Commentary for Temurah 58:76

הא מני

Because his seed is attributed to him.<span class="x" onmousemove="('comment',' Since the harlot is an Israelitish woman, the children are his, i.e., Jewish.');">⁴⁹</span> Raba, however, says: In both cases<span class="x" onmousemove="('comment',' Whether the harlot be an Israelitish or heathen woman.');">⁵⁰</span> her hire is forbidden for the altar, and a priest who has intercourse with her is punishable [with lashes] for [having intercourse with] a zonah. What is the reason? We infer one from the other:<span class="x" onmousemove="('comment',' The case of a heathen harlot from the case of an Israelitish harlot and vice versa.');">⁵¹</span> Just as in the case of an Israelitish harlot there is a negative command,<span class="x" onmousemove="('comment',' 'Neither shall he profane etc.'');">⁵²</span> similarly there is a negative command in connection with a heathen harlot. And just as the hire of a heathen harlot is forbidden [for the altar], similarly the hire of an Israelitish harlot is also forbidden [for the altar]. An objection was raised: The hire of either a heathen harlot or an Israelitish harlot is forbidden [for the altar]. Shall we say that this refutes Abaye?<span class="x" onmousemove="('comment',' Who holds that the hire of an Israelitish harlot is permissible for the altar.');">⁵³</span> - Abaye can answer you: This<span class="x" onmousemove="('comment',' The Baraitha just quoted.');">⁵⁴</span> will represent the view of R'Akiba who holds that betrothal takes no effect in relationships involving the infringement of a negative command.<span class="x" onmousemove="('comment',' And since there is the negative command: 'Neither shall he profane' in connection with an Israelitish harlot, her hire is forbidden.');">⁵⁵</span> [But<span class="x" onmousemove="('comment',' The bracketed passage is inserted passage is inserted with Bah.');">⁵⁶</span> does not the Baraitha say in a later clause, as e.g. , a widow for a High Priest and a divorcee or one who has performed halizah for a common priest, her hire is forbidden? ]<span class="x" onmousemove="('comment',' And these examples are presumably adduced as instances where the betrothal takes effect and yet the hire is forbidden though the relationships involve no infringement of a negative command!');">⁵⁷</span> This is what [the Baraitha] informs us, that [in the case of any harlot with whom betrothal takes no effect] as is the case with a widow [for a High Priest], the hire is forbidden.<span class="x" onmousemove="('comment',' The text in the Gemara is in disorder. V. Commentaries.');">⁵⁸</span> And according to Raba, why does [the Baraitha] say: 'As e.g. , the case of a widow for a High Priest'?<span class="x" onmousemove="('comment',' Since according to him every harlot's hire is forbidden. Why therefore specifically mention the case of a widow for a High Priest?');">⁵⁹</span> - [The Baraitha means:] It is like the case of a widow [for a High Priest]: Just as a widow for a High Priest is not punishable with lashes until she is warned, similarly with a harlot there is no prohibition until he said to her: 'Here is [the hire]',<span class="x" onmousemove="('comment',' According to Raba, however, the first intercourse does not make her into a zonah, and consequently unless he tells her 'this is your hire', what he gives her is considered a mere gift.');">⁶⁰</span> thus excluding the teaching of R'Eleazar. For R'Eleazar said: If an unmarried man had intercourse with an unmarried woman without the intention thereby of making her his wife, he makes her a harlot. Where, however, she is already a harlot, even if he gave her a lamb [without giving the reason, Raba also agrees that] it is forbidden for the altar. Another version: [The Baraitha] above refers to forbidden relations, where betrothals take no effect.<span class="x" onmousemove="('comment',' And therefore even the hire of an Israelitish harlot is forbidden.');">⁶¹</span> But does not the latter clause say: As e.g. , a widow for a High Priest, a divorcee or one who has performed halizah for a common priest, her hire is forbidden? Now in these cases betrothals take effect!<span class="x" onmousemove="('comment',' And yet the hire is forbidden.');">⁶²</span> - [The Baraitha] will represent the opinion of

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