Talmud sobre Deuteronómio 25:9

The deaf-mute. ¹⁰This text also appears in Terumot1:2, Notes 94–102 (ת), Yebamot 12:5, Note 104 (י). The colleagues in the name of Rebbi Eleazar: So they should hear and learn¹¹Deut. 31:12.. So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi Ila in the name of Rebbi Eleazar: So they should learn, so they should teach¹²Excluding the mute who cannot teach. Babli 3a.. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated¹³Mishnah Terumot 1:2.: “A ḥereš who speaks and does not hear should not give heave” and we thought that one who speaks but does not hear is ḥereš, one who hears but does not speak is [not]¹⁴To be deleted as shown by the parallel texts. ḥereš. But we have stated:¹⁵Mishnah Yebamot 12:5. “Ḥaliṣah is invalid if performed for a ḥereš man, or by a ḥereš woman, or by a woman for an underage male.” And Rebbi Joḥanan said, because they cannot say he shall say¹⁶Deut. 25:8., she shall say¹⁷Deut. 25:9. Without these declarations the procedure is invalid. Therefore the deaf but not mute may participate in valid ḥaliṣah. Babli Yebamot104b.. We also have stated¹³Mishnah Terumot 1:2.: “A ḥereš mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said that the principles of Rebbi are no principles¹⁸Since the use of ḥereš as a technical term is inconsistent in the Mishnah..

There⁹⁶Mishnah Ḥagigah 1:1. The “appearance” is the assembly of all of Israel at the feast of Tabernacles during the Sabbatical year (Deut. 31:10–13); one derives from this the rules of appearance at all festivals of pilgrimage., we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn⁹⁷The spelling is not masoretical..” So far one who speaks but cannot hear; what about one who hears but cannot speak⁹⁸He should be obligated.? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach⁹⁹The first conjugation verb could also be vocalized as a causative. The same argument is given in the Babli (Ḥagigah 3a) where it is noted that the second clause, “and learn”, would be superfluous if one excluded only the deaf but not the mute.. Rebbi Jonah said, this means that the principles of Rebbi are no principles¹⁰⁰In the language of the Babli: One does not make inferences from general principles, even when the exceptions are enumerated., since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not⁹⁴Reading of the parallel in Ḥagigah 1:1 (fol. 75d). ḥereš¹⁰¹Since he is not mentioned in the Mishnah.. But we have stated¹⁰²Mishnah Yebamot 12:5, speaking of the ceremony of ḥaliẓah, the taking off of one shoe, which frees the widow of a childless man from having to marry her brother-in-law (Deut. 25:4–10). The formalized statements by widow and brother-in-law before the court as described in the verses are an integral part of the proceedings.: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.¹⁰³Hence, the person who is deaf but not mute can perform a valid procedure. This is also the position of the Babli, Yebamot 104b.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute¹⁰⁴This contradicts the formulation of the Mishnah in Yebamot..” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.

MISHNAH: But the following must be said in the holy language: The recitation for the first fruits³⁰The declaration in the Temple, Mishnah Bikkurim 2:5., ḥalîṣah³¹The required declarations by the childless widow and brother-in-law in the ceremony which frees her to marry outside the family; cf. Yebamot12:3–4., blessings and curses³²This is of purely antiquarian character, asserting that the curses detailed in Deut. 27:11–26 (each curse prefaced by a corresponding blessing: “Blessed be the man who will not …”) were pronounced in Hebrew, based on Jos. 8:34; cf. Halakhah 4., the priestly blessing³³Num. 6:22–26., the benedictions of the High Priest³⁴In the service of the Day of Atonement, Mishnah Yoma 7:1; cf. Halakhah 6., the portion about the king³⁵The public reading from the Torah at the end of a Sabbatical year, Deut. 31:10–13; cf. Halakhot 7–8., the portion about the calf whose neck was broken³⁶The declarations Deut. 21:7 (the Elders), 8 (the priests); cf. Chapter 9., the [priest] anointed for war at the time he speaks to the people³⁷Deut. 20:1–9; cf. Chapter 8.. The recitation for the first fruits, how? “You shall begin and say before the Eternal, your God³⁸Deut. 26:5.” but further on it says, “the Levites shall begin and say to all the men of Israel in an elevated voice³⁹Deut. 27:14. The implication of this verse is explained in the Halakhah.”. Since “beginning” further on means in the holy language, so also here in the holy language⁴⁰This is an application of the third hermeneutical rule of R. Ismael: The meaning of a word is defined by one paradigm. It does not fit the mold of the second rule, “equal cut”, preferred by the commentators..
Ḥalîṣah how? “She shall begin and say: So shall be done to the man⁴¹Deut. 25:9.” but further on it says, “the Levites shall begin and say to all the men of Israel in an elevated voice”. Since “beginning” further on means in the holy language, so also here in the holy language. Rebbi Jehudah says, “She shall begin and say so,” [it is invalid] unless she says exactly that text⁴²He disregards the dividing accent in the sentence and reads: “She shall begin and say so: it will be done to the man who will not build his brother’s house” instead of “She shall begin and say: thus will be done …” It gives a different twist to a derivation originating with R. Jehudah’s father’s teacher R. Eliezer in Mishnah Yebamot 12:4; cf. Babli 33a/b..

Three things have to be executed in the name [of the woman]¹⁰²A similar text in Tosephta Giṭṭin 2:7.. “He shall write for her.¹⁰³Deut. 24:1, speaking of a bill of divorce. The document has to be written for her, otherwise it is invalid (MishnahGiṭṭin 3:2, Sifry Deut. 269, quoted many times in both Talmudim).” “He shall execute for her.¹⁰⁴Num. 5:30. The Cohen has to conduct the ceremony of the suspected wife for that particular woman, otherwise it is invalid. The Babli (18a) refers this only to the scroll which is to be written for the woman, which has to be written and erased with that particular person in mind.” “Or manumission was not given to her.¹⁰⁵Lev. 19:20, speaking of a slave girl. The document of manumission has to be executed for the particular slave girl. This requirement is then extended in the Tosephta to the manumission of male slaves.” ¹⁰⁶Babli 16b; Tosephta 1:8; Sifry Num. 11, Sifry Zuṭa Naśo; Num.rabba 9(13). Three things have to be seen: The ashes of the cow¹⁰⁷Some ash has to be visible on the water used to purify from the impurity of the dead., the dust of the suspected wife¹⁰⁸As described in the Mishnah., and the spittle of the sister-in-law¹⁰⁹Deut. 25:9, in the ceremony of ḥalîṣah; cf. Mishnah Yebamot 12:6.. Rebbi Ismael stated: Also the blood of the bird for the sufferer from skin disease¹¹⁰Lev. 14:5; the healed patient has to be purified by being sprinkled with spring water mixed with the blood of a bird.. Rebbi Ze‘ira said, the Sages estimated that the blood of a small bird becomes negligible in a quarter [log] and the blood of a large bird does not render a quarter [log of water] negligible¹¹¹Taking exactly one quarter log (135 dl, cf. Note 55) will prevent any problems.. As it was stated¹¹²Sifra Meṣora‘ Pereq 1(5); Babli 16b.: “In the blood¹¹³Lev. 14:6. The Cohen has to dip the hyssop and a living bird “in the blood of the slaughtered bird on the flowing water”. The “fresh water” is in a vessel but was taken from a spring. The blood of the slaughtered bird is on the fresh water in the vessel. The simple meaning of the verse, that the bird’s blood must form a layer on the fresh water, obviously cannot be meant.”, should that be only blood? The verse says, “fresh water”. If fresh water, should that be all fresh water? The verse says, “in the blood”. How is this? Fresh water in which the bird’s blood is recognizable. The Sages estimated, a quarter [log]. Rebbi Pedat in the name of Rebbi Joḥanan: The water of a suspected wife becomes disqualified by staying overnight¹¹⁴Following the opinion that the water has to be taken from the water basin in the Temple. Any water taken from there and sanctified in a temple vessel belongs to the service of that day; once the day has passed (which in the Temple is counted from dawn to dawn), its service cannot be made up (cf. Sukkah 4:7). But according to the opinion that the water may come from outside sources, the position of R. Joḥanan could be explained. However, R. Joḥanan holds everywhere that practice follows the anonymous Mishnah (Yebamot 4:11, Note 177; Babli Ḥulin 43a).. Rebbi Aḥa in the name of Rebbi Abina: Nothing of which the altar has no part becomes disqualified by staying overnight¹¹⁵R. Joḥanan will hold that water in the basin is for the altar in the water offering on Tabernacles (Sukkah 4:7). The problem is not discussed in the Babli; Maimonides (Soṭah 4:12) follows R. Joḥanan as the overriding authority..

MISHNAH: If she stripped off and spat but did not recite, the ḥalîṣah is valid⁸⁸All three actions by the widow, first stripping the shoe from the levir’s foot, second to spit out in front of him, third to recite: “So should be done to the man who would not build his brother’s house” are required in Deut. 25:9.. If she recited and spat but did not strip off, the ḥalîṣah is invalid. If she stripped off and recited but did not spit, Rebbi Eliezer says, the ḥalîṣah is invalid, but Rebbi Aqiba says, the ḥalîṣah is valid.
⁹⁶This Mishnah explains the positions of Rebbis Eliezer and Aqiba in Mishnah 3. Rebbi Eliezer said, “so it shall be done⁹⁷Deut. 25:9: “So should be done to the man who would not build his brother’s house”. This is the required recitation by the widow. It is taken out of context for emphasis, so and not otherwise. This is meant to imply that no ḥalîṣah is valid if it is not executed exactly as written.”, anything which is an action is preventing⁹⁸Preventing the validity of the procedure.. Rebbi Aqiba said to him, is that a proof? “So it shall be done to the man”, any activity of the male [is preventing.]

“And receipts,” documents of consent¹⁰⁶Greek ‘ομολογία, “consent”. A joint declaration of payor and payee that the debt is extinguished.. “Letters of estimation,” estimation for orphans. “Letters of provisions,” support of a widow. “Documents of ḥaliṣah.” The following are documents of ḥaliṣah. There¹⁰⁷Babylonia. The Babylonian text is rather longer, Babli Yebamot 39b., they are saying: That she appeared before us and removed his shoe from his right foot and spat before us visible spittle on the ground and said, so shall be done to a man who will not build his brother’s house¹⁰⁸Deut. 25:9.. “And documents of repudiation.” The following are documents of repudiation¹⁰⁹Babli Yebamot107b.: I do not want him, I do not find him worthy, and I have no desire to be married to him. “And documents of selections.” Rebbi Joḥanan said, compromissa; each party selects one¹¹⁰Babli Bava batra 168a.. “And court decisions,” Decisions of lawsuits. “And private letters,” greetings.

¹⁰⁴This is from Terumot 1:2, Notes 94–102. There, we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn.” So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who speaks but does not hear is ḥereš, one who hears but does not speak isḥereš. But we have stated: “Ḥalîṣah is invalid if performed for a ḥereš man, or by a ḥereš woman, or for an underage male.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.” We also have stated: “A ḥereš mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said that the principles of Rebbi are no principles.

Rebbi Ismael ben Rebbi Yose¹⁰⁵In the Babli, 105b, he is reported to say that the Yerushalmi version of the Mishnah is his father’s. asked before Rebbi: What is the difference between underage males and females? He said to him, “a man¹⁰⁶Deut. 25:9. This argument is attributed to “the Rabbis” in the Babli, 105b.” is written in the paragraph. But about her, “his sister-in-law shall come before him,¹⁰⁵In the Babli, 105b, he is reported to say that the Yerushalmi version of the Mishnah is his father’s.” in any case.

MISHNAH: The commandment of ḥalîṣah: He and his sister-in-law come to the court of law and they give him appropriate counsel, as it is said: “The Elders of his city shall call him and speak to him¹¹⁴Deut. 25:8.”. She says: “My levir refuses to erect a name in Israel for his brother, my levir does not want;¹¹⁵Deut. 25:7.” and he says: “I do not desire to take her¹¹⁴Deut. 25:8..” They have to speak in the holy language¹¹⁶The entire ceremony must be conducted in Hebrew. Since it is to be assumed that the parties do not know Hebrew, the text has to be read to them by the judges, for them to repeat.. “His sister-in-law comes to him before the Elders’ eyes, strips his shoe from his foot, and spits out before him¹¹⁷Deut. 25:9.,” spittle that is visible to the judges. She has to declare and say: “So should be done to a man who would not build his brother’s house.¹¹⁷Deut. 25:9.” Up to this sentence they were reading to them but when it was read for Rebbi Hyrkanos¹¹⁸In the Babli: When R. Hyrkanos was reading it under the oak tree at Kefar ‘Etam. In other places, the name appears as כפר עיכוס. The place is unidentified. under the oak tree in Kefar Abus he finished the paragraph; they established to finish the entire paragraph, “his house shall be called in Israel the house of the one stripped of shoe¹¹⁹Deut. 25:10..” The obligation is on the judges, not on the students¹²⁰The law students who regularly attended court sessions. The judges themselves have to recite “house of the stripped of shoe”.. Rebbi Jehudah said, everyone present has the obligation to say,” the one stripped of shoe, the one stripped of shoe¹²¹In the Babli, the clause is repeated three times.”.

There are Tannaim who state that ḥalîṣah is shameful; there are Tannaim who state that ḥalîṣah is praiseworthy. Rav Ḥisda said, he who says that ḥalîṣah is shameful follows the early Mishnah, that ḥalîṣah is praiseworthy follows the late Mishnah¹⁴⁰Mishnah Bekhorot 1:7: “The obligation of levirate has precedence over ḥalîṣah. That was in earlier times, when people had the intent to fulfill the commandment, but now, when people do not have the intent to fulfill the commandment (but to enjoy the marriage) they said, the obligation of ḥalîṣah has precedence over levirate.”. Rebbi Yose said, you might even say, in both cases one follows the early Mishnah, or in both cases one follows the late Mishnah. He who says that ḥalîṣah is shameful, since he damaged one thing in the Torah he shall come and take his damage: “his house shall be called in Israel the house of the one stripped of shoe.¹¹⁷Deut. 25:9.” He who says that ḥalîṣah is praiseworthy, it mentions here “calling” and it is said there: “My name will be called about them¹⁴¹Gen. 48:16. This verse is a blessing.”. Since “calling” there is a praise, so here it is a praise.