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יבמות 80
Soncino English Talmud · Berean Standard Bible
who has not experienced a moment [of life] in a state of fitness. How could this be ascertained? — Abaye replied: [By observing whether] when he urinates no arch is formed. What are the causes? — That the child's mother baked at noon and drank strong beer. R. Joseph said: It must have been such a saris of whom I heard Ammi saying. 'He who is afflicted from birth', and I did not know [at the time] to whom he was referring. But should we not take into consideration the possibility that he might have recovered in the meantime! — Since he suffered from affliction in his early as well as in his later life, no [possible interval of recovery] need be taken into consideration R. Mari raised an objection: R. Hanina b. Antigonos stated, 'It is to be examined three times in eighty days'! — Precautions are to be taken in respect of one limb; in respect of the entire body no such precautions need be taken. R. ELIEZER SAID: NOT SO etc. A contradiction may be pointed out: If at the age of twenty he did not produce two hairs, they must bring evidence that he is twenty years of age and he, being confirmed as a saris, neither submits to halizah nor performs the levirate marriage. If the woman at the age of twenty did not produce two hairs, they must bring evidence that she is twenty years of age and she, being confirmed as a woman who is incapable of procreation neither performs halizah nor is taken in levirate marriage; so Beth Hillel. But Beth Shammai maintain that with the one as well as with the other [this takes place at] the age of eighteen. R. Eliezer said. In the case of the male, the law is in accordance with Beth Hillel and in the case Of the female, the law is in accordance with Beth Shammai because a woman matures earlier than a man! Rami b. Dikuli replied in the name Of Samuel: R. Eliezer changed his view. The question was raised: From which statement did he withdraw? — Come and hear what was taught: R. Eliezer said. A congenital saris submits to halizah, and halizah is arranged for his wife, because cases of such a nature are cured in Alexandria in Egypt. R. Eleazar said: As a matter of fact he did not change his view at all, but that statement was taught in respect [of the age of] punishment. It was stated: If a person between the age of twelve years and one day and that of eighteen years ate forbidden fat, and after the marks of a saris had appeared, he grew two hairs. Rab ruled that the person is deemed to be a saris retrospectively. But Samuel ruled [that the person is regarded as] having been a minor at that time. R. Joseph demurred against Rab: According to R. Meir, a woman who is incapable of procreation should be entitled to a fine! — Abaye replied: She passes from her minority [directly] into adolescence. The other said to him: May all such fine sayings be reported in my name. For so it was taught: A saris is not tried as a stubborn and rebellious son, because no stubborn and rebellious son is tried unless he bears the mark of the pubic hair. Nor is a woman who is incapable of procreation tried as a betrothed damsel because from her minority she passes [directly] into adolescence. R. Abbahu stated: On [the basis of] the marks of a saris, of a woman incapable of procreation, and of an eight-[month] child no decision is made until they attain the age of twenty. Is, however, an eight-[month] child viable? Surely it was taught: An eight-month child is like a stone, and it is forbidden to move him; only his mother may bend over him and nurse him
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in order to avert danger! — Here we are dealing with one whose marks have not been developed. For it was taught: Who is an eight-month child? He whose months [of conception] have not been completed. Rabbi said: The marks, his hair and nails which were not developed, would indicate it. The reason then is because they were not developed, but had they been developed it would have been assumed that the child was a seven-month one only his [birth] was somewhat delayed. With reference, however, to the practical decision which Raba Tosfa'ah gave in the case of a woman whose husband had gone to a country beyond the sea and remained there for a full year of twelve months, where he declared the child legitimate, in accordance with whose [view did he act]? [Was it] in accordance with that of Rabbi who maintains that [birth] may be delayed! — Since R. Simeon b. Gamaliel also maintains that [birth may] be delayed. he acted in agreement with a majority. For it was taught: R. Simeon b. Gamaliel said: Any human child that lingers for thirty days can not be regarded as a miscarriage. Our Rabbis taught: Who is a congenital saris? Any person who is twenty years of age and has not produced two pubic hairs. And even if he produced them afterwards he is deemed to be a saris in all respects. And these are his characteristics: He has no beard, his hair is lank, and his skin is smooth. R. Simeon b. Gamaliel said in the name of R. Judah b. Jair: Any person whose urine produces no froth; some say: He who urinates without forming an arch; some say: He whose semen is watery; and some say: He whose urine does not ferment. Others say: He whose body does not steam after bathing in the winter season. R. Simeon b. Eleazar said: He whose voice is abnormal so that one cannot distinguish whether it is that of a man or of a woman. What woman is deemed to be incapable of procreation? — Any woman who is twenty years of age and has not produced two pubic hairs. And even if she produces them afterwards she is deemed to be a woman incapable of procreation in all respects. And these are her characteristics: She has no breasts and suffers pain during copulation. R. Simeon b. Gamaliel said: One who has no mons veneris like other women. R. Simeon b. Eleazar said: One whose voice is deep so that one cannot distinguish whether it is that of a man or of a woman. It was stated: As to the characteristics of a saris, R. Huna stated, [Impotency cannot be established] unless they are all present. R. Johanan, however, stated: Even if only one of them is present. Where two hairs were produced all agree that impotency cannot be established unless all characteristics are displayed. They only differ in the case where these were not produced. With reference, however, to what Rabbah b. Abbuha said to the Rabbis, 'Examine R. Nahman. and if his body steams I will allow him to marry my daughter'; in accordance with whose view [was he acting]? [Was it] according to R. Huna! — No; R. Nahman had some stray hairs. THE SARIS NEITHER SUBMITS TO HALIZAH NOR CONTRACTS THE LEVIRATE MARRIAGE, AND SO ALSO A WOMAN WHO IS INCAPABLE OF PROCREATION etc. The saris was mentioned in the same way as the woman who is incapable of procreation; as the woman's incapacity is due to an act of heaven so must that of the saris be an act of heaven; and this anonymous [Mishnah] is in agreement with R. Akiba who stated [that halizah applies] only to a man-made [saris but] not [to one afflicted] by the hand of heaven. IF A SARIS SUBMITTED TO HALIZAH FROM HIS SISTER-IN-LAW, HE DOES NOT THEREBY CAUSE HER TO BE DISQUALIFIED etc. The reason then [why when HE COHABITED WITH HER HE CAUSES HER TO BE DISQUALIFIED] is because he cohabited with her; another man, however, does not;
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