Powtórzonego Prawa 23:18 Odniesienia do Talmudu: Jerusalem Talmud Kiddushin, Jerusalem Talmud Sanhedrin & Jerusalem Talmud Yevamot

Rebbi Samuel bar Rav Isaac asked: How can a ḥăruphah slave girl¹³⁸Cf. Lev. 19:20–22. The slave girl has a status approximating that of married woman but sleeps with another man. By rabbinic interpretation, the girl is whipped and the man has to bring a reparation sacrifice. The exact meaning of the root חרף is in doubt, in view of the multiple meanings of Arabic حرف or خرف; rabbinic interpretations are given at the end of this paragraph and the next. If she were an unattached slave, she could not marry and, therefore, could have guiltless sex with any man of her choosing. The Jewish man who slept with her would be guilty of violating Deut. 23:18 for which he could be whipped if the act was observed by two witnesses, but no sacrifice would be due. acquire her autonomy in such a way that she would be freed from flogging, and [free] the one who had intercourse with her from a reparation sacrifice? It is obvious that she cannot leave by a bill of divorce since Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage¹³⁹Giṭṭin 4:5, Notes 140–141. In this interpretation the girl is partially manumitted and engaged to be married by a free Jewish man after her complete manumission. Since in her present state she cannot be legally married, neither can she be divorced.. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least since (Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least)¹⁴⁰The meaning of this sentence is unclear. The text in parentheses is dittography inserted by the corrector.. Rebbi Yose said in Rebbi Joḥanan’s name: Aquila the proselyte translated before Rebbi Aqiba “and she is a slave girl נֶחֱרֶפֶת to a man”¹⁴¹Lev. 19:20., by “one who was pounded before a man”¹⁴²She was betrothed by intercourse., as you say, “she spread morsels on it¹⁴³2S. 17:19. The identification of ה and ח is routine in rabbinic derivations but etymologically unfounded. Modern dictionaries treat הריפות, הרפות as derived from a hypothetical root ריף, not הרף..” Rebbi Ḥiyya said in Rebbi Joḥanan’s name: So Rebbi Eleazar ben Rebbi Simeon explained it before the Sages. “And she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “in morsels by a pestle.¹⁴⁴Pr. 17:19. Aquila translates בְּתוֹךְ הָרִיפוֹת by ἐν μέσῳ ἐμπτισσομένων “in the midst of pounded things”. Both verses are quoted in the same sense in the Babli, Keritut 11a, that a man who sleeps with a ḥaruphah slave girl is guilty only if the girl had previously slept with her assignee, not if she is a virgin. (This agrees with the derivation of נחרפת, accepted by Gesenius, from Accadic ẖarāpu, Arabic خرف “to pluck, to harvest”, that the slave girl “had been plucked by a man,” Lev. 19:20.) The tradent there is R. Isaac; Aquila is not mentioned [since in the Babli’s tradition he did not translate following R. Aqiba but R. Eliezer and R. Joshua, one generation earlier (Megillah 3a).] {One is tempted to find in ח̇רפ the root of Greek Χάρυβδις, a dangerous whirlpool between Italy and Sicily, personified as a dangerous female being who “plucks men” (E. G.).}”

Can she¹⁴⁵The ḥăruphah slave girl, to be able to sleep with whomever she pleases. regain her autonomy through her master’s death or by the end of six [years]? What is the problem? Following Rebbi Aqiba? But Rebbi Aqiba said that the verse speaks about a woman half slave and half free engaged to be married by a free man¹⁴⁶Babli Keritut 11a. Her situation can be remedied only by her full manumission, Mishnah Giṭṭin 4:5.. Therefore, his problem is following Rebbi Ismael, since Rebbi Ismael said that the verse speaks about a Canaanite¹⁴⁷Meaning: originally Gentile. slave girl married to a Hebrew slave, since this is marriage sanctioned by the Torah: “If his master give him a wife.¹⁴⁸Ex. 21:4. Since the children born from this union are slaves, the woman cannot be a Hebrew slave girl. Since the woman is called “wife”, she is required to be faithful by biblical standards. The question is whether this kind of marriage is terminated automatically, without any formality, at the moment the Hebrew slave regains his freedom. At the same moment, the slave woman becomes forbidden to him since any sexual relations between people who could not legally be married is qualified as qādēš(Deut. 23:18).” But his problem is whether she regains her autonomy through her master’s death or by the end of six [years] for him who says that the Hebrew slave does not serve the heir¹⁴⁹As explained in the next Halakhah. The question is not answered since it can never arise in the future (Note 152)..

HALAKHAH: “A man who had sexual relations with a male.” From where the warning¹²⁹A prohibition the penalty for which is not spelled out carries a penalty of flogging (Deut. 25:21). For any more serious infraction the pentateuchal style requires that separate verses must spell out (1) the prohibition, (2) the penalty to be imposed by the court, (3) the penalty imposed by Heaven in case the crime was not observed by two blameless adult male witnesses and, therefore, no court case was possible. In case of sexual crimes this would mean that the witnesses have to see the sex act. For a civil case, such as a husband wishing to divorce his wife because of her adultery, without paying her ketubah, it is enough for witnesses to testify to her going to a room with another man, locking the door, and extinguishing the lights. But this is not enough for a criminal conviction. for a person having sexual relations with a male¹⁷³The form זְכוּר denotes, if not the penis, then the male as appendix to his sex organ.? With a male you shall not sleep in women’s ways¹⁷⁴Lev. 18:22. A general parallel to this paragraph is in the Babli, 54b.. From where extirpation? For anybody who would commit any of these abominations will be extirpated^131,Lev. 18:29.¹³⁵The verse is slightly misquoted., etc. Punishment from where? A man who would sleep with a male in women’s ways, an abomination did both of them commit; they shall be put to death; their blood be on them¹⁷⁵Lev. 20:13.. You learn their blood be on them from their blood be on them¹⁵Lev. 20:12. From Lev. 20:27: they shall be put to death, by a stone they shall be stoned, their blood be on them, it is inferred that any expression “their blood be on them” means execution by stoning. Babli 54a.. That is for the active one. For the passive one from where? With a male you shall not sleep in women’s ways, read: to be slept with¹⁷⁶The unvocalized text תשכב can be read either with the masoretes as active תִּשְׁכַּב “you shall sleep” or as passive תִּשָּׁכֵב “you shall be slept with”. The nonstandard vocalization in the text is from the ms. (Babli 54b).. So far following Rebbi Aqiba. Following Rebbi Ismael? There shall be no qadeš among the sons of Israel¹⁷⁷Deut. 23:18. The identification of the qadeš as the male prostitute follows later from the verse in Kings.. From where extirpation for the passive homosexual following Rebbi Ismael? Rebbi Jeremiah in the name of Rebbi Abbahu. It says here qadeš and it says there, also a qadeš was in the land¹⁷⁸1K. 14:24.. You learn qadeš from qadeš and qadeš from abomination¹⁷⁹It is assumed that qadeš means the same in both verses. Also, qadeš must refer to the male since the feminine form qedešah is explicitly mentioned in Deut. 23:18. 1K. 14 continues: They did all the abominations of the peoples whom the Eternal had uprooted from before the Children of Israel. These abominations are referred to in Lev. 18:29 and the only abominations unique to a male are homosexuality and active bestiality. In the Babli, 54b, both R. Ismael’s and R. Aqiba’s statements are quoted as baraitot; partially also in Sifra Qedošim Pereq 9(12).. Rebbi Ḥiyya bar Ada in the name of Rebbi Ḥanina: Abomination from abomination¹⁸⁰In Lev.20, the expression abomination is only used for the homosexual. This implies that the qadeš in 1K. 14:24, and therefore in Deut. 23:18 is engaged in homosexual acts.. Rebbi Yose ben Rebbi Abun said, a baraita¹⁸¹Not recorded elsewhere. states this: Both committed an abomination¹⁷⁴Lev. 18:22. A general parallel to this paragraph is in the Babli, 54b.. Both are stoned, both are subject to warning, both by extirpation.