Babylonian Talmud: Tractate Yebamoth
Folio 98a
but that a [Rabbinical] prohibition is 'nevertheless involved!1 � The law, in fact, is that even a [Rabbinical] prohibition is not involved; only,
because it was desired to state in the final clause, 'but are guilty [of a punishable offence]', it was stated in the first clause also, 'they are
not guilty [of a punishable offence]'.
Raba stated: With reference to the Rabbinical statement that [legally] an Egyptian has no father,2 it must not be imagined that this is due to [the
Egyptians'] excessive indulgence in carnal gratification, owing to which it is not known [who the father was], but that if this were known3 it is to
be taken into consideration;4 but [the fact is] that even if this is known it is not taken into consideration. For, surely, in respect of twin
brothers, who originated in one drop that divided itself into two, it was nevertheless stated in the final clause,5 that they 'neither participate
in halizah nor perform levirate marriage'.6 Thus it may be inferred that the All Merciful declared their children to be legally fatherless,7 for
[so indeed it is also] written, Whose flesh is as the flesh of asses, and whose issue is like the issue of horses.8
Come and hear what R. Jose related: It once happened with the proselyte Niphates9 that he married the wife of his [deceased]10 maternal brother,11
and when the case was submitted to the Sages their verdict was that the law of matrimony does not apply to a proselyte. But then, should a proselyte
betroth a woman, would also the betrothal be invalid? � Say then rather: The prohibition of a brother's wife does not apply to a proselyte. Now does
not [this refer to the case] where his brother11 had married her while he was a proselyte!12 � No; where he married her while he was still an
idolater.13 But if [betrothal took place] while he was still an idolater, what [need is there] to state it?14 � It might have been assumed that [in
the case of a brother's betrothal] while he is still an idolater a preventive measure should be enacted lest [erroneous conclusions be drawn in the
case] where he is a proselyte, hence we were taught [that no such measure was enacted].
Come and hear what Ben Yasyan15 related: When I went to the coastal towns16 I came across a certain proselyte who had married the wife of his
maternal brother. 'Who, my son', I said to him, 'permitted you [this marriage]?' 'Behold', he replied. 'the woman and her seven children;17 on
this bench sat R. Akiba when he made two statements: "A proselyte may marry the wife of his maternal brother", and he also stated, "And the word of
the Lord came unto Jonah the second time, saying,18 only a second time did the Shechinah speak to him; a third time the Shechinah did not speak to
him."'19 At any rate, it was stated here that 'a proselyte may marry the wife of his maternal brother'. Does not [this refer to a case] where his
brother married her while he was a proselyte! � No; where he married her while he was still an idolater.20 What [need then was there] to state [such
an obvious law]? � It might have been assumed that [in the case of a brother's betrothal] while he is still an idolater a preventive measure should
be enacted lest [erroneous conclusions be drawn in the case] where he is a proselyte. hence we were taught [that no such measure was enacted].
Is he,21 however, believed? Surely R. Abba stated in the name of R. Huna in the name of Rab: Wherever a scholar gives directions22 on a point of law
and such a point comes up for a practical decision, he is obeyed if he made the statement23 before the event;24 but if it was not so made, he is not
obeyed!25 � If you wish I might say: The incident occurred after he made his statement. If you prefer, I might say: Because he stated, 'Behold the
woman and her seven children'.26 And if you prefer I might say: Here it is different27 because with it he related another incident.28
The Master said, 'And the word of the Lord came to Jonah a second time, saying,29 only a second time did the Shechinah speak unto him, a third time
the Shechinah did not speak to him'. But surely it is written in Scripture, He restored the border of Israel from the entrance of Hamath unto the sea
of the Arabah, according to the word of the Lord, which He spoke by the hand of His servant Jonah the son of Amittai, the prophet!30 � Rabina
replied: He31 referred to the affairs of Nineveh.
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