Yevamot 45a (מה.) — the Talmud in English

These words apply

to those liable for prohibitions,

since

betrothal takes effect with regard to them.

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

it is comparable to those liable to karet.

And the offspring born to them is a mamzer.

The Gemara raises an objection

from a beraita, as it was taught:

A gentile or a slave who engaged in intercourse with a Jewish woman—

the offspring is a mamzer.

Rabbi Shimon ben Yehuda says: A mamzer is only one born from a woman whose prohibition is a prohibition of forbidden relations and whose transgression is punishable by karet, whereas

these are not punishable by karet!

This proves that Rabbi Shimon ben Yehuda, who agrees with Shimon HaTimni that a mamzer is produced only through relations with those liable to karet, holds that no mamzer is born from a gentile or a slave who engaged in intercourse with a Jewish woman, contrary to Rabbi Yoḥanan!

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

It is Rabbi

himself!

For

even though

we find [below, 52b], with regard to what we learned: “There is no intercourse after ḥalitza.”

That is, if there were two yevamot, and the yavam performed ḥalitza with one of them and afterward engaged in intercourse with the other, his intercourse with the second accomplishes nothing, and she does not require a bill of divorce from him—

Rabbi says: These words

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

are stated only according to Rabbi Akiva, who treated

the

woman who underwent ḥalitza as a woman forbidden by a prohibition of forbidden relations,

with whom betrothal does not take effect.

But as for him,

Rabbi himself,

he does not hold

like Rabbi Akiva; rather, she does require a bill of divorce from the yavam who engaged in intercourse with her.

Even so,

with regard to a gentile and a slave,

with whom betrothal does not take effect,

he agrees

that the offspring is a mamzer, despite the fact that they are not among those liable to karet.

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

Rabbi]:

A gentile or a slave who engaged in intercourse with a Jewish woman—

the offspring is a mamzer.

Rabbi Aḥa, the officer of the citadel, and Rabbi Tanḥum, son of Rabbi Ḥiyya, of Kefar Akko, redeemed those female captives,

they redeemed two captives,

who had come

from

the palace to Tiberias.

There was one,

one of the captives,

who was pregnant

with a fetus

conceived from a gentile. And they came

before Rav Ami,

to ask about the status of the fetus.

Rav Ami said to them

Rav Ami:

Rabbi Yoḥanan, Rabbi Elazar, and Rabbi Ḥanina say: A gentile or a slave who engaged in intercourse with a Jewish woman—

the offspring is a mamzer.

Rav Yosef

wondered

and said

Rav Yosef, questioning the fact that Rav Ami cited three sages who say that the offspring is a mamzer and decided the matter in accordance with their view:

And is there

any significance

to

counting the number of sages?

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

After all, 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 Eretz Yisrael; and some say

there are those who say

an exchange

who exchange

bar Kappara and substitute

and place in his stead

the Elders of the South, who say: A gentile or a slave who engaged in intercourse with a Jewish woman—

the offspring is fit!

Rather, Rav Yosef said:

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

Rather, what determines that the offspring is a mamzer is that this is the opinion of

Rabbi!

And the halakha is in accordance with Rabbi. And we find that this was Rabbi’s opinion:

For when Rav Dimi came, Rabbi Yitzḥak bar Avudimi said in the name of our master [

Rabbi]:

They said: A gentile or a slave who engaged in 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 statement 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, meaning that he is disqualified from marrying into the congregation—

But Rabbi Yehoshua

ben Levi said [above]:

The offspring is fit!

Rather,

he is defective

with regard to the priesthood.

For all the amoraim who deem fit

for marriage into the congregation an offspring born to a gentile who engaged in intercourse with a Jewish woman

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

Just as in the case of a widow to a High Priest, whose prohibition is not equally applicable to all,

her son is blemished

with regard to the priesthood.

This woman,

who engaged in intercourse with a gentile or a slave,

whose prohibition is equally applicable to all—

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!

The answer is:

Here too,

in the case of a woman who engaged in intercourse with a gentile,

once she engaged in intercourse

with him, he

disqualified her

from the priesthood, as the law of a zona. She may not marry a priest, and she may not eat teruma.

For Rabbi Yoḥanan said in the name of Rabbi Shimon: From where is it derived that a gentile or a slave who engaged in intercourse with a daughter of a priest, a Levite woman, or an Israelite woman disqualified her

from the priesthood, as the law of a zona?

As it is stated [

Leviticus 22]:

“And a daughter of a priest, if she becomes

a widow or a divorcee,

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

If she married

one with whom “widowhood and divorce” apply to her,

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

Excluded are a gentile and a slave, to whom

“widowhood and divorce” apply with regard to her,

since betrothal does not take effect with regard to her for them. Therefore, if she engages in intercourse with them, she does not return to her father’s house to eat teruma, because they disqualify her from the priesthood.

Abaye said to him

to Rav Yosef:

What did you see that made you rely on Rav Dimi!?

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

Rely instead on

the words of

Ravin,

who said in Rabbi’s name that the offspring is permitted!

For when Ravin came

from Eretz Yisrael to Babylonia,

he said: Rabbi Natan and Rabbi Yehuda HaNasi issue a ruling concerning it [

the offspring of a gentile who engaged in intercourse with a Jewish woman]

to permit it.

And who

is

Rabbi Yehuda HaNasi?—

Rabbi

himself!

And the Gemara adds:

And Rav too rules concerning it to permit it.

For there was a certain man who came before Rav,

a Jewish man whose mother had conceived him from a gentile came before Rav, and

said to him,

asked Rav:

A gentile or a slave who engaged in intercourse with a Jewish woman—

what

is his status?

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 Ḥiyya said to Rav:

You, who permitted a novel matter, must substantiate your words by giving him your daughter.

And he said this to him in the language of proverb and metaphor:

People say

in exaggerated fashion:

A camel in Media—

dances in a kav.

A large camel, found in the kingdom of Media, is capable of dancing on all four 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!

That is, if he is indeed fit, as you innovatively ruled, you must substantiate your novel ruling—and why not give him your daughter as a wife!?

He said to him

Rav said to Shimi bar Ḥiyya:

Even if he were

even if this man were

like Joshua son of Nun,

I would not give him my daughter.

I would not give him my daughter.

He said to him

Shimi bar Ḥiyya said to him:

If he were like Joshua son of Nun,

then

if the master would not give him

his daughter,

other people

would

give him

their daughters.

But

this one,

the man who came before you,

if the master would not give him

his daughter—

other people would not give him their daughters!

For you alone permit him, whereas others prohibit him!

He would not leave his presence.

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

Rav fixed his eyes upon him,

Rav cast his eyes upon him because of his insolence,

and he died

and passed away.

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

a man born to a Jewish woman who had conceived from a gentile came

before Rav Yehuda, he said to him

Rav Yehuda said to him:

Go, conceal yourself,

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

or marry

marry

a woman of your own kind,

a Jewish woman born to a gentile and a Jewish mother.

This proves that Rav Yehuda held that he was fit, because if he had been a mamzer, Rav Yehuda would not have advised him to conceal his identity and marry a fit woman.

And when

another such man came

before Rava, he said to him: Either reveal your identity, or marry a woman of your own kind,

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

This too proves, from Rava, that he is fit.

The members of Bei Mikhsei sent word to Rabba: A man who is half slave and half free who engaged in intercourse with a Jewish woman—

the offspring,

what is his status?

He said to them

Rabba said to them:

Now, if with regard to one who is entirely a slave

who engaged in intercourse with a Jewish woman

we say

that the offspring is

fit,

with regard to one who is half

a slave and half free—

is it necessary to ask

whether he is fit!?

Rav Yosef

wondered and

said:

After all,

the master of this teaching, the authority upon whose ruling you rely in order to permit—

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