עַל־דְּבַ֞ר אֲשֶׁ֨ר לֹא־קִדְּמ֤וּ אֶתְכֶם֙ בַּלֶּ֣חֶם וּבַמַּ֔יִם בַּדֶּ֖רֶךְ בְּצֵאתְכֶ֣ם מִמִּצְרָ֑יִם וַאֲשֶׁר֩ שָׂכַ֨ר עָלֶ֜יךָ אֶת־בִּלְעָ֣ם בֶּן־בְּע֗וֹר מִפְּת֛וֹר אֲרַ֥ם נַהֲרַ֖יִם לְקַֽלְלֶֽךָּ׃
porque não vos saudaram com pão e água no caminho, quando saístes de Mitzrayim, e porque contrataram contra ti Bilaam ben Beor, de Petor em Aram Naharaim, para te amaldiçoar.
Jerusalem Talmud Yevamot
Rebbi Ḥaggai asked before Rebbi Yose: Is the child a bastard following Rebbi Jehudah? He said to him, “No one with a damaged testicle or with cut-off penis may marry62Deut. 23:2. The prohibition of the father’s wife is verse 1, the rule of bastardy is verse 3; cf. Chaper 4, Note 211.” interrupts the argument. It interrupted the argument in the matter of the father’s wife. He retorted, the father’s wife was part of the set of all incest prohibitions; it was selected from this set to teach about bastardy for all incest prohibitions63This is an application of Rule 9 of R. Ismael (Introduction to Sifra): “Anything in a set which was selected from that set to teach, was not selected to teach only for itself but for the entire set.”
The prohibition of the stepmother is contained in the set of all incest prohibitions (Lev., Chapters 18,20). Therefore, if the result of incest with a stepmother is a bastard, the result of any other incestuous relation must be a bastard (cf. Mishnaiot 4:14,15).. (Let the father’s wife be selected to teach about bastardy for all incests prohibitions.) Similarly, let the rape victim be selected to teach a prohibition concerning all rape victims64R. Ḥaggai wants to argue that since according to R. Jehudah, the prohibition of a person who had unmarried sex with his father is written in one verse with the prohibition of the father’s wife, all relationships that would be incestuous in the case of marriage should be prohibited.. He said to him, the father’s wife was part of the set of all incest prohibitions; it was selected from this set to teach about bastardy for all incest prohibitions. Can you say that the rape victim was in a set of all rape victims, that it could teach a prohibition concerning all rape victims65There does not exist a set of women prohibited as incestuous by extramarital sex; the set to which Rule 9 might be applied contains only the woman who had slept with his father. The parallel reasoning implied by R. Ḥaggai does not work.? Why cannot the father’s wife be selected to teach about the rape victims in her case? He said to him, is she is the father’s wife, she is not his rape victim; is she is the father’s rape victim, she is not his wife.
The prohibition of the stepmother is contained in the set of all incest prohibitions (Lev., Chapters 18,20). Therefore, if the result of incest with a stepmother is a bastard, the result of any other incestuous relation must be a bastard (cf. Mishnaiot 4:14,15).. (Let the father’s wife be selected to teach about bastardy for all incests prohibitions.) Similarly, let the rape victim be selected to teach a prohibition concerning all rape victims64R. Ḥaggai wants to argue that since according to R. Jehudah, the prohibition of a person who had unmarried sex with his father is written in one verse with the prohibition of the father’s wife, all relationships that would be incestuous in the case of marriage should be prohibited.. He said to him, the father’s wife was part of the set of all incest prohibitions; it was selected from this set to teach about bastardy for all incest prohibitions. Can you say that the rape victim was in a set of all rape victims, that it could teach a prohibition concerning all rape victims65There does not exist a set of women prohibited as incestuous by extramarital sex; the set to which Rule 9 might be applied contains only the woman who had slept with his father. The parallel reasoning implied by R. Ḥaggai does not work.? Why cannot the father’s wife be selected to teach about the rape victims in her case? He said to him, is she is the father’s wife, she is not his rape victim; is she is the father’s rape victim, she is not his wife.