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Week 53 - Friday - 1 December 2000

YEVAMOT: CHAPTER 6: MISHNAH 2

So, too, if a man has intercourse with one of the arayot in the Torah, or those who are disqualified, such as a widow to a High Priest, a divorced woman or a halutzah to a common priest, a mamzeret and a netinah to an Israelite, the daughter of an Israelite to a mamzer or to a natin - he has rendered her disqualified. And there is no distinction between intercourse and intercourse.

Kehati

Following on the halakhah taught in the preceding mishnah, that there is no distinction between the different manners of intercourse engaged in by the yavam and his yevamah, this mishnah teaches that there is likewise no distinction between intercourse and intercourse, in the case of forbidden unions. p> So, too, if a man has intercourse with one of the arayot in the Torah - In any manner listed in the preceding mishnah: whether in error or intentionally, under constraint or willingly; etc., or if a man has intercourse with one of those who are disqualified - i.e., anyone prohibited to him by Torah law, such as a widow to a High Priest - if a High Priest has intercourse with a widow, or a divorced woman or a halutzah to a common priest - if a common priest has intercourse with a divorcee or a halutzah, or a mamzeret and a netinah to an Israelite, or the daughter of an Israelite to a mamzer or to a natin - if a mamzer or a natin has intercourse with the daughter of an Israelite - he has rendered her disqualified from marrying a priest, because she is a halalah or a harlot (see Lev. 21:7, 14); and if she is the daughter of a priest, she is ineligible to eat terumah in her father's house. The "mamzeret and netinah," however, are prohibited to the priesthood by descent, and the mishnah mentioned them only to include them in the law of ha'ara’ah, the incomplete act of intercourse, in that if an Israelite has carnal contact with a mamzeret or a netinah, he is liable to lashes just as for the completed act. Other versions of this mishnah do not read "a mamzeret and a netinah to an Israelite." As explained above (2:4), the natin is descended from the Gibeonites who converted during the time of Joshua, and is called "natin" because of the verse, "And Joshua made them (va-yitnem from the root natan - gave) that day hewers of wood and drawers of water" (Josh. 9:27). Joshua, and later King David, enacted that it is prohibited to marry them. See 4:13, above, for an explanation of the term mamzer. And there is no distinction between intercourse and intercourse - as explained in the preceding mishnah.

YEVAMOT: CHAPTER 6: MISHNAH 3

A widow to a High Priest, a divorced woman or a halutzah to a common priest - after betrothal they may not eat terumah; Rabbi Eleazar and Rabbi Shimon declare eligible. If they were widowed or divorced - after marriage, they are ineligible, after betrothal they are eligible.

Kehati

A widow who was betrothed to a High Priest, or a divorced woman or – a halutzah who was betrothed to a common priest - after the betrothal - though they have not yet been wed, they may not eat terumah - of their father's house, if they are the daughters of a priest, because theirs was a sinful betrothal, and they are awaiting unlawful intercourse; Rabbi Eleazar and Rabbi Shimon declare them eligible - to eat terumah, since they become ineligible to eat of the terumah only after marriage, when unlawful intercourse render them halalot. The halakhah follows the First Tanna, and already after betrothal they may not eat terumah, "since they await intercourse forbidden by Torah law" (Rambam, Hil. Terumot 7:21).

If they were widowed or divorced - from these priests, if after marriage, they are ineligible - for they became halalot by their intercourse, after betrothal they are eligible - since they did not have intercourse and thus were not rendered halalot. This law is according to all opinions, since even the First Tanna declares ineligible after betrothal only when they are awaiting unlawful intercourse, but if they were widowed or divorced, and are not awaiting unlawful intercourse, all agree that they are eligible.

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