Babylonian Talmud: Tractate Yebamoth

Folio 76a

frail beings you speak frail words;¹  through its proper duct it fertilizes but when not passing through its proper duct it does not fertilize.'

Rab Judah stated in the name of Samuel: If it had a small perforation which was closed up, the man is deemed to be unfit if the wound re-opens when semen is emitted, but if it does not re-open the man is regarded as fit.

In respect of this ruling Raba raised the question: Where? If the perforation is below the corona,²  [the man should remain fit] even if it were cut off! — It means, in the corona itself. So it was also stated elsewhere: R. Mari b. Mar said in the name of Mar Ukba in the name of Samuel: If a hole that has been made in the corona itself is closed, the man is disqualified if it re-opens when semen is emitted; but if it does not [re-open the man is deemed to be] fit.

Raba the son of Rabbah sent to R. Joseph: Will our Master instruct us how to proceed.³  The other replied: Warm barley bread is procured, and placed upon the man's anus. Thereby the flow of semen sets in, and the effect can be observed. Said Abaye: Is everybody like our father Jacob concerning whom it is written, My might, and the first-fruits of my strength,⁴  because he never before experienced the emission of semen!⁵  — No, said Abaye, coloured garments⁶  are dangled before him.⁷  Said Raba: Is everybody then like Barzillai the Gileadite!⁸  — In fact it is obvious that the original answer is to be maintained.

Our Rabbis taught: If it⁹  was punctured [the man is regarded as] unfit, because the flow is sluggish.¹⁰  If it was closed up [he is deemed to be] fit, because he is then capable of production. And this is a case where the unfit may return to his former state of fitness. What does the expression 'this' exclude? — It excludes the case where a membrane was formed on the lungs in consequence of a wound; since such cannot be regarded as a proper membrane.¹¹

R. Idi b. Abin sent the following question to Abaye: How are we to proceed?¹²  — A grain of barley is to be procured wherewith the spot¹³  is lacerated.¹⁴  Tallow is rubbed in, and a big ant, procured for the purpose, is allowed to bite in, and its head is severed.¹⁵  It must be a grain of barley; an iron instrument would cause inflammation. This procedure, furthermore, applies only to a small perforation; a large one would peel off.

Rabbah son of R. Huna stated: A man who urinates at two points is an unfit person.¹⁶

Said Raba: The law is in agreement neither with the view of the son nor with that of the father. As to the son, there is the statement just mentioned. As to the father? — Since R. Huna said: Women who practise lewdness with one another are disqualified from marrying a priest.¹⁷  And even according to R. Eleazar, who stated that an unmarried man who cohabited with an unmarried woman with no matrimonial intention renders her thereby a harlot, this disqualification ensues only in the case of a man;¹⁸  but when it is that of a woman¹⁹  the action is regarded as mere obscenity.

MISHNAH. A MAN WHO IS WOUNDED IN HIS STONES, AND ONE WHOSE MEMBRUM IS CUT OFF, ARE PERMITTED TO MARRY A PROSELYTE OR AN EMANCIPATED SLAVE. THEY ARE ONLY FORBIDDEN TO ENTER INTO THE ASSEMBLY,²⁰  AS IT IS SAID IN SCRIPTURE, HE THAT IS WOUNDED IN HIS STONES OR HATH HIS PRIVY MEMBRUM CUT OFF SHALL NOT ENTER INTO THE ASSEMBLY OF THE LORD.²¹

GEMARA. R. Shesheth was asked: May a priest who is wounded in his stones marry a proselyte or an emancipated slave;²²  does he²³  remain in his state of holiness and is consequently forbidden²⁴  or does he not remain in his state of holiness and is consequently permitted?²⁴  — R. Shesheth replied: You have learned this [law in the following]. 'An Israelite who is wounded in his stones is permitted to marry a nethinah'.²⁵  Now, were it to be assumed that he²⁶  retains his holiness, the text, Neither shalt thou make marriages with them²⁷  should be applicable here.²⁸  Said Raba: Is the law there²⁹  due at all to sanctity or non-sanctity? [It is merely due to] the possibility that he³⁰  might beget a child who³¹  would proceed to worship idols. This, then, is applicable only when they³²  are still idol worshippers. When, however, they are converted, they are undoubtedly permitted,³³  and it was only the Rabbis who placed them³⁴  under a prohibition as a preventive measure.³⁵  But such a preventive measure was instituted by the Rabbis in respect of those only who are capable of procreation, not in respect of those who are incapable of procreation.³⁶

Now, then,³⁷  a bastard also, since he is capable of procreation,³⁸  should also be forbidden,³⁹  while in fact, we have learned, 'Bastards and nethinim may intermarry with one another'!⁴⁰  — In fact [this is the explanation:] the Rabbis instituted a preventive measure only in the case of the fit but not in that of the unfit.⁴¹

Subsequently Raba stated: What I said⁴²  is of no consequence. For while they are still idolaters their marriages are invalid; only when they are converted are their marriages valid.⁴³

R. Joseph raised an objection: And Solomon became allied to Pharaoh King of Egypt by marriage, and took Pharaoh's daughter!⁴⁴  — He caused her to be converted. But, surely, no proselytes were accepted either in the days of David or in the days of Solomon!⁴⁵  — Was there any reason for it⁴⁶  but [that the motive of the proselytes might be the benefits] of the royal table?

1. [H] = [H] 'frail things', applied to the speaker's clan as well as to his rulings. [H], 'because you'. [H] may also mean 'short lived people' and [H] according to BaH, should read [H] 'because you are descendants of short lived people'. R. Bibi was a descendant of the house of Eli who were condemned to die young (v. I Sam. II, 32f). The expression may also, like a similar root in Arabic, bear the meaning of 'foolishness'. (Cf. B.B. Sonc. ed. p. 582, n. 6).
2. Away from the body.
3. With the test, when it is desired to ascertain whether the semen will re-open a closed up perforation.
4. Gen. XLIX, 3, referring to Reuben, Jacob's firstborn son.
5. Other people are not so saintly. Why then should the elaborate test described be necessary in ordinary cases?
6. Peculiar to women.
7. Exciting his passions and thus causing a discharge.
8. Known for his indulgence in carnal gratification (v. Shab. 152a).
9. The duct of the semen.
10. And does not fertilize.
11. It may easily burst. The lungs are, therefore, regarded as wounded, and the animal from which they were taken is unfit for consumption. Cf. Hul. 42a.
12. In healing a perforated membrum.
13. Round the perforation.
14. The shreds thus formed ultimately join and aid in closing up the perforation.
15. Thus remaining in the cavity and assisting in the closing up and healing.
16. He is similar to the disabled persons spoken of in Deut. XXIII, 2.
17. Shab. 65a.
18. Who cohabited with a woman.
19. Indulging in lewdness with another.
20. They may not marry the daughter of an Israelite.
21. Deut. XXIII. 2.
22. I.e., women whom a priest is forbidden to marry.
23. The disabled priest.
24. To marry the women mentioned (Cf supra n. 6).
25. Fem. of nathin for which v. Glos.
26. A disabled man.
27. Deut. VII, 3.
28. How, then, is an Israelite permitted to marry a nethinah! Since, however, the law does permit him to marry such a woman it is obvious that a disabled man loses his sanctity. As the disabled Israelite loses his sanctity so does the disabled priest lose his.
29. In the case of marriage between a fit or disabled Israelite and an idolatress or a nethinah.
30. The man who marries an idolatress.
31. Through the influence of his mother.
32. The women spoken of in Deut. VII, 3.
33. Pentateuchally. Cur. edd., 'In Israel' should be omitted with the 1509 Pesaro ed. (cf. Golds.).
34. The nethinah as well as the idolatress.
35. V. infra 78b.
36. This is the reason why a disabled Israelite is permitted to marry a nethinah. No inference, therefore, may be drawn from this in respect of a disabled priest.
37. Since in respect of those who are capable of procreation the Rabbis did institute a preventive measure.
38. And is Pentateuchally forbidden to marry an idolatress.
39. To marry a nethinah, as a preventive measure of the Rabbis.
40. Kid. 6.
41. Those, e.g., spoken of in Deut. XXIII, 2f.
42. V. BaH. That Deut. VII, 3 refers to idolaters only and not to proselytes.
43. Deut. VII, 3, must consequently refer to proselytes, the prohibition being due to the Israelite's sanctity. As the nethinah was not forbidden to the disabled Israelite it follows that a disabled man, be he priest or Israelite, loses his sanctity; as at first suggested supra.
44. I Kings III. 1. The term [H] 'allied … by marriage' implies recognition of validity of marriage. The Talmudic text of the verse seems to represent an abbreviation of M.T.
45. Cf. supra 24b.
46. For the refusal to admit proselytes.

Such a woman¹  obviously was in no need of it.²  But let the inference³  be drawn from the fact that she¹  was an Egyptian of the first generation!⁴  And were you to reply that those⁵  had already departed, and these⁶  are others;⁷  surely, it may be pointed out, it was taught: R. Judah stated, 'Menjamin, an Egyptian proselyte, was one of my colleagues among the disciples of R. Akiba, and he told me: I am an Egyptian of the first generation and married an Egyptian woman of the first generation; I shall arrange for my son to marry an Egyptian of the second generation in order that my grandson may be enabled to enter into the congregation of Israel!'⁸  R. Papa replied: Are we to take our directions from Solomon! Solomon did not marry at all,⁹  for it is written, Of the nations concerning which the Lord said unto the Children of Israel: 'Ye shall not go among them, neither shall they come among you; for surely they will turn away your heart after their gods'; Solomon did cleave unto them in love.¹⁰  The expression. And he become allied … in marriage,¹¹  however, presents a difficulty!¹²  — On account of his excessive love for her. Scripture regards him as if he had become allied by marriage to her. Said Rabina to R. Ashi: Surely we learned A MAN WHO IS WOUNDED IN HIS STONES, AND ONE WHOSE MEMBRUM VIRILE IS CUT OFF, ARE PERMITTED TO MARRY A PROSELYTE OR AN EMANCIPATED SLAVE, [from which it follows] that they are forbidden to marry a nethinah!¹³  — The other replied: According to your view,¹⁴  read the final clause, THEY ARE ONLY FORBIDDEN TO ENTER INTO THE ASSEMBLY, [from which it follows] that they are permitted to marry a nethinah! But [the fact is that] no inference may be drawn from this Mishnah.

MISHNAH. AN AMMONITE AND A MOABITE ARE FORBIDDEN¹⁵  AND THEIR PROHIBITION IS FOR EVER.¹⁶  THEIR WOMEN, HOWEVER, ARE PERMITTED AT ONCE.¹⁷  AN EGYPTIAN AND AN EDOMITE ARE FORBIDDEN¹⁸  ONLY UNTIL THE THIRD GENERATION.¹⁹  WHETHER THEY ARE MALES OR FEMALES. R. SIMEON, HOWEVER, PERMITS THEIR WOMEN FORTHWITH.¹⁷  SAID R. SIMEON: THIS LAW²⁰  MIGHT BE INFERRED A MINORI AD MAJUS: IF WHERE THE MALES ARE FORBIDDEN FOR ALL TIME²¹  THE FEMALES ARE PERMITTED FORTHWITH,²²  HOW MUCH MORE SHOULD THE FEMALES BE PERMITTED FORTHWITH WHERE THE MALES ARE FORBIDDEN UNTIL THE THIRD GENERATION ONLY.²³  THEY REPLIED: IF THIS²⁰  IS AN HALACHAH,²⁴  WE SHALL ACCEPT IT; BUT IF IT IS ONLY AN INFERENCE,²⁵  AN OBJECTION CAN BE POINTED OUT. HE REPLIED: NOT SO.²⁶  [BUT IN FACT] IT IS AN HALACHAH THAT I AM REPORTING.

GEMARA. Whence are these laws inferred? — R. Johanan replied: Scripture stated, And when Sail saw David go forth against the Philistine, he said into Abner, the captain of the host: 'Abner, whose son is this youth'? And Abner said: 'As thy soul liveth, O King, I cannot tell'.²⁷  But did he²⁸  not know him? Surely it is written, And he loved him greatly; and he became his armour bearer!²⁹  — He rather made the inquiry concerning his father. But did he not know his father? Surely it is written, And the man was an old man in the days of Saul, stricken in years among them;³⁰  and Rab or, it might be said, R. Abba, stated that this referred to the father of David, Jesse. who came in with an army³¹  and went out with an army!³¹  — It is this that Saul meant: Whether he descended from Perez,³²  or from Zerah.³³  If he descended from Perez he would be king, for a king breaks³⁴  for himself a way and no one can hinder him. If, however, he is descended from Zerah he would only be an important man.³⁵  What is the reason why he gave instructions that enquiry be made concerning him? — Because it is written, And Saul clad David with his apparel.³⁶  being of the same size as his,³⁷  and about Saul it is written, From his shoulders and upward he was higher than any of the people.³⁸  Doeg the Edomite then said to him,³⁹  'Instead of enquiring whether he is fit to be king or not, enquire rather whether he is permitted to enter the assembly or not'! 'What is the reason'?⁴⁰  'Because he is descended from Ruth the Moabitess'. Said Abner to him,⁴¹  'We learned: An Ammonite,⁴²  but not an Ammonitess; A Moabite,⁴²  but not a Moabitess!⁴³  But in that case⁴⁴  a bastard⁴⁵  would' imply: But not a female bastard?' — 'It is written mamzer [Which implies] anyone objectionable'.⁴⁶  'Does then⁴⁷  Egyptian⁴⁸  exclude the Egyptian woman'? — 'Here⁴⁹  it is different, since the reason for the Scriptural text is explicitly stated: Because they met you not with bread and with water;⁵⁰  it is customary for a man to meet [wayfarers]; It is not, however, customary for a woman to meet [them]'.⁵¹

'The men should have met the men and the women the women!'

He⁵²  remained silent, Thereupon. the King said.'⁵³  'Inquire thou whose son the stripling is'.⁵⁴  Elsewhere he calls him youth;⁵⁵  and here⁵⁴  he calls him, stripling!⁵⁶  — It is this that he implied, 'You have overlooked⁵⁷  an halachah,' go and enquire at the college!' On enquiry, he was told: An Ammonite,⁵⁸  but not an Ammonitess; A Moabite,⁵⁸  but not a Moabitess.

1. Pharaoh's daughter.
2. Hence she could be accepted.
3. That marriage with a forbidden woman is valid.
4. Who is forbidden to marry into the congregation of Israel. The third generation only is permitted. (V. Deut. XXIII. 9).
5. The old Egyptians spoken of in the text cited (supra n. 4).
6. The Egyptians of later times.
7. Other nations superseded them. Hence the prohibition does not apply to them.
8. Which shews that even after the days of Solomon the Egyptians were still regarded as the descendants of the ancient inhabitants of Egypt.
9. His marriage with Pharaoh's daughter was an invalid one, and she could only be regarded as his mistress.
10. I Kings XI. 2, emphasis on love, sc. he did not marry them.
11. V.supra p. 514, n. 15.
12. Here the union is actually described as a marriage!
13. Had they been permitted to marry such a woman, this should have been stated; and the permission to marry a proselyte and an emancipated slave would be inferred a minori ad majus. How then could it be stated, supra 76a. that a nethinah is permitted to be married to a man wounded in his stones?
14. That a nethinah is forbidden to marry disabled men.
15. To enter the assembly of the Lord (v. Deut. XXIII. 4ff).
16. V. ibid.
17. Immediately after conversion.
18. Cf. supra n. 2 and v. Deut. ibid. 8f.
19. Exclusive. The third generation is permitted.
20. That Egyptian and Edomite women are permitted to marry an Israelite immediately after their conversion.
21. Ammonites and Moabites. for instance.
22. Immediately after conversion.
23. Egyptians and Edomites.
24. I.e., a tradition R. Simeon received from his teachers.
25. Of R. Simeon's own reasoning.
26. Even though the ruling were based on an inference no valid objection could be advanced against it. V. Gemara infra.
27. I Sam. XVII, 55.
28. Saul.
29. I Sam. XVI, 21.
30. Ibid. XVII, 12.
31. He was chief over six hundred thousand men (Rashi).
32. The son of Judah. (V. Gen. XXXVIII. 29. Ruth, IV. 18ff).
33. V. Gen. ibid. 30.
34. Heb. [H] 'to break', a play upon the rt. of Perez [H].
35. Zerah of the rt. [H] 'to shine'.
36. I Sam. XVII, 38, his apparel — [H].
37. [H] 'like his size', play upon [H] of the same rt. [H]
38. Ibid. IX, 2. His unusual stature impressed him.
39. To Saul.
40. That his eligibility to enter the congregation should be questioned.
41. To Doeg.
42. Deut. XXIII, 4.
43. Supra 6a. The prohibition to enter into the congregation (v. ibid.). since the masculine gender was used in the text, applies to the males only
44. If the masculine gender excludes the women.
45. Deut. XXIII, 3, [H] masc.
46. Man or woman. [H] lit., 'anything strange', play upon [H].
47. If the masculine gender excludes the women.
48. Deut. XXIII, 8 [H] masc.
49. In the case of the Ammonite and Moabite.
50. Ibid. 5.
51. The women were, therefore, excluded from the prohibition.
52. Abner.
53. To Doeg. V. infra.
54. 1 Sam. XVII, 56.
55. [H] ibid. 55.
56. [H].
57. Lit., 'it was concealed'; rt. [H] the same as that of [H] (v. supra n. 9).
58. Deut. XXIII. 4.