAH etc. Only halizah [must take place first] and the levirate marriage afterwards. The levirate marriage, however, must not take place first; since thereby one might infringe the prohibition against a sister-in-law's marriage with a stranger.20 [IF THE CHILD OF] A PRIEST'S WIFE WAS INTERCHANGED etc. Obviously only ONE SHARE!21 — Read 'ONE SHARE together'.22 Here we learn [a thing] which is in agreement with him who ruled that no share of terumah is given to a slave unless his master is with him.23 For it was taught: No share in terumah is given to a slave unless his master is with him; so R. Judah. R. Jose, however, ruled: The slave24 may claim, 'If I am a priest, give me for my own sake; and if I am a priest's slave, give me for the sake of my master'. In the place of R. Judah, [men of doubtful status] were raised to the status of priesthood25 [on the evidence that they received a share] of terumah.26 In the place of R. Jose, however, no one was raised to the status of priesthood [on the evidence of having received a share] of terumah.27 It was taught: R. Eleazar b. Zadok said, 'During the whole of my lifetime I have given evidence but once, and through my statement they raised a slave to the priesthood'. 'They raised'? Is [such an error] conceivable! If through the beasts of the righteous the Holy One, blessed be He, does not cause an offence to be committed, how much less through the righteous themselves! — Rather, read. 'They desired to raise a slave to the priesthood, through my statement'. He witnessed [the occurrence]28 in the place of R. Jose. but went and tendered his evidence in the place of R. Judah.29 Our Rabbis taught: Ten [classes of people] must not be given a share of terumah at the threshing-floors. They are the following: The deaf,30 the imbecile, the minor, the tumtum,31 the hermaphrodite the slave, the woman,32 the uncircumcised,33 the levitically unclean, and he who married a woman who is unsuitable for him.34 In the case of all these, however, [terumah] may be sent to their houses, with the exception35 of the one who is levitically unclean and one who married a woman who is unsuitable for him.36 Now, one can well understand [the prohibition37 in respect of] the deaf, the imbecile and the minor, since they lack intelligence;38 [in respect of] the tumtum and the hermaphrodite also,39 - To Next Folio -
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