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Posted here 2008-08-03.
Disclaimer: THE POSTING OF THESE TALMUD LAW TEXT QUOTES SHOULD IN NO WAY BE INFERRED TO IMPLY ENDORSEMENT OF SAID LAWS. The posting are purely intended for research and educational purposes.
TRANSLATED FROM THE
HEBREW WITH INTRODUCTION
AND BRIEF EXPLANATORY
HERBERT DANBY, D.D.
Residentiary Canon of St. George's
AT THE CLARENDON PRESS
THIRD DIVISION: NASHIM ('WOMEN')
SOTAH ('The Suspected Adulteress'), 8. I
8. I. When the Anointed for Battle speaks unto the people he speaks in the Holy Language, for it is written,I And it shall be when ye draw nigh unto the battle, that the priest shall approach (this is the priest anointed for the battle) and shall speak unto the people (in the Holy Language), and shall say unto them, Hear, O Israel, ye draw nigh unto battle this day against your enemies--and not against your brethren, not Judah against Simeon, and not Simeon against Benjamin, for if ye fall into their hands they will have mercy upon you, for it is written, And the men which have been expressed by name rose up and took the captives and with the spoil clothed all that were naked among them, and arrayed them and shod them and gave them to eat and to drink and anointed them and carried all the feeble of them upon asses and brought them to Jericho, the city of palm trees, unto their brethren: then they returned to Samaria.2 Against your enemies do ye go, therefore if ye fall into their hands they will not have mercy upon you. Let not your heart be faint, fear not nor tremble, neither be ye affrighted . . . Let not your heart be faint at the neighing of the horses and the flashing of the swords; fear not at the clashing of shields and the rushing of the tramping shoes; nor tremble at the sound of the trumpets, neither be ye affrighted at the sound of the shouting; for the Lord your God is he that goeth with you. They come in the strength of flesh and blood, but ye come in the strength of the Almighty. The Philistines came in the strength of Goliath.3 What was his end? In the end he fell by the sword and they fell with him. The children of Ammon came in the strength of Shobach.4 What was his end? In the end he fell by the sword and they fell with him. But not so are ye, for the Lord your God is he that goeth with you, to fight for you . . . This is the Camp of the Ark.
2 2 Chron. 28l5.
3 I Sam. 174.
4 2 Sam. 10l6.
SIXTH DIVISION: TOHOROTH ('CLEANNESSES')
NIDDAH ('The Menstruant'), 5. 3--5. 5
p. 750: [See p. 749 and p. 751 for context.]
5. 3. A girl one day oldI can become unclean by virtue of being a menstruant. A girl ten days old2 can become unclean by reason of a flux. A boy one day old can become unclean by reason of a flux, and he can become unclean from leprosy-signs, and he can become unclean from corpse-unclean-ness; he suffices to hold [his childless brother's widow] in the bonds of levirate marriage,3 and to exempt [his mother] from levirate marriage;4 he suffices to render [his mother] qualified to eat Heave-offering, or to render her unqualified to eat Heave-offering;5 and he can inherit property and bequeath it;6 he that kills him is culpable; and he counts as a full relative7 to his father and his mother and to all his kinsfolk.
5. 4. A girl three years old and one day may be betrothed by intercourse;8 her deceased childless husband's brother can acquire her9 by intercourse; and by connexion with her a man can be culpable by virtue of the law of a married woman;I0 and him that has connexion with her [while she is a menstruant] she renders unclean so that he conveys uncleanness to what is beneath him in like degree as [he that has a flux conveys uncleanness] to what lies above him;II if she is married to a priest she may eat of Heave-offering;I2 if one that is ineligibleI3 has connexion with her he renders her ineligible for marriage with a priest; if any of the forbidden degreesI4 prescribed in the Law had connexion with her they are put to death on her account, but she is not culpable. If she is younger than this, it is as one that puts a finger in the eye.
5. 5. If a boy nine years old and one day had connexion with his childless brother's widow, he has acquired her to wife, and he cannot give her a bill of divorce until he comes of age; he can contract uncleanness by [connexion with] a menstruant so that he conveys uncleanness to what is beneath him in like degrees as [he that has a flux conveys uncleanness] to what lies above him; he can render [a woman] unqualifiedI5 but he cannot render [a woman] qualifiedI6 to eat of Heave-offering; he can render cattle invalid for the Altar;I7 and a beast can be stonedI8 because of him; and if he has connexion with any of the forbidden degrees prescribed in the Law they are put to death on his account, but he is not culpable.
2 If she had passed her first seven days in the uncleanness of a menstruant, and then suffered flows on the next three consecutive days.
3 If he lived within the lifetime of his childless brother (cf. Yeb. 21).
4 If he was born after the death of the father, and then died, the mother is exempt from levirate marriage with her brother-in-law.
5 See p. 651, n. 5.
6 e.g. if his mother died he can inherit her goods, and if then he died his brothers by the same father (and another mother) inherit from him.
7 Lit. 'bridegroom' or 'son-in-law'. Cf. Ex. 425.
8 See Kidd. I1.
9 Consummate levirate marriage.
I0 Lev. I820.
II See above, 41. Cf. p. 604, n. 9.
I2 See Lev. 2210ff.
I3 See Kidd. 41.
I4 Lev. I86ff.
I5 If, not being eligible for marriage with priestly stock, he had connexion with a woman of priestly stock.
I6 If he was of priestly stock and consummated levirate marriage with one who was not. He cannot validly marry.
I7 By unnatural crime. See Zeb. 81.
I8 Lev. 2015.