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6:5:1

משנה: כֹּהֵן הֶדְיוֹט לֹא יִשָּׂא אֶת אַיְילוֹנִית אֶלָּא אִם כֵּן יֵשׁ לוֹ אִשָּׁה וּבָנִים. רִבִּי יְהוּדָה אוֹמֵר אַף מִי שֶׁיֵּשׁ לוֹ אִשָּׁה וּבָנִים לֹא יִשָּׂא אֶת אַיְילוֹנִית שֶׁהִיא זוֹנָה הָאֲמוּרָה בַתּוֹרָה. וַחֲכָמִים אוֹמְרִים אֵין זוֹנָה אֶלָּא גִיּוֹרֶת וּמְשׁוּחֲרֶרֶת וְשֵׁנִּבְעֲלָה בְּעִילַת זְנוּת.

MISHNAH: A private priest should not marry a she-ram98Who visibly is sterile. unless he has a wife and children. Rebbi Jehudah says, even one who has a wife and children should not marry a she-ram since she is the harlot mentioned in the Torah99Lev. 21:7,14. For R. Jehudah, every sex act which is not one of possible procreation is harlotry.. But the Sages say, a harlot is only a convert, a freedwoman, and one who copulated in harlotry100“Copulating in harlotry” is any sex act between people who either could not marry (close relatives, Gentiles, Slaves, or in adultery) or whose marriage would be sinful. The convert and the libertine will be excluded from marrying into the priesthood by their sexual contacts before becoming full Jews..

MISHNAH: A private priest should not marry a she-ram98Who visibly is sterile. unless he has a wife and children. Rebbi Jehudah says, even one who has a wife and children should not marry a she-ram since she is the harlot mentioned in the Torah99Lev. 21:7,14. For R. Jehudah, every sex act which is not one of possible procreation is harlotry.. But the Sages say, a harlot is only a convert, a freedwoman, and one who copulated in harlotry100“Copulating in harlotry” is any sex act between people who either could not marry (close relatives, Gentiles, Slaves, or in adultery) or whose marriage would be sinful. The convert and the libertine will be excluded from marrying into the priesthood by their sexual contacts before becoming full Jews..

6:5:2

הלכה: כֹּהֵן הֶדְיוֹט לֹא יִשָּׂא אֶת אַיְילוֹנִית כול׳. הָא יִשְׂרָאֵל שֶׁאֵין לוֹ אִשָּׁה וּבָנִים מוּתָּר בָּהּ. עוֹד הוּא אָסוּר בָּהּ. אֶלָּא בְגִין דְּתַנִּינָן תַּמָּן אֵין זוֹנָה הָאֲמוּרָה בַתּוֹרָה אֶלָּא גִיּוֹרֶת וּמְשׁוּחֲרֶרֶת וְשֶׁנִּבְעֲלָה בְּעִילַת זְנוּת. וְכוּלְּהוֹן לַכֹּהֵן. לְפוּם כֵּן לֹא תַנִּינָהּ.

HALAKHAH: “A private priest should not marry a she-ram,” etc. Does that mean that an Israel without wife and children may marry her? Still he is forbidden. But since we stated afterwards that “a harlot mentioned in the Torah is only a convert, a freedwoman, and one who copulated in harlotry,” all of which refer only to priests, for this reason it was not stated101The same argument in Babli 61a..

HALAKHAH: “A private priest should not marry a she-ram,” etc. Does that mean that an Israel without wife and children may marry her? Still he is forbidden. But since we stated afterwards that “a harlot mentioned in the Torah is only a convert, a freedwoman, and one who copulated in harlotry,” all of which refer only to priests, for this reason it was not stated101The same argument in Babli 61a..

6:5:3

אָמַר רִבִּי יוּדָה בֶּן פָּזִי. כְּתִיב בֵּין שׁוּרוֹתָם יַצְהִירוּ וְלֹא יִפְנֶה דֶּרֶךְ כְּרָמִים. שֶׁלֹּא הָיְתָה בְּעִילָתָן לְשׁוּם בָּנִים. אָמַר רִבִּי סִימוֹן. כְתִיב אָכְלוּ וְלֹא יִשְׂבָּעוּ הִזְנוּ וְלֹא יִפְרוֹצוּ. שֶׁלֹּא הָיְתָה בְּעִילָתָן לְשֵּׁם בָּנִים. כְּתִיב וַיִּקַּח לוֹ לֶמֶךְ שְׁתֵּי נָשִׁים. עָדָה. שֶׁהָיְתָה מִתְעַדֵּן בְגוּפָהּ. צִילָּה. שֶׁהָיְתָה יוֹשֶׁבֶת בְּצִילָּן שֶׁל בָּנִים.

Rebbi Jehudah ben Pazi said, it is written: “Between their rows they make oil,103Job 24:11. In this pornographic sermon, the rows are the female’s legs, the oil is semen.” “they to not turn to the way of vineyards104Job 24:18. The evildoers are not interested in harvesting.”, that their copulation was not for children. Rebbi Simon said, it is written: “They ate and were not satiated, they whored and did not spread,105Hos. 4:10. In the words of the Babli, 61b, “any intercourse not intended to spread (the human race)” is sinful.” that their copulation was not for children. It is written: “Lemekh took for himself two wives106Gen. 4:19. The intimation is that Adah “the jewel” was not supposed to have children to preserve her beauty. Ṣillah “the shadow” was shadowed by her children. In Gen. rabba 23(3), the roles of Adah and Ṣillah are reversed.”, “Adah” who was beautifying her body. “Ṣillah”, who was sitting in the shadow of children.

Rebbi Jehudah ben Pazi said, it is written: “Between their rows they make oil,103Job 24:11. In this pornographic sermon, the rows are the female’s legs, the oil is semen.” “they to not turn to the way of vineyards104Job 24:18. The evildoers are not interested in harvesting.”, that their copulation was not for children. Rebbi Simon said, it is written: “They ate and were not satiated, they whored and did not spread,105Hos. 4:10. In the words of the Babli, 61b, “any intercourse not intended to spread (the human race)” is sinful.” that their copulation was not for children. It is written: “Lemekh took for himself two wives106Gen. 4:19. The intimation is that Adah “the jewel” was not supposed to have children to preserve her beauty. Ṣillah “the shadow” was shadowed by her children. In Gen. rabba 23(3), the roles of Adah and Ṣillah are reversed.”, “Adah” who was beautifying her body. “Ṣillah”, who was sitting in the shadow of children.

6:5:4

מְתִיבִין לְרִבִּי יוּדָה. הַגַּע עַצְמָךְ שֶׁהָיְתָה עֲקָרָה וְאֵין סוֹפָהּ לֵילֵד. הַגָּע עַצְמָךְ שֶׁהָיְתָה זְקֵינָה. תַּנֵּי. רִבִּי לָעְזָר אוֹמֵר. אַף הַפָּנוּי הַבָּא עַל הַפְּנוּיָה שֶׁלֹּא לְשׁוּם אִישּׁוּת הֲרֵי זוֹ בְעִילַת זְנוּת. אָמַר רִבִּי בָּא בַּר מָמָל. הָדָא אָמְרָה. כֹּהֵן גָּדוֹל שֶׁקִּידֵּשׁ אִשָּׁה בִבְעִילָה אֵינוֹ כְבָא עַל הַבְּעוּלָה.

They objected to Rebbi Jehudah: Think of it, if she was sterile and could not give birth. Think of it, if she was old107A very feminine-looking person can be sterile, as were Sarah, Rebecca, and Rachel. It is not sinful to marry a beautiful woman. An elderly widower is encouraged to marry an elderly woman, not a young girl whom he cannot satisfy.. Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry108Babli 61b. A later Babylonian authority is emphatic that this is not practice.. Rebbi Abba bar Mamal said, that implies that the High Priest who performed qiddushin by copulation is not having intercourse with a deflowered one109It is possible to save the money for qiddushin by having intercourse with intent of marriage (Mishnah Qiddushin 1:1). If “intercourse” means completed intercourse then by “touching” the High Priest would have desecrated the woman and the later ejaculation would be sinful. Since R. Eleazar explicitly authorizes intercourse of unmarried persons for the purpose of marriage, it follows that the act of marriage is the beginning of intercourse and is available to the High Priest..

They objected to Rebbi Jehudah: Think of it, if she was sterile and could not give birth. Think of it, if she was old107A very feminine-looking person can be sterile, as were Sarah, Rebecca, and Rachel. It is not sinful to marry a beautiful woman. An elderly widower is encouraged to marry an elderly woman, not a young girl whom he cannot satisfy.. Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry108Babli 61b. A later Babylonian authority is emphatic that this is not practice.. Rebbi Abba bar Mamal said, that implies that the High Priest who performed qiddushin by copulation is not having intercourse with a deflowered one109It is possible to save the money for qiddushin by having intercourse with intent of marriage (Mishnah Qiddushin 1:1). If “intercourse” means completed intercourse then by “touching” the High Priest would have desecrated the woman and the later ejaculation would be sinful. Since R. Eleazar explicitly authorizes intercourse of unmarried persons for the purpose of marriage, it follows that the act of marriage is the beginning of intercourse and is available to the High Priest..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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