Talmud Yerushalmi
Yerushalmi Yevamot 2:6 ירושלמי יבמות ב׳:ו׳
Part of: Chapter 2
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משנה: מִי שֶׁיֵּשׁ לוֹ בֵּן מִכָּל מָקוֹם פּוֹטֵר אֶת אֵשֶׁת אָבִיו מִן הַיִיבּוּם וְחַיָיב עַל מַכָּתוֹ וְעַל קִלְלָתוֹ וּבְנוֹ לוֹ לְכָל דָּבָר חוּץ מִמִּי שֶׁיֵּשׁ לוֹ מִן הַשִּׁפְחָה וּמִן הַנָּכְרִית.
MISHNAH: Any person who has a child124Even illegitimate or bastard. anywhere frees [the child’s] father’s wife from levirate; [the child] would be guilty for wounding or cursing [the father]127Ex. 21:15,17.; he is his child in every respect125Including inheritance. except if he were from a slave woman126If she is not his own property. In the latter case, one might assume that he freed the mother of his child. She is a semi-Jew who upon manumission and immersion in a miqweh becomes a full Jew. Therefore, she is not in the same category as a non-Jewish woman. or a non-Jew.
MISHNAH: Any person who has a child124Even illegitimate or bastard. anywhere frees [the child’s] father’s wife from levirate; [the child] would be guilty for wounding or cursing [the father]127Ex. 21:15,17.; he is his child in every respect125Including inheritance. except if he were from a slave woman126If she is not his own property. In the latter case, one might assume that he freed the mother of his child. She is a semi-Jew who upon manumission and immersion in a miqweh becomes a full Jew. Therefore, she is not in the same category as a non-Jewish woman. or a non-Jew.
הלכה: מִי שֶׁיֵּשׁ לוֹ בֵּן מִכָּל מָקוֹם כול׳. רִבִּי אָבִין בָּעֵי וּבְנוֹ לְכָל דָּבָר. אֲפִילוּ לְפִירְיָיה וְרִבְיָיה. וְלֹא שַׁנְיָיה בֵּן גוֹי שֶׁבָּא עַל בַּת יִשְׂרָאֵל וְיָלְדָה. בֵּן יִשְׂרָאֵל שֶׁבָּא עַל גוֹיָה וְיָלְדָה. משום בתיִשְׂרָאֵל וְיָלְדָה. בְּכוֹר לְנַחֲלָה וְאֵינוֹ בְּכוֹר לַכֹּהֵן.
HALAKHAH: “Any person who has a child anywhere”, etc. Rebbi Avin asked: “His child in every respect”, even for being fruitful and multiplying129Cf. Mishnah 6:6. Since no answer is given, it seems obvious that a bastard counts as a child. This is the interpretation of R. Mose Isserls.? Is there no difference130The Spanish tradition, from Nachmanides to R. Nissim, reads לפריה וּלרביה ולשניות “for being fruitful and multiplying and secondary prohibitions”. between a Gentile who came to a Jewish woman and she gave birth and a Jew who came to a Gentile woman and she gave birth131In both cases, of the three partners in the creation of a child, father, mother, and God (Peah, Chapter 1, Note 116), the child has only two since legally it has no father.? “When she became Jewish and gave birth it is a first-born for inheritance but not a first-born for the Cohen.132Mishnah Bekhorot 8:1. If the Gentile first has a child as a Gentile, then converts and marries the father of her child, the next child, if male, will be the father’s firstborn (since he is no relative of the other child) but does not have to be redeemed (Ex. 34:20) since he is not the first child of the mother.”
HALAKHAH: “Any person who has a child anywhere”, etc. Rebbi Avin asked: “His child in every respect”, even for being fruitful and multiplying129Cf. Mishnah 6:6. Since no answer is given, it seems obvious that a bastard counts as a child. This is the interpretation of R. Mose Isserls.? Is there no difference130The Spanish tradition, from Nachmanides to R. Nissim, reads לפריה וּלרביה ולשניות “for being fruitful and multiplying and secondary prohibitions”. between a Gentile who came to a Jewish woman and she gave birth and a Jew who came to a Gentile woman and she gave birth131In both cases, of the three partners in the creation of a child, father, mother, and God (Peah, Chapter 1, Note 116), the child has only two since legally it has no father.? “When she became Jewish and gave birth it is a first-born for inheritance but not a first-born for the Cohen.132Mishnah Bekhorot 8:1. If the Gentile first has a child as a Gentile, then converts and marries the father of her child, the next child, if male, will be the father’s firstborn (since he is no relative of the other child) but does not have to be redeemed (Ex. 34:20) since he is not the first child of the mother.”
גּוֹי שֶׁבָּא עַל גּוֹיָה וְיָלְדָה. רִבִּי יוֹחָנָן אָמַר. גוֹיִם יֵשׁ לָהֶם יְחָסִים. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. גוֹיִם אֵין לָהֶן יְחָסִין. וְהָא כְתִיב בָּעֵת הַהִיא שָׁלַח מְרוֹדָךְ בַּלְאֲדָן בֶּן בַּלְאֲדָן מֶלֶךְ בָּבֶל סְפָרִים וּמִנְחָה אֶל חִזְקִיָּהוּ. עַל יְדֵי שֶׁכִּיבֵּד זְקֵינוֹ זָכָה לְהִתְיָחֵס. וְהָא כְתִיב וַיִּשְׁלַח הַמֶּלֶךְ אָסָא אֶל בֶּן הֲדַד בֶּן טַבְרִימוֹן בֶּן חֶזָיוֹן מֶלֶךְ אֲרָם הַיּוֹשֵׁב בְּדַמֶשֶׂק לֵאמֹר. קוֹצֵץ בֶּן קוֹצֵץ. כְּמָה דְּאַתּ אָמַר כִּי הָמָן בֶּן הַמְדָתָא. וְכִי בֶּן הַמְדָתָא הָיָה. אֶלָּא צוֹרֵר בֶּן צוֹרֵר. אוּף הָכָא קוֹצֵץ בֶּן קוֹצֵץ. אָמַר רִבִּי תַנְחוּמָא. כָּךְ מֵשִׁיב רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אֶת רִבִּי יוֹחָנָן. וְהָא כְתִיב וּלְצִיבָא שִׁשָּׁה עָשָׂר בָּנִים וְעֶשְׂרִים עֲבָדִים. וַעֲבָדִים יֵשׁ לָהֶן יִיחוּס. בָּא לִמְנוֹת שׁוֹמְטִין שֶׁלִּמְפִיבוֹשֶׁת.
A Gentile came to a Gentile woman and she gave birth. Rebbi Joḥanan said, Gentiles have family relationships133The verse Gen. 2:24: “Therefore, a man abandons his father and his mother and clings to his wife so they will be one flesh” is interpreted to mean that, by the laws of Creation, incest between parents and children, adultery (with a wife not his own) and possibly homosexuality are forbidden. The question is whether a court can enforce the incest prohibition between father and daughter. If there is no recognized legal relationship, that cannot be enforced. R. Joḥanan holds that any court on earth, even a Jewish one, can punish incest between Gentile father and daughter. R. Simeon ben Laqish disagrees.
In the Babli, 62a, the parallel discussion is on a completely different topic, whether the firstborn of a proselyte who converted together with his father is entitled to the customary double portion of the inheritance. R. Joḥanan answers in the affermative, R. Simeon ben Laqish in the negative.. Rebbi Simeon ben Laqish said, Gentiles have no family relationships. But is it not written134Is. 39:1.: “At that time, Merodakh-Baladan, son of Baladan, king of Babylon, sent letters and a gift to Ḥizqiah.” Since he honored his elder135Babli Sanhedrin 96a reports that Baladan was incapacitated and Merodakh added his father’s name to his own so that all acts of his regency should also be in his father’s name., he was honored with a family relationship. But is it not written1361K. 15:18. The text is contaminated with 2Chr. 16:2.: “At that time, king Asa sent to Ben-Hadad, son of Tabrimon, son of Ḥezayon, king of Damascus, as follows.” Destroyer son of a destroyer. As you say137Esth. 9:24. In Targum Šeni 3:1, the family tree of Haman is given up to his ancestor Esaw. It is not clear there whether “Hamedata the Agagite” is intended as a name or a title. In the latter case, Haman’s father’s name was Seraḥ.: “For Haman ben Hamedata was”. Was he the son of Hamedata? That means, oppressor son of an oppressor. So here also, destroyer son of a destroyer. Rebbi Tanḥuma said, so did Rebbi Simeon ben Laqish answer Rebbi Joḥanan, but is there not written1382S. 9:10. In v. 2, Ṣiba is called “ ‘ebed of the House of Saul”. Since in v. 9 he is called “esquire of Saul”, it seems that ‘ebed represents the usage of the time the book was finally edited, the later kingdom of Judah, when ‘ebed was the recognized title of officials directly responsible to the king.: “Ṣiba had sixteen sons and twenty slaves.” Do slaves have family relationships139Not being able to legally marry, they are empowered to be promiscuous without guilt.? It is to enumerate those who served Mephiboshet together.
A Gentile came to a Gentile woman and she gave birth. Rebbi Joḥanan said, Gentiles have family relationships133The verse Gen. 2:24: “Therefore, a man abandons his father and his mother and clings to his wife so they will be one flesh” is interpreted to mean that, by the laws of Creation, incest between parents and children, adultery (with a wife not his own) and possibly homosexuality are forbidden. The question is whether a court can enforce the incest prohibition between father and daughter. If there is no recognized legal relationship, that cannot be enforced. R. Joḥanan holds that any court on earth, even a Jewish one, can punish incest between Gentile father and daughter. R. Simeon ben Laqish disagrees.
In the Babli, 62a, the parallel discussion is on a completely different topic, whether the firstborn of a proselyte who converted together with his father is entitled to the customary double portion of the inheritance. R. Joḥanan answers in the affermative, R. Simeon ben Laqish in the negative.. Rebbi Simeon ben Laqish said, Gentiles have no family relationships. But is it not written134Is. 39:1.: “At that time, Merodakh-Baladan, son of Baladan, king of Babylon, sent letters and a gift to Ḥizqiah.” Since he honored his elder135Babli Sanhedrin 96a reports that Baladan was incapacitated and Merodakh added his father’s name to his own so that all acts of his regency should also be in his father’s name., he was honored with a family relationship. But is it not written1361K. 15:18. The text is contaminated with 2Chr. 16:2.: “At that time, king Asa sent to Ben-Hadad, son of Tabrimon, son of Ḥezayon, king of Damascus, as follows.” Destroyer son of a destroyer. As you say137Esth. 9:24. In Targum Šeni 3:1, the family tree of Haman is given up to his ancestor Esaw. It is not clear there whether “Hamedata the Agagite” is intended as a name or a title. In the latter case, Haman’s father’s name was Seraḥ.: “For Haman ben Hamedata was”. Was he the son of Hamedata? That means, oppressor son of an oppressor. So here also, destroyer son of a destroyer. Rebbi Tanḥuma said, so did Rebbi Simeon ben Laqish answer Rebbi Joḥanan, but is there not written1382S. 9:10. In v. 2, Ṣiba is called “ ‘ebed of the House of Saul”. Since in v. 9 he is called “esquire of Saul”, it seems that ‘ebed represents the usage of the time the book was finally edited, the later kingdom of Judah, when ‘ebed was the recognized title of officials directly responsible to the king.: “Ṣiba had sixteen sons and twenty slaves.” Do slaves have family relationships139Not being able to legally marry, they are empowered to be promiscuous without guilt.? It is to enumerate those who served Mephiboshet together.
שִׁפְחָה. הָאִשָּׁה וִילָדֶיהָ תִּהְיֶה לַאדוֹנֶיהָ. נָכְרִית. רִבִּי יוֹחָנָן אָמַר בְּשֵׁם רִבִּי שִׁמְעוֹן בֶּן יוֹחַי. כְּתִיב לֹא תִּתְחַתֵּן בָּם וּכְתִיב כִּי יָסִיר אֶת בִּנְךָ מֵאַחֲרַי. בִּנְךָ מִיִּשְׂרָאֵלִית קָרוּי בִּנְךָ. וְאֵין בִּנְךְ מִגּוֹיָה קָרוּי בִּנְךָ אֶלָּא בְּנָהּ.
A slave woman: “The woman and her children shall belong to her owner.140Ex. 18:4, speaking of the Jewish indentured servant who has to serve for six years. If the children he had during that time with a slave woman were his, they would have to be freed with him at the end of his servitude.” A Gentile woman. Rebbi Joḥanan said in the name of Rebbi Sineon ben Ioḥai, it is written141Deut. 7:3–4. Since only the masculine is used, “he will divert”, but not the feminine, it is concluded that the verse speaks only about the Gentile husband. Therefore, the child of the Jewish husband and the Gentile wife is not the husband’s child.
The parallel to this paragraph is in the Babli 23a.: “You shall not conclude marriage with them”. And it is written: “For he will divert your son from after Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son.
A slave woman: “The woman and her children shall belong to her owner.140Ex. 18:4, speaking of the Jewish indentured servant who has to serve for six years. If the children he had during that time with a slave woman were his, they would have to be freed with him at the end of his servitude.” A Gentile woman. Rebbi Joḥanan said in the name of Rebbi Sineon ben Ioḥai, it is written141Deut. 7:3–4. Since only the masculine is used, “he will divert”, but not the feminine, it is concluded that the verse speaks only about the Gentile husband. Therefore, the child of the Jewish husband and the Gentile wife is not the husband’s child.
The parallel to this paragraph is in the Babli 23a.: “You shall not conclude marriage with them”. And it is written: “For he will divert your son from after Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son.
יַעֲקֹב אִישׁ כְּפַר נַבּוֹרַיָּה אֲזַל לְצוֹר. אַתּוֹן שָׁאֲלִין לֵיהּ. מַהוּ מִיגְזָר בְּרֵיהּ דַּאֲרָמִיָיתָא בְּשׁוּבְתָּא וְסָבַר מִישְׁרֵי לוֹן מִן הָדָא וַיִתְיַלְּדוּ עַל מִשְׁפְּחוֹתָם לְבֵית אֲבוֹתָם. שָׁמַע רִבִּי חַגַּיי אָמַר. יֵיתֵי. אַיְיתוּנֵיהּ דְּיִלְקֵי. אָמַר לֵיהּ. מֵאֵיכָן אַתָּה מַלְקֵינִי. אָמַר לֵיהּ. מִן הָדָא דִכְתִיב וְעַתָּה נִכְרוֹת בְּרִית לֵאלֹהֵינוּ. אָמַר לֵיהּ. מִן הַקַּבָּלָה אַתְּ מַלְקֵינִי. אָמַר לֵיהּ. וְכַתּוֹרָה יֵעָשֶׂה. אָמַר לֵיהּ. מִן הֵדָא אוֹרַיָיה. אָמַר לֵיהּ. מִן הַהִיא דְּאָמַר רִבִּי יוֹחָנָן בְּשֵׁם רִבִּי שִׁמְעוֹן בֶּן יוֹחַי. כְּתִיב לֹא תִּתְחַתֵּן בֶּם וּכְתִיב כִּי יָסִיר אֶת בִּנְךָ מַאַחֲרַיי. בִּנְךָ מִיִּשְׂרָאֵלִית קָרוּי בִּנְךָ. וְאֵין בִּנְךְ מִגּוֹיָה קָרוּי בִּנְךָ אֶלָּא בְּנָהּ. אָמַר לֵיהּ. חֲבוֹט חַבְטָךְ דְּהוּא טָבָא בְּקֻלְטָא.
142Parallels in Qiddušin 3:14; Gen. rabba 7(3); Eccl. rabba 7:26; Bemidbar rabba, Tanḥuma, both Pesiqtot, to Ḥuqqat (Parah). Jacob from Kefar Naboraia went to Tyre. They came to ask him, may one circumcise the son of a Gentile woman143The son of a Jewish father born on the Sabbath, converted at birth. on the Sabbath? He wanted to permit it from the verse144Num. 1:18, which determines the clan by patrilinear descent. The principle is expressed in Mishnah Qiddušin 3:12: “If there is a possibility of marriage without sin, the child follows its father”, even if the parents are not married.: “They determined their genealogies for their families according to their fathers’ houses.” Rebbi Ḥaggai heard it and said, he shall come. They brought him in order to be whipped. He said to him, for what reason do you whip me? He said, from what is written145Ezra 10:3: “Now we shall make a covenant for our God to expel all these [foreign] women and what was born to them, as counseled by the Lord, by those who fear the commandments of our God; it should be done according to the Torah”. As usual, the main point is the part not quoted.: “Now we shall make a covenant for our God”. He said, you want to whip me based on tradition146“Tradition” is the name for the books of Prophets and Hagiographs which are not books of law. The most one can infer from a text of tradition is how Torah laws were handled in later times.? He said, “and it should be done according to the Torah.” He said to him, from which teaching? He said, from that which Rebbi Joḥanan said in the name of Rebbi Simeon ben Ioḥai, it is written: “You shall not conclude marriage with them”. And it is written: “For he will divert your son from after Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son. He said to him, whip your whipping, because it is good to impress147To impress upon him the lesson he should not forget..
142Parallels in Qiddušin 3:14; Gen. rabba 7(3); Eccl. rabba 7:26; Bemidbar rabba, Tanḥuma, both Pesiqtot, to Ḥuqqat (Parah). Jacob from Kefar Naboraia went to Tyre. They came to ask him, may one circumcise the son of a Gentile woman143The son of a Jewish father born on the Sabbath, converted at birth. on the Sabbath? He wanted to permit it from the verse144Num. 1:18, which determines the clan by patrilinear descent. The principle is expressed in Mishnah Qiddušin 3:12: “If there is a possibility of marriage without sin, the child follows its father”, even if the parents are not married.: “They determined their genealogies for their families according to their fathers’ houses.” Rebbi Ḥaggai heard it and said, he shall come. They brought him in order to be whipped. He said to him, for what reason do you whip me? He said, from what is written145Ezra 10:3: “Now we shall make a covenant for our God to expel all these [foreign] women and what was born to them, as counseled by the Lord, by those who fear the commandments of our God; it should be done according to the Torah”. As usual, the main point is the part not quoted.: “Now we shall make a covenant for our God”. He said, you want to whip me based on tradition146“Tradition” is the name for the books of Prophets and Hagiographs which are not books of law. The most one can infer from a text of tradition is how Torah laws were handled in later times.? He said, “and it should be done according to the Torah.” He said to him, from which teaching? He said, from that which Rebbi Joḥanan said in the name of Rebbi Simeon ben Ioḥai, it is written: “You shall not conclude marriage with them”. And it is written: “For he will divert your son from after Me.” Your son from a Jewish woman is called your son; but your son from a Gentile woman is not called your son but her son. He said to him, whip your whipping, because it is good to impress147To impress upon him the lesson he should not forget..