Egyptian-Hebrew stream·Mishnah·Yebamot — Chapter XI

Source context

Theme

eschatological qualification for the World to Come and the resurrection of the dead

Steiner

not engaged in the GA corpus

Cross-tradition

• Tannaitic eschatologyMishnah Sanhedrin XI establishes categorical distinctions between those who inherit and those forfeit the World to Come (Olam Ha-Ba), grounding Jewish eschatological anthropology in communal observance, doctrinal assent, and moral standing.
• Zoroastrian / Persian eschatologyCross-tradition congruence exists with Zoroastrian frameworks of post-mortem judgment and bodily resurrection, where categorical moral-doctrinal standing determines the soul's destiny — a structural parallel to the Mishnah's enumeration of those excluded from eschatological reward.
• Platonic afterlife doctrineCross-tradition congruence appears in Plato's tripartite eschatological sorting (Republic X, Phaedo) where categorical moral conditions determine the soul's post-mortem fate, paralleling the Mishnah's enumeration of disqualifying beliefs and acts.

Chapter XI

CHAPTER XI.

§ 1. A man may lawfully marry the near relatives of a woman whom he has violated or seduced, 1 but he who has either violated or seduced the near relatives of his wife, has become guilty of incest. A man may marry a woman who had been violated or seduced by his father, or one who had been thus treated by his son. R. Jehudah prohibits a son to marry a woman who had been violated or seduced by his father.

§ 2. When the sons of a female proselyte have adopted the Jewish faith at the same time with their mother [and one of them dies without issue], his brother is not bound to Yeboom, nor to receive Chalitzah [from the widow of his deceased brother]. 2 Even when the first was conceived before she participated in the holiness [of the Jewish community], but was born under the Holy covenant, and that the other brother was both conceived and born under the Holy covenant. The same regulation applies to a bondwoman whose children were manumitted along with her.

§ 3. When the sons of five women have become intermixed with each other [and each woman has another son, of whose identity she is certain], when these mixed sons have grown up, married, and died [without issue], then four of the surviving brothers shall cause the widow of one to perform Chalitzah to them, and the fifth brother may marry the widow; then shall he and three other brothers receive Chalitzah from another widow, whom another brother may marry by Yeboom [and in the same manner with the remainder], so that each of these widows must perform the ceremony of Chalitzah four times, and can then be married by Yeboom.

§ 4. When the son of a woman has become interchanged with that of her daughter-in-law [and each of them has another son, or sons, besides], which sons grew up, married, and died [without issue], then the other sons of the widowed daughter-in-law shall receive Chalitzah [from one widow] but may not marry her by Yeboom, because it is doubtful whether she was his brother's wife or that of

his father's brother; but the sons of the grandmother may either marry her by Yeboom, or receive Chalitzah, because the doubt in this case is only whether she was wife of his brother, or of his brother's son; but if the sons whose descent is undoubted die, then those of doubtful descent who were interchanged, must have the ceremony of Chalitzah performed to them by the widow of the grandmother's son, but may not marry her by Yeboom, because it is doubtful whether she is the brother's wife or that of his father's brother, the widowed daughter-in-law need only perform the ceremony of Chalitzah to one of those who were interchanged, and may then marry the other by Yeboom.

§ 5. When the son of a woman married to a priest, was interchanged with that of her bondwoman, both [sons] may eat of the heave, but when both happen to present themselves at the same time at the threshing-floor, they shall receive but one share of the heave; they may not defile themselves with a dead body, and may not marry women who are either qualified or disqualified to be married to a priest. 3 But when they have attained their majority, and have mutually manumitted each other, they may marry the women only who are qualified to be married to the priesthood, and may not defile themselves with a dead body; but if they did so, the forty stripes are not to be inflicted on them. They may not eat heave, but if they did eat it, they need not pay back the principal [of the value they had eaten], and an additional fifth, nor has either of them a share [in the division of heave among the priests] at the threshing-floor, but they are allowed to sell their own heave, and keep the money themselves. 4 They have no share of the consecrated things of the Temple; 5 consecrated things are not given to them, 6 nor are these consecrated things exacted from them. They are, moreover, not bound to give the shoulder, the two cheeks, and maw of their own offering to the priests. Their first-born cattle must be left to pasture, till they contract a legal blemish, and with respect to their sacrifices, the most stringent regulations in force in respect to that 7 of priest and Israelites, are to be applied to them.

§ 6. If a woman who did not wait three months [to re-marry] since the death of her husband [or since her divorce], should marry within that time, and has a son born unto her of whom it is doubtful whether he was a nine months’ child by the first husband, or a seven months’ child by the second; if she had other sons by the first and second husbands, then these sons must, in case of the decease [without issue] of their brother, to whose birth doubt attached, receive Chalitzah from his widow, but may not marry her by Yeboom; and he also may only receive Chalitzah from any of his brother's widows, but may not marry them by Yeboom; but if he had half-brothers, either of her first or second husband, who are not sons of his mother, he may in that case 8 either receive Chalitzah of his brother's widow, or may marry her by Yeboom. In respect to his brothers, one of them must [in case of his death without issue] receive Chalitzah from his widow, and then may another brother marry her by Yeboom.

§ 7. If one [of the two husbands of the said woman] is an Israelite, and the other a priest, the son may only marry a woman qualified to be married to the priesthood. He may not defile himself with a dead body; but if he did so, the punishment of forty stripes is not to be inflicted on him; neither may he eat of the heave; but if he did so, he is not bound to pay the value of the principal and an additional fifth part. He also shall not receive a share of the priestly oblation at the threshing-floor; he may sell his own heave, and keep the money for himself. He has no share in the consecrated things of the Temple, nor shall consecrated things be given to him; yet, those belonging to himself cannot be claimed, or exacted from him [by the priests]. He is also free from the payment of the two cheeks, the shoulder, and maw of his own sacrifice [to the priests]; and his firstborn cattle must be left to pasture till it contracts a legal blemish, and the most stringent regulations [regarding sacrifices] of priests and Israelites, are to be applied in respect to his sacrifices. If both [the husbands of his mother] were priests, he is bound [in case of death] to mourn for them, and they for him; he may not defile himself with their dead bodies, nor may they defile themselves with his; he is no heir to them, but they inherit his property. The punishment attached to the crime of striking, or cursing a father, cannot be inflicted on him. 9 He may serve in the priests' division of

service at the Temple, of one and of the other, but he does not participate in the share of either, but if both belonged to one division [‏משמרה‎], he is entitled to one share.

Footnotes

222:1 Such as her mother, daughter, or sister, because as there was no lawful marriage there cannot be the guilt of incest incurred by connexion with her relatives.

222:2 Because their relationship dated from a time when the Mosaical law was not binding upon them.

223:3 Because those that are qualified may not be married to a slave, and those that are disqualified may not be married to a priest. All this applies only during the minority of these two sons.

223:4 They need not give it to any priest.

223:5 Such as the skins of the animals sacrificed, which were shared among the priests.

223:6 Such as the first-born of cattle, &c.

223:7 This applies more particularly to the meat-offering.

224:8 When there are no other brothers.

224:9 In case he transgressed with either father in that respect, when he has the p. 225 benefit of the doubt; but should he strike or curse both fathers at the same time, he is guilty, inasmuch as it is certain that his real father is one of the two.

Chapter XI

CHAPTER XI.

§ 1. A widow must be maintained out of the property of the orphans, 1 and her earnings belong to them; and they are not bound to [defray the cost of] her funeral. Her heirs, who inherit her Ketubah, are bound to [defray the cost of] her funeral.

§ 2. A widow, whether [she become such] after betrothment only, or after [actual] marriage, may sell 2 without applying to the Bethdin. R. Simeon saith, "[A widow] after actual marriage, may sell without applying to the Bethdin; 3 but [a widow] after betrothment [only], must not sell, without [previous application to] the Bethdin, because she [the last named] is not entitled to her maintenance [out of the husband's estate]; and any woman who is not entitled to a maintenance, must not sell, without [previous application to] the Bethdin."

§ 3. Should she have sold, mortgaged, or given away [to the whole amount of] her Ketubah, or [to] a part thereof, she must not sell the remainder, 4 without [previous application to] the Bethdin; but the sages hold, "She may make four or five different sales 5 [if] she sells for her necessary maintenance, [and she may do it] without [previous application to] the Bethdin. [In that case, however] she inserts [in the deed of sale], 'I make this sale for my [necessary] maintenance.' A divorced woman must not sell without [applying to] the Bethdin."

§ 4. Should a widow, whose Ketubah is two hundred dinar, sell part of the land liable to her Ketubah [to] the value of one hundred dinar for two hundred, or [to] the value of two hundred dinar for one hundred, [in either case it is held that] she has received the full amount of her Ketubah. 6 Should her Ketubah be one hundred dinar,

and she has sold to the amount of one hundred and one dinar, the sale is void; even though she offers to make good the one dinar to the orphans, her sale is void. 7 R. Simeon ben Gamaliel saith, "Her sale is always valid, 8 unless she thereby prevents the orphans from having a field of nine kab seed corn, or a garden of half a kab seed corn." According to R. Akivah, "[A garden of] one-quarter kab seed corn." 9 Should her Ketubah amount to four hundred dinar, and she sells to one a hundred dinar worth, and to another a hundred dinar worth, and to the last purchaser she sells to the value of one hundred and one dinar for one hundred, her last sale is void, but all her preceding sales are valid.

§ 5. Should a judicial appraisement be made either one-sixth too high, or one-sixth too low, the sale [made in consequence of such valuation] is void; but R. Simeon ben Gamaliel maintains "That the sale is valid, for if it were otherwise, what would be the good of judicial authority? 10 But if they [the Bethdin] make public advertisement [of the land to be sold], even though they sold what was actually worth one hundred dinar for two hundred, or what was [actually] worth two hundred dinar for one hundred, their sale is valid."

§ 6. She who refuses [to cohabit with her husband], 11 or [who is related to him in] the secondary [degree of consanguinity], 12 or an ‏אילונית‎, 13 are not entitled to any Ketubah, or [compensation for] usufruct, 14 or maintenance or [compensation for] wear and tear. 15 If at the time of marriage he [the husband] knew that she [the bride] was an ‏אילונית‎, she is entitled to her Ketubah. A widow [married] to a high priest; a divorced woman, or one who has performed [the ceremony of] Chalitza, 16 [married] to an ordinary priest; a bastardess,

or Nethineth 17 [married] to an Israelite; or a daughter of Israel married to a bastard or Nethin, are all entitled to their Ketubah.

Footnotes

271:1 The children of her deceased husband.

271:2 The land on which her Ketubah is secured.

271:3 Because her Ketubah is to supply her with her necessary maintenance. And as she could expend it, had she received the amount in ready money without applying to the Bethdin, she is entitled to raise money without any such application.

271:4 Any addition to the standard amount of two hundred dinar for a virgin, and one hundred for a widow which may he settled upon her.

271:5 She may sell the land piecemeal, so as, by different sales, to realise the amount of her Ketubah.

271:6 She does not enjoy the profit arising from her sale, although she must bear the loss arising therefrom.

272:7 Because she sold what was not her own.

272:8 And she need only make good the dinar.

272:9 A piece of land equal to nine kab seed corn, is called a field, and to one-half kab seed corn, is called a garden: of less size it is only a plot of ground.

272:10 As that is resorted to, because it is binding, and prevents disputes that might arise from difference of opinion in cases of private valuation.

272:11 Who having during her minority been given in marriage by her mother or brothers, refuses to live with her husband after she grows up. (Vide Treatise Niddah, chap. VI. § 11.)

272:12 (Vide Treatise Yebamoth, chap. II. § 4.)

272:13 Vide ib.

272:14 That her husband has enjoyed of her property.

272:15 Which her property has undergone during that time.

272:16 Vide Treatise Yebamoth, chap. I. § 2, note 2.

273:17 Vide Treatise Yebamoth, chap. VII. § 1.

Chapter XI

CHAPTER XI.

§ 1. The precept of giving to the priest the firstling of the fleece [Deut. xviii. 4] is obligatory in, and out of the Holy Land, 1 during, and after the existence of the Temple, and applies to animals for profane use [‏חולין‎], but not to consecrated sacrifices. The precept

concerning the oblation of the shoulder, two cheeks, and maw, is more rigid than that which relates to the firstling of the fleece, in as much as the first-mentioned applies both to cattle and flock, but the latter is limited to sheep, and only when there are a number of them.

§ 2. What is considered "a number"? According to Beth Shammai, two sheep come under this category, since we find it written [Isaiah vii. 21], "A man shall nourish a young cow and two sheep;" but Beth Hillel say, "[At least] five, for it is also written [1 Sam. xxv. 18], 'Five sheep ready dressed.'" 2 R. Dosa ben Arkinar saith, "When the fleece of each of the five sheep amounts to the [minimum] weight of one half maneh, the obligation of paying the firstling of the wool is incurred;" but the sages hold, "That it is incurred as soon as five sheep are shorn, whatever the weight of their fleece may be." What quantity must be given to the priest? The weight of five selahim, in Judea, which are equal to ten selahim in Galilee, of white [i.e. clean], but not of dirty wool, and in sufficient quantity as to make therewith the smallest [sacerdotal] garment, for it is said [Deut. xviii. 5], "Shalt thou give unto him," viz. a sufficient gift [which has some value]. If he could not give it to the priest before it was dyed, he is not bound to give it at all. 3 If the owner of the wool had only bleached, but not yet dyed it, he is bound to give it. If any person buys from a heathen the fleece of sheep [yet to be shorn], he is not bound to pay to the priest the firstling of the fleece. If one Israelite bought it of another, if the seller reserved some of the wool to himself, he is bound to pay this oblation, but if he sold it without such reservation, this obligation is incumbent on the buyer. If he [the seller] had two kinds of wool, gray and white, if he sold the gray but not the white wool, or of rams but not of ewes, 4 each party must pay the oblation to the priest.

Footnotes

351:1 This precept is not considered obligatory, at present, out of the Holy Land.

352:2 In this, as in the preceding, the proof is derived from the expression ‏צאן‎ (flock) in the quoted texts.

352:3 Because he made it his own by the labor he bestowed on it.

352:4 Because the wool of white sheep is considered superior to that of gray, and that of ewes as softer and more valuable than that of rams.

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