Commento su Niddah 6:1
בָּא סִימָן הַתַּחְתּוֹן עַד שֶׁלֹּא בָא הָעֶלְיוֹן, אוֹ חוֹלֶצֶת אוֹ מִתְיַּבֶּמֶת. בָּא הָעֶלְיוֹן עַד שֶׁלֹּא בָא הַתַּחְתּוֹן, אַף עַל פִּי שֶׁאִי אֶפְשָׁר, רַבִּי מֵאִיר אוֹמֵר, לֹא חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. וַחֲכָמִים אוֹמְרִים, אוֹ חוֹלֶצֶת אוֹ מִתְיַבֶּמֶת. מִפְּנֵי שֶׁאָמְרוּ, אֶפְשָׁר לַתַּחְתּוֹן לָבֹא עַד שֶׁלֹּא בָא הָעֶלְיוֹן, אֲבָל אִי אֶפְשָׁר לָעֶלְיוֹן לָבֹא עַד שֶׁלֹּא בָא הַתַּחְתּוֹן:
Se il segno inferiore [di due peli] appare prima del segno superiore [del seno], può partecipare a chalitzah [la cerimonia eseguita per liberare una vedova di un uomo senza figli dall'obbligo del matrimonio levirato] o yibum [matrimonio levirato ]. Se il segno superiore visualizzato prima del simbolo in basso lo fa, anche se questo è impossibile, il rabbino Meir dice: lei non partecipa chalitzah o yibum . E i Saggi dicono: lei deve partecipare sia chalitzah o yibum . Perché hanno detto: è possibile che il segno inferiore appaia prima del segno superiore, ma è impossibile che il segno superiore appaia prima del segno inferiore.
Bartenura on Mishnah Niddah
בא סימן התחתון - two [pubic] hairs which is the sign of being a young woman.
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English Explanation of Mishnah Niddah
Introduction
Today's mishnah is really a continuation of the topic from last chapter. It discusses what counts as a sign of having reached puberty the development of pubic hair (the lower sign) or the development of breasts (the upper sign).
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Bartenura on Mishnah Niddah
עד שלא בא העליון – the sign of breasts, and this is בוחל/the [intermediate] stage of female puberty between childhood and full womanhood.
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English Explanation of Mishnah Niddah
If the lower sign appears before the upper sign, she can perform halitzah or yibbum. The appearance of the lower sign (pubic hair) counts as having reached puberty, even if the upper sign (breast development) had not yet appeared. Therefore, she is fully subject to the laws of halitzah and yibbum, for she is certainly of majority age.
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Bartenura on Mishnah Niddah
או חולצת או מתיבמת – because she is an adult. That the [pubic] hairs are a prominent/distinguished sign, and we rely upon them.
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English Explanation of Mishnah Niddah
If the upper sign appears before the lower sign, even though this is impossible: Rabbi Meir says: she doesn't perform halitzah or yibbum. And the sages say: she can perform halitzah or yibbum. For they have said: it is possible for the lower sign to appear before the upper sign, but it is impossible for the upper sign to appear before the lower sign. Both Rabbi Meir and the other sages agree that the upper sign cannot appear before the lower sign. However, Rabbi Meir still thinks that if such a thing does appear to happen, we must be concerned lest it did happen. In such a case, she couldn't do halitzah or yibbum because she is still a minor. So if she was married and her husband died without children, she would have to wait till she hits majority age to perform either halitzah or yibbum. Note, however, that this is according to Rabbi Meir, who holds that a minor girl cannot do yibbum, lest it eventually turns out the she is an "aylonit," one who never becomes sexually mature. The other sages (see 5:4) hold that we are not concerned with such an eventuality. Even a minor girl could perform yibbum, but not halitzah. In any case, the other sages say that if the upper sign appears then the lower sign must have appeared. She is considered to have reached majority age, and she can even do halitzah.
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Bartenura on Mishnah Niddah
אע"פ שאי אפשר – [even though it is impossible] for the Rabbis for the upper sign (i.e., breasts) to come without the lower one (i.e., the two pubic hairs), but from when the upper sign comes, even though they examined and did not find the lower one, we state the word that the lower sign definitely came but that it fell off, nevertheless, according to Rabbi Meir, she does not perform Halitzah nor does she engage in levirate marriage. For Rabbi Meir holds that it is possible that the upper sign comes without the lower one, but we rely upon the lower one, therefore she is still a minor and she doesn’t perform Halitzah nor does she engage in levirate marriage. But Rabbi Meir according to his rationale who stated that a male child and a female child do not perform Halitzah neither do they engage in levirate marriage. A male child, perhaps he will be found to be a eunuch, and a female child, perhaps she will be found to be a sexually impotent woman.
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Bartenura on Mishnah Niddah
או חולצת או מתיבמת – and even if she is a minor, she engages in levirate marriage according to the Rabbis, for they do not concern themselves to the limitation/narrowing qualification that perhaps she will be found to be a sexually impotent woman, for most women are not sexually impotent. However, regarding Halitzah (i.e., the removal of the shoe of her dead husband’s brother who refuses to engage in levirate marriage and spitting in his face), we require that she is an adult, even according to the Rabbis, because it is written (Deuteronomy 25;7), “But if the man/איש does not want to marry his brother’s widow,” in the portion, and we make an analogy of [the situation of the] woman to that of the man. And the Halakha is according to the Sages.
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Bartenura on Mishnah Niddah
מפני שאמרו אפשר לתחתון לבוא וכו' – even though it (i.e., the Mishnah) teaches it in the first clause, it returns and teaches it another time, because it needs to give support to [Mishnah 2 where it states], “similarly, etc.” which is akin to it.
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