Mishnah
Mishnah

Talmud for Keritot 2:4

הָאִשָּׁה שֶׁיָּלְדָה וְלָדוֹת הַרְבֵּה, הִפִּילָה בְתוֹךְ שְׁמוֹנִים נְקֵבָה וְחָזְרָה וְהִפִּילָה בְתוֹךְ שְׁמוֹנִים נְקֵבָה, וְהַמַּפֶּלֶת תְּאוֹמִים, רַבִּי יְהוּדָה אוֹמֵר, מְבִיאָה עַל הָרִאשׁוֹן וְאֵינָהּ מְבִיאָה עַל הַשֵּׁנִי. מְבִיאָה עַל הַשְּׁלִישִׁי וְאֵינָהּ מְבִיאָה עַל הָרְבִיעִי. אֵלּוּ מְבִיאִין קָרְבָּן עוֹלֶה וְיוֹרֵד. עַל שְׁמִיעַת הַקּוֹל, וְעַל בִּטּוּי שְׂפָתַיִם, וְעַל טֻמְאַת מִקְדָּשׁ וְקָדָשָׁיו, וְהַיֹּלֶדֶת, וְהַמְצֹרָע. וּמַה בֵּין הַשִּׁפְחָה לְבֵין כָּל הָעֲרָיוֹת. שֶׁלֹּא שָׁוְתָה לָהֶן לֹא בָעֹנֶשׁ וְלֹא בַקָּרְבָּן, שֶׁכָּל הָעֲרָיוֹת בְּחַטָּאת וְהַשִּׁפְחָה בְּאָשָׁם. כָּל הָעֲרָיוֹת בִּנְקֵבָה, וְשִׁפְחָה בְּזָכָר. כָּל הָעֲרָיוֹת, אֶחָד הָאִישׁ וְאֶחָד הָאִשָּׁה שָׁוִין בַּמַּכּוֹת וּבַקָּרְבָּן, וּבַשִּׁפְחָה לֹא הִשְׁוָה אֶת הָאִישׁ לָאִשָּׁה בַּמַּכּוֹת וְלֹא אֶת הָאִשָּׁה לָאִישׁ בַּקָּרְבָּן. כָּל הָעֲרָיוֹת, עָשָׂה בָהֶן אֶת הַמְעָרֶה כַגּוֹמֵר, וְחַיָּב עַל כָּל בִּיאָה וּבִיאָה. זֶה חֹמֶר הֶחְמִיר בַּשִּׁפְחָה, שֶׁעָשָׂה בָהּ אֶת הַמֵּזִיד כַּשּׁוֹגֵג:

[If] a woman has had multiple births and miscarried a female [fetus] within eighty days of the birth of a female [live child], and then she again miscarried a female within eighty days of the previous [miscarriage]; or if she miscarried twins, Rabbi Yehudah says: She brings [a sacrifice] for the first and not for the second, for the third but not for the fourth. The following [persons] bring an <i>Oleh veYored</i>: [One who] utters a [false] voice [oath denying testimony]; [one who makes] a false oath; one who [enters] the Temple [precincts] when impure or [who eats] sacred [food] when impure; a woman who has given birth; and the <i>Metzora</i>. What is the difference between [relations with] a <i>Shifchah Charufah</i> and all [other] forbidden unions? [The Torah] does not equate them either with regard to punishment or with regard to sacrifice. [Unintentional commission of] other forbidden unions [demands] a <i>Chattat</i>; and [relations with] a <i>Shifchah Charufah</i> [demands] an <i>Asham</i>. [The sacrifices brought in cases of] all forbidden unions [are] female animals; and [the sacrifice brought in the case of] a <i>Shifchah Charufah</i> is male. [In cases of] all forbidden unions both the man and the woman are equal with respect to lashes and the sacrifice; [in the case of] the <i>Shifchah Charufah</i> [the Torah] does not equate the man and the woman regarding the lashes, and [does not equate] the woman to the man regarding the sacrifice. [In cases of] all other forbidden unions sexual contact [is considered like] consummation, and one is liable for each act of intercourse. This a stringency that was applied to the <i>Shifchah Charufah</i> in that intentional transgression is [treated] like unintentional transgression.

Jerusalem Talmud Sotah

There97Mishnah Keritut 2:4. “Incest” always includes adultery., we have stated: “In all matters of incest, He made him who touches98The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11. equal to him who completes and one is guilty for each single intercourse99This refers to the rules concerning a slave girl (Lev. 19:20–22) who according to some opinions is partially manumitted (cf. Babli Keritut11a.). The Babli’s tradition eliminates the rules from practical importance by restricting them to a girl living with a Hebrew slave. Since the institution of Hebrew slaves was abolished with the Babylonian exile, never to be reinstituted, the frequent discussions of the rules are purely theoretical. However, in Sifra Qedošim Pereq 5(1), at least one opinion describes the slave girl engaged to a free man in the expectation of her manumission.
As a slave, the girl can not marry and therefore she is free to have guiltless sex with any man not a Jew (cf. Terumot Chapter 8, Note 347). Upon manumission, she becomes a free Jewish woman and able to contract a valid marriage with any Jew who is not a priest. She is permitted to live with a Hebrew slave (Ex. 21:4). Since her relationship with the slave is not a marriage, her affair with another man is not adultery. From the man’s side, the affair with the slave girl is the only sin which can be atoned for by a sacrifice if committed intentionally. A purification sacrifice is possible only for inadvertent sins; the relation with the semi-free girl can be atoned for by a reparation sacrifice. (An intentional sin can only be cleansed by God’s mercy in response to repentance.) For inadvertent sins, a purification sacrifice is due for each single transgression; one reparation sacrifice covers the entire affair.
. He was more stringent with the slave girl since in her case He treated the intentional as unintentional.” Rebbi Jeremiah, Rebbi Abba bar Mamai in the name of Rav: “Flow of semen,” until he ejaculates100Lev. 19:20: “If a man sleep with a woman by flow of semen …” The intercourse of a free man with the slave girl is not punishable unless there was an ejaculation.. Here is written “flow of semen”, and here is written “flow of semen.101In the case of the straying wife, Num. 5:13 reads: “A man slept with her with flow of semen.” Nevertheless, the wife becomes impure and forbidden to her husband already if her paramour’s penis touches her genitals. This seems to contradict our principle that equal expressions used in different circumstances must have equal meanings.” Here102In the case of the slave girl., you say “flow of semen” until he ejaculates. And here103In the case of the straying wife., you say so? Rebbi Yose said, there is a difference, for it is written104Num. 5:13.: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here102In the case of the slave girl., “flow of semen,” until he ejaculates. For what reason is written103In the case of the straying wife. “flow of semen”? For measures105To measure how long the wife must be hidden together with her paramour to be impure and subject to the ordeal. In another connection this is quoted in the Babli, 2b., as it is stated104Num. 5:13.: “She was hidden and became impure”; what is counted as hiding106Babli 4a. The Babli discusses why all these expressions have to be used.? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’98The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11..
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