Yerushalmi Yevamot 7:5 ירושלמי יבמות ז׳:ה׳

MISHNAH: The rapist, the seducer, and the insane¹⁰²Even if he is married to her since the insane cannot enter into any contract, not even a marriage. do neither disable nor enable to eat, but if they are unable to marry in Israel they disable. How is that? If an Israel came upon the daughter of a Cohen, she may eat heave, if she became pregnant she may not eat. If the fetus was cut into pieces in her body¹⁰³In that case, she did not give birth. If she has a child from a non-Cohen, the child prevents her from eating heave. she may eat. If a Cohen came upon the daughter of an Israel, she may not eat heave, if she became pregnant she may not eat, if she gave birth she may eat¹⁰⁴The relationship of the child to his father does not depend on the marital status of the mother; cf. Mishnah 2:5.. It turns out that the son’s power is greater than the father’s.

HALAKHAH: “The rapist, the seducer,” etc. This means that rape does not disable an unmarried priestly woman¹⁰⁴The relationship of the child to his father does not depend on the marital status of the mother; cf. Mishnah 2:5..

This supports what Rebbi Ḥiyya stated⁹⁸In Tosephta 9:4: “The sane daughter of a Cohen married to an insane Israel …” Since marriages of the deaf-and-dumb or the insane are not valid, the woman does not lose her priestly status. She has to immerse herself after intercourse with her husband (Lev. 15:18) but is not disabled from eating heave. This contradicts the Mishnah.: The wife of the deaf-and-dumb or the insane immerses herself from her husband’s bosom and eats, against Rebbi Eleazar, since Rebbi Eleazar said, also if an unmarried man had intercourse with an unmarried woman not for the purpose of marriage it is copulation of harlotry¹⁰⁵Cf. Chapter 6, Note 108. The woman would be disabled from marrying into the priesthood. Quoted in Babli 61b, 59b; Sanhedrin 51a, Temurah 30a..

Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months¹⁰⁶Cf. Chapter 4, Note 166.. Rebbi Jonah said this before Rebbi Yose¹⁰⁷He wanted to prove the statement of R. Abba from the Mishnah since a Cohen’s daughter who was raped continuous to eat heave until it is ascertained that she is pregnant; the Mishnah does not say that for three months after the rape she could not eat heave.. He said to him, do not accept that from here, they were lenient for eating heave. If a daughter of a Cohen was married to an Israel, her husband went overseas, and she received notice that he died, does she not immediately eat heave¹⁰⁸If she has no child, Lev. 22:13. But even though the husband left more than three months before his death, the widow must wait three months before remarrying. The argument is rejected in the Babli, 69b.? But because of a fetus she has to wait three months.

“If they are unable to marry in Israel they disable.” These are¹¹¹Babli 68a, Tosephta Yebamot8:1, Niddah 6:1.: “A child of nine years and one day¹¹²Mishnah 4., an Ammonite, Moabite, or Egyptian¹¹³Mishnah Yadaim 4:4 notes that modern Ammonites, Moabites, and Egyptians are no longer the peoples living in these places at the time of the Exodus; therefore, the prohibitions ofDeut. 23:4–9 are no longer operative. All arguments based on these rules are theoretical exercises of retrospection. proselyte, or a bastard, desecrated, Gibeonite¹¹⁴Cf. Chapter 2, Note 72., Samaritan¹¹⁵Their problems are discussed in the next Halakhah., and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies 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 widow¹¹⁶For a Cohen, not necessarily for anybody else.; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte¹¹⁷A female Moabite or Ammonite was never prohibited from marrying a Jew (Mishnah 8:3; Sifry Deut. 249.). The same argument in Babli 69a. is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant¹¹⁸If he is a male (Mishnah 8:3). would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian¹¹⁹Any third generation Egyptian, male or female, is permitted; Deut. 23:9; Mishnah 8:3., even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian¹²⁰From a Jewish mother., Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women¹²¹The mother, the wife of an Ammonite or second generation Egyptian.: Rebbi Joḥanan said, they are acceptable¹²²He follows Rabban Simeon ben Gamliel. Rebbi Alexander’s question is not answered since it is moot anyhow., Rebbi Simeon ben Laqish said, they are disqualified.