וְ֠אִישׁ אֲשֶׁר־יִשְׁכַּ֨ב אֶת־אִשָּׁ֜ה דָּוָ֗ה וְגִלָּ֤ה אֶת־עֶרְוָתָהּ֙ אֶת־מְקֹרָ֣הּ הֶֽעֱרָ֔ה וְהִ֕יא גִּלְּתָ֖ה אֶת־מְק֣וֹר דָּמֶ֑יהָ וְנִכְרְת֥וּ שְׁנֵיהֶ֖ם מִקֶּ֥רֶב עַמָּֽם׃
At ang lalaking sisiping sa isang babaeng may regla at maglalantad ng kanyang kahubaran, inilantad niya ang kanyang bukal, at inilantad naman ng babae ang bukal ng kanyang dugo; silang dalawa ay ihihiwalay mula sa gitna ng kanilang bayan.
Jerusalem Talmud Makkot
MISHNAH: The following are flogged1As a matter of principle, all transgressions of biblical prohibitions are punishable by flogging unless specifically exempted. The rules are spelled out by Maimonides in his Commentary to this Mishnah. It is under stood that a sentence of flogging can be passed only after a trial based on the testimony of two witnesses both to the fact of the crime and the necessary warning given to the perpetrator.
A crime punishable by the death penalty can never lead to a sentence of flogging, even if the death penalty cannot be imposed because of a material or technical obstacle. Crimes punishable by extirpation or Death by the Hand of Heaven are subject to flogging, since in this case the earthly punishment guarantees the sinner his part in the World to Come (Mishnah 17).
A crime punishable by a fine cannot lead to punishment by flogging. Crimes done by speech without accompanying action are not punishable by flogging, except swearing falsely, substituting sacrifices (Lev. 27:10), and cursing using the Name which is a potential capital crime.
A crime connected to a positive commandment cannot lead to punishment by flogging as long as the positive commandment still can be executed (Mishnah 4).
The infraction of a positive commandment cannot be punished. For example, the High Priest is commanded to marry a virgin. He is prohibited of marrying a widow, divorcee, or desecrated woman (Lev. 21:13–14). If he marries a woman who is not forbidden but not a virgin, he cannot be punished.
A prohibition understood by inference, not written explicitly, cannot be punished.: He who copulates with his sister2Lev. 20:17. The list starts with sexual transgressions punishable by Heaven., or his father’s sister, or his mother’s sister3Lev. 20:19., or his wife’s sister4Lev. 18:18. This is a simple prohibition., or his brother’s wife5Lev. 20:21., or his father’s brother’s wife6Lev. 20:20., or a menstruating woman7Lev. 20:18.. A widow for the High Priest8Lev. 21:14, a simple prohibition., or a divorcee9Lev. 21:7. The clause about halîṣah, the freeing of the widow of a childless man from levirate marriage, is in dispute; the majority holds that the prohibition of the widow after halîsah is rabbinic. or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories10If the High Priest marries a widow who had been a divorcee.. For a divorcee having received ḥalîṣah one is only liable for one category11Since halîṣah is forbidden only as a kind of divorce..
A crime punishable by the death penalty can never lead to a sentence of flogging, even if the death penalty cannot be imposed because of a material or technical obstacle. Crimes punishable by extirpation or Death by the Hand of Heaven are subject to flogging, since in this case the earthly punishment guarantees the sinner his part in the World to Come (Mishnah 17).
A crime punishable by a fine cannot lead to punishment by flogging. Crimes done by speech without accompanying action are not punishable by flogging, except swearing falsely, substituting sacrifices (Lev. 27:10), and cursing using the Name which is a potential capital crime.
A crime connected to a positive commandment cannot lead to punishment by flogging as long as the positive commandment still can be executed (Mishnah 4).
The infraction of a positive commandment cannot be punished. For example, the High Priest is commanded to marry a virgin. He is prohibited of marrying a widow, divorcee, or desecrated woman (Lev. 21:13–14). If he marries a woman who is not forbidden but not a virgin, he cannot be punished.
A prohibition understood by inference, not written explicitly, cannot be punished.: He who copulates with his sister2Lev. 20:17. The list starts with sexual transgressions punishable by Heaven., or his father’s sister, or his mother’s sister3Lev. 20:19., or his wife’s sister4Lev. 18:18. This is a simple prohibition., or his brother’s wife5Lev. 20:21., or his father’s brother’s wife6Lev. 20:20., or a menstruating woman7Lev. 20:18.. A widow for the High Priest8Lev. 21:14, a simple prohibition., or a divorcee9Lev. 21:7. The clause about halîṣah, the freeing of the widow of a childless man from levirate marriage, is in dispute; the majority holds that the prohibition of the widow after halîsah is rabbinic. or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories10If the High Priest marries a widow who had been a divorcee.. For a divorcee having received ḥalîṣah one is only liable for one category11Since halîṣah is forbidden only as a kind of divorce..
Jerusalem Talmud Shabbat
From where these things? He did one, and did these, and did of these. He did one, to obligate for each one separately; and did these, to obligate for all of them together26Lev. 4:2 reads: If a person should sin inadvertently against any of the prohibitions of the Eternal and did one of these. The complicated structure of this verse is analyzed in detail in Sifra Ḥova (Wayyiqra II) Parshata 1, Pereq 1. The analysis of the Yerushalmi is attributed in the Babli 103b to R. Yose ben Ḥanina, mentioned at the end of the preceding Paragraph. Echoes of the discussion in Sifra are in the Babli 70a.
The questions raised about the verse are twofold. If it had simply said and did one, we would have inferred that every single infraction needs a separate sacrifice. If it had said and did these, all infractions committed in one state of inadvertence would be covered by one sacrifice. The mention of one in parallel with these creates a seeming contradiction. In addition, in each case the prefix מ “of” in standard rabbinic interpretation is read as “not all”. Then what does it mean that a single prohibition is partially violated?. Of these, to obligate for derivatives27The last question is easily answered for the Sabbath. Later in the Chapter the forbidden actions on the Sabbath are described by 39 categories. The particular actions labelling the categories are called אַב מְלָאכָה “primary actions”; any other action subsumed under the same category is a תּוֹלְדָה “derivative”. All actions subsumed under the same category are considered identical in some abstract sense even if they actually are very different; e. g. plucking feathers from a bird is forbidden as a derivative of shearing. Any one of the actions subsumed under one category triggers the liability for a sacrifice; it is not necessary that all actions carrying the same label be acted on. On the other hand, most actions trigger liability only if a certain minimum of work was done, as will be detailed in the following Chapters; an action which is too insignificant remains forbidden but does not trigger liability for a sacrifice.. Or should we say that the verse refers to idolatry? Rebbi Zakkai stated before Rebbi Joḥanan: if one sacrificed, and burned incense, and poured a libation in one forgetting he is liable for each one separately. Rebbi Joḥanan said, Babylonian! You crossed by hand three rivers and were broken28The expression is difficult to understand since one does not cross rivers (in this case Tigris, Euphrates, and Jordan) by hand but by boat. Since the expression is confirmed later in the Chapter and in Nazir 6:1, it cannot be emended. It seems that Rav (not Rebbi) Zakkai swam crossing the rivers on his way to Palestine.; he is liable only once29Sanhedrin Chapter 7:11 Note 256. Worshipping strange deities in the way prescribed for Jewish worship in all its forms is one and the same offense. But worshipping strange deities in their own characteristic ways is a separate offense for each deity.. Before it was broken in his hand there was one but no these; after it was broken in his hand there was these but no one30Since the question was raised whether Lev. 4:2 could be interpreted to refer only to idolatry the answer seems to be in the negative, since for R. Zakkai there are only single offenses (one) and no general category (these) whereas for R. Joḥanan the situation is the inverse, in contrast to the Sabbath when liability for a sacrifice can be triggered either by a single action (one) or by a multiplicity of different actions all falling under the same category (these).. But it could be idolatry worshipped by the rules of worship of Heaven as by prostration. In its own worship to obligate for each one separately. By the rules of worship of Heaven to obligate one for all of them31Since in the Second Commandment prostration is mentioned before worship of strange deities it clearly is a separate offense. Cf. Sanhedrin 7:11 Notes 252 ff.. Like prostration to obligate for partial action32It is punishable even if not executed in the full manner prescribed for the Temple, lying down flat with outstretched arms and legs.. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac. It is written33Lev. 4:3., if the anointed priest should sin to damage the people … he has to bring a bull. This excludes idolatry for which he does not bring a bull but only a she-goat34Horaiot Mishnah 2:8.. They objected, are there not fat and sexual taboos for which the Anointed brings a bull? We come only to state things that have derivatives. Fat has no derivatives35Fat is forbidden if it is from an animal whose kind is acceptable as a sacrifice and which is of the kind exactly prescribed in Lev. to be burned on the altar. There are no extensions or derivatives.. For sexual taboos He made one who touched equal to one who had full intercourse36Forbidden sexual relations are exactly those described in Lev. 18. In addition in Lev. 20:18 the sex act is defined at touching of sexual organs; the only actions triggering the liability for a sacrifice are explicitly spelled out in the verses; there are no categories nor derivatives. Cf. Sanhedrin 7:5 (Notes 72–85).. The colleagues say, a Sabbath it is for the Eternal, to obligate for each single Sabbath37Lev. 23:3. Since the attempt to derive the rules of the Mishnah from Lev. 4:2 ran into difficulties, they propose a direct interpretation of verses referring to the Sabbath only.. Rebbi Ila said, it is written38Ex. 35:2. The Sabbath is mentioned in the singular.: Anybody doing work on it shall by put to death, not one who does on it and another. You are saying, the Sabbaths do not combine. Do they separate39That Sabbaths do not combine means that if somebody did less than a punishable amount of work on one Sabbath and again less than a punishable amount the next Sabbath they do not add up to the liability for a sacrifice even if the actions were committed in the same period of oblivion of the rules of the Sabbath. In this the rules of the Sabbath parallel the rules of forbidden fat. Eating forbidden fat triggers the liability for a sacrifice only if a minimum was eaten within the time of a meal (defined as time needed to eat half a loaf of bread, Horaiot 3:3 Note 66). Less than minimum amounts eaten at different times do not trigger liability. On the other hand, once liability was triggered within one period of oblivion, it automatically covers all other offenses of the same kind during the same period of oblivion. The question is now asked whether if an inadvertent desecration of the Sabbath triggered the obligation of a sacrifice and the perpetrator did not become aware of his offense before committing the same also on another Sabbath, he is liable for only one or for several sacrifices?? Rebbi Yose ben Rebbi Abun40Since the father is known in the Babli as Rabin, the reading of G, בין, seems better than the reading everywhere in the Leiden ms., בון. said, just as they do not combine they do not separate.
The questions raised about the verse are twofold. If it had simply said and did one, we would have inferred that every single infraction needs a separate sacrifice. If it had said and did these, all infractions committed in one state of inadvertence would be covered by one sacrifice. The mention of one in parallel with these creates a seeming contradiction. In addition, in each case the prefix מ “of” in standard rabbinic interpretation is read as “not all”. Then what does it mean that a single prohibition is partially violated?. Of these, to obligate for derivatives27The last question is easily answered for the Sabbath. Later in the Chapter the forbidden actions on the Sabbath are described by 39 categories. The particular actions labelling the categories are called אַב מְלָאכָה “primary actions”; any other action subsumed under the same category is a תּוֹלְדָה “derivative”. All actions subsumed under the same category are considered identical in some abstract sense even if they actually are very different; e. g. plucking feathers from a bird is forbidden as a derivative of shearing. Any one of the actions subsumed under one category triggers the liability for a sacrifice; it is not necessary that all actions carrying the same label be acted on. On the other hand, most actions trigger liability only if a certain minimum of work was done, as will be detailed in the following Chapters; an action which is too insignificant remains forbidden but does not trigger liability for a sacrifice.. Or should we say that the verse refers to idolatry? Rebbi Zakkai stated before Rebbi Joḥanan: if one sacrificed, and burned incense, and poured a libation in one forgetting he is liable for each one separately. Rebbi Joḥanan said, Babylonian! You crossed by hand three rivers and were broken28The expression is difficult to understand since one does not cross rivers (in this case Tigris, Euphrates, and Jordan) by hand but by boat. Since the expression is confirmed later in the Chapter and in Nazir 6:1, it cannot be emended. It seems that Rav (not Rebbi) Zakkai swam crossing the rivers on his way to Palestine.; he is liable only once29Sanhedrin Chapter 7:11 Note 256. Worshipping strange deities in the way prescribed for Jewish worship in all its forms is one and the same offense. But worshipping strange deities in their own characteristic ways is a separate offense for each deity.. Before it was broken in his hand there was one but no these; after it was broken in his hand there was these but no one30Since the question was raised whether Lev. 4:2 could be interpreted to refer only to idolatry the answer seems to be in the negative, since for R. Zakkai there are only single offenses (one) and no general category (these) whereas for R. Joḥanan the situation is the inverse, in contrast to the Sabbath when liability for a sacrifice can be triggered either by a single action (one) or by a multiplicity of different actions all falling under the same category (these).. But it could be idolatry worshipped by the rules of worship of Heaven as by prostration. In its own worship to obligate for each one separately. By the rules of worship of Heaven to obligate one for all of them31Since in the Second Commandment prostration is mentioned before worship of strange deities it clearly is a separate offense. Cf. Sanhedrin 7:11 Notes 252 ff.. Like prostration to obligate for partial action32It is punishable even if not executed in the full manner prescribed for the Temple, lying down flat with outstretched arms and legs.. Rebbi Abun bar Ḥiyya in the name of Rebbi Samuel bar Rav Isaac. It is written33Lev. 4:3., if the anointed priest should sin to damage the people … he has to bring a bull. This excludes idolatry for which he does not bring a bull but only a she-goat34Horaiot Mishnah 2:8.. They objected, are there not fat and sexual taboos for which the Anointed brings a bull? We come only to state things that have derivatives. Fat has no derivatives35Fat is forbidden if it is from an animal whose kind is acceptable as a sacrifice and which is of the kind exactly prescribed in Lev. to be burned on the altar. There are no extensions or derivatives.. For sexual taboos He made one who touched equal to one who had full intercourse36Forbidden sexual relations are exactly those described in Lev. 18. In addition in Lev. 20:18 the sex act is defined at touching of sexual organs; the only actions triggering the liability for a sacrifice are explicitly spelled out in the verses; there are no categories nor derivatives. Cf. Sanhedrin 7:5 (Notes 72–85).. The colleagues say, a Sabbath it is for the Eternal, to obligate for each single Sabbath37Lev. 23:3. Since the attempt to derive the rules of the Mishnah from Lev. 4:2 ran into difficulties, they propose a direct interpretation of verses referring to the Sabbath only.. Rebbi Ila said, it is written38Ex. 35:2. The Sabbath is mentioned in the singular.: Anybody doing work on it shall by put to death, not one who does on it and another. You are saying, the Sabbaths do not combine. Do they separate39That Sabbaths do not combine means that if somebody did less than a punishable amount of work on one Sabbath and again less than a punishable amount the next Sabbath they do not add up to the liability for a sacrifice even if the actions were committed in the same period of oblivion of the rules of the Sabbath. In this the rules of the Sabbath parallel the rules of forbidden fat. Eating forbidden fat triggers the liability for a sacrifice only if a minimum was eaten within the time of a meal (defined as time needed to eat half a loaf of bread, Horaiot 3:3 Note 66). Less than minimum amounts eaten at different times do not trigger liability. On the other hand, once liability was triggered within one period of oblivion, it automatically covers all other offenses of the same kind during the same period of oblivion. The question is now asked whether if an inadvertent desecration of the Sabbath triggered the obligation of a sacrifice and the perpetrator did not become aware of his offense before committing the same also on another Sabbath, he is liable for only one or for several sacrifices?? Rebbi Yose ben Rebbi Abun40Since the father is known in the Babli as Rabin, the reading of G, בין, seems better than the reading everywhere in the Leiden ms., בון. said, just as they do not combine they do not separate.
Jerusalem Talmud Yevamot
What is touching11In the Babli, 55b, the statement of Samuel is formulated more graphically, that touching the female genital by the male must necessarily make a small indentation which is the act of acquisition. The opinion of R. Joḥanan is quoted in rather confusing three ways.? Rav Jehudah in the name of Samuel: That the finger should be seen between the lips. Rebbi Joḥanan said, until the gland enters. Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: When the gland has entered that is completion of intercourse. What are we dealing with12The two statements of R. Joḥanan must refer to two different categories of laws.? If about incest prohibitions, He made the one who touches equal to him who finishes13In the list of punishments for sexual offenses, “touching” is mentioned as the offense in Lev. 20:18–19.. If for a bound slave girl14Lev. 19:20–22. The quasi adultery of a man with a slave girl which was somehow betrothed before she was manumitted is punishable only if there was ejaculation. {Tosaphot, Babli 55b, s. v. אינו, interprets the Babli as making the intercourse punishable in the moment an ejaculation leading to a pregnancy was possible even if none actually occured. It is impossible to read this into the text of the Yerushalmi.}, until he ejaculates, since Rebbi Jeremiah, Rebbi Abba bar Mamal, said in the name of Rav: “Flow of semen”, until he ejaculates. But we must deal with a widow for the High Priest. When he touched her, he became guilty for desecrating her. When the gland entered, he became guilty for having intercourse. When he ejaculated, he became guilty because “he shall not desecrate his semen in his people.15Lev. 21:15. Since the three sins are committed at three different times, he can be indicted and punished for three different crimes without any question of competition of laws. In the Babli, Qiddushin 78a, it is noted that the language of Lev. 21:14 implies that he can be punished for the second offense only if he actually had married the widow.”