Шмот 21:9 Связанные отрывки

²⁵²This and the following paragraphs are paralleled in Yebamot 10:14 (י), explained there in Notes 178–210.“If he allots her to his son.” He allots her to his son but may not allot her to his brother. He should be able to allot her to his brother by an argument de minore ad majus! If he may allot her to his son who may not take his place for ḥalîṣah and levirate, should it not be logical that he may allot her to his brother who may take his place for ḥalîṣah and levirate? No. If you would accept the son since he will take [the father’s] place in a field of inheritance, what can you say about his brother who will not take his place in a field of inheritance? Would it be reasonable that he may allot her to him? The verse says, “if he allots her to his son.” He allots her to his son but may not allot her to his brother.

“If he allots her to his son;” with [the girl’s] agreement. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with or without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement.

“If he allots her to his son;” with [the girl’s] agreement¹⁹⁰This is the explicit interpretation of the Babli (Qiddushin 19a) which seems to be valid here also and explains the apparent duplication of the argument in this paragraph.. Rebbi Joḥanan said, there is no agreement here. Rebbi Jacob bar Aḥa said so, the statement follows Rebbi Yose ben Rebbi Jehudah¹⁹¹He holds in a baraita(Qiddushin1:2, fol. 59c; Babli 19a) that the money given to the father does not count as bride money but that the allotment is a legal betrothal since from the moment of betrothal she is no longer a servant. The money with which she is bought is money with which her services are bought for the duration of her servitude. By allotment, the value of the remainder of the money (computed by the remaining days of her servitude) is given as wedding gift. This implies that on the last day of her servitude she can be allotted to master or son only if at least a peruṭah’s worth of servitude is left (if the day’s worth is prorated by hours).. Rebbi Samuel bar Eudaimon said, even if you say the statement follows Rebbi Yose ben Rebbi Jehudah, is he not a minor¹⁹²Who is not called “a man” and cannot legally acquire. The Babli (19a) refers to the case of a levir aged 9 years and 1 day (Mishnah Yebamot 7:4) who by intercourse does acquire preliminarily his sister-in-law by biblical standards, except that his wife cannot be prosecuted for adultery since it is written (Lev. 20:10): “A man who commits adultery with a man’s wife”. This implies that there are cases where a woman can be legally married to a male without being a man’s wife.? “If he allots her to his son;” with [the latter’s] agreement. Rebbi Joḥanan said, he allots her to his minor or adult son, with and without the latter’s agreement. Rebbi Simeon ben Laqish said, he allots her only to his adult son with the latter’s agreement¹⁹³In the Yerushalmi, practice should follow R. Joḥanan. In the Babli, R. Joḥanan’s opinion is not mentioned; what is asserted here in the name of R. Simeon ben Laqish is there attributed to the unquestioned authority of R. Yannai, the teacher of both R. Joḥanan and R. Simeon ben Laqish..