Soncino English Talmud
Yevamot
Daf 61a
that the graves of idolaters do not impart levitical uncleanness by an ohel, for it is said, And ye My sheep the sheep of My pasture, are men; you are called men but the idolaters are not called men. An objection was raised: And the persons were sixteen thousand! — This is due to [the mention of] cattle. Wherein are more than six-score thousand persons that cannot discern between their right and their left hand! — This is due [to the mention of] cattle. Whosoever hath killed any person, and whosoever hath touched any slain, purify yourselves! — One of the Israelites might have been slain. And the Rabbis? — [Scripture states]. There lacketh not one man of us. And R. Simeon b. Yohai? — There lacketh not one man of us, through indulgence in sin. Rabina replied: Granted that Scripture excluded them from imparting uncleanness through an ohel, because of the written text, When a man dieth in the tent, did Scripture also exclude them from [imparting uncleanness by] touch and carriage? MISHNAH. [A PRIEST WHO] BETROTHED A WIDOW, AND WAS SUBSEQUENTLY APPOINTED HIGH PRIEST, MAY CONSUMMATE THE MARRIAGE. IT ONCE HAPPENED WITH JOSHUA B. GAMALA THAT HE BETROTHED MARTHA THE DAUGHTER OF BOETHUS, AND THE KING APPOINTED HIM HIGH PRIEST, AND HE, NEVERTHELESS, CONSUMMATED THE MARRIAGE. IF ONE AWAITING THE DECISION OF THE LEVIR BECAME SUBJECT TO A COMMON PRIEST WHO WAS SUBSEQUENTLY APPOINTED HIGH PRIEST, [THE LATTER], THOUGH HE ALREADY ADDRESSED TO HER A MA'AMAR, MUST NOT CONSUMMATE THE MARRIAGE. GEMARA. Our Rabbis taught: Whence is it deduced that [a priest] who betrothed a widow and was afterwards appointed High Priest may consummate the marriage? It is specifically stated in Scripture, Shall he take to wife. If so, [the same law should apply to] a yebamah awaiting the decision of the levir also! — A 'wife' but not a yebamah. IT ONCE HAPPENED TO JOSHUA etc. He APPOINTED HIM but he was not elected! Said R. Joseph: I see here a conspiracy; for R. Assi, in fact, related that Martha the daughter of Boethus brought to King Jannai a tarkab of denarii before he gave an appointment to Joshua b. Gamala among the High Priests. MISHNAH. A HIGH PRIEST WHOSE BROTHER DIED MUST SUBMIT TO HALIZAH BUT MAY NOT CONTRACT THE LEVIRATE MARRIAGE. GEMARA. He lays down a general rule implying that there is no difference whether [the yebamah became a widow] after betrothal or after marriage! One can well understand [the case of the widow] after marriage, [since marriage with her is forbidden by] a positive as well as by a negative commandment, and no positive commandment may override a negative and a positive commandment; but [in the case of a widow] after betrothal, the positives should override the negative commandment! — The first act of cohabitation was forbidden as a preventive measure against the second act of cohabitation. MISHNAH. A COMMON PRIEST SHALL NOT MARRY A WOMAN INCAPABLE OF PROCREATION, UNLESS HE HAD ALREADY A WIFE OR CHILDREN. R. JUDAH SAID: EVEN THOUGH HE HAS HAD A WIFE AND CHILDREN HE SHALL NOT MARRY A WOMAN INCAPABLE OF PROCREATION, SINCE SUCH [IS INCLUDED IN THE TERM OF] HARLOT MENTIONED IN THE TORAH. BUT THE SAGES SAID: THE TERM HARLOT IMPLIES ONLY A FEMALE PROSELYTE, FREED BONDMAID AND ONE WHO HAS BEEN SUBJECTED TO MERETRICIOUS INTERCOURSE. GEMARA. Said the Exilarch to R. Huna: What is the reason? Obviously because of the duty of the propagation of the race; are, then, only priests commanded concerning the propagation of the race while Israelites are not commanded? The other replied: Because it was desired to state in the final clause, R. JUDAH SAID: EVEN THOUGH HE HAS HAD A WIFE