Talmud for Yevamot 2:1

¹⁴²These two paragraphs are partially corrupt. In a few places, the required corrections are obvious; other passages are not so simple. The text was treated at length by M. Assis לפירושה של סוגיא אחת בירושלמי סנהדרין Sinai 99(1986) pp. 110–127. The parallel in the Babli is 53a–54a. There, we have stated¹⁴³In the Yerushalmi תַּמָּן תַּנִּינָן always introduces a Mishnah quote. Already J. N. Epstein in מבוא לנוסח המשנה p. 150 has noted that one should read תַּמָּן תְּנַיִין “there (in Babylonia) one states.” The Babylonian baraita is quoted in the Babli, 53a.: Rebbi Jehudah says, if his mother was not fit for his father, he is liable only for one [sacrifice]. Therefore, if his mother was fit for his father, he is liable for two. Rebbi Abbahu in the name of Rebbi Joḥanan: There is no difference. Whether his mother was fit for his father or unfit for his father, he is liable only once. The reason of Rebbi Joḥanan¹⁴⁴It seems that one has to read “R. Jehudah” since R. Johanan opposes the conclusion of the argument.: Your mother is she, you find him guilty because of his mother; this directs the entire chapter towards his mother¹⁴⁵This is only the end of an argument which can be reconstructed from Sifra Qedošim Pereq 9(12). Lev. 18:7 reads: Your father’s nakedness and your mother’s nakedness you shall not uncover; she is your mother, do not uncover her nakedness. The unusual wordiness of the verse has to be explained. Later in the paragraph there is disagreement whether your father’s nakedness refers to homosexual relations or describes a woman other than the mother who had sexual relations with the father. R. Jehudah opts for the first alternative. The mother then is singled out; she is equally forbidden whether she is or ever was his father’s wife or not, just as the father is forbidden whether he ever was married to his mother or not. This excludes any possibility to charge relations with her as father’s wife as a separate crime.. Rebbi Abun bar Ḥiyya asked before Rebbi Zeˋira: What caused Rebbi Joḥanan¹⁴⁴It seems that one has to read “R. Jehudah” since R. Johanan opposes the conclusion of the argument. to concentrate on the mother and to leave the father’s wife aside? He told him, for he argues with Rebbi Ismael, as Rebbi Ismael explained: Your father’s wife’s nakedness¹⁴⁶Obviously one has to read your father’s nakedness (v. 7) instead of a quote from v.8.; the verse refers to the male. Is not his father included in the category of the male¹⁴⁷Since homosexual intercourse also is a capital crime.? Only to make him liable twice, as we have stated: A person having sexual relations with his father is doubly liable about him¹⁴⁸Babli 54a; Tosaphot s. v. הבא.. Then should we not state “thirty-seven extirpations in the Torah”¹⁴⁹Mishnah Keritut 1:1 lists 36 separate cases of extirpation; homosexual acts with the father are not listed.? Rebbi Mana said, all denotations of males are one. ¹⁵⁰This text is repeated later as R. Aqiba’s opinion. Since R. Ismael was quoted as opposing this interpretation, it is not his opinion. The text is dittography from the following.Your father’s wife’s nakedness; the verse refers to the father’s wife. Your mother’s nakedness, that is his mother who is his father’s wife. From where his mother who is not his father’s wife? Your mother is she; do not uncover her nakedness. How does Rebbi Ismael treat this? He explains it to apply after [the father’s] death¹⁵¹Why is the mother mentioned twice, once in parallel with the father and once separately?. Does Rebbi Aqiba not explain she is your father’s nakedness¹⁵²Lev. 18:8, referring to the stepmother.? There is no difference whether during lifetime or after death. Rebbi Aqiba explains: Your father’s wife’s nakedness¹⁴⁶Obviously one has to read your father’s nakedness (v. 7) instead of a quote from v.8., the verse refers to the father’s wife. Your mother’s nakedness, that is his mother who is his father’s wife. From where his mother who is not his father’s wife? Your mother is she; do not uncover her nakedness. How does Rebbi Ismael treat this? He explains it to apply after [the father’s] death¹⁵³Dittography from above.. Does not Rebbi Aqiba treat your father’s nakedness, your mother’s nakedness¹⁵⁴M. Assis here sees a lacuna referring to the earlier statement that the mother remains equally forbidden whether or not the father is alive. This is not a necessary inference.? Since your father refers to your father in any capacity¹⁵⁵Whether married, seducer, rapist or paying for sexual services. both for punishment¹⁵⁶Punishment is spelled out in Lev. 20:11, warning in 18:7. and warning, so also your mother refers to one’s mother in any capacity both for punishment and warning. Is it not reasonable to explain that verse except following Rebbi Jehudah who because he does not accept “his mother who is his father’s wife”¹⁵⁷He rejects the interpretation that the first mention of your mother in v. 7 refers to the father’s wife, the second mention to a mother not married to his father. must explain that your father’s nakedness, your mother’s nakedness refers to your father in any capacity both for punishment and warning, so also your mother refers to your mother in any capacity both for punishment and warning. Rebbi Zeˋira said, this implies that one infers from parallel language¹⁵⁸גְּזֵירָה שָׁוָה “equal cut” is the transfer of rules from one law to another if identical language was used. The majority opinion accepts inferences from “equal cut” only if (a) there exists a tradition that the words in question were written for this purpose and (b) no other inferences are drawn from the expressions in question (Babli Niddah 22b). Property (b) is meant if an expression is called “free”. The equal cut here is the use of your father’s nakedness both in v.7 and v.8. As we have seen, in v.7 the expression clearly is not “free”. even if it is free only from one side¹⁵⁹M. Assis rightly points out that it is not free even in v.8 since the expression is used to forbid the stepmother after the father’s death.. Rebbi Yudan said to him¹⁶⁰As M. Assis points out, the statement also is quoted in Yoma 8:3 (45a l. 48) where R. Yudan’s statement is an independent remark. Since R. Yudan lived a generation after R. Zeˋira, the Yoma version has to be accepted., this is obvious for Rebbi Aqiba since Rebbi Aqiba infers from parallel language even if it is not free¹⁶¹This statement is unknown to Babylonian sources; the statement of the Babylonian R. Zeˋira is found in the Babli, Šabbat 64a, Niddah 22b..

⁹⁷A similar text is in Semaḥot 2:14, a different formulation is in the Babli (Ketubot 27b/28a). If somebody divorces his wife she should not live in the same courtyard or the same place⁹⁸Or zarua‘ (Yibbum waḥalȋṣah #618) reads מבוי “dead-end-street” in place of מקום. This is the language of the Babli.. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits⁹⁹In the interpretation of Or zarua‘, if they can build a wall dividing the property, each section having its own entrance door from the courtyard.. When has this been said? If they were definitively married, not if they were not definitively married¹⁰⁰Preliminarily married couples are not supposed to have slept together; they are not suspected to do so after divorce.. But the wife of a Cohen if she was not definitively married¹⁰¹Since she is biblically prohibited to her preliminary ex-husband., as well as the status of a preliminarily married woman in Jehudah¹⁰²She was unchaperoned together with her preliminary husband and presumed to have slept with him; Mishnah Ketubot 1:5., is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken¹⁰³The imitation of preliminary marriage before levirate marriage; cf. Mishnah Yebamot 2:1, Note 6. This is a rabbinic formality; if the couple had relations, they would be biblically married and the marriage could only be terminated by a bill of divorce. The act of ḥalȋṣah guarantees that they never were intimate and the precautions enacted for divorced couples do not apply to them.” her since “bespeaking” does not fully acquire.