Talmud Yerushalmi
Yerushalmi Ketubot 1:3 ירושלמי כתובות א׳:ג׳
Part of: Chapter 1
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משנה: הַגָּדוֹל שֶׁבָּא עַל הַקְּטַנָּה וְהַקָּטָן שֶׁבָּא עַל הַגְּדוֹלָה וּמוּכַּת עֵץ כְּתוּבָּתָן מָאתַיִם דִּבְרֵי רִבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים מוּכַּת עֵץ כְּתוּבָּתָהּ מְנָה.
MISHNAH: If an adult male had sexual relations with an underage girl150Too young to marry., or an underage boy150Too young to marry. with an adult female, or one injured by wood151Her hymen was split by an accident., their ketubot are 200 [zuz], the words of Rebbi Meïr. But the Sages say, the ketubah of one injured by wood is a mina.
MISHNAH: If an adult male had sexual relations with an underage girl150Too young to marry., or an underage boy150Too young to marry. with an adult female, or one injured by wood151Her hymen was split by an accident., their ketubot are 200 [zuz], the words of Rebbi Meïr. But the Sages say, the ketubah of one injured by wood is a mina.
הלכה: הַגָּדוֹל שֶׁבָּא עַל הַקְּטַנָּה כול׳. אֵי זֶהוּ קָטָן וְאֵי זוֹ קְטַנָּה. מִשּׁוּם רִבִּי יְהוּדָה בֶן חַגְרָא אָמְרוּ. קָטָן פָּחוֹת מִבֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד וּקְטַנָּה פְחוּתָה מִבַּת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד. נִיחָא גָּדוֹל שֶׁבָּא עַל הַקְּטַנָּה הַבְּתוּלִין חוֹזְרִין. קָטָן שֶׁבָּא עַל הַקְּטַנָּה הַבְּתוּלִין חוֹזְרִין. קָטָן שֶׁבָּא עַל הַגְּדוֹלָה אֵין הַבְּתוּלִין חוֹזְרִין. אָמַר רִבִּי אָבִין. תִּפְתָּר שֶׁבָּא עָלֶיהָ שֶׁלֹּא כְדַרְכָּהּ. אָמַר רִבִּי יוֹסֵי בֵּרִבִּי אָבִין. וַאֲפִילוּ תֵימָא בִכְדַרְכָּהּ. קָטָן בִּיאָתוֹ בִיאָה. אֲבָל אֵין בוֹ כֹחַ לִיגַּע בַּסִּימָנִין. וְתַנֵּי כֵן. מַעֲשֶׂה שֶׁעִיבְּרָה וּבְתוּלֵיהָ קַיָימִין.
HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day152The sex act of a boy of 9 years and one day has legal consequences; cf. Yebamot, Mishnaiot 10:15–18; Chapter 3, Note 143. The sex act of a younger boy has no legal consequences., an underage girl is younger than three years and one day147This explains the statement of the Mishnah that girls violated less than three years of age are still virgins.. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself!153How can she marry as a virgin? Rebbi Abin, explain it that he had relations with her without penetration154There was no penetration.. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen155This is a matter of dispute in the Babli, 11b.. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact156The Babli, Ḥagigah 14b/15a, holds that an intact virgin might become pregnant in a bathtub from semen floating there..
HALAKHAH: “If an adult male had sexual relations with an underage girl,” etc. What is an underage boy and what is an underage girl? They said in the name of Rebbi Jehudah ben Ḥagra, an underage boy is younger than nine years and one day152The sex act of a boy of 9 years and one day has legal consequences; cf. Yebamot, Mishnaiot 10:15–18; Chapter 3, Note 143. The sex act of a younger boy has no legal consequences., an underage girl is younger than three years and one day147This explains the statement of the Mishnah that girls violated less than three years of age are still virgins.. One understands that if an adult male had sexual relations with an underage girl, her hymen repairs itself. If an underage boy has sexual relations with an underage female, her hymen repairs itself. But if an underage boy has sexual relations with an adult female, her hymen does not repair itself!153How can she marry as a virgin? Rebbi Abin, explain it that he had relations with her without penetration154There was no penetration.. Rebbi Yose ben Rebbi Abin said, you can even say that he had normal relations with her. The relations of an underage boy are relations but he does not have the force to damage her hymen155This is a matter of dispute in the Babli, 11b.. It was stated thus: It happened that [an adult] became pregnant while her hymen was intact156The Babli, Ḥagigah 14b/15a, holds that an intact virgin might become pregnant in a bathtub from semen floating there..
מֵיתִבִּין לְרִבִּי מֵאִיר. בְּתוּלִין אֵין כָּאן. וְתֵימַר כְּתוּבָּה מָאתַיִם. אָמַר לוֹן. וְכִי בִבְתוּלִין הַדָּבָר תָּלוּי. הֲרֵי בוֹגֶרֶת אֵין לָהּ בְּתוּלִים וּכְתוּבָּתָהּ מֵאתַיִם. הֲרֵי בְּתוּלָה מִן הַנִּישּׂוּאִין יֵשׁ לָהּ בְּתוּלֵיהֶן וּכְתוּבָּתָהּ מְנָה. מֵאי כְדוֹן. בּוֹגֶרֶת לֹא בָטַל חֵינָהּ. בְּתוּלָה מִן הַנִּישּׂוּאִין בָּטַל חֵינָהּ. מַה פְלִיגִין. בְּמוּכַּת עֵץ. דְּרִבִּי מֵאִיר אָמַר. לֹא בָטַל חֵינָהּ. וְרַבָּנִין אָמְרִין. בָּטַל חֵינָהּ.
They objected to Rebbi Meïr: There is no hymen157Referring to the virgin whose hymen was ruptured in a mechanical accident. and you say, her ketubah is 200 [zuz]? He answered them, is that dependent on the hymen? But the adult has no hymen47Once she is older than 12½ years, her body is so soft that the rupture of the hymen may not be noticed. The court will not hear such a case. and her ketubah is 200! the virgin widow has a hymen and her ketubah is a mina158Mishnah 4, about a girl whose husband dies in the ḥuppah after the recitation of the wedding benedictions.! What is the reason? The adult still has all her grace159The groom is willing to pay for a woman who never was with another male.; the virgin widow has lost her grace. Where do they disagree? If she was injured by wood. Rebbi Meïr says, she did not lose her grace, but the rabbis say, she lost her grace.
They objected to Rebbi Meïr: There is no hymen157Referring to the virgin whose hymen was ruptured in a mechanical accident. and you say, her ketubah is 200 [zuz]? He answered them, is that dependent on the hymen? But the adult has no hymen47Once she is older than 12½ years, her body is so soft that the rupture of the hymen may not be noticed. The court will not hear such a case. and her ketubah is 200! the virgin widow has a hymen and her ketubah is a mina158Mishnah 4, about a girl whose husband dies in the ḥuppah after the recitation of the wedding benedictions.! What is the reason? The adult still has all her grace159The groom is willing to pay for a woman who never was with another male.; the virgin widow has lost her grace. Where do they disagree? If she was injured by wood. Rebbi Meïr says, she did not lose her grace, but the rabbis say, she lost her grace.
מַה פְלִיגִין. בְּתוּלָה הַנִּבְעֶלֶת מִן הַקָּטָן וּמִמִּי שֶׁאֵינוֹ אִישׁ כְּשֵׁירָה לִכְהוּנָה. תַּנֵּי רִבִּי חֲלַפְתָּא בַּר שָׁאוּל. כְּשֵׁירָה אֲפִילוּ לְכֹהֵן גָּדוֹל.
Did they disagree that a virgin who had sexual relations with an underage boy160This is a problem only for R. Eleazar who holds (Yebamot 6:5, Note 108; 7:5, Note 105; 13:1, Note 14) that sexual relations between unmarried partners are always harlotry which bars the female from marrying a priest. For all other authorities, there would only be a problem regarding the High Priest who may marry only a virgin. or with someone who is not a man161Sexual relations of a woman with an animal is a capital crime if initiated by the woman. But it has no influence on her marital status. is enabled for the priesthood? Rebbi Ḥalaphta ben Shaul said, she is enabled even for the High Priest162In the Babli, Yebamot 59b, this is an Amoraic statement by Samuel..
Did they disagree that a virgin who had sexual relations with an underage boy160This is a problem only for R. Eleazar who holds (Yebamot 6:5, Note 108; 7:5, Note 105; 13:1, Note 14) that sexual relations between unmarried partners are always harlotry which bars the female from marrying a priest. For all other authorities, there would only be a problem regarding the High Priest who may marry only a virgin. or with someone who is not a man161Sexual relations of a woman with an animal is a capital crime if initiated by the woman. But it has no influence on her marital status. is enabled for the priesthood? Rebbi Ḥalaphta ben Shaul said, she is enabled even for the High Priest162In the Babli, Yebamot 59b, this is an Amoraic statement by Samuel..
רִבִּי יִרְמְיָה וְרִבִּי אִמִּי מַקְשֵׁי. מַה בֵּינָהּ לְבֵין הַנִּבְעֶלֶת בְּאֶצְבַּע. אִילּוּ הַנִּבְעֶלֶת בְּאֶצְבַּע שֶׁמָּא אֵינָהּ פְּסוּלָה לִכְהוּנָה. אָמַר רִבִּי חַגַּי. תִּיפְתָּר שֶׁבָּא עָלֶיהָ שֶׁלֹּא כְדַרְכָּהּ. בְּעָא רִבִּי חַגַּיי מֵיהַדֵּר בֵּיהּ. אָמַר לֵיהּ רִבִּי אַבָּא. לֹא תְהַדּוֹר בָּךְ. וְלָמָּה בְעָא רִבִּי חַגַּיי מֵיהַדֵּר בֵּיהּ. מִן הָדֵין דִּכְתִיב וְהוּא אִשָּׁה בִבְתוּלֶיהָ יִקָּח. עַד שֶׁתְּהֵא בְתוּלָה מִשְּׁנֵי צְדָדֶיהָ. וְדִכְוָותָהּ. בְּתוּלָה וְאִישׁ לֹא יְדָעָהּ. בְּתוּלָה (מ)כְדַרְכָּהּ. וְאִישׁ לֹא יְדָעָהּ שֶׁלֹּא כְדַרְכָּהּ. אָמַר רִבִּי יִצְחָק בֶּן אֶלְעָזָר. אֲפִילוּ בְיָדֶיהּ לֹא תָבַע בָּהּ. שֶׁנֶּאֱמַר כִּי לֹא יָנוּחַ שֶׁבֶט הָרֶשַׁע עַל גוֹרָל הַצַּדִּיקִים. מַה עֲבַד לָהּ רִבִּי חַגַּיי עַד שֶׁלֹּא יַחֲזיֹר בּוֹ. פָּתַר לָהּ בְּהֶעֱרָיָיה. וְלָמָּה לֵית רַב יוֹסֵף פָּתַר לֵיהּ בְּהֶעֱרָיָיה. אָמַר רִבִּי מָנָא. דְּהִיא צְרִיכָה לָהּ. רִבִּי יוֹסֵי בְעָא. הֶעֱרָיָיה בְּזָכוֹר מָהוּ. הֶעֱרָיָיה בַּבְּהֵמָה מָהוּ. כַּד שְׁמַע רִבִּי יִרְמְיָה הָדָא דְרִבִּי חַגַּיי אָמַר. לֹא עַל הָדָא הֲוָה רִבִּי אִמִּי מַקְשֶׁה.
Rebbi Jeremiah and Rebbi Ammi asked163The text is impossible as it stands. It must have been either “R. Jeremiah (fourth generation) said that R. Immi (second generation) asked” or “R. Yasa and R. Immi asked”. The sequel would support both versions.: What is the difference between her164The woman whose hymen was impaired by a mechanical accident, who is declared eligible to marry a High Priest. and one who had sex with a finger165Either she or another person perforated her hymen with his finger in sexual activity without penetration by a penis.? Is the one who had sex with a finger not disabled for priesthood166The high priesthood. Only the High Priest is required to marry a virgin.? Rebbi Haggai said, explain it that there was no penetration167If the girl had sexual experience without any penetration, she will qualify for a virgin’s ketubah.. Rebbi Haggai wanted to change his mind; Rebbi Abba said to him, do not change your mind. Why did Rebbi Haggai want to change his mind? Because of the verse168Lev. 21:13, speaking of the high priest. The complicated expression אִשָּׁהבִבְתוּלֶיהָ “a woman in her virginities” instead of simpy בְּתוּלָה “a virgin” calls for an explanation.: “But he shall marry a wife in her virginities,” only if she is a virgin in both respects169She must be a virgin without any sexual experience; cf. Babli Yebamot 59a.. Similarly, “a virgin and no man had known her.170Gen. 24:16; here again the double expression calls for an explanation. In Gen.rabba 60(5), the explanation is ascribed to R. Simeon ben Laqish.” A virgin, with respect to penetration. No man had known her, without penetration. Rebbi Isaac ben Eleazar said, [no man] ever had wanted to touch her hand, for it was said171Ps. 125:3. In Gen.rabba 60(5), this explanation is ascribed to R. Joḥanan.: “The staff of evil shall not rest on the just’s lot.” Why did Rebbi Haggai want to change his mind? He could explain it by “touching”. Why does (Rav Yosef) [Rebbi Yasa]172Since the author here cannot be the fourth generation Babylonian Rav Joseph (bar Ḥiyya), most likely he is Rebbi Yasa (cf. Note 163). not explain it by “touching”? Rebbi Mana said, because it presented a problem for him: Rebbi Yasa asked: What is the legal status of “touching”173The touching of the genitals of two persons, whether there was penetration or emission or not. “Touching” is the legal definition of the sex act both for marriage (cf. Yebamot4:2, Note 59; Mishnah 6:1) and for criminal law (Mishnah Keritut 2:4; cf. Soṭah 1:2, Notes 97,98). The same question is asked in Qiddušin 1:1 (59c 1. 14). with a male? “Touching” with an animal? When Rebbi Jeremiah heard that of Rebbi Haggai, he said, that was not Rebbi Ammi’s problem174That solution is too obvious not to have occured to R. Ammi, and it does not address his question which asks for the difference between a hymen split by mechanical means or by the girl’s own finger. In both cases, no male was involved..
Rebbi Jeremiah and Rebbi Ammi asked163The text is impossible as it stands. It must have been either “R. Jeremiah (fourth generation) said that R. Immi (second generation) asked” or “R. Yasa and R. Immi asked”. The sequel would support both versions.: What is the difference between her164The woman whose hymen was impaired by a mechanical accident, who is declared eligible to marry a High Priest. and one who had sex with a finger165Either she or another person perforated her hymen with his finger in sexual activity without penetration by a penis.? Is the one who had sex with a finger not disabled for priesthood166The high priesthood. Only the High Priest is required to marry a virgin.? Rebbi Haggai said, explain it that there was no penetration167If the girl had sexual experience without any penetration, she will qualify for a virgin’s ketubah.. Rebbi Haggai wanted to change his mind; Rebbi Abba said to him, do not change your mind. Why did Rebbi Haggai want to change his mind? Because of the verse168Lev. 21:13, speaking of the high priest. The complicated expression אִשָּׁהבִבְתוּלֶיהָ “a woman in her virginities” instead of simpy בְּתוּלָה “a virgin” calls for an explanation.: “But he shall marry a wife in her virginities,” only if she is a virgin in both respects169She must be a virgin without any sexual experience; cf. Babli Yebamot 59a.. Similarly, “a virgin and no man had known her.170Gen. 24:16; here again the double expression calls for an explanation. In Gen.rabba 60(5), the explanation is ascribed to R. Simeon ben Laqish.” A virgin, with respect to penetration. No man had known her, without penetration. Rebbi Isaac ben Eleazar said, [no man] ever had wanted to touch her hand, for it was said171Ps. 125:3. In Gen.rabba 60(5), this explanation is ascribed to R. Joḥanan.: “The staff of evil shall not rest on the just’s lot.” Why did Rebbi Haggai want to change his mind? He could explain it by “touching”. Why does (Rav Yosef) [Rebbi Yasa]172Since the author here cannot be the fourth generation Babylonian Rav Joseph (bar Ḥiyya), most likely he is Rebbi Yasa (cf. Note 163). not explain it by “touching”? Rebbi Mana said, because it presented a problem for him: Rebbi Yasa asked: What is the legal status of “touching”173The touching of the genitals of two persons, whether there was penetration or emission or not. “Touching” is the legal definition of the sex act both for marriage (cf. Yebamot4:2, Note 59; Mishnah 6:1) and for criminal law (Mishnah Keritut 2:4; cf. Soṭah 1:2, Notes 97,98). The same question is asked in Qiddušin 1:1 (59c 1. 14). with a male? “Touching” with an animal? When Rebbi Jeremiah heard that of Rebbi Haggai, he said, that was not Rebbi Ammi’s problem174That solution is too obvious not to have occured to R. Ammi, and it does not address his question which asks for the difference between a hymen split by mechanical means or by the girl’s own finger. In both cases, no male was involved..