Talmud Yerushalmi
Yerushalmi Yevamot 11:5 ירושלמי יבמות י״א:ה׳
Part of: Chapter 11
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משנה: כֹּהֶנֶת שֶׁנִּתְעָרַב וַולְדָּהּ בִּוְולַד שִׁפְחָתָהּ הֲרֵי אֵילּוּ אוֹכְלִין בַּתְּרוּמָה וְחוֹלְקִין חֶלֶק אֶחָד לַגּוֹרֶן וְאֵינָן מִטַּמְּאִין לַמֵּתִים וְאֵינָן נוֹשְׂאִין נָשִׁים בֵּין כְּשֵׁירוֹת בֵּין פְּסוּלוֹת.
MISHNAH: If the child of a priestly woman was mixed up with the child of her slave girl then both may eat heave; they together take one part from the threshing floor, they may not defile themselves by becoming impure for the dead, and they may not marry women enabled or disabled [for the priesthood]116Each of them is a possible Cohen. The details are explained in the Halakhah; the removal of the disabilities is the subject of the next Mishnah..
MISHNAH: If the child of a priestly woman was mixed up with the child of her slave girl then both may eat heave; they together take one part from the threshing floor, they may not defile themselves by becoming impure for the dead, and they may not marry women enabled or disabled [for the priesthood]116Each of them is a possible Cohen. The details are explained in the Halakhah; the removal of the disabilities is the subject of the next Mishnah..
הלכה: כֹּהֶנֶת שֶׁנִּתְעָרַב וַולְדָּהּ כול׳. הֲרֵי אֵילּוּ אוֹכְלִין בַּתְּרוּמָה. שֶׁכֵּן עַבְדֵי כֹהֲנִים אוֹכְלִין בַּתְּרוּמָה.
HALAKHAH: “If the child of a priestly woman was mixed up,” etc. “Both may eat heave”, since slaves of Cohanim eat heave.
HALAKHAH: “If the child of a priestly woman was mixed up,” etc. “Both may eat heave”, since slaves of Cohanim eat heave.
וְחוֹלְקִין חֶלֶק אֶחָד עַל הַגּוֹרֶן. הָדָא הִיא דְתַנֵּי רִבִּי חִיָיה. נָשִׁים וַעֲבָדִים אֵינָן חוֹלְקִין עַל הַגּוֹרֶן אֲבָל נוֹתְנִין לָהֶן מַתְּנוֹת כְּהוּנָּה וּלְוִיָיה מִתּוֹךְ הַבַּיִת.
“They together take one part from the threshing floor,” that is what Rebbi Ḥiyya stated: One does not distribute to women and slaves on the threshing floor117As the Babli (99b) explains, one does not admit women to the public distribution of heave and tithes since a woman may lose her priestly status from one distribution to the next and still receive heave and/or tithes since the farmer may recognize her from former distributions. Slaves are excluded since the entitlement to heave was counted as a proof of priestly status (cf. Ketubot 2:7,8). but one gives them the gifts of priesthood and/or those due to Levites from the barn118Privately, where no presumption of priestly status is created..
“They together take one part from the threshing floor,” that is what Rebbi Ḥiyya stated: One does not distribute to women and slaves on the threshing floor117As the Babli (99b) explains, one does not admit women to the public distribution of heave and tithes since a woman may lose her priestly status from one distribution to the next and still receive heave and/or tithes since the farmer may recognize her from former distributions. Slaves are excluded since the entitlement to heave was counted as a proof of priestly status (cf. Ketubot 2:7,8). but one gives them the gifts of priesthood and/or those due to Levites from the barn118Privately, where no presumption of priestly status is created..
וְאֵין נוֹשְׂאִין נָשִׁים לֹא כְשֵּׁירוֹת וְלֹא פְסוּלוֹת. לֹא כְשֵׁירוֹת מִפְּנֵי הַפָּסוּל. וְלֹא פְסוּלוֹת מִפְּנֵי הַכָּשֵׁר.
“They may not marry women, whether enabled or disabled [for the priesthood].” Not enabled ones because of the disabled one. Not disabled ones because of the enabled one119The slave cannot marry any woman; the priest is forbidden to marry a woman disabled for the priesthood..
“They may not marry women, whether enabled or disabled [for the priesthood].” Not enabled ones because of the disabled one. Not disabled ones because of the enabled one119The slave cannot marry any woman; the priest is forbidden to marry a woman disabled for the priesthood..
מַהוּ שֶׁיָּבִיאוּ מִנְחָה אַחַת וּתְהֵא קְרֵיבָה בְכָלִיל. תַּנֵּי. מְבִיאִין מִנְחָה אַחַת וּמַתְנִין עָלֶיהָ וּתְהֵא קְרֵיבָה בְכָלִיל. מַהוּ שֶׁיָּבִיאוּ שְׁתֵּי מְנָחוֹת אַחַת קְרֵיבָה בְכָלִיל וְאַחַת נִקְמֶצֶת וְנֶאֱכֶלֶת. תַּנֵי. מְבִיאִין שְׁתֵּי מְנָחוֹת אַחַת קְרֵיבָה בְּכָלִיל וְאַחַת נִקְמֶצֶת וְנֶאֱכֶלֶת. מַהוּ שֶׁיָּעִידוּ עֵדוּת אַחַת וְתַעֲלֶה לָהֶם עֵדוּת אַחַת. אוֹ יָיבֹא כְהַהִיא דָמַר רִבִּי זְעִירָא רַב יִצְחָק בְּשֵׁם רַב אַסִּי. מֵאַחַר שֶׁאִילּוּ יִמְצְאוּ הָעֵדִים זוֹמְמִין אֵין נֶהֱרָגִין וְאֵין הַהוֹרֵג נֶהֱרָג. אַף הָכָא כֵן.
May they bring one cereal offering together that would be totally burned120The cereal offering of a Cohen in the Temple must be burned completely (Lev. 6:16). They may bring a cereal offering to the Temple and declare that it should be counted as the offering of the one of them who is a Cohen.? It was stated: They may bring one cereal offering conditionally that would be totally burned. May they bring two cereal offerings one of which should be burned totally and the other have a handful taken and the rest eaten121They may bring two cereal offerings to the Temple and declare that one should be counted as the offering of the one of them who is a Cohen and the other one as the offering of the slave. A handful of the second offering together with all its incense is burned on the altar and the rest eaten by the Cohanim under the rules of most holy offerings (Lev. 6:7–11).? It was stated: They may bring two cereal offerings of one which is burned totally and of the other a handful is taken and the rest eaten. May they testify together that it should be counted as testimony of one witness122Slaves are not admitted as formal witnesses. (They are admitted to ascertain facts, such as the death of a man to permit the widow to remarry.) If their testimonies are identical, may the court accept the testimony of the one who really is a Cohen?? That would follow the rule of Rebbi Ze‘ira, Rav Isaac in the name of Rav Assi: Since if they were to be found perjured they could not be executed, the murderer could not be executed123A false witness must receive the punishment that would have been meted out to the accused had his testimony been accepted by the court. Since a slave cannot be a witness in a criminal proceeding, he cannot be punished as a perjured witness. Since it is not known who of the two is a slave, neither of them can be punished. In the formulation of the Babli (Sanhedrin 41a): Testimony which is not subject to the penalties of perjuty is no testimony. The remark: “This applies here also” shows that the statement of Rav Assi refers to criminal proceedings in general. The murderer cannot be executed if one of the testimonies to his guilt is not subject to the penalties of perjury.. This applies here also.
May they bring one cereal offering together that would be totally burned120The cereal offering of a Cohen in the Temple must be burned completely (Lev. 6:16). They may bring a cereal offering to the Temple and declare that it should be counted as the offering of the one of them who is a Cohen.? It was stated: They may bring one cereal offering conditionally that would be totally burned. May they bring two cereal offerings one of which should be burned totally and the other have a handful taken and the rest eaten121They may bring two cereal offerings to the Temple and declare that one should be counted as the offering of the one of them who is a Cohen and the other one as the offering of the slave. A handful of the second offering together with all its incense is burned on the altar and the rest eaten by the Cohanim under the rules of most holy offerings (Lev. 6:7–11).? It was stated: They may bring two cereal offerings of one which is burned totally and of the other a handful is taken and the rest eaten. May they testify together that it should be counted as testimony of one witness122Slaves are not admitted as formal witnesses. (They are admitted to ascertain facts, such as the death of a man to permit the widow to remarry.) If their testimonies are identical, may the court accept the testimony of the one who really is a Cohen?? That would follow the rule of Rebbi Ze‘ira, Rav Isaac in the name of Rav Assi: Since if they were to be found perjured they could not be executed, the murderer could not be executed123A false witness must receive the punishment that would have been meted out to the accused had his testimony been accepted by the court. Since a slave cannot be a witness in a criminal proceeding, he cannot be punished as a perjured witness. Since it is not known who of the two is a slave, neither of them can be punished. In the formulation of the Babli (Sanhedrin 41a): Testimony which is not subject to the penalties of perjuty is no testimony. The remark: “This applies here also” shows that the statement of Rav Assi refers to criminal proceedings in general. The murderer cannot be executed if one of the testimonies to his guilt is not subject to the penalties of perjury.. This applies here also.