Yerushalmi Yevamot 3:12 ירושלמי יבמות ג׳:י״ב

MISHNAH: If two men gave qiddushin to two women and when they entered the bridal chamber¹⁵¹The act of marriage itself which was preceded by a public ceremony and which validates the marriage in terms of civil law. The meaning of “bridal canopy” given today to the word חוּפָּה is comparatively recent, not older than about 1000 years. In terms of criminal law, the couple are married from the time of qiddushin; therefore, the marriage with the wrong wife constitutes adultery. they switched each of them to the other¹⁵²Inadvertently, maybe because they never had seen their brides beforehand., they are guilty of [adultery with] a married woman. If they were brothers, they also are guilty because of [the prohibition of] the brother’s wife. If they were sisters, they are guilty also because of [the prohibition of] “a woman in addition to her sister”. If they were menstruating, they are guilty also because of [the prohibition of] menstruating women¹⁵³It is possible to commit 4 deadly sins in one act; this would require 8 purification offerings per pair.. And all of these one separates for three months to see whether they are pregnant. If they were minors not able yet to have children one returns them at once. If they were from priestly families they are disabled for heave¹⁵⁴Lev. 22:13 states that the daughter of a Cohen married to a non-Cohen who becomes a widow may return to her family to eat from holy food only is she is “as in her maidenhood”, that she could be married by a Cohen. But a woman who had illicit sex, even as a rape victim, is forbidden to a Cohen..

HALAKHAH: If he had intercourse with the second he is two times guilty, for the brother’s wife and for “a woman in addition to her sister”¹⁵⁵The formulation is elliptic. It is asserted (1) that entering the bridal chamber is not sinful, only the intercourse is; (2) that prohibited acts can be added together. The Babli has great difficulties with multiple guilt for one act; that problem is not mentioned in the Yerushalmi except for procedural problems in criminal law..

Rebbi Ḥiyya stated¹⁵⁶Tosephta 5:8–9, in a slightly different wording. A very short quote of the Tosephta in Babli, 33b.: Sometimes four times, sometimes eight times, sometimes twelve times, sometimes sixteen times¹⁵⁷Since four persons are involved, each transgression implies punishment for four people. The total number of crimes (or purification sacrifices) must be a multiple of four.. They are guilty under the heading of adultery with a married woman, each couple for two. If they were brothers, under the heading of “brother’s wife”, each couple for four. If they were sisters, under the heading of “a wife together with her sister”, each couple six. If they were menstruating, under the heading of “menstruating”, each couple eight. If the men are minors and the women adults, they are free¹⁵⁸The minors cannot legally marry; it is impossible to commit adultery with their wives.. If the men are adults and the women minors, they are obligated two by two because of menstruation¹⁵⁹Since a minor girl cannot legally marry except if given in marriage by her father, in the absence of a father the only inadvertent crime possible is that of intercourse with a menstruating woman. But if the father married the girls off, they are legally married and all four sins are possible.. If their father married them off, for all eight. If one of the men was an adult and the other a minor, the one who had intercourse with the minor is guilty as wife of the adult but the one who had intercourse with the adult is free as wife of the minor.

Rebbi Abba in the name of Rebbi Jeremiah: A rape victim does not have to wait three months¹⁶⁰That statement is tannaitic in the Babli, 35a, and ascribed to the Tanna R. Yose. R. Jehudah is reported to require separation of a raped wife from her husband for three months. R. Yose, in the interpretation of Abbai, is confident that the rape victim will know how to rid herself of the unwanted semen. That argument seems so obvious to the Yerushalmi that it is not necessary to mention it.. But did we not state: “One separates them for three month to see whether they are pregnant. If they were minors not yet able to have children one returns them at once.” That is different, it is for the benefit of the child¹⁶¹If the woman is pregnant from the unintended adultery, the child is a bastard and permitted to marry another bastard. If she were allowed immediately to return to her husband, any child would be a possible bastard and forbidden to marry either a regular person or a bastard..

“If they were from priestly families they are disabled for heave.” Rebbi Yose said, this implies that rape disables in priestly families like adultery¹⁶²Mishnah 6:5 quotes the opinion of the anonymous majority that the “harlot” forbidden to a Cohen in Lev. 21:7 is either a libertine or a woman “subject to illegitimate sexual relations” without any consideration of intent. While a non-priestly husband keeps his raped wife, the Cohen is forced to divorce her, even against his will..