Talmud Yerushalmi
Yerushalmi Sotah 4:5 ירושלמי סוטה ד׳:ה׳
Part of: Chapter 4
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משנה: וְאֵילּוּ שֶׁבֵּית דִּין מְקַנִּין לָהֶן מִי שֶׁנִּתְחָרַשׁ בַּעֲלָהּ אוֹ נִשְׁטָה אוֹ שֶׁהָיָה חָבוּשׁ בְּבֵית הָאֲסוּרִין לֹא לְהַשְׁקוֹתָהּ אָמְרוּ אֶלָּא לְפָסְלָהּ מִכְּתוּבָּתָהּ. רִבִּי יוֹסֵי אוֹמֵר אַף לְהַשְׁקוֹתָהּ שֶׁכְּשֶׁיֵּצֵא בַעֲלָהּ מִבֵּית הָאֲסוּרִין יַשְׁקֵינָּה.
MISHNAH: For the following the court will declare jealousy: One whose husband had become a deaf-mute, or insane, or was confined in a jail; not to make her drink but to make her ineligible for her ketubah84Since Num. 5:14 requires the husband to declare his jealousy in order to bring her to the Temple. R. Yose requires the presence of the husband only for the trip to the Temple and the ceremony (vv. 15 ff.). Rebbi Yose says, also to make her drink: When her husband will be freed from jail he should make her drink.
MISHNAH: For the following the court will declare jealousy: One whose husband had become a deaf-mute, or insane, or was confined in a jail; not to make her drink but to make her ineligible for her ketubah84Since Num. 5:14 requires the husband to declare his jealousy in order to bring her to the Temple. R. Yose requires the presence of the husband only for the trip to the Temple and the ceremony (vv. 15 ff.). Rebbi Yose says, also to make her drink: When her husband will be freed from jail he should make her drink.
הלכה: אֵילּוּ שֶׁבֵּית דִּין מְקַנִּין לָהֶן כול׳. בְּנֵי יִשְׂרָאֵל.
HALAKHAH: “For the following the court will declare jealousy,” etc. “The children of Israel.85This paragraph is copied verbally from Halakhah 1, Notes 10–12, but the meaning is different.”
HALAKHAH: “For the following the court will declare jealousy,” etc. “The children of Israel.85This paragraph is copied verbally from Halakhah 1, Notes 10–12, but the meaning is different.”
וִיקַנֵּא וְיַשְׁקֶינָּה. גְּזֵירַת הַכָּתוּב הִיא וְהֵבִיא הָאִישׁ אֶת אִשְׁתּוֹ אֶל הַכֹּהֵן. וְלֹא יְקַנֶּא לָהּ. הַתּוֹרָה אָמְרָה. וְקִינֵּא אֶת אִשְׁתּוֹ. וְקִינֵּא אֶת אִשְׁתּוֹ. אֲפִילוּ מִקְצַת אִשְׁתּוֹ.
85This paragraph is copied verbally from Halakhah 1, Notes 10–12, but the meaning is different. Why can he not make her drink86Why does the majority not empower the freed or healed husband to make his wife drink?? It is a decision of the verse: “The man shall bring his wife to the Cohen87Num. 5:15..” Then he should not be able to declare his jealousy88The court as guardian of the incapacitated man should not be able to do what he himself could not do at the moment.! The Torah said, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife,89Num. 5:14; the court is empowered even if the man is temporarily disabled from acting as a husband.” even if she is only partially his wife.
85This paragraph is copied verbally from Halakhah 1, Notes 10–12, but the meaning is different. Why can he not make her drink86Why does the majority not empower the freed or healed husband to make his wife drink?? It is a decision of the verse: “The man shall bring his wife to the Cohen87Num. 5:15..” Then he should not be able to declare his jealousy88The court as guardian of the incapacitated man should not be able to do what he himself could not do at the moment.! The Torah said, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife,89Num. 5:14; the court is empowered even if the man is temporarily disabled from acting as a husband.” even if she is only partially his wife.
בִּיאַת פְּסוּלִין מְנַיִין שֶׁהִיא פּוֹסֶלֶת. מַה נָן קַיָימִין. אִם בְּאֵשֶׁת אִישׁ חֲמוּרָה הִיא. אִם בְּאַלְמָנָה לְכֹהֵן גָּדוֹל כְּבַר כָּתוּב וְהֵבִיא הָאִישׁ אֶת אִשְׁתּוֹ אֶל הַכֹּהֵן. הַצַּד הַשָּׁוֶה שֶׁבָּהֶן אֵת שֶׁזַרְעוֹ פָסוּל בִּיאָתוֹ פוֹסֵלֶת. וְאֵת שֶׁאֵין זַרְעוֹ פָּסוּל אֵין בִּיאָתוֹ פוֹסֵלֶת. וְאֵילּוּ הֵן. בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד גֵּר עֲמוֹנִי וּמוֹאָבִי אֲדוֹמִי מִצְרִי עֶבֶד מַמְזֵר חָלָל נָתִין כּוּתִי וְגוֹי שֶׁבָּאוּ עַל בַּת כֹּהֵן עַל בַּת לֵוִי וְעַל בַּת יִשְׂרָאֵל פּוֹסֶלֶת מִן הַכְּהוּנָּה. רִבִּי יוֹסֵי אוֹמֵר. כָּל שֶׁזַּרְעוֹ פָּסוּל בִּיאָתוֹ פוֹסֵלֶת. וְכָל שֶׁאֵין זַרְעוֹ פָּסוּל אֵין בִּיאָתוֹ פוֹסֵלֶת. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר. כַּל שֶׁאַתְּ מוּתָּר בְּבִתּוֹ אַתְּ מוּתָּר בְּאַלְמָנָתוֹ. וְכָל שֶׁאֵין אַתְּ מוּתָּר בְּבִתּוֹ אֵין אַתְּ מוּתָּר בְּאַלְמָנָתוֹ.
From where that the intercourse of a disabled disables90Disables a woman of the priestly clan (a wife or a daughter) from eating sanctified food such as heave; cf. Yebamot 7:5.? What are we talking about? If about a married woman, there is a serious [offense].91Adultery is a capital crime. If about a widow married to the High Priest, it already is written “The man shall bring his wife to the Cohen.92Cf. Note 87. Mishnah 1 already stated that a forbidden wife is not counted as a wife and we just have established that the intercourse with a man who cannot be legally married bars a woman from priesthood.” What is equal between them is: Everybody’s intercourse disqualifies those whose descendant would be disqualified93The child of the otherwise married woman is a bastard, the child of the widow married to the High Priest is desecrated.. 94This text is from Yebamot 7:5, Notes 111–116. These are: “A child of nine years and one day, an Ammonite, Moabite, Edomite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of a Cohen, a Levite, or an Israel, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies those whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.”
From where that the intercourse of a disabled disables90Disables a woman of the priestly clan (a wife or a daughter) from eating sanctified food such as heave; cf. Yebamot 7:5.? What are we talking about? If about a married woman, there is a serious [offense].91Adultery is a capital crime. If about a widow married to the High Priest, it already is written “The man shall bring his wife to the Cohen.92Cf. Note 87. Mishnah 1 already stated that a forbidden wife is not counted as a wife and we just have established that the intercourse with a man who cannot be legally married bars a woman from priesthood.” What is equal between them is: Everybody’s intercourse disqualifies those whose descendant would be disqualified93The child of the otherwise married woman is a bastard, the child of the widow married to the High Priest is desecrated.. 94This text is from Yebamot 7:5, Notes 111–116. These are: “A child of nine years and one day, an Ammonite, Moabite, Edomite, or Egyptian proselyte, or a bastard, desecrated, Gibeonite, Samaritan, and Gentile who had intercourse with the daughter of a Cohen, a Levite, or an Israel, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies those whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow; if his daughter is not permitted to you, neither is his widow.”