יבמות 35:1 — Soncino English Talmud

the Rabbis having made the provision in the case of a minor as a precaution against one who is of age. But is provision made in the case of a minor as a precaution against one who is of age? Surely we learnt, IF THEY WERE MINORS INCAPABLE OF BEARING CHILDREN THEY MAY BE RESTORED AT ONCE! — R. Giddal replied: This was a special ruling. Does this imply that such a case had actually occurred! — Rather [this is the meaning:] It was like a special ruling, since the exchange of brides is an unusual occurrence. [Others adopt] a different reading: Samuel said: All these women, with the exception of a proselyte and an emancipated slave who were of age, must wait three months. An Israelitish minor, however, need not wait three months. But how [was she separated]? If by a declaration of refusal, Surely Samuel has already stated this one! And if by a letter of divorce, Samuel surely stated that she must wait! For Samuel said: If she exercise her right of refusal against him, she need not wait three months; if he gave her a letter of divorce she must wait three months! [It was] rather in respect of harlotry, and harlotry with a minor an unusual occurrence. Let, however, a preventive measure be made in respect of a proselyte and an emancipated slave with whom harlotry is not unusual! — He holds the same view as R. Jose. For it was taught: Proselytes, captives or slaves who were redeemed, or embraced the Jewish faith or were emancipated, must wait three months; so R. Judah. R. Jose permits immediate betrothal and marriage. Rabbah said: What is R. Jose's reason? He is of the opinion that a woman who plays the harlot makes use of an absorbent in order to prevent conception. Said Abaye to him: This is intelligible in the case of a proselyte; as her intention is to embrace the Jewish faith she is careful in order to know the distinction between the seed that was sown in holiness and the seed that was sown in unholiness. It is also [intelligible In the case of] a captive and a slave; since on hearing from their masters they exercise care. How is this to be applied. however, in the case of one who is liberated through the loss of a tooth or an eye? And were you to suggest that wherever something unexpected happens R. Jose admits, surely it was taught: A woman who had been outraged or seduced must wait three months; so R. Judah. R. Jose permits immediate betrothal and marriage! — Rather, said Abaye, a woman playing the harlot turns over In order to prevent conception. And the other? -There is the apprehension that she might not have turned over properly. IF THEY WERE PRIESTLY WOMEN etc. Only priestly women but not an Israelitish woman? -Read, 'If they were the wives of priests'. Only' 'priests' wives,' but not Israelites' wives? Surely R. Amram said, 'The following statement was made to us by R. Shesheth who threw light on the subject from our Mishnah: An Israelite's wife who was outraged, though she is permitted to her husband, is disqualified from the priesthood. — Raba replied: It is this that was meant: IF THEY WERE PRIESTLY WOMEN married to Israelites THEY ARE DISQUALIFIED from eating terumah at their parents' home.^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ

^ᵃnote:That three months must be allowed to pass.
^ᵇnote:Though she is not capable of conception.
^ᶜnote:A proselyte and an emancipated slave who were minors are, however, exempt. because, being cases of rare occurrence, no preventive measure is required.
^ᵈnote:The ordinance in our Mishnah.
^ᵉnote:[H] lit., 'a ruling of the hour'.
^ᶠnote:But our Mishnah, 'IF THEY WERE MINORS etc. Obviously speaks of a contingency and not of a fact.
^ᵍnote:And no preventive measure is. therefore, necessary.
^ʰnote:Enumerated infra 41a, 42b.
^ⁱnote:Before they are allowed to marry again.
^ʲnote:Mi'un, v. Glos.
^ᵏnote:That in such circumstances she need not wait three months.
^ˡnote:A minor.
^ᵐnote:Three months.
^ⁿnote:To avoid conception and the mingling of legitimate with illegitimate children.
^ᵒnote:In the original the noun is in the sing.
^ᵖnote:Keth. 372.
^ᵠnote:Rabbah's explanation.
^ʳnote:Cf. supra note 1; and has always some absorbent in readiness.
^ˢnote:Of their impending liberation.
^ᵗnote:Cf. supra notes 1 and 5.
^ᵘnote:V. Ex. XXI, 26, where the liberation of the slave comes suddenly. and no previous care would have been exercised by her.
^ᵛnote:Lit., 'of itself', when the woman was not likely to have been prepared with an absorbent.
^ʷnote:That a waiting period of three months must be allowed.
^ˣnote:Cur. edd., 'we learned'.
^ʸnote:Which shews that even when the unexpected happens R. Jose requires no waiting period!
^ᶻnote:The reading in Keth. 372 is 'Rabbah'. Others, 'Raba' (v. Alfasi).
^ᵃᵃnote:Keth. loc. cit. No absorbent is needed. Similarly in the case of a liberated captive or slave. Hence no waiting period is required.
^ᵃᵇnote:Why then does he require a waiting period?
^ᵃᶜnote:And conception might have taken place. V. Keth. loc. cit.
^ᵃᵈnote:Lit., 'yes'.
^ᵃᵉnote:The wife of a priest. Surely she also is forbidden to her husband!
^ᵃᶠnote:V. previous note.
^ᵃᵍnote:Are forbidden to marry priests.
^ᵃʰnote:Who were priests' daughters.
^ᵃⁱnote:Lit., 'and lit up our eyes'.
^ᵃʲnote:I.e., the Mishnah infra 53b which was under discussion.
^ᵃᵏnote:A priest's daughter who on the death of her husband returns to her father's house and is permitted again to eat terumah. V. Lev. XXII, 12-13.
^ᵃˡnote:Infra 56af. She may not marry a priest even after the death of her husband.
^ᵃᵐnote:By our Mishnah.
^ᵃⁿnote:I.e., daughters of priests.
^ᵃᵒnote:PRIESTHOOD in our Mishnah referring to the right of eating terumah on their return to their parents' home in their widowhood (v. Lev. XXII, 13). V. supra n. 8, and the reading of cur. edd. supra p. 211, n. 8.