Talmud do Wyjścia 22:17

MISHNAH: The following adolescent girls¹The biblical law prescribes (Deut. 22:28–29) that the man raping נַעֲרָה בְתוּלָה “a virgin adolescent girl” has to pay her father 50 šeqel and must marry her. In the corresponding law about the seducer of a virgin (Ex. 22:15) he has to pay if he does not marry the girl. In that paragraph, the adolescent is not mentioned; but since it is stated that the father has the right to withhold her from the seducer, it follows that the girl cannot be an adult; she must be underage or adolescent. An adolescent is a girl in the first 6 months after she grows two pubic hairs, cf. Nedarim Chapter 10, Note 1. The age at which the fine can be claimed is the topic of Halakhah 3:9. can claim a fine: From someone who has intercourse with a bastard girl²Obviously, one who rapes or seduces an eligible Jewish girl has to pay. The Mishnah enumerates only those categories where there might be an argument that he should not be required to pay. Each category is discussed in the Halakhah. A bastard is excluded from contracting a valid marriage in the native congregation in Deut. 23:3., or a Gibeonite or a Samaritan girl, and one who comes to a female proselyte, a kidnap victim, or a slave girl who was redeemed, converted, or freed, at less than three years and one day of age³Cf. Mishnah 1:2.. Also from one who has intercourse with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife⁴If she was divorced or became a widow before the final marriage. The preliminary marriage activates all incest prohibitions implied by marriage., or his paternal uncle’s wife⁵But for a capital crime he does not pay since there cannot be two punishments for one crime. Extirpation is a divine punishment, outside the purview of a human court., or a menstruating girl; he has to pay the fine since it is not a capital crime⁶This word is in the ms. and editio princeps but should be deleted. even though he is subject to extirpation.

HALAKHAH: “The following adolescent girls,” etc. It is written⁷Deut. 22:29, speaking of the rapist.: “She should be his wife,” one who can be his wife⁸This argument will be used at the end of the paragraph to exclude the slave-girl from consideration since she cannot legally marry anybody. The bastard can legally marry a proselyte or another bastard (Mishnah Qiddušin4:1). The inverse question could be asked if a bastard rapes a regular Jewish girl. The question is asked in the Babli, 29b.. Can the bastard girl be his wife? Rebbi Simeon ben Laqish said, “he should weigh silver appropriate for the bride-price of virgins⁹Ex. 22:16, speaking of the seducer. In the Babli, 29b, R. Simeon ben Laqish argues differently.”, that added many virgins. Rebbi Ze‘ira said, if it had said “virgin’s brides-prices”; but it says only “appropriate for the bride-price of virgins”; the verse added them only for the bride-price¹⁰It implies only that even a virgin disqualified in general still has a claim to a full ketubah; e. g., if a bastard girl marries a proselyte.. But where was this said¹¹That the fine must be paid.? As Ḥizqiah stated: “If refusing her father should refuse⁹Ex. 22:16, speaking of the seducer. In the Babli, 29b, R. Simeon ben Laqish argues differently.,” not only if her father refuses; from where even if from Heaven they refuse¹²By a biblical prohibition.? The verse says “refusing should refuse”, in any case. But then a man who has intercourse with a slave girl should pay the fine! This is impossible, as it was stated: I could think that one who has intercourse with a Gentile slave-girl should be obligated, the verse says, “by bride-money he should take her as a wife to himself.” Only one whom he can marry; this excludes the Gentile slave whom he cannot marry¹³While the Gentile slave-girl of a Jewish owner becomes pseudo-Jewish by baptism in a miqweh, she would be able to contract a marriage only by manumission by which she would become a full-fledged proselyte. Cf. Halakhah 1:4, Notes 181–184.. But he cannot marry his sister and he pays the fine! There is a difference since she can be married to others. But his daughter can be married to others and he does not pay the fine¹⁴Mishnah 3:2.! There is a difference since it is a capital crime and nobody who commits a capital crime pays money¹⁵Even if he cannot be convicted because there were no two eyewitnesses to the act..

‘Five things’, etc.: ‘A round cushion’. Why?²⁷Why is not their stuffing removed before immersion? For it is written, Woe to the women that sew cushions upon all elbows, and make pads for the head of persons of every stature to hunt souls!²⁸Ezek. 13, 18. Here cushions are compared with pads [mispaḥoth]: just as a ‘scab’ [sapaḥath] is clean, as it is written, Then the priest shall pronounce him clean; it is a scab,²⁹Lev. 13, 6. so too is a cushion clean.³⁰i.e. the stuffing in it need not be removed before the cushion is immersed.
The Rabbis taught:³¹Sanh. 68a (Sonc. ed., p. 462). [The story is related in ARN, p. 124ff.] When R. Eliezer fell sick, all the wise men of Israel came to visit him. That day was the Sabbath-eve and he was wearing his tefillin. His son entered to remove them from him,³²Because they are not worn on the Sabbath. but he rebuked him and drove him away in anger. [The son] said to the wise men, ‘I believe that my father’s mind is deranged’. Whereupon [R. Eliezer] exclaimed, ‘His mind and that of his mother are deranged but my mind is not’. As he was dying, he put two of his fingers together and said, ‘Woe to me because of these two Scrolls of the Torah!³³The parallel passage in Sanh. adds: ‘that are wrapped up’, so that they cannot be read. So had it been with his knowledge, none learning from him because he had been excommunicated. Cf. B.M. 59b (Sonc. ed., p. 353). Much Torah have I learnt and much Torah have I taught,³⁴Before the ban. yet I extracted little from the knowledge of my teachers like a dog lapping from the sea. My disciples have only extracted little from me like a painting-stick from its tube. If all the trees were made into pens and all the seas into ink, they would not suffice to write down all that I expounded. Moreover, I have studied three hundred laws on the subject of a deep bright spot³⁵One of the symptoms of leprosy (Lev. 13, 2). and three hundred established laws³⁶i.e. decisions arrived at after discussion. derived from the verse, Thou shalt not suffer a sorceress to live,³⁷Ex. 22, 17. and no man, excepting ‘Aḳiba b. Joseph, ever questioned me thereon’ [54a].
The master said, ‘Like a dog lapping from the sea’—he compared himself to a dog! He said it with reference to his disciples. And why to his disciples? Because they did not visit him during his illness; and it has been taught: He said concerning them, ‘I will be surprised if they die a natural death’.³⁸Sanh. loc. cit.

HALAKHAH: “The sorcerer is one who does a deed,” etc. A sorceress you shall not let live³⁶³Ex. 22:17., whether man or woman, but the Torah taught you the way of the world that most women have a tendency to sorcery³⁶⁴Babli 67a and Mekhilta dR. Simeon ben Iohai, ad loc., the first part only in Mekhilta dR. Ismael, ad loc.. Rebbi Eliezer said, a sorcerer is [executed] by stoning. What is Rebbi Eliezer’s reason? It says here, a sorceress you shall not let live, and it says there, whether human or animal they shall not live³⁶⁵Ex. 19:13. The verse requires stoning or shooting the transgressor.
In the Babylonian sources (Babli and the two Mekhiltot), this argument is attributed to R. Aqiba, who in the Yerushalmi rejects it.. Since shall not live there means by stoning, also here by stoning. What is the rabbis’³⁶⁶There “rabbis” oppose the Mishnah and decree beheading for the sorcerer; in Babli and Mekhilta dR. Simeon ben Iohai the author is R. Yose the Galilean, in Mekhilta dR. Ismael it is R. Ismael. reason? It says here, a sorceress you shall not let live, and it says there, you shall not let live anybody³⁶⁷Deut. 20:16.. Since you shall not let live there means death by the sword, also you shall not let live here means death by the sword. Rebbi Aqiba said, from this argument I am deciding. It is preferable to learn you shall not let live from you shall not let live rather than from shall not live. What is Rebbi Jehudah’s reason³⁶⁸The student of R. Eliezer’s student gives the final argument for the Mishnah. In the Babli (here and Berakhot 21b) and Mekhilta dR. Simeon ben Iohai his argument is attributed to Ben Azzai, in Mekhilta dR. Ismael to R. Yose the Galilean.? It says here, a sorceress you shall not let live, and it says there, anybody lying with an animal shall die the death³⁶⁹Ex. 22:18, the verse following the one about the sorceress. Since in v. 17 the method of execution is not indicated, the instruction of v. 18 is interpreted in the light of Lev. 20:15–16 and applied to both verses.. Since the execution of the animal is by stoning, so here also by stoning³⁷⁰Since for animals the only explicitly mentioned example of execution is the stoning of the notorious bull..

When Rabbi Eliezer became sick, (they say) it was the eve of the Sabbath. Rabbi Akiva and his companions came in to visit him. He was sleeping in his room, so they sat in the entrance hall. His son Hyrcanus went in to take off his father’s tefillin,¹It was right before the Sabbath, and tefillin are not worn on the Sabbath. but his father would not let him, and began to cry. Hycanus came out and said to the sages: My masters, it seems to me that my father is confused. But his father called out: My son, I am not confused – you are confused! For you have not lit the Sabbath candles, for which you can be sentenced to death by divine decree. But I was just wearing tefillin, which is forbidden [to be worn on the Sabbath] only by rabbinic practice. When the sages saw that he was of clear mind (they went in) and sat before him, at a distance of four cubits. They said to him: Rabbi, a circular cushion, a ball, a mannequin, an amulet, and a torn prayer box – what is their status (with regard to whether they can become impure)? He said to them: They can become impure, and you should immerse them in water just as they are. Be very careful to do this, because these are important laws that were said to Moses on Mount Sinai. So they continued asking about ritual purity and impurity, and immersions. They would say: Rabbi, what about this? And he would say: Impure. What about that? And he would say: Pure. In this way he answered all their questions about what was pure and what was impure.
Afterward, Rabbi Eilezer said to the sages: I wonder if the students of this generation will be punished by death at the hands of Heaven. They replied: Rabbi, why? He said to them: Because they have not come and apprenticed with me.
Then he said to Akiva ben Yosef: Akiva, why did you not come to apprentice with me? Rabbi Akiva said: I did not have any time to come. He replied: I wonder if you will die a natural death.
Some say they never said any of this; rather, when Rabbi Eliezer first said this about the students, Akiva’s blood started racing inside of him, and he said: And Rabbi, how will I die? And Rabbi Eliezer said: (Rabbi) Akiva, your death will be the worst of all. Then Rabbi Akiva went and sat before him and said: Rabbi, teach me. Rabbi Eliezer began by teaching him three hundred laws about impure white patches of skin [baheret]. Then Rabbi Eliezer raised both of his arms and lay them on his chest, and said: Oy, these two arms of mine are like two Torah scrolls that will vanish from the world! For if all the seas were ink, and all the reeds were quills, and every person was a scribe, they still could not write down everything that I have read and taught. I apprenticed with the sages in the academy and did not forget (a thing I witnessed), not even a drop out of the sea. I never ceased learning except to dip my quill into ink. I could teach three hundred laws just on the verse, “Do not let a witch live” (Exodus 22:17) – and some say it was three thousand laws! – But no one ever asked me about them except for Akiva ben Yosef, who once said, Rabbi, teach me how they plant squash [through witchcraft], (and how we uproot them). And I answered, With one word, the whole field is filled with squash. So he said to me, Rabbi, you have taught me about how they are planted; now teach me about how they are uprooted. And I said, With one word, they can all be gathered together into one place.
Rabbi Elazar ben Azariah said to him: Rabbi, what about a sandal on a mannequin’s leg? He answered: Pure. In this way he kept answering questions about what was pure and what was impure, until his soul departed in a state of purity. Immediately, Rabbi Elazar ben Azariah tore his clothes and wept. Then he went out and said the sages: My Masters, come and see Rabbi Eliezer, who will be pure in the World to Come (because) his soul left in a state of purity.
After the Sabbath, Rabbi Akiva came and found Rabbi Eliezer being taken in a coffin from Caesarea to Lod. Immediately, he tore his clothes and pulled at his hair until blood began to come out and drip onto the ground. And he screamed and cried and said: Woe is me, my master, for I have lost you! Woe is me, my master, for I have lost you! My master, you have left this whole generation like an orphan! At the head of his funeral line, he said, “My father, my father, the chariot of Israel and all its horsemen!” (II Kings 2:12). You have left money for me, and I have no table [i.e., money changer] to exchange them.