יבמות 57:2 — Soncino English Talmud

'The bridal chamber constitutes kinyan with ineligible women' and Samuel said, 'The bridal chamber does not constitute kinyan with ineligible women'. Raba said, We also learned a similar Baraitha: A girl who is three years of age and one day may be betrothed by cohabitation; if a levir cohabited with her, he has thereby acquired her; one incurs through her the guilt of intercourse with a married woman; she10 defiles her cohabitor in respect of his imparting defilement to the lower, as well as to the upper couch; if she was married to a priest she may eat terumah, and anyone ineligible who cohabited with her causes her ineligibility. Thus only a girl of the age of three years and one day, who is rendered ineligible by cohabitation, is also rendered ineligible through the bridal chamber; but a girl younger than three years and one day, who is not rendered ineligible by cohabitation, is not rendered ineligible through the bridal chamber either. This proves it. Rami b. Hama stated: [In regard to the question whether] the bridal chamber constitutes kinyan with ineligible women, we arrive at a difference of opinion between R. Meir and R. Eleazar and R. Simeon. ^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ

^ᵃnote:Lit., 'there is huppah' (v. Glos.), even if it was unaccompanied by any other form of betrothal such as money, deed, or cohabitation (Rashi). On huppah v. Kid., Sonc. ed. p. 5, n. 7,
^ᵇnote:To deprive the woman of her right to eat terumah where, as the daughter of a priest, she had previously been entitled to this privilege.
^ᶜnote:Whom one is not permitted to marry; a widow, e.g., to a High Priest or a divorcee to a common priest. On Rashi's interpretation which is followed here, both Rab and Samuel hold with R. Huna (v. Kid. 3a) that huppah by itself constitutes kinyan. They differ, however, in the case of ineligible women, Samuel being of the opinion that huppah with them constitutes no kinyan, since it does not allow them to enter into marital union. Rabbenu Tam, on the other hand, explains huppah here as having been preceded by kiddushin and with reference to the last clause of our Mishnah, the point at issue being whether with ineligible women it is considered nissu'in disqualifying the widow, or erusin; v. Tosaf s.v. [H].
^ᵈnote:If unaccompanied by any other forms of matrimonial kinyan. V. supra n. 11.
^ᵉnote:From which the ruling on which Rab and Samuel are in agreement may he inferred.
^ᶠnote:She is deemed to be his legal wife.
^ᵍnote:During her period of menstruation.
^ʰnote:If he lies on a number of couches (coverlets, bed-spreads, and the like) resting one upon the other, he imparts levitical defilement to all, though he comes in direct contact with the uppermost one only.
^ⁱnote:A bastard, for instance,
^ʲnote:V, supra p. 385, n, 12. Cf. Kid. 10af, v. Sanh. Sonc. ed. p. 376, n. 2.
^ᵏnote:Cf. supra note 3.
^ˡnote:V. p. 385, n, 11.
^ᵐnote:V. loc. cit., n. 12.
^ⁿnote:V. loc. cit., n. 13.