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1:5:1

משנה: הָאוֹכֵל אֵצֶל חָמִיו בִּיהוּדָה שֶׁלֹּא בְעֵדִים אֵינוֹ יָכוֹל לִטְעוֹן טַעֲנַת בְּתוּלִים מִפְּנֵי שֶׁמִּתְיָחֵד עִמָּהּ. אֶחָד אַלְמָנַת יִשְׂרָאֵל וְאֶחָד אַלְמָנַת כֹּהֲנִים כְּתוּבָּתָן מְנָה. בֵּית דִּין שֶׁלַּכֹּהֲנִים הָיוּ גוֹבִין לַבְּתוּלָה אַרְבַּע מֵאוֹת זוּז וְלֹא מִיחוּ בְיָדָם חֲכָמִים.

MISHNAH: If somebody eats at his father-in-law’s in Judea without chaperones cannot claim missing virginity since he is alone with her193As the Halakhah makes clear, he is supposed to sleep with his fiancיe.. Both for an Israel widow as a Cohanim widow194The daughter of a Cohen, even if married to an Israel. the ketubah is a mina. The court of priests collected 400 zuz for a virgin195It is not clear whether this applies to marriages of daughters of Cohanim, or marriages of Cohanim, or both. Since this is generally accepted practice known to the groom at the time he contracted the marriage, it is legal and can be enforced even if the original ketubah was lost., to which the Sages did not object.

MISHNAH: If somebody eats at his father-in-law’s in Judea without chaperones cannot claim missing virginity since he is alone with her193As the Halakhah makes clear, he is supposed to sleep with his fiancיe.. Both for an Israel widow as a Cohanim widow194The daughter of a Cohen, even if married to an Israel. the ketubah is a mina. The court of priests collected 400 zuz for a virgin195It is not clear whether this applies to marriages of daughters of Cohanim, or marriages of Cohanim, or both. Since this is generally accepted practice known to the groom at the time he contracted the marriage, it is legal and can be enforced even if the original ketubah was lost., to which the Sages did not object.

1:5:2

הלכה: הָאוֹכֵל אֵצֶל חָמִיו כול׳. בָּרִאשׁוֹנָה גָזְרוּ שְׁמָד בִּיהוּדָה. שֶׁכֵּן מְסוֹרֶת לָהֶם מֵאֲבוֹתָם שֶׁיְּהוּדָה הָרַג אֶת עֵשָׂו. דִּכְתִיב יָדְךָ בְּעוֹרֶף אוֹיְבֶיךָ. וְהָיוּ הוֹלְכִין וּמְשַׁעְבְּדִין בָּהֶן וְאוֹנְסִין אֶת בְּנוֹתֵיהֶן וְגָזְרוּ שֶׁיְּהֵא אִיסְטְרָטֵיוֹס בּוֹעֵל תְּחִילָּה. הִתְקִינוּ שֶׁיְּהֵא בַּעֲלָהּ בָּא עָלֶיהָ עוֹדָהּ בְּבֵית אָבִיהָ. שֶׁמִּתּוֹךְ שֶׁהִיא יוֹדַעַת שֶׁאֵימַת בַּעֲלָהּ עָלֶיהָ עוֹד הִיא נִגְרֶרֶת. מִּכָּל מָקוֹם אֵין סוֹפָהּ לְהִיבָּעֵל מֵאִיסְטְרָטֵיוֹס. אֲנוּסָה הִיא וַאֲנוּסָה מוּתֶּרֶת לְבֵיתָהּ. כֹּהֲנוֹת מָה הָיוּ עוֹשׂוֹת. מַטְמִינוֹת הָיוּ. וְיַטְמִינוּ אַף בְּנוֹת יִשְׂרָאֵל. קוֹל יוֹצֵא וּמַלְכוּתָא שָׁמְעָה וְאִילֵּין וְאִילֵּין מִתְעָרְבְבִין. מַה סֵימָן הָיָה לָהֶן. קוֹל מַגֵּרוֹס בָּעִיר. מִשְׁתֶּה שָׁם מִשְׁתֶּה שָׁם. אוֹר הַנֵּר בִּבְרוֹר חַיִל. שָׁבוּעַ בֶּן שָׁבוּעַ בֶּן. אַף עַל פִּי שֶׁבָּטַל הַשְּׁמָד הַמִנְהַג לא בָטַל. כַּלָּתוֹ שֶׁלְּרִבִּי הוֹשַׁעְיָה נִכְנְסָה מְעוּבֶּרֶת.

HALAKHAH: “If somebody eats at his father-in-law’s,” etc. In earlier times196The only time when the Roman government could be supposed to act officially in the manner described was during Hadrian’s persecution in the aftermath of the war of Bar Kokhba. they decided on a persecution in Judea because they had a tradition from their forefathers that Jehudah had killed Esaw197“Esaw” is a code name for Rome; e. g., Eccl.rabba to 5:7. The story that Jehudah killed Esaw when the latter wanted to kill Jacob at Isaac’s funeral is in Midraš Soḥer ṭob 18:32, mentioned in Sifry Deut. 348, quoted in Yalquṭ Šim‘ony 162. In the tradition of the Babli, Soṭa 13a, Esaw was killed by Ḥushim ben Dan at Jacob’s funeral., as it is written198Gen. 49:8.: “Your hand is on your enemies’ neck.” They went and enslaved them199After the war of Bar Kokhba, most of the Jewish population of Judea were sold as slaves. and raped their daughters; they decided that a soldier200Greek στρατιώτης. In the considerably toned down version of the Babli, 3b, it was only the general, ἡγεμών, who would exercise a ius primae noctis over girls married on Wednesdays. would have sex with her first. They decreed that her husband should come to her when still in her father’s house201After the preliminary marriage.; for when she knows that her husband’s fear is on her she is drawn after him202The commentaries and S. Lieberman emend נִגְרֶרֶת to נִגְדֶּרֶת “she is fenced in.” This emendation has to be rejected since it is understandable that one should want the girl to be drawn to her husband and not to the soldier with whom she otherwise would have her first sexual experience.. But is she not in the end being used for sex by a soldier? She is raped, and a rape victim is permitted to her husband203Sifry Num. 7, based on Num. 5:13.. What did Cohanot do? They were hiding them. Why did they not also hide the daughters of Israel? That becomes talk204If everybody does it, it cannot be kept secret. and the government hears it; then these and those will be taken together. What kind of a sign did they have? The talk of a cook205Greek μάγειρος, ὁ, “cook, butcher”. in town: There is a wedding meal, there is a wedding meal206While in biblical Hebrew מִשְׁתֶּה is any festive meal, in rabbinic Hebrew the term is used exclusively for wedding festivities. Since one could not speak of weddings during the persecution, one spoke of the cook.; there is light in Beror-Ḥayil207Beror-Ḥayil was the residence of Rabban Yoḥanan ben Zakkai after the first war with the Romans; it must have been in the imperial domain of Jabneh, in the plain. Lights were lit to indicate an invitation to attend a forbidden circumcision, just as the presence of a professional cook indicated a wedding.: a week for a son, a week for a son. When the persecution ended, the custom did not end. Rebbi Hoshaia’s208He taught in Galilee 100 years after the Hadrianic persecution. His family was from Judea, where his father still lived (Niddah 3:3, 50 c 1. 71). daughter-in-law was pregnant when she married definitively.

HALAKHAH: “If somebody eats at his father-in-law’s,” etc. In earlier times196The only time when the Roman government could be supposed to act officially in the manner described was during Hadrian’s persecution in the aftermath of the war of Bar Kokhba. they decided on a persecution in Judea because they had a tradition from their forefathers that Jehudah had killed Esaw197“Esaw” is a code name for Rome; e. g., Eccl.rabba to 5:7. The story that Jehudah killed Esaw when the latter wanted to kill Jacob at Isaac’s funeral is in Midraš Soḥer ṭob 18:32, mentioned in Sifry Deut. 348, quoted in Yalquṭ Šim‘ony 162. In the tradition of the Babli, Soṭa 13a, Esaw was killed by Ḥushim ben Dan at Jacob’s funeral., as it is written198Gen. 49:8.: “Your hand is on your enemies’ neck.” They went and enslaved them199After the war of Bar Kokhba, most of the Jewish population of Judea were sold as slaves. and raped their daughters; they decided that a soldier200Greek στρατιώτης. In the considerably toned down version of the Babli, 3b, it was only the general, ἡγεμών, who would exercise a ius primae noctis over girls married on Wednesdays. would have sex with her first. They decreed that her husband should come to her when still in her father’s house201After the preliminary marriage.; for when she knows that her husband’s fear is on her she is drawn after him202The commentaries and S. Lieberman emend נִגְרֶרֶת to נִגְדֶּרֶת “she is fenced in.” This emendation has to be rejected since it is understandable that one should want the girl to be drawn to her husband and not to the soldier with whom she otherwise would have her first sexual experience.. But is she not in the end being used for sex by a soldier? She is raped, and a rape victim is permitted to her husband203Sifry Num. 7, based on Num. 5:13.. What did Cohanot do? They were hiding them. Why did they not also hide the daughters of Israel? That becomes talk204If everybody does it, it cannot be kept secret. and the government hears it; then these and those will be taken together. What kind of a sign did they have? The talk of a cook205Greek μάγειρος, ὁ, “cook, butcher”. in town: There is a wedding meal, there is a wedding meal206While in biblical Hebrew מִשְׁתֶּה is any festive meal, in rabbinic Hebrew the term is used exclusively for wedding festivities. Since one could not speak of weddings during the persecution, one spoke of the cook.; there is light in Beror-Ḥayil207Beror-Ḥayil was the residence of Rabban Yoḥanan ben Zakkai after the first war with the Romans; it must have been in the imperial domain of Jabneh, in the plain. Lights were lit to indicate an invitation to attend a forbidden circumcision, just as the presence of a professional cook indicated a wedding.: a week for a son, a week for a son. When the persecution ended, the custom did not end. Rebbi Hoshaia’s208He taught in Galilee 100 years after the Hadrianic persecution. His family was from Judea, where his father still lived (Niddah 3:3, 50 c 1. 71). daughter-in-law was pregnant when she married definitively.

1:5:3

תַּנֵּי. וְלָאַלְמָנָה מָאתַיִם. תַּנֵּי. אֶחָד אַלְמָנַת יִשְׂרָאֵל וְאֶחָד אַלְמָנַת כֹּהֲנִים כְּסֵדֶר הַזֶּה. אָמַר רִבִּי יוֹסֵי. מִסְתַּבְּרָא בַּת כֹּהֵן לְיִשְׂרָאֵל תִּגְבֶּה. שֶׁשִּׁבְטָהּ גּוֹבֶה. בַּת יִשְׂרָאֵל לְכֹהֵן לֹא תִגְבֶּה. לָא מִסְתַּיָיה דִסְלִיקָא לִכְהוּנָתָא אֶלָּא דְתֵימַר תִּגְבֶּה. אָמַר רִבִּי מָנָא. לָא מִסְתַּבְּרָא דְלָא חֲלִיפִין. בַּת יִשְׂרָאֵל לְכֹהֵן תִּגְבֶּה דִסְלִיקָה לִכְהוּנָתָא. וּבַת כֹּהֵן לָא תִגְבֶּה דִנְחִיתָא מִן כְּהוּנָתָא. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי אָבוּן. אַחַת זוֹ וְאַחַת זוֹ קְנָס קָנְסוּ בָהֶן כְּדֵי שֶׁיְּהֵא אָדָם מִידְבַּק בְּשִׁבְטוֹ וּבְמִשְׁפַּחְתּוֹ.

It was stated: “And for a widow 200.209The court of Cohanim collected 200 zuz for a widow, against the explicit testimony of the Mishnah. In the opinion of the Babli, 12a/b, the priestly families tried to enforce this for their daughters but were forced to retract since nobody would take a widow for 200 zuz when he could get a virgin for the same price. The Babli also gives to non-priestly noble families the right to establish the higher tariff as default option for their daughters; the Yerushalmi considers this part of the Mishnah obsolete.” It was stated: “This order applies both to a widow of an Israel210The daughter of a Cohen, widow of an Israel. and a widow of a Cohen211The daughter of an Israel, widow of a Cohen.”. Rebbi Yose said, it is reasonable that the daughter of a Cohen should collect, for her tribe collects. The daughter of an Israel married to a Cohen should not collect; is it not sufficient that she rose to the priesthood that you say, she should collect? Rebbi Mana said, it is reasonable the other way. The daughter of an Israel married to a Cohen should collect for she rose to the priesthood; the daughter of a Cohen should not collect for she stepped down from the priesthood. Rebbi Yose bar Abun said, in both cases they demanded a fine so that everybody should cling to his tribe and family.

It was stated: “And for a widow 200.209The court of Cohanim collected 200 zuz for a widow, against the explicit testimony of the Mishnah. In the opinion of the Babli, 12a/b, the priestly families tried to enforce this for their daughters but were forced to retract since nobody would take a widow for 200 zuz when he could get a virgin for the same price. The Babli also gives to non-priestly noble families the right to establish the higher tariff as default option for their daughters; the Yerushalmi considers this part of the Mishnah obsolete.” It was stated: “This order applies both to a widow of an Israel210The daughter of a Cohen, widow of an Israel. and a widow of a Cohen211The daughter of an Israel, widow of a Cohen.”. Rebbi Yose said, it is reasonable that the daughter of a Cohen should collect, for her tribe collects. The daughter of an Israel married to a Cohen should not collect; is it not sufficient that she rose to the priesthood that you say, she should collect? Rebbi Mana said, it is reasonable the other way. The daughter of an Israel married to a Cohen should collect for she rose to the priesthood; the daughter of a Cohen should not collect for she stepped down from the priesthood. Rebbi Yose bar Abun said, in both cases they demanded a fine so that everybody should cling to his tribe and family.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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