Keritot 28

Chapter 28

א והא לית ליה לרבי מאיר איסור חל על איסור נהי דאיסור חל על איסור לית ליה איסור מוסיף ואיסור כולל אית ליה

1 <big>GEMARA: </big>But does not R'Meir hold, a prohibition cannot take hold of something already forbidden?<span class="x" onmousemove="('comment',' V. supra 14a. I.e., the latter five prohibitions should not become operative and only one sacrifice should be offered. Although the Mishnah is anonymous, it is, according to a general rule, assumed that R. Meir's view is represented therein.');">1 - Although he generally holds that a prohibition cannot take hold where another prohibition exists, he admits that a prohibition which is more comprehensive or more extensive can take hold [of an already existing prohibition].2

ב כגון שבא על אמו והוליד בת דאיסור בתו ואחותו בהדי הדדי אתי נשאת לאחיו מיגו דאיתוסף איסור לגבי אחין איתוסף איסורא לגבי דידיה

2 [Our instance is then to be understood thus:] He had intercourse with his mother who bore him a daughter, so that the latter becomes prohibited to him simultaneously as his daughter and his sister. When she marries his brother, since she becomes prohibited also to his other brothers,3

ג נשאת לאחי אביו מיגו דאיתוסף איסורא לגבי שאר אחי אביו איתוסף לגבי דידיה ה"ל אשת איש מיגו דאיתוסף איסור לגבי עלמא איתוסף נמי לגבי דידיה ה"ל נדה מיגו דאיתוסף איסור לגבי בעלה איתוסף נמי לגבי דידיה:

3 this comprehensive prohibition becomes operative also with reference to himself. When she then4 marries his father's brother, since she becomes prohibited to the other brothers of his father, this comprehensive prohibition becomes operative also with reference to himself.

ד <big>מתני׳</big> הבא על בת בתו חייב עליה משום בת בתו וכלתו ואשת אחיו ואשת אחי אביו ואחות אשתו ואשת איש ונדה ר' יוסי אומר אם עבר זקן ונשאה חייב עליה משום אשת אב

4 In her capacity now as a married woman, since she becomes prohibited to the whole world, this comprehensive prohibition becomes operative also with regard to himself. Finally as a menstruant woman, since she becomes forbidden even to her own husband, this comprehensive prohibition become operative also with reference to himself. <big>MISHNAH: </big>IF ONE HAD INTERCOURSE WITH HIS DAUGHTER'S DAUGHTER HE MAY THEREBY BECOME GUILTY FOR OFFENDING WITH HIS DAUGHTER'S DAUGHTER, HIS DAUGH TER-IN-LAW, HIS BROTHER'S WIFE, THE WIFE OF HIS FATHER'S BROTHER, HIS WIFE'S SISTER, A MARRIED WOMAN, AND FINALLY A MENSTRUANT WOMAN.<span class="x" onmousemove="('comment',' The inter-relationships between the man and his grand-daughter were manifold so that seven prohibitions were simultaneously broken in one act, viz., the grand-daughter, now a married woman, had previously wedded one of his sons and after his death the offender's brother and later, after the latter's death, the brother of the offender's father. The offender was at the same time married to his grand-daughter's half-sister, i.e., another daughter of his granddaughter's husband from another wife. The grand-daughter was, in addition, menstruant at the time of contact.');">5

ה וכן הבא על בת אשתו ועל בת בתה:

5 R'JOSE REMARKED: IF THE GRANDFATHER HAD COMMITTED TRANSGRESSION AND MARRIED HER FIRST, HE MAY THEREBY BECOME GUILTY FOR OFFENDING WITH HIS FATHER'S WIFE.

ו <big>גמ׳</big> קתני חייב עליה משום אשת אב מי שריא ליה א"ר יוחנן כגון שנפלה לו ליבום

6 SO TOO, IF ONE HAD CONNECTION WITH HIS WIFE'S DAUGHTER OR HER DAUGHTER'S DAUGHTER'<big>GEMARA:</big> It is stated: HE MAY THEREBY BECOME GUILTY FOR OFFENDING WITH HIS FATHER'S WIFE. Was she then permitted to him?6 - Replied R'Johanan: The case is met if she fell unto him in levirite marriage.<span class="x" onmousemove="('comment',' When the offender's uncle died, he left no children behind, so that his father was permitted and even obliged to marry her according to the law of levirate marriage, Deut. XXV, 5f.');">7 If so, what means: HAD COMMITTED TRANSGRESSION? - He committed transgression In that she was his son's daughter-in-law, which is a forbidden relation in the second degree,8

ז א"ה מאי עבר א"ר יעקב שעבר משום כלת בנו שניה

7 as has been taught:9 A daughter-in-law is an incestuous relation [by law of the Torah], the daughter-in-law of a son is forbidden [as a relation] in the second degree. The same distinction is made between the daughter of a son and the daughter of a son's son etc. to the end of all generations.<span class="x" onmousemove="('comment',' I.e., ad infinitum. The daughter of any of his male descendants that stands at the end of a chain of male offsprings is forbidden to him by rabbinical enactment.');">10

ח כדתני' כלתו ערוה כלת בנו שניה וכן אתה מוצא בבת בנו ובבת בן בנו עד סוף כל הדורות

8 But does R'Jose indeed hold that a prohibition can take hold of something already forbidden, have we not learnt:11 If one has committed a sin which involves two death penalties,12

ט ומי אית ליה לר' יוסי איסור חל על איסור והא תנן עבר עבירה שיש בה שתי מיתות נידון בחמורה רבי יוסי אומר נידון בזיקה ראשונה שבאה עליו

9 he is condemned to the more stringent [of the two forms of execution]. R'Jose, however, maintains he is sentenced for the sin that took hold first. And it was taught: How is R'Jose's ruling, that he is sentenced for the sin that took hold first, t understood? If, e.g. , she was forbidden to him first as his mother-in-law and then as a married woman,<span class="x" onmousemove="('comment',' E.g.,if she was a widow or divorced at the time he married her daughter and then married again. The sentence in the case of a married woman is death by strangulation and in that of a mother-in-law death by burning. We learn herefrom, at any rate, that R. Jose holds a new prohibition cannot take hold where another exists.');">13

י ותניא כיצד א"ר יוסי נידון בזיקה ראשונה חמותו ונעשת אשת איש נידון משום חמותו

10 he is sentenced for intercourse with a mother-in-law; if she was forbidden to him first as a married woman and then as a mother-in-law, he is sentenced for connection with a married woman! - Answered R'Abbahu: R'Jose admits [an exception to the rule] when the new prohibition is more comprehensive.<span class="x" onmousemove="('comment',' V. p. 104, nn. 6 and 7. If the new prohibition is more comprehensive it supersedes the first one. The reason why R. Jose, in the quoted Mishnah, nevertheless holds that only the prohibition which is first established is of avail, (although in the first of the examples the second prohibition, viz.,the one concerning a married woman, which applied to all men, is more comprehensive than the first) is because the penalty of the first transgression is more stringent than that of the second (Rashi) .');">14 Also when Rabin came15 he said in the name of R'Johanan: R'Jose admitted when the new prohibition was more comprehensive.

יא אשת איש ונעשת חמותו נידון משום אשת איש

יב א"ר אבהו מודה רבי יוסי באיסור מוסיף וכן כי אתא רבין א"ר יוחנן מודה ר' יוסי באיסור מוסיף

12 But in which respect is it more comprehensive here?<span class="x" onmousemove="('comment',' I.e., the case mentioned by R. Jose in our Mishnah, and with reference to the prohibition concerning the father's wife. This prohibition does not add to those already in existence.');">16 - When the grandfather had another son;17 as the new prohibition comprises also the other son, it becomes operative with regard to [the offender] himself. <big>MISHNAH: </big>IF ONE HAD INTERCOURSE WITH HIS MOTHER-IN-LAW HE MAY THEREBY BECOME GUILTY FOR OFFENDING WITH HIS MOTHER-IN-LAW, HIS DAUGHTER-IN-LAW, HIS BROTHER'S WIFE, THE WIFE OF HIS FATHER'S BROTHER, HIS WIFE'S SISTER, A MARRIED WOMAN, AND FINALLY A MENSTRUANT WOMAN.<span class="x" onmousemove="('comment',' This case is met by the following inter-relations between the transgressor and his mother-in-law: The mother-in-law, now a married woman, had previously married his son and after the latter's death his brother, and then his father's brother. The offender himself had also been married to his mother-in-law's sister. If the mother-in-law was menstruant at the time of the union, we find that in one act he transgressed the seven prohibitions enumerated in the MISHNAH:');">18

יג מאי איסור מוסיף איכא הכא דאיכא ברא לסבא מיגו דאיתוסף איסורא לגבי בריה איתוסף איסורא לגבי דידיה:

13 AND SO TOO, IF ONE HAD INTERCOURSE WITH THE MOTHER OF HIS FATHER-IN-LAW OR OF HIS MOTHER-IN-LAW. R'JOHANAN B. NURI REMARKED: IF ONE HAD INTERCOURSE WITH HIS MOTHER-IN-LAW HE MAY THEREBY BECOME GUILTY FOR OFFENDING WITH HIS MOTHER-IN-LAW, THE MOTHER OF HIS MOTHER-IN-LAW, AND THE MOTHER OF HIS FATHER-IN-LAW.<span class="x" onmousemove="('comment',' Viz., if in addition to the above inter-relations he had also been married to her daughter's daughter and her son's daughter, so that she was also his mother-in-law's mother and his father-in-law's mother.');">19

יד <big>מתני׳</big> הבא על חמותו חייב עליה משום חמותו וכלתו ואשת אחיו ואשת אחי אביו ואחות אשתו ואשת איש ונדה וכן הבא על אם חמיו ועל אם חמותו

14 THEY SAID TO HIM: ALL THESE THREE ARE OF ONE DENOMINATION.<span class="x" onmousemove="('comment',' I.e., they are of the same class and intimated in the text (Lev. XVIII, 17) in one single prohibition, so that no separate offering is to be brought for each offence.');">20 <big>GEMARA: </big>Said R'Eleazar in the name of R'Hoshaia: R'Johanan B'Nuri and Symmachus adhere to the same rule.21

טו רבי יוחנן בן נורי אומר הבא על חמותו חייב עליה משום חמותו ואם חמותו ואם חמיו אמרו לו שלשתן שם אחד הן:

15 R'Johanan B'Nuri as stated above.22 As to Symmachus, we have learnt:23

טז <big>גמ׳</big> א"ר אלעזר א"ר הושעיא ר' יוחנן בן נורי וסומכוס אמרו דבר אחד ר' יוחנן בן נורי הא דאמרן סומכוס מאי היא דתנן

Previous Chapter Next Chapter