Yevamot 45a — the Talmud in English

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to those subject to prohibitions in which

there is

a possibility of betrothal taking effect.

But here, in the case of a gentile and a slave, since betrothal does not take effect with them—

it is equivalent to those subject to karet.

And the offspring born from them is a mamzer.

It raises an objection from a beraita, as it is taught:

from a beraita, for it was taught:

A gentile and a slave who have intercourse with a Jewish woman—

the offspring is a mamzer.

Rabbi Shimon ben Yehuda says: There is no mamzer except from one whose prohibition is a prohibition of forbidden relations and who is liable for karet,

but these are not liable for karet!

And it is thereby proved that Rabbi Shimon ben Yehuda, who holds like Shimon the Yemenite that there is no mamzer except from those liable for karet, holds that there is no mamzer from a gentile and a slave who have intercourse with a Jewish woman, and not like Rabbi Yohanan!

Rather, said Rav Yosef: Who is the one concerning whom all agree?

Rabbi

is he!

For

even though

we find [below, 52b], concerning what we learned: “There is no intercourse after halitza.”

And this means that if there were two yevama widows, and the yavam performed halitza with one of them, and afterward had intercourse with the other, his intercourse with the second acquires nothing, and she does not require a bill of divorce from him—

Rabbi says: These matters—

that intercourse with the second does not require a bill of divorce—

are stated only according to Rabbi Akiva, who treated

the

woman who underwent halitza as a forbidden relation,

with whom betrothal does not take effect.

But as for him,

Rabbi himself,

he does not hold

like Rabbi Akiva; rather, she requires a bill of divorce from the yavam who had intercourse with her.

Even so,

in the case of a gentile and a slave,

with whom betrothal does not take effect,

he concedes

that the offspring is a mamzer, even though they are not those liable for karet.

For when Rav Dimi came, Rav Yitzhak bar Avudimi said in the name of our master

Rabbi:

A gentile and a slave who have intercourse with a Jewish woman—

the offspring is a mamzer.

Rabbi Aha, minister of the city, and Rabbi Tanhum, son of Rabbi Hiyya, of Kfar Akko, redeemed those captives,

they redeemed two female captives,

who came

who had come

from the palace to Tiberias.

There was one,

and one of the captives was

pregnant

who was pregnant

from a gentile. And they came

before Rav Ami,

to ask what was the status of the fetus.

Rav Ami said to them

Rav Ami:

Rabbi Yohanan, Rabbi Elazar, and Rabbi Hanina say: A gentile and a slave who have intercourse with a Jewish woman—

the offspring is a mamzer.

Rav

wondered

Rav Yosef

at this, because Rav Ami listed three who say that the offspring is a mamzer, and on the basis of these three he decided in accordance with them:

But is

there an advantage

is there significance

to counting people?

That is, is the fact that many hold this opinion a reason to decide the halakha accordingly?

For opposite these three, there are many others who hold that the offspring is not a mamzer:

Rav and Shmuel in Babylonia, and Rabbi Yehoshua ben Levi and Bar Kappara in the Land of Israel; and some say

and there are those who say

the substitutions

who substitute

Bar Kappara, and bring in

and bring in his place

the elders of the South, who say: A gentile and a slave who have intercourse with a Jewish woman—

the offspring is fit!

Rather, said Rav Yosef:

The halakha is not decided because of the importance of the many who say that the offspring is a mamzer, since, on the other hand, there are many who hold that he is not a mamzer.

Rather, what decides that the offspring is a mamzer is that the view of

Rabbi is!

And the halakha is like Rabbi. And we find that this was Rabbi’s opinion:

For when Rav Dimi came, Rav Yitzhak bar Avudimi said in the name of our master

Rabbi:

They said: A gentile and a slave who have intercourse with a Jewish woman—

the offspring is a mamzer.

Rabbi Yehoshua ben Levi says: The offspring is defective.

And we raised a question concerning the words of Rabbi Yehoshua ben Levi:

For whom,

for whom is the offspring defective?

If you say

that he is defective

with regard to the congregation?

But Rabbi Yehoshua

ben Levi [above] said:

The offspring is fit!

Rather,

he is defective

with regard to the priesthood.

For all the amoraim who deem fit

for the congregation the offspring born from a gentile who has intercourse with a Jewish woman—

concede that the offspring is blemished with regard to the priesthood, by a kal va-chomer from a widow:

Just as a widow to a High Priest, whose prohibition is not equal for everyone—

her son is blemished

with regard to the priesthood.

This one,

the woman who has been possessed by a gentile or a slave,

whose prohibition is equal for everyone—

is it not logically derived that her son is blemished?

Perhaps you can refute this:

What is the case with a widow to a High Priest? She herself becomes profaned

with regard to the priesthood!

Your answer is:

Here too,

in the case of a woman possessed by a gentile,

once she has been possessed

by him—

he disqualifies her

with regard to the priesthood, like a prostitute. And she cannot marry a priest, and she does not eat teruma.

For Rabbi Yohanan said in the name of Rabbi Shimon: From where is it derived concerning a gentile and a slave who have intercourse with a priest’s daughter, a Levite’s daughter, or an Israelite woman, that they disqualified her

with regard to the priesthood, like a prostitute?

As it is stated [A0122]Leviticus 22:

[Leviticus 22]:

“And a priest’s daughter, when she becomes

a widow or a divorcee,

and she has no offspring, and she returns to her father’s house.”

If she marries

one who has “widowhood and divorce” with regard to her,

since betrothal takes effect with her for him, she returns to her father’s house to eat teruma.

Excluded are a gentile and a slave, who do not have

“widowhood and divorce” with regard to her,

since betrothal does not take effect with her for them; therefore, if she is possessed by them, she does not return to her father’s house to eat teruma, because they disqualify her through themselves with regard to the priesthood.

Abaye said to him

to Rav Yosef:

What did you see that you relied upon Rav Dimi!?

What did you see that made you prefer relying upon Rav Dimi, who testified when he came from the Land of Israel to Babylonia, in the name of Rav Yitzhak bar Avudimi, who said in the name of Rabbi that the offspring is a mamzer?

Rely upon the words of

Rav

Ravin,

who said in the name of Rabbi that the offspring is permitted!

For when Ravin came

from the Land of Israel to Babylonia,

he said: Rabbi Natan and Rabbi Yehuda the Prince rule concerning it

[the offspring of a gentile who has intercourse with a Jewish woman]

to permit it.

And who

is

Rabbi Yehuda the Prince?—

Rabbi

is he!

And the Gemara adds:

And Rav too rules concerning it to permit it.

For there was a certain man who came before Rav,

a son of an Israelite woman who had conceived from a gentile came before Rav, and

said to him,

asked Rav:

A gentile and a slave who have intercourse with a Jewish woman—

what is

the status of the offspring?

He said to him

Rav:

The offspring is fit.

He said to him,

the questioner said to Rav: If so, since I am fit,

give me your daughter,

give me your daughter and I will marry her!

Rav said to him:

I will not give her to you.

I will not give you my daughter.

But once Rav had introduced the novel ruling that he is fit—

Shimi bar Hiyya said to Rav:

You, who permitted a novel matter, must substantiate your words and give him your daughter.

And he said this to him by way of a parable and aphorism:

People say

in exaggerated speech:

A camel in Media—

dances on a small measure.

A large camel, found in the kingdom of Media, is capable of dancing on all four of its legs even inside a small kav!

But here everything is present:

Here is the kav, here is the camel, and here is Media.

And

nevertheless the camel—

did not dance!

And this means: If he is indeed fit, as you have innovated, then you must substantiate your innovation—and why will you not give him your daughter as a wife!?

He said to him

Rav said to Shimi bar Hiyya:

Even if he were

even if this man were

like Joshua son of Nun—

I would not give my daughter to him.

I would not give him my daughter.

He said to him

Shimi bar Hiyya:

If he were like Joshua son of Nun,

then

if the master would not give her to him,

people

other

than him would

give her to him

their daughters.

But

this one,

the one who has come before you,

if the master will not give her to him

his daughter—

others will not give her to him!

For only you permit him, whereas others prohibit him!

He would not leave him

That man whom Rav had deemed fit refused to leave Rav.

He cast his eyes upon him,

Rav cast his eyes upon him because of his insolence,

and he died,

and he died.

And the Gemara adds:

And Rav Mattana too rules concerning it to permit it.

And Rav Yehuda too rules concerning it to permit it:

For when

one born to an Israelite woman who had conceived from a gentile

came before Rav Yehuda, he said to him

Rav Yehuda said to him:

Go, hide yourself,

go to another place and conceal your identity, because if they recognize you, they will not give you their daughter in marriage,

or marry

marry

the daughter of your kind,

who is a Jewish woman born from a gentile, with an Israelite mother.

And it is proved that Rav Yehuda holds that he is fit, for if he were a mamzer, Rav Yehuda would not have advised him to conceal his identity and marry a fit woman.

And when

one such

came before Rava, he said to him: Either go into exile, or marry the daughter of your kind,

who is fit like you. But he did not permit him to marry a mamzeret.

And it is also proved from Rava that he is fit.

The sons of Bei Miksei sent to Rabba: One who is half slave and half free, who has intercourse with a Jewish woman—

the offspring,

what is it?

He said to them

Rabba:

Now, if we say of one who is entirely a slave

who has intercourse with a Jewish woman

that we say

the offspring is

fit,

one who is half

a slave and half free—

is it necessary to ask,

and is it necessary to say that he is fit!?

Rav

wondered

Rav Yosef:

For

the master of this teaching, “the author of the statement,” upon whom you rely to permit it—

the author of the statement on which you rely to permit the child—