Bagian Terkait Ulangan 23:1

It is written, the genitals of a woman and her daughter you shall not uncover, and it is written, if a man take a woman and her mother, it is taboo. Everywhere is written lying with, but here is written taking, to teach you that he cannot be [criminally] liable for the second woman unless she be taken by him. Or maybe he is [criminally] liable only by marriage? We already said that there is no valid incestuous marriage. But is it not written: Nobody may marry his father’s wife, and he should not uncover his father’s garment’s corner? This comes to tell that she was permitted to him before his father married her. But is it not written: If a man take his brother’s wife? This comes to tell you that she was permitted to him before his brother married her. This is understood by levirate. But is it not written: You should not take a woman in addition to her sister? This comes to tell you that she was permitted to him before he married her sister. This is understood after her sister’s death. But is it not written: A man who would take his sister, his father’s daughter or his mother’s daughter, it is ḥesed? That you should not say that Cain married his sister, Abel married his sister, it is charitable, I was charitable with the first generations so the world could be inhabited; I said, the world was built on ḥesed. But is it not written: Widow, divorcee, and desecrated, these he shall not take? This comes to tell you that if he became betrothed to her, the betrothal is valid.

It was stated: “If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard²⁵⁸Yebamot 7:6 (Note 129), Ketubot3:1 (Note 22), Giṭṭin (Note 123); Babli Yebamot 45a. The entire baraita in Tosephta 4:15.; Rebbi Simeon ben Jehudah says in the name of Rebbi Simeon, the child is not a bastard, for a bastard is only from a woman forbidden to him by an incest prohibition for which the penalty is extirpation²⁵⁹Mishnah Yebamot 4:14..” ²⁶⁰In G, the following is a statement by R. Abbahu in the name of R. Joḥanan. Both of them explained the same verse, “nobody may take his father’s wife, etc.”²⁶¹A parallel discussion, among different Tannaïm, is reported in Yebamot 4:15 (Notes 211–218). The prohibition of the father’s wife (who is not the mother) is repeated in Deut. 23:1 from Lev. 18:8, 20:11, to be connected with the exclusion of the bastard from endogamous marriage. Deut. 23:3. It is understood that a man’s child from his father’s wife is a bastard. The problem is to discern the legal principle which implies that the child is a bastard. Rebbi Meïr explains: Since his father’s wife is special in that he cannot have preliminary marriage with her, but she could have preliminary marriage with others, and the child is a bastard, so in all cases in which she cannot have preliminary marriage with him, the child is a bastard²⁶²This text, adopted by the editio princeps, is the corrector’s text. The second clause and a logical connection are missing from the scribe’s original text which makes no sense as it stands:
רְבִּי מֵאִיר דָּרַשׁ. מָה אֵשֶׁת אָבִיו מְיוּחֶדֶת שֶׁאֵין לוֹ עָלֶיהָ קִידוּשִׁין. אֲבָל אִם הָיָה לָהּ עָלָיו קִידוּשִׁין הַוְלָד מַמְזֶר.
Rebbi Meir explains: Since his father's wife is special in that he cannot have preliminary marriage with her, but if she could have preliminary marriage with him, the child is a bastard.
Reading of G (lacunae in the text filled in brackets):
רְבִּי מֵאִיר דָּרַשׁ. מָה אֵשֶׁת אָב מְיוּחֶדֶת שֶׁאֵין לוֹ עָלֶיהָ [קִידוּשִׁין הַוְלַד מִמְזֵר. אֲבָל] כָּל־שֶׁאֵין לָהּ עָלָיו קִידוּשִׁין הַוְלָד מַמְזֶר.
Rebbi Meïr explains: Since his father's wife is special in that he cannot have preliminary marriage with her, so in any case in which she cannot have preliminary marriage with him, the child is a bastard.
It seems that the original text underlying L was the text of G.. Rebbi Simeon ben Jehudah explains: Since his father’s wife is special in that she cannot have preliminary marriage with him, but she could have preliminary marriage with others, and the child is a bastard; this excludes the Gentile and the slave who cannot contract preliminary marriage with her or with others²⁴⁴The language is somewhat difficult since for R. Jehudah proselytes are part of the “Congregation of the Eternal” (Deut. 23:3), to whom marriage with bastards is forbidden (Yebamot8:2, Note 151; Qiddušin Halakhah 4:1, Note 105). But even R. Jehudah will agree that marriage of a proselyte with a bastard is not punishable.. Rebbi Samuel bar Abba questions that first Tanna: The sister-in-law who whored cannot have preliminary marriage with him or with others²⁶³Yebamot 1:1, Notes 93–94. The widow of the childless man is obligated to definitively marry his brother in levirate; by biblical standards this requires no preliminary marriage. By the same token, she is unable to contract preliminary marriage with any other man before being released by ḥalîṣah (cf. Halakhah 5, Note 166). Any sexual relations she might have during the time she is waiting for her levir are sinful but neither adulterous nor punishable., but the child is qualified²⁶⁴To contract marriage “in the Eternal’s congregation.”! Rebbi Yannai in the name of Rebbi: If a Gentile or a slave had intercourse with a Jewish woman, the child is a bastard. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Rebbi Jacob bar Aḥa, Rebbi Simeon bar Abba, Rebbi Joshua ben Levi, in the name of Rebbi (Yannai ben)²⁶⁵There is no R. Yannai ben Rebbi. Later the statement is quoted in the name of R. Gamliel (IV) ben Rebbi. G is illegible at this point. Rebbi: The child is neither qualified nor disqualified but dirtied²⁶⁶If the child is female, she is not eligible as marriage partner of a Cohen.. Rebbi Jonathan went with Rebbi Jehudah Neśia to the hot springs of Gadara. There, he instructed: The child is qualified²⁶⁷Even for a Cohen.. Rebbi Ze‘ira said, this child improves as time goes by. Rebbi declared the child dirtied, his grandson declared him qualified. Rebbi Abba bar Zavda instructed in the name of all rabbis: The child is qualified. Rebbi Bevai said before Rebbi Ze‘ira in the name of Rebbi Ḥanina: The child is qualified. Rebbi Ze‘ira said, if it is from that, one does not learn from a declaration. Rebbi Ḥizqiah said, I know the story from beginning to end. Rebbi Ḥama bar Ḥanina went up to the hot springs of Gadara. He visited his father who said to him: Be careful, because there are those who are disqualified²⁶⁸Children of Jewish women from Gentile fathers., lest you injure them.