Шмот 21:9 Ссылки в Талмуде: Jerusalem Talmud Nedarim, Jerusalem Talmud Yevamot & Jerusalem Talmud Ketubot

HALAKHAH: “If a woman was waiting for her levir,” etc. Following Rebbi Aqiba⁵⁸For whom the right of dissolution depends on his relationship with the woman defining adultery, can the husband dissolve in questionable cases? The answers, which are not given, are obviously “no”., who can dissolve? For example, what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddušin are valid for her⁵⁹Babli Qiddušin 60a; Yerushalmi Yebamot 3:4 (Notes 102–104), 5:1 (Note 35); Qiddušin 3:1, (63c 1. 71). A man gives something of value to a woman to serve as qiddušin money for a preliminary marriage in a month’s time. If other men also give her deferred qiddušin, they all might end up preliminarily married to her and none of them can marry her. In that case, she is not bound to any one by marriage in the sense of R. Aqiba., who dissolves? And what Rebbi Jacob⁶⁰In the source of this statement, Qiddus̄in 1:2, 59c 1. 8, one reads: “R. Joḥanan said.” Since there is no R. Jacob without father’s name among the students of R. Joḥanan (there are R. Jacob bar Aḥa and R. Jacob bar Idi), the name has to be considered a scribal error. said in the name of Rebbi Joḥanan, he can allot her to his underage son⁶¹This refers to the Hebrew slave girl (Ex. 21:7–11), about a situation intrinsically connected to the Jubilee year which became void with the exile of the Ten Tribes. The verse gives the master the right to marry the girl by considering the price he paid for her as qiddušin money, or to give her to his son as wife without additional expenditure. If the son is a minor, she becomes his wife by biblical decree, But the wife of a minor cannot be prosecuted for adultery [Sifra Qedošim Pereq 9(11)]. Can the underage husband, biblically married to his underage wife, dissolve her vows?, who dissolves? And what Rebbi Jacob bar Aḥa sind in the name of Rebbi Joḥanan, she does not even need a reparation offering for a possible sin⁶²The wife of a deaf-mute or of an insane person (at the time of marriage) is not married by biblical standards and cannot commit adultery. Yebamot, Babli 113a, Yerushalmi 14:1 Note 7. (The rules of reparation offerings for possible sins are in Lev. 5:17–19)., who dissolves?

¹⁷⁸This Halakhah is copied from Qiddushin 1:2, fol. 59b/c which has a better and more complete text.“How is that? [A male] nine years and one day old.” “If he allots her to his son.¹⁷⁹Ex. 21:9, speaking about a minor girl sold by her father as a slave with the understanding that her price would count as betrothal gift in case the owner would desire to marry her or would give her to his son. In that case, the betrothal is called “allotment”. If she is not married, she regains her freedom by reaching adulthood at 12 years of age.” He allots her to his son but may not allot her to the brothers¹⁸⁰The argument is reproduced in Mekhilta deR. Ismael, Masekhta dinziqin 3, Mekhilta deR. Simeon ben Ioḥai Chap. 21 (p. 167); Babli Qiddushin 17b.. He should be able to allot her to the brothers 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 levirate¹⁸¹The Babli rejects this argument by noting that levirate presumes the absence of a son.? The verse says, “if he allots her to his son.” He allots her [to his son] but may not allot her to the brothers. No. If you would accept the son since he will take [the father’s] place in a field of inheritance¹⁸²The family estate going back to the distribution of land under Joshua, for which the succession is determined by the rules of Num. 27:6–11., 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 the brothers.

”The period mentioned in the Torah.” ¹⁸²In Mekhilta dR.Ismael (ed. Horovitz-Rabin p. 259), the first opinion is attributed to Rebbi, the second to R. Joshia; the explanation attributed here to R. Eliezer ben Jacob is there in the name of R. Jonathan. In the Babli, 47b, the first opinion is attributed to R. Eleazar or R. Eliezer, the second is anonymous; the midrash of R. Eliezer ben Jacob is given in his name, 48a. Mekhilta dR.Simeon ben Ioḥai follows the attributions of the Yerushalmi (pp. 167–168). Some Tannaïm state¹⁸³The problem is Ex. 21:9 which states that a man who takes an additional wife may not diminish שְׁאֵר, כְּסוּת, and עֹנָה of his first wife. The meaning of כְּסוּת “garment, covering” is clear but the meaning of the other two words is a matter of controversy. שְׁאֵר means “flesh” but, as the verses quoted in support of different meanings show, it means both “meat” and “relative, one’s flesh and blood.” Note also in Accadic šērum “flesh”, š’r (of a different etymology) “to go towards; to have sexual relations”. The root שאר II has no connection with the usual שאר “to remain, be a remainder” (Arabic سار.).
The problem with עֹנָה is that the verb ענה “to humiliate, inflict pain” in sexual context always means “to rape, to have forced intercourse” but in the verse here it has a positive meaning, the intercourse to which the wife is entitled. [Note that in Arabic, عنا means both “produce plants” (said of the earth) and “to be humiliated, captive” (from this العَوَانِي “Moslem women”).] From the positive meaning of עֹנָה in the verse comes the rabbinic-modern Hebrew עוֹנָה “season”, used in the midrash of R. Eliezer ben Jacob.: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;¹⁸⁴Lev. 18:6: “No person to the שְׁאֵר of his flesh should come close, to uncover nakedness.”” עוֹנָה is food: “He fed you and made you hunger¹⁸⁵Deut. 8:3, usually translated as: “He chastised you and made you hunger before He fed you with the manna that neither you nor your fathers knew.””. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust¹⁸⁶Ps. 78:27.”; עוֹנָה that is intercourse, “that you should not deprive my daughters,¹⁸⁷Gen. 31:50. “That you should not deprive my daughters nor take wives in addition to my daughters.” In Gen. rabba 74(12), this verse is explained that (a) Bilha and Silpa also were Laban’s daughters from slave women and (b) that Laban made Jacob swear that he would not deprive his daughters of intercourse during their lifetime nor take additional wives after their deaths.” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse¹⁸⁸He denies that there is a biblical command which fixes minimal amounts of sexual attention due wives. He explains Ex. 21:9 as exhortation rather than prescription, reading “her flesh, her garment, and her season he should not diminish”., “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food¹⁸⁹How can he establish an obligation of the husband to feed his wife?? Since he is not permitted to withhold from her things that are not necessities of life¹⁹⁰A new garment at least twice a year., not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage¹⁹⁰A new garment at least twice a year., so certainly he may not withhold the things which constitute the main reason for marriage!