Yerushalmi Ketubot 2:9 ירושלמי כתובות ב׳:ט׳

MISHNAH: A woman who was jailed by Gentiles, if because of money matters, she is permitted to her husband¹⁴⁷She is permitted to her Cohen husband since certainly she was not raped; the Gentiles who hold her for the payment of a debt would be afraid to have to pay the diminution of her value following a rape.; if because of criminal matters, she is prohibited to her husband¹⁴⁸It is not clear whether this means that she is forbidden to her Cohen husband since she certainly would be raped, or even to her Israel husband since she would agree to sleep with one of her jailers who promised to save her.. If a city was conquered after a siege¹⁴⁹Greek χαράκωμα “palisade”., all wives of priests in it are disqualified¹⁵⁰Disqualified from eating heave and from living with their husbands.; but if they have witnesses, even a slave, even a slave girl, those are trustworthy¹⁵¹The singular shows that a single witness is acceptable, even though first “witnesses” are mentioned.; but¹⁵²This is one of the examples that שֶׁ may mean וְ (cf. Mishnah Beṣah 1:2). nobody is trustworthy about himself. Rebbi Zachariah, the son of the butcher¹⁵³He was a Cohen., said, by the Temple! Her hand did not leave my hand from the moment the Gentiles entered Jerusalem until they left! They said to him, nobody testifies on his own behalf.

HALAKHAH: “A woman who was jailed by Gentiles,” etc. There, we have stated¹⁵⁴Mishnah Idiut 8:2; quoted in extenso in the Babli, 26b/27a. The argument is about the part of the Mishnah not quoted here, that the Sages forced the family to accept her as marriageable by a Cohen.: “Rebbi Yose the Cohen and Rebbi Zachariah the son of the butcher testified about a girl who was given as a pledge in Ascalon¹⁵⁵That she could be sold as a slave if her parents did not pay their debt. and her family excluded her¹⁵⁶Declared her unfit to be married by a Cohen., but her witnesses testified that she never was in a secret place and was not impure.” Because the witnesses testified that she never was in a secret place and was not impure; therefore, not if no witnesses testified that she never was in a secret place and was not impure¹⁵⁷She was held for money, and according to the Mishnah should need no witnesses.! Rebbi Eleazar said, there is a difference about a pledge, because many treat her as permitted¹⁵⁸People assumed that ultimately she would be sold as a slave and, therefore, could be treated as such even beforehand. In the Babli, 27a, this explanation is offered by Rava (cf. Introduction to Tractate Yebamot, p. 6), but is rejected in that Talmud..

“If because of criminal matters she is prohibited.” Rebbi Yudan the son of Rav Ḥama¹⁵⁹The title “Rav” is certainly suspect. He might be identical with Rebbi Ḥiyya from Kefar Teḥumim. from Kefar Teḥumim in the name of Ḥizqiah: Only if she was sentenced to death. Rebbi Joḥanan said, even if she was not sentenced to death¹⁶⁰Their disagreement is confirmed in the Babli, 27a.. They said in the name of Rebbi Joḥanan: A robber’s wife is like a robber¹⁶¹Greek λῃστής.’¹⁶²In the Babli, this is Rav’s opinion..

What are palisades? Rebbi Abba in the name of Rav Ḥiyya bar Ashi: For examples if bells, chains, and ropes¹⁶⁴Interpretation of Musaphia. The parallel text in Giṭṭin reads וְאִיסְטְרָטִיּוֹת soldiery., and geese, and chickens and machinery¹⁶⁵In Giṭṭin כְּלָבִים “dogs”. The same in the Babli, 27a. surround the town¹⁶⁶The bells, geese, etc. shall make sure that nobody escapes.. And Rebbi Abba in the name of Rav Ḥama¹⁶⁷Here certainlyחמא is a mistake for חייה, cf. Note 159. bar Ashi said, it happened that a blind woman was able to flee from there¹⁶⁸He questions the Mishnah. If a blind woman can escape a siege conducted so that nobody should escape, then everybody could escape and the fact that at the beginning of the siege the wife of a Cohen was in the town does not mean anything.. If there was one breach¹⁶⁹In the palisades surrounding the town., it saves all. If there were hiding places, it is questionable¹⁷⁰It is undecided whether a woman can claim that she was in hiding and not a victim of the entering army.. Rebbi Ze‘ira, Rebbi Abba bar Zavda, Rebbi Isaac bar Ḥaqula, in the name of Rebbi Yudan the prince: Only if there were palisades of that government¹⁷¹The Mishnah speaks only of a revolt or a civil war, when the army is ordered to attack (and enslave) the civilian population. A conquering foreign army might plunder, but its soldiers are not under orders to rape all women. In the interpretation of Tosaphot (s. v. כאן), the same statement appears in the Babli, 27a, in the name of Ḥizqiah.. But palisades from another government are like robbers.

And even a minor. Rebbi Immi in the name of Rebbi Joshua ben Levi: Even a minor, even a relative. Even an underage relative? Let us hear from the following: Ḥananiah from Cartes¹⁷²In the parallel in the Babli, 27b, the story is told by a R. Ḥanina from Carthage (or Carthagena). was kidnapped, he, his son, and his wife. They came before Rebbi Ḥanina who did not receive them. They came before Rebbi Joshua ben Levi who received them¹⁷³He let the husband, a Cohen, stay married to his wife on the testimony of his own underage son. The Babli disagrees, 27b, and admits the testimony of children and family slaves only if given spontaneously, without being asked; certainly not in the court of a rabbi.. This implies, even an underage relative.

¹⁷³He let the husband, a Cohen, stay married to his wife on the testimony of his own underage son. The Babli disagrees, 27b, and admits the testimony of children and family slaves only if given spontaneously, without being asked; certainly not in the court of a rabbi. Rebbi Ḥiyya bar Yosef sent after his wife. He said, three students should accompany her, so that if one has to absent himself for his needs, she should still be with two of them. But did we not state: “And they give him two scholars to prevent him from sleeping with her on the trip”? Rebbi Abin said, with her husband that makes three. ¹⁷⁴“He” is R. Zachariah, the son of the butcher, and “she” is his wife whom he refused to divorce but with whom he could not live. Also he rented a house for her and looked after her upkeep but was never alone with her except in the presence of her children. He applied to himself the verse¹⁷⁵Jer. 45:3.: “I exercised myself in my worry but found no rest”.