Chapter XI

Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

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CHAPTER XI.

§ 1. A man may lawfully marry the near relatives of a woman whom he has violated or seduced, ¹ but he who has either violated or seduced the near relatives of his wife, has become guilty of incest. A man may marry a woman who had been violated or seduced by his father, or one who had been thus treated by his son. R. Jehudah prohibits a son to marry a woman who had been violated or seduced by his father.

§ 2. When the sons of a female proselyte have adopted the Jewish faith at the same time with their mother [and one of them dies without issue], his brother is not bound to Yeboom, nor to receive Chalitzah [from the widow of his deceased brother]. ² Even when the first was conceived before she participated in the holiness [of the Jewish community], but was born under the Holy covenant, and that the other brother was both conceived and born under the Holy covenant. The same regulation applies to a bondwoman whose children were manumitted along with her.

§ 3. When the sons of five women have become intermixed with each other [and each woman has another son, of whose identity she is certain], when these mixed sons have grown up, married, and died [without issue], then four of the surviving brothers shall cause the widow of one to perform Chalitzah to them, and the fifth brother may marry the widow; then shall he and three other brothers receive Chalitzah from another widow, whom another brother may marry by Yeboom [and in the same manner with the remainder], so that each of these widows must perform the ceremony of Chalitzah four times, and can then be married by Yeboom.

§ 4. When the son of a woman has become interchanged with that of her daughter-in-law [and each of them has another son, or sons, besides], which sons grew up, married, and died [without issue], then the other sons of the widowed daughter-in-law shall receive Chalitzah [from one widow] but may not marry her by Yeboom, because it is doubtful whether she was his brother's wife or that of

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his father's brother; but the sons of the grandmother may either marry her by Yeboom, or receive Chalitzah, because the doubt in this case is only whether she was wife of his brother, or of his brother's son; but if the sons whose descent is undoubted die, then those of doubtful descent who were interchanged, must have the ceremony of Chalitzah performed to them by the widow of the grandmother's son, but may not marry her by Yeboom, because it is doubtful whether she is the brother's wife or that of his father's brother, the widowed daughter-in-law need only perform the ceremony of Chalitzah to one of those who were interchanged, and may then marry the other by Yeboom.

§ 5. When the son of a woman married to a priest, was interchanged with that of her bondwoman, both [sons] may eat of the heave, but when both happen to present themselves at the same time at the threshing-floor, they shall receive but one share of the heave; they may not defile themselves with a dead body, and may not marry women who are either qualified or disqualified to be married to a priest. ³ But when they have attained their majority, and have mutually manumitted each other, they may marry the women only who are qualified to be married to the priesthood, and may not defile themselves with a dead body; but if they did so, the forty stripes are not to be inflicted on them. They may not eat heave, but if they did eat it, they need not pay back the principal [of the value they had eaten], and an additional fifth, nor has either of them a share [in the division of heave among the priests] at the threshing-floor, but they are allowed to sell their own heave, and keep the money themselves. ⁴ They have no share of the consecrated things of the Temple; ⁵ consecrated things are not given to them, ⁶ nor are these consecrated things exacted from them. They are, moreover, not bound to give the shoulder, the two cheeks, and maw of their own offering to the priests. Their first-born cattle must be left to pasture, till they contract a legal blemish, and with respect to their sacrifices, the most stringent regulations in force in respect to that ⁷ of priest and Israelites, are to be applied to them.

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§ 6. If a woman who did not wait three months [to re-marry] since the death of her husband [or since her divorce], should marry within that time, and has a son born unto her of whom it is doubtful whether he was a nine months’ child by the first husband, or a seven months’ child by the second; if she had other sons by the first and second husbands, then these sons must, in case of the decease [without issue] of their brother, to whose birth doubt attached, receive Chalitzah from his widow, but may not marry her by Yeboom; and he also may only receive Chalitzah from any of his brother's widows, but may not marry them by Yeboom; but if he had half-brothers, either of her first or second husband, who are not sons of his mother, he may in that case ⁸ either receive Chalitzah of his brother's widow, or may marry her by Yeboom. In respect to his brothers, one of them must [in case of his death without issue] receive Chalitzah from his widow, and then may another brother marry her by Yeboom.

§ 7. If one [of the two husbands of the said woman] is an Israelite, and the other a priest, the son may only marry a woman qualified to be married to the priesthood. He may not defile himself with a dead body; but if he did so, the punishment of forty stripes is not to be inflicted on him; neither may he eat of the heave; but if he did so, he is not bound to pay the value of the principal and an additional fifth part. He also shall not receive a share of the priestly oblation at the threshing-floor; he may sell his own heave, and keep the money for himself. He has no share in the consecrated things of the Temple, nor shall consecrated things be given to him; yet, those belonging to himself cannot be claimed, or exacted from him [by the priests]. He is also free from the payment of the two cheeks, the shoulder, and maw of his own sacrifice [to the priests]; and his firstborn cattle must be left to pasture till it contracts a legal blemish, and the most stringent regulations [regarding sacrifices] of priests and Israelites, are to be applied in respect to his sacrifices. If both [the husbands of his mother] were priests, he is bound [in case of death] to mourn for them, and they for him; he may not defile himself with their dead bodies, nor may they defile themselves with his; he is no heir to them, but they inherit his property. The punishment attached to the crime of striking, or cursing a father, cannot be inflicted on him. ⁹ He may serve in the priests' division of

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service at the Temple, of one and of the other, but he does not participate in the share of either, but if both belonged to one division [‏משמרה‎], he is entitled to one share.

Footnotes

222:1 Such as her mother, daughter, or sister, because as there was no lawful marriage there cannot be the guilt of incest incurred by connexion with her relatives.

222:2 Because their relationship dated from a time when the Mosaical law was not binding upon them.

223:3 Because those that are qualified may not be married to a slave, and those that are disqualified may not be married to a priest. All this applies only during the minority of these two sons.

223:4 They need not give it to any priest.

223:5 Such as the skins of the animals sacrificed, which were shared among the priests.

223:6 Such as the first-born of cattle, &c.

223:7 This applies more particularly to the meat-offering.

224:8 When there are no other brothers.

224:9 In case he transgressed with either father in that respect, when he has the p. 225 benefit of the doubt; but should he strike or curse both fathers at the same time, he is guilty, inasmuch as it is certain that his real father is one of the two.