Talmud su Levitico 21:14
אַלְמָנָ֤ה וּגְרוּשָׁה֙ וַחֲלָלָ֣ה זֹנָ֔ה אֶת־אֵ֖לֶּה לֹ֣א יִקָּ֑ח כִּ֛י אִם־בְּתוּלָ֥ה מֵעַמָּ֖יו יִקַּ֥ח אִשָּֽׁה׃
Una vedova, o una divorziata, una donna profanata, o una prostituta, queste non devono prendere; ma una vergine del suo stesso popolo deve prendere in moglie.
Jerusalem Talmud Makkot
MISHNAH: The following are flogged1As a matter of principle, all transgressions of biblical prohibitions are punishable by flogging unless specifically exempted. The rules are spelled out by Maimonides in his Commentary to this Mishnah. It is under stood that a sentence of flogging can be passed only after a trial based on the testimony of two witnesses both to the fact of the crime and the necessary warning given to the perpetrator.
A crime punishable by the death penalty can never lead to a sentence of flogging, even if the death penalty cannot be imposed because of a material or technical obstacle. Crimes punishable by extirpation or Death by the Hand of Heaven are subject to flogging, since in this case the earthly punishment guarantees the sinner his part in the World to Come (Mishnah 17).
A crime punishable by a fine cannot lead to punishment by flogging. Crimes done by speech without accompanying action are not punishable by flogging, except swearing falsely, substituting sacrifices (Lev. 27:10), and cursing using the Name which is a potential capital crime.
A crime connected to a positive commandment cannot lead to punishment by flogging as long as the positive commandment still can be executed (Mishnah 4).
The infraction of a positive commandment cannot be punished. For example, the High Priest is commanded to marry a virgin. He is prohibited of marrying a widow, divorcee, or desecrated woman (Lev. 21:13–14). If he marries a woman who is not forbidden but not a virgin, he cannot be punished.
A prohibition understood by inference, not written explicitly, cannot be punished.: He who copulates with his sister2Lev. 20:17. The list starts with sexual transgressions punishable by Heaven., or his father’s sister, or his mother’s sister3Lev. 20:19., or his wife’s sister4Lev. 18:18. This is a simple prohibition., or his brother’s wife5Lev. 20:21., or his father’s brother’s wife6Lev. 20:20., or a menstruating woman7Lev. 20:18.. A widow for the High Priest8Lev. 21:14, a simple prohibition., or a divorcee9Lev. 21:7. The clause about halîṣah, the freeing of the widow of a childless man from levirate marriage, is in dispute; the majority holds that the prohibition of the widow after halîsah is rabbinic. or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories10If the High Priest marries a widow who had been a divorcee.. For a divorcee having received ḥalîṣah one is only liable for one category11Since halîṣah is forbidden only as a kind of divorce..
A crime punishable by the death penalty can never lead to a sentence of flogging, even if the death penalty cannot be imposed because of a material or technical obstacle. Crimes punishable by extirpation or Death by the Hand of Heaven are subject to flogging, since in this case the earthly punishment guarantees the sinner his part in the World to Come (Mishnah 17).
A crime punishable by a fine cannot lead to punishment by flogging. Crimes done by speech without accompanying action are not punishable by flogging, except swearing falsely, substituting sacrifices (Lev. 27:10), and cursing using the Name which is a potential capital crime.
A crime connected to a positive commandment cannot lead to punishment by flogging as long as the positive commandment still can be executed (Mishnah 4).
The infraction of a positive commandment cannot be punished. For example, the High Priest is commanded to marry a virgin. He is prohibited of marrying a widow, divorcee, or desecrated woman (Lev. 21:13–14). If he marries a woman who is not forbidden but not a virgin, he cannot be punished.
A prohibition understood by inference, not written explicitly, cannot be punished.: He who copulates with his sister2Lev. 20:17. The list starts with sexual transgressions punishable by Heaven., or his father’s sister, or his mother’s sister3Lev. 20:19., or his wife’s sister4Lev. 18:18. This is a simple prohibition., or his brother’s wife5Lev. 20:21., or his father’s brother’s wife6Lev. 20:20., or a menstruating woman7Lev. 20:18.. A widow for the High Priest8Lev. 21:14, a simple prohibition., or a divorcee9Lev. 21:7. The clause about halîṣah, the freeing of the widow of a childless man from levirate marriage, is in dispute; the majority holds that the prohibition of the widow after halîsah is rabbinic. or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories10If the High Priest marries a widow who had been a divorcee.. For a divorcee having received ḥalîṣah one is only liable for one category11Since halîṣah is forbidden only as a kind of divorce..
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Jerusalem Talmud Sanhedrin
MISHNAH: The High Priest judges and one judges him; he testifies and one testifies against him1These statements are only necessary as contrast to the rules for the king, to whom they do not apply (Mishnah 3).. He gives ḥalîṣah and one gives ḥalîṣah to his wife, and one marries his wife in levirate marriage2If his brother dies childless, he gives halîsah to his sister-in-law, which will be allowed to marry anybody but a Cohen. If he dies childless, any brother not appointed High Priest in his stead may marry his widow.. But he may not marry in levirate marriage since a widow is forbidden to him.3Lev. 21:14. If a family member of his dies, he cannot follow the bier but if they4The people carrying the bier. The High Priest may never be seen together with them. are unseen he can be seen; if they are seen he must be unseen. He leaves with them up to the city gate, the words of Rebbi Meïr; Rebbi Jehudah said, he does not leave the Temple since it is said: The Sanctuary he shall not leave5Lev. 21:12..
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Jerusalem Talmud Sotah
MISHNAH: A preliminarily married woman1Cf. Demai 4, Note 19. or one who waits for her brother-in-law2Her husband died childless; she waits to be married by her brother-in-law. In the meantime, the brother-in-law declared his jealousy and brought witnesses that she had an illicit rendezvous. While a woman waiting for her brother-in-law is unable to marry outside the family without ḥalîṣah, her infidelity in her widowhood is not criminal adultery (cf. Yebamot, Chapter 2, Note 6). Nevertheless, if a brother-in-law “bespoke” her, she is as if preliminarily married to him and if she violates his demand that she not be with a suspected paramour, he cannot marry her unless she is cleared by the Soṭah ritual. Since this is impossible and she has brought the situation on herself by her action, she has to receive ḥalîṣah, be divorced, and cannot claim her ketubah money. neither drinks nor collects her ketubah, since it is said3Num. 5:29. “Under her husband” is only a wife living with her husband. In Sifry Num. 20 (differently in Babli 24a, attributed to the same authors) there is a discussion on which woman is considered living with her husband.: “.. who will deviate from under her husband,” which excludes a preliminarily married woman and one who waits for her brother-in-law.
A widow [married to] a High Priest4Lev. 21:14., a divorcee5Lev. 21:7. or one who received ḥalîṣah6She is a divorcee by rabbinic standards; cf. Mishnah Yebamot 2:4. to a common priest, a female bastard7Cf. Yebamot Chapter 1, Note 176. or a Gibeoness8Cf. Yebamot Chapter 2, Note 72. to an Israel, or an Israel woman married to a bastard or a Gibeonite, neither drinks nor collects her ketubah9The Halakhah leaves open the possibility that this latter rule may be a rabbinic decree..
A widow [married to] a High Priest4Lev. 21:14., a divorcee5Lev. 21:7. or one who received ḥalîṣah6She is a divorcee by rabbinic standards; cf. Mishnah Yebamot 2:4. to a common priest, a female bastard7Cf. Yebamot Chapter 1, Note 176. or a Gibeoness8Cf. Yebamot Chapter 2, Note 72. to an Israel, or an Israel woman married to a bastard or a Gibeonite, neither drinks nor collects her ketubah9The Halakhah leaves open the possibility that this latter rule may be a rabbinic decree..
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