Talmud Bavli
Talmud Bavli

Related%20passage for Yevamot 73:18

רבא סבר לה כרב דאמר הלכה כר' אלעזר ומוקי לה לדרבי אליעזר בן יעקב אליבא דהלכתא כי היכי דלא תקשי

And [in connection with this] Rab Judah stated in the name of Rab, 'The <i>halachah</i> is in accordance with the ruling of R. Eleazar, but when I stated this in the presence of Samuel<span class="x" onmousemove="('comment',' After Rab's death, where Rab Judah joined Samuel's academy for a short period. ');"><sup>44</sup></span> he said to me, "Hillel taught that the following ten different genealogical classes went up from Babylon:<span class="x" onmousemove="('comment',' To Judaea, in the days of Ezra. ');"><sup>45</sup></span> priests, Levites, Israelites, profaned priests,<span class="x" onmousemove="('comment',' Priests born from a forbidden union (cf. Lev. XXI, 7). ');"><sup>46</sup></span> proselytes, emancipated slaves, bastards, nethinim,<span class="x" onmousemove="('comment',' [H], plur. of nathin, v. Glos. ');"><sup>47</sup></span> shetkuki<span class="x" onmousemove="('comment',' [H] (rt. [H] 'to be silent'), he who knows his mother but does not know who was his father (v. Kid. 6); who 'keeps silent' about his origin. ');"><sup>41</sup></span> and asufi,<span class="x" onmousemove="('comment',' [H] (rt. [H] 'to gather') a child picked up in the street, and whose fatherhood and motherhood are unknown (v. Kid. l.c.); 'a foundling'. ');"><sup>42</sup></span> and all these may inter marry",<span class="x" onmousemove="('comment',' I.e., each class may intermarry with at least one other class. ');"><sup>48</sup></span> and you state that the <i>halachah</i> is in accordance with the ruling of R. Eleazar'!<span class="x" onmousemove="('comment',' Kid. 75a. How, in view of Hillel's ruling (v. supra n. 1), could the halachah be said to be in agreement with the view of R. Eleazar according to whom certain classes, not being of confirmed illegitimacy, could never intermarry! ');"><sup>49</sup></span> Now Abaye upholds the opinion of Samuel who stated that the <i>halachah</i> is in agreement with the ruling of Hillel and consequently brings the ruling of R. Eliezer b. Jacob into harmony with the <i>halachah</i> so that there may be no contradiction between the one <i>halachah</i> and the other.<span class="x" onmousemove="('comment',' The halachah is always determined by the teachings of R. Eliezer h. Jacob whose information was well sifted and authoritative. (V. Git. 67a). ');"><sup>50</sup></span> Raba, on the other hand, upholds the opinion of Rab who stated that the <i>halachah</i> is in agreement with the ruling of R. Eleazar, and so he brings the ruling of R. Eliezer b. Jacob into harmony with the <i>halachah</i> in order that there may be no contradiction

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