Powtórzonego Prawa 23:9 Odniesienia do Talmudu: Jerusalem Talmud Yevamot & Yevamot

Rebbi Ḥinena said, the Mishnah¹⁵⁰Qiddushin 4:1. The paragraph is from there, Halakhah 4:1. does not follow Rebbi Jehudah¹⁵¹The Mishnah states that converts may marry anybody, including bastards., since Rebbi Jehudah said that four congregations are called “congregation”, the congregation of Cohanim, the congregation of Levites, the congregation of Israelites, the cogregation of converts. They objected to Rebbi Jehudah¹⁵²In verses Deut. 23:2–9, the expression “the Eternal’s congregation” appears 6 times. Should there not be 6 congregations?, but is it not written, “one injured in his testicles should not come”? That refers to bodily blemishes¹⁵³Deut. 23:2. This is a personal exclusion, not a generic one. This verse is not counted. Cf. Note 135.. But is it not written, “children that will be born to them, the third generation shall come from them”? That is a positive commandment¹⁵⁴Deut. 23:9. The prohibition of Egyptians and Edomites is only by inference. Since it is a positive commandment to let Egyptian converts of the third generation marry into the congregation, it follows that the first two may not. But as a positive commandment, an infraction of the rule is not prosecutable. R. Jehudah counts only mentionings of “the Eternal’s congregation” connected to explicit prohibitions of groups.. But the rabbis said, there are three congregations, the congregation of Cohanim, the congregation of Levites, the congregation of Israelites; “they shall not come, they shall not come, they shall not come¹⁵⁵The rabbis agree that four times one finds the expression בקהל יי֨ לא יבא, but only three are left for symbolical inferences since at least one is needed for the fact of the prohibition..”

“They said to him: If it is practice, we shall accept this; if it is a logical argument, there is a counter-argument.” What could they have argued? Rebbi Abbahu in the name of Rebbi Yose ben Rebbi Ḥanina: Are not his grandchildren forbidden for three generations, both male and female¹⁹¹In Lev. 18:17, incest with direct descendents is forbidden for three generations, equally for males and females. The Babli, 77b, has the same argument. There, the two questions of R. Abbahu are answered in the negative; incest prohibitions which concern capital crimes cannot be used as counter arguments in an argument de minore ad majus involving simple prohibitions (regarding Ammonites and Moabites) or prohibitions derived from a positive commandment (regarding Edomites and Egyptians) but they may be used in applications of rules 3 and 4 of R. Ismael (under conditions not recognized by the Yerushalmi.)? Rebbi Abbahu said that Rebbi Simeon ben Laqish questioned, does one argue a matter concerning bastardy in a matter not concerning bastardy? Rebbi Ḥaggai said that Rebbi Abbahu questioned, does one argue a matter concerning extirpation in a matter not concerning extirpation? He said to them, in fact, I am declaring practice and a verse supports me. “Sons,” not daughters¹⁹²Deut. 23:9: “Sons that will be born to them in the third generation shall come (masc.) for them into the Eternal’s congregation.” The entire sentence is in the masculine..

“If they are unable to marry in Israel they disable.” These are¹¹¹Babli 68a, Tosephta Yebamot8:1, Niddah 6:1.: “A child of nine years and one day¹¹²Mishnah 4., an Ammonite, Moabite, or Egyptian¹¹³Mishnah Yadaim 4:4 notes that modern Ammonites, Moabites, and Egyptians are no longer the peoples living in these places at the time of the Exodus; therefore, the prohibitions ofDeut. 23:4–9 are no longer operative. All arguments based on these rules are theoretical exercises of retrospection. proselyte, or a bastard, desecrated, Gibeonite¹¹⁴Cf. Chapter 2, Note 72., Samaritan¹¹⁵Their problems are discussed in the next Halakhah., and Gentile who had intercourse with the daughter of an Israel, a Cohen, or a Levite, disqualified her for the priesthood. Rebbi Yose said, everybody’s intercourse disqualifies whose descendant would be disqualified; his intercourse does not disqualify those whose descendant would not be disqualified. Rabban Simeon ben Gamliel says, in all cases, if his daughter is permitted to you, so is his widow¹¹⁶For a Cohen, not necessarily for anybody else.; if his daughter is not permitted to you, neither is his widow.” In what do they differ? Rebbi Joḥanan says, an Ammonite or Moabite proselyte¹¹⁷A female Moabite or Ammonite was never prohibited from marrying a Jew (Mishnah 8:3; Sifry Deut. 249.). The same argument in Babli 69a. is between them. For him who says, everybody’s intercourse disqualifies whose descendant would be disqualified, here since his descendant¹¹⁸If he is a male (Mishnah 8:3). would be disqualified, his intercourse disqualifies. For him who says, if you may marry his daughter you may marry his widow, here since you may marry his daughter you may marry his widow. The words of the Sages? Rebbi Jeremiah in the name of [the rabbis], Rebbi Abba, both say: Regarding the daughter of an Ammonite or Moabite proselyte or the daughter of a second-generation Egyptian¹¹⁹Any third generation Egyptian, male or female, is permitted; Deut. 23:9; Mishnah 8:3., even though his daughter is permitted to you, his widow is forbidden to you. Rebbi Zakkai: Rebbi Alexander sent to ask [about] the daughter of an Ammonite proselyte and the daughter of a second-generation Egyptian. Rebbi Yose said to him, did you not hear that Rebbi Jeremiah in the name of the rabbis, Rebbi Abba, both say: Regarding the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian, even though his daughter is permitted to you, his widow is forbidden to you. And everybody’s intercourse disqualifies whose descendant would be disqualified. Do we not need it when her mother was from Israel? That you should not say that since her mother was desecrated so her daughter was desecrated. In addition, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed, the daughter of an Ammonite proselyte or the daughter of a second-generation Egyptian¹²⁰From a Jewish mother., Rebbi Joḥanan said, they are acceptable, Rebbi Simeon ben Laqish said, they are disqualified. Rebbi Yose ben Abun said, they disagree about the old women¹²¹The mother, the wife of an Ammonite or second generation Egyptian.: Rebbi Joḥanan said, they are acceptable¹²²He follows Rabban Simeon ben Gamliel. Rebbi Alexander’s question is not answered since it is moot anyhow., Rebbi Simeon ben Laqish said, they are disqualified.