Talmud Yerushalmi
Yerushalmi Kiddushin 3:10 ירושלמי קידושין ג׳:י׳
Part of: Chapter 3
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משנה: הָאוֹמֵר לָאִשָּׁה קִידַּשְׁתִּיךְ וְהִיא אוֹמֶרֶת לֹא קִידַּשְׁתַּנִי הוּא אָסוּר בִּקְרוֹבוֹתֶיהָ וְהִיא מוּתֶּרֶת בִּקְרוֹבָיו. הִיא אוֹמֶרֶת קִידַּשְׁתַּנִי וְהוּא אוֹמֵר לֹא קִידַּשְׁתִּיךְ הִיא אֲסוּרָה בִּקְרוֹבָיו וְהוּא מוּתָּר בִּקְרוֹבוֹתֶיהָ. קִידַּשְׁתִּיךְ וְהִיא אוֹמֶרֶת לֹא קִידַּשְׁתָּ אֶלָּא בִתִּי הוּא אָסוּר בִּקְרוֹבוֹת הַגְּדוֹלָה וּגְדוֹלָה מוּתֶּרֶת בִּקְרוֹבָיו. הוּא מוּתָּר בִּקְרוֹבוֹת קְטַנָּה וּקְטַנָּה מוּתֶּרֶת בִּקְרוֹבָיו.
MISHNAH: If somebody says to a woman, I married you preliminarily, but she says, you did not marry me preliminarily199And there is no witness present to support either of the parties., he is forbidden her relatives200While in the absence of witnesses he cannot force the woman to be married to him, since he declares himself to be married to her he has to observe all incest prohibitions which would follow from the marriage if it were real. but she is permitted his relatives. I she says, you married me preliminarily but he says, I did not marry you preliminarily, she is forbidden his relatives but he is permitted her relatives.
“I am preliminarily married to you,” but she says, you are only preliminarily married to my daughter; he is forbidden the relatives of the old woman224Since he claims marriage with her daughter, he is forbidden the relatives he could not marry had the claim been true (cf. Mishnah Yebamot4:7). While all relatives of the mother’s are also relatives of the daughter’s, the lists of forbidden unions are different in the two cases., and the old woman is permitted his relatives; he is permitted the relatives of the young woman, and the young woman is permitted his relatives225She did not claim being party to a marriage; it was her mother who claimed for herself but the mother’s action cannot impair the daughter..
MISHNAH: If somebody says to a woman, I married you preliminarily, but she says, you did not marry me preliminarily199And there is no witness present to support either of the parties., he is forbidden her relatives200While in the absence of witnesses he cannot force the woman to be married to him, since he declares himself to be married to her he has to observe all incest prohibitions which would follow from the marriage if it were real. but she is permitted his relatives. I she says, you married me preliminarily but he says, I did not marry you preliminarily, she is forbidden his relatives but he is permitted her relatives.
“I am preliminarily married to you,” but she says, you are only preliminarily married to my daughter; he is forbidden the relatives of the old woman224Since he claims marriage with her daughter, he is forbidden the relatives he could not marry had the claim been true (cf. Mishnah Yebamot4:7). While all relatives of the mother’s are also relatives of the daughter’s, the lists of forbidden unions are different in the two cases., and the old woman is permitted his relatives; he is permitted the relatives of the young woman, and the young woman is permitted his relatives225She did not claim being party to a marriage; it was her mother who claimed for herself but the mother’s action cannot impair the daughter..
הלכה: הָאוֹמֵר לָאִשָּׁה כול׳. אָמַר רִבִּי יוֹסֵי. מִסְתַּבְּרָא דְּלָא יְהַוֵּי רִבִּי מֵאִיר פְּלִיג הָכָא. אָמַר רִבִּי מָנָא. כָּל גַּרְמֵיהּ אָמְרָה דְּהוּא פְלִיג. מָה אִין תַּמָּן שֶׁבכלום גְּדוֹלוֹת וּקְטַנּוֹת אַתְּ אָמַר. רִבִּי מֵאִיר פְּלִיג. כָָּאן שֶׁבכלום גְּדוֹלוֹת אֶצֶל קְטַנּוֹת וכלום קְטַנּוֹת אֶצֶל גְּדוֹלוֹת לֹא כָּל שֶׁכֵּן שֶׁיְּהֵא רִבִּי מֵאִיר פְּלִיג.
HALAKHAH: “If somebody says to a woman,” etc. Rebbi Yossi said, it is reasonable that Rebbi Meïr not disagree in this case220This refers to the next Mishnaiot 12 and 13, where the question is whether the mother or a daughter was being married. There, R. Meïr’s name is not mentioned. R. Yose impies that the Mishnah is R. Meïr’s.. Rebbi Mana said, the entire series implies that he disagrees. Since there, where they are all221Reading with G כּוּלָּם for כְּלוּם “nothing” of L. older and younger222The case of two groups of girls from different mothers., you say that Rebbi Meïr disagrees, so here, where all are old compared to young or young compared to old, he certainly disagrees223R. Mana seems to imply that also in Mishnah 11, and certainly in Mishnaiot 12 and 13, R. Meïr imposes incest restrictions on all parties, including those who deny being parties to a marriage..
HALAKHAH: “If somebody says to a woman,” etc. Rebbi Yossi said, it is reasonable that Rebbi Meïr not disagree in this case220This refers to the next Mishnaiot 12 and 13, where the question is whether the mother or a daughter was being married. There, R. Meïr’s name is not mentioned. R. Yose impies that the Mishnah is R. Meïr’s.. Rebbi Mana said, the entire series implies that he disagrees. Since there, where they are all221Reading with G כּוּלָּם for כְּלוּם “nothing” of L. older and younger222The case of two groups of girls from different mothers., you say that Rebbi Meïr disagrees, so here, where all are old compared to young or young compared to old, he certainly disagrees223R. Mana seems to imply that also in Mishnah 11, and certainly in Mishnaiot 12 and 13, R. Meïr imposes incest restrictions on all parties, including those who deny being parties to a marriage..