Soncino English Talmud
Yevamot
Daf 105b
Rab Judah stated in the name of Rab: This is the view of R. Meir; but the Sages maintain that the halizah of a minor has no effect at all. [A SISTER-IN-LAW] WHO PERFORMED HALIZAH WHILE SHE WAS A MINOR etc. Rab Judah stated in the name of Rab: This is the view of R. Meir who stated, 'In the Pentateuchal section [of halizah] the expression man is used, and the woman is to be compared to the man'. The Sages, however, maintain that in the Pentateuchal section 'man' was written; [and as to] a woman, whether she is of age or a minor [her halizah is valid]. Who [is the Tanna here described as the] Sages? — It is R. Jose. For R. Hiyya and R. Simeon b. Rabbi once sat together, when one of them began as follows: A man who offers up his prayers must direct his eyes towards [the Temple] below, for it is said, And Mine eyes and Mine heart shall be there perpetually. And the other said: The eyes of him who offers up prayers shall be directed towards [the heavens] above, for it is said Let us lift up our heart with our hand. In the meanwhile they were joined by R. Ishmael son of R. Jose. 'On what subject are you engaged?' he asked them. 'On the subject of prayer', they replied. 'My father', he said to them, 'ruled thus: A man who offers up his prayers must direct his eyes to the [Sanctuary] below and his heart towards [the heavens] above so that these two Scriptural texts may be complied with.' While this was going on, Rabbi entered the academy. They, being nimble, got into their places quickly. R. Ishmael son of R. Jose, however, owing to his corpulence could only move to his place with slow steps. 'Who is this man, cried Abdan out to him, 'who strides over the heads of the holy people!' The other replied. 'I am Ishmael son of R. Jose who have come to learn Torah from Rabbi'. 'Are you, forsooth, fit', the first said to him, 'to learn Torah from Rabbi?' — 'Was Moses fit', the other retorted, 'to learn Torah from the lips of the Omnipotent!' 'Are you Moses indeed!' the first exclaimed. — 'Is then your Master a god!' the other retorted. R. Jose remarked: Rabbi got what he merited when the one said to the other 'Your Master' and not 'my Master'. While this was proceeding a sister-in-law came before Rabbi. 'Go out', said Rabbi to Abdan, 'and have her examined'. After the latter went out, R. Ishmael said to him: Thus said my father, 'In the Pentateuchal section man is written; [but as to] a woman, whether she is of age or a minor [her halizah is valid]'. 'Come back', he cried after him, 'you need not [arrange for any examination]; the grand old man has already given his decision [on the subject]'. Abdan now came back picking his steps, when R. Ishmael son of R. Jose exclaimed, 'He of whom the holy people is in need may well stride over the heads of the holy people; but how dare he of whom the holy people has no need stride over the heads of the holy people!' 'Remain in your place', said Rabbi to Abdan. It was taught: At that instant Abdan became leprous, his two sons were drowned and his two daughters-in-law made declarations of refusal. 'Blessed be the All Merciful', said R. Nahman b. Isaac, 'who has put Abdan to shame in this world'. 'We may learn from the words of this eminent scholar', said R. Ammi, 'that [a sister-in-law who is] a minor may perform halizah while she is still in her childhood'. Raba said: [She must wait with halizah] until she has reached the age of [valid] vows. The law however, is [that she must not perform halizah] until she has produced two [pubic] hairs. IF [A SISTER-IN-LAW] PERFORMED HALIZAH IN THE PRESENCE OF TWO etc. R. Joseph b. Manyumi stated in the name of R. Nahman: The halachah is not in agreement with this pair. But, surely. R. Nahman had once stated this; for R. Joseph b. Manyumi stated in the name of R. Nahman: The halachah is that halizah [must be performed] in the presence of three [judges]! — [Both are] required: For if the first only had been stated, it might have been assumed [that three judges are required] ab initio only. but that ex post facto even two [judges are enough] hence we were taught that 'the halachah is not in agreement with this pair'. And if we had been taught that 'the halachah is not in agreement with this pair' but in accordance with the ruling of the first Tanna, it might have been assumed [that this applies only] ex post facto, but that ab initio five [judges] are required, [hence the former statement was also] required. IT ONCE HAPPENED THAT A MAN SUBMITTED TO HALIZAH etc. PRIVATELY BETWEEN HIMSELF AND HERSELF! How, then, can we know it? — Rab Judah replied in the name of Samuel: When witnesses observed it from without. The question was raised: Did it happen that the HALIZAH was performed privately BETWEEN HIMSELF AND HERSELF outside, AND THE CASE WAS BROUGHT BEFORE R. AKIBA IN PRISON, or perhaps it happened that the HALIZAH was performed BETWEEN HIMSELF AND HERSELF in prison? — Rab Judah replied in the name of Rab: The incident occurred in prison and the case also came up for decision in prison.