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2:6:1

משנה: הָאִשָּׁה שֶׁאָמְרָה נִשְׁבֵּיתִי וּטְהוֹרָה אֲנִי נֶאֱמֶנֶת שֶׁהַפֶּה שֶׁאָסַר הוּא הַפֶּה שֶׁהִתִּיר. וְאִם יֵשׁ עֵדִים שֶׁנִּשְׁבֵּית וְהִיא אוֹמֶרֶת טְהוֹרָה אֲנִי אֵינָהּ נֶאֱמֶנֶת. וְאִם מִשֶׁנִּשֵּׂאת בָּאוּ עֵדִים לֹא תֵצֵא.

MISHNAH: 6: If a woman said, I was kidnapped103Even if a woman is held for ransom, it is assumed that her Gentile kidnapper raped her and that, therefore, she is forbidden to marry a Cohen. but I am pure, she is to be trusted, since the mouth which forbade is the mouth which permits. But if there are witnesses that she was kidnapped and she says, I am pure, she is not trustworthy. If the witnesses came after she was married, she should not leave104If she is married to a Cohen, he does not have to divorce her..

MISHNAH: 6: If a woman said, I was kidnapped103Even if a woman is held for ransom, it is assumed that her Gentile kidnapper raped her and that, therefore, she is forbidden to marry a Cohen. but I am pure, she is to be trusted, since the mouth which forbade is the mouth which permits. But if there are witnesses that she was kidnapped and she says, I am pure, she is not trustworthy. If the witnesses came after she was married, she should not leave104If she is married to a Cohen, he does not have to divorce her..

2:6:2

הלכה: הָאִשָּׁה שֶׁאָמְרָה נִשְׁבֵּיתִי כול׳. רַב חוּנָא אָמַר. לֹא סוֹף דָּבָר שֶׁנִּישֵּׂאת אֶלָּא אֲפִילוּ הִתִּירוּהָ בֵית דִּין לִינָּשֵׂא.

HALAKHAH: “If a woman said, I was kidnapped,” etc. Rav Ḥuna said, not only after she remarried but even after the court authorized her to remarry93In the Babli, 23a, this is a statement of Samuel’s father, of the generation of transition between Tannaïm and Amoraïm..

HALAKHAH: “If a woman said, I was kidnapped,” etc. Rav Ḥuna said, not only after she remarried but even after the court authorized her to remarry93In the Babli, 23a, this is a statement of Samuel’s father, of the generation of transition between Tannaïm and Amoraïm..

2:6:3

נָשִׁים נִשְׁבּוּ לְשָׁם. אָתָא עוֹבְדָא קוֹמֵי אַבָּא בַר בָּא וְלֵוִי וּשְׁמוּאֵל אָמְרוּ. וּמָסְרוּ לָהֶן עֵדִים נִיסְקוֹן לְאַרְעָא דְיִשְׂרָאֵל. אָמַר לֵיהּ. וּמַה נַעֲשֶׂה לַיָּמִים הָרִאשׁוֹנִים שֶׁנִּתְיַיחֲדוּ. אָמַר לֵיהּ אַבָא בַר בָּא. אִילּוּ הֲוִינָן בְּנָתָךְ כֵּן הָיִיתָה אוֹמֵר. וְאִישְׁתַּבְּיָין בְּנָתֵיהּ דִּשְׁמוּאֵל כִּשְׁגָגָה שֶׁיּוֹצָא מִלִּפְנֵי הַשַּׁלִּיט. כַּד סַלְקוֹן לְהָכָא סַלְקָן שַׁבְיָין עִמְּהוֹן. עֲלִין קוֹמֵי רִבִּי חֲנִינָה אוֹקִימָן שַׁבְיָין מִלְּבַר. אָמְרִין לֵיהּ. נִשְׁבִּינוּ וּטְהוֹרוֹת אָנוּ. וְהִתִּירָן. מִן דְּנַפְקָן שְׁלָחוֹן שַׁבְיִין עָלִין אָמַר. נִיכָּרוֹת אֵילּוּ שֶבְּנוֹת חָכָם הֵן. מִן דְּאִיתוּ דְּעִין מָאן הַוְיָין אָמְרִין לְשִׁמְעוֹן בַּר בָּא. אִיטְפַּל בִּקְרִיבָתָךְ. נְסַב לְקַדְמִיתָא וּמִיתַת. לְתִנְיָינא וּמִיתַת. לָמָּה. בְּגִין דְשָׁקְרוֹן. חַס וְשָׁלוֹם. לָא שָׁקְרוֹן. אָלָּא מִן חַטָּאת דַּחֲנַנְיָה בֶּן אֲחִי רִבִּי יְהוֹשֻׁעַ שֶׁעִיבֵּר אֶת הַשָּׁנָה בְחוּצָה לָאָרֶץ.

105The entire Halakhah is reproduced in the Babli, 23a. Women were kidnapped and brought there106To Nahardea in Babylonia.. The case came before Abba bar Abba107Samuel’s father., and Samuel. They ordered and gave them over to chaperones who were to return them to the Land of Israel. He108Samuel. said to him107Samuel’s father.: What did we do for the earlier times when they were alone with them? Abba bar Abba said to him, would you say so if they were your daughters? Samuel’s daughters were kidnapped, “like an error which comes from the ruler”109Eccl. 10:5. From the story of another daughter of Samuel, Rachel, who was kidnapped and raped during the destruction of Nahardea by a soldier of Odenathus who later converted and married her, it seems that one has to date this at 259 C.E., after Samuel’s death.. When they were brought here, their kidnappers came with them. They came before Rebbi Ḥanina and left their kidnappers outside. They said to him, we were kidnapped but we are pure110Speaking Hebrew, they made it clear that they were educated.. He permitted them. After they left, their kidnappers sent after them111To collect the redemption money from the Jewish community of Sepphoris.. He said, it is obvious that these are the daughters of a Sage. When they came to know who they were, they said to Simeon bar Abba112A relative of Samuel and a Cohen., take care of your relatives. He married the first one, but she died. The second one and she died. Why? Because they lied? God forbid, they did not lie. But because of the sin of Ḥanania, Rebbi Joshua’s nephew, who intercalated the year outside the Land113He was the founder of the Academy of Nahardea and the ancestor of its leaders, Abba bar Abba and Samuel. He validly intercalated years during the war of Bar Kokhba but tried to hold on to his prerogative after the patriarchate was re-established; cf. Nedarim 6:13, Notes 118–129, Babli Berakhot 63a.
The last sentences of this paragraph have no parallel in the Babli.
.

105The entire Halakhah is reproduced in the Babli, 23a. Women were kidnapped and brought there106To Nahardea in Babylonia.. The case came before Abba bar Abba107Samuel’s father., and Samuel. They ordered and gave them over to chaperones who were to return them to the Land of Israel. He108Samuel. said to him107Samuel’s father.: What did we do for the earlier times when they were alone with them? Abba bar Abba said to him, would you say so if they were your daughters? Samuel’s daughters were kidnapped, “like an error which comes from the ruler”109Eccl. 10:5. From the story of another daughter of Samuel, Rachel, who was kidnapped and raped during the destruction of Nahardea by a soldier of Odenathus who later converted and married her, it seems that one has to date this at 259 C.E., after Samuel’s death.. When they were brought here, their kidnappers came with them. They came before Rebbi Ḥanina and left their kidnappers outside. They said to him, we were kidnapped but we are pure110Speaking Hebrew, they made it clear that they were educated.. He permitted them. After they left, their kidnappers sent after them111To collect the redemption money from the Jewish community of Sepphoris.. He said, it is obvious that these are the daughters of a Sage. When they came to know who they were, they said to Simeon bar Abba112A relative of Samuel and a Cohen., take care of your relatives. He married the first one, but she died. The second one and she died. Why? Because they lied? God forbid, they did not lie. But because of the sin of Ḥanania, Rebbi Joshua’s nephew, who intercalated the year outside the Land113He was the founder of the Academy of Nahardea and the ancestor of its leaders, Abba bar Abba and Samuel. He validly intercalated years during the war of Bar Kokhba but tried to hold on to his prerogative after the patriarchate was re-established; cf. Nedarim 6:13, Notes 118–129, Babli Berakhot 63a.
The last sentences of this paragraph have no parallel in the Babli.
.

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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