Shevuot 35

ואי בעם הארץ אידי ואידי אכל שני זיתי חלב בהעלם אחד הוא

And if an illiterate man,<span class="x" onmousemove="('comment',' Who acted unwittingly in both cases.');">¹</span> then both acts are the same as eating two portions of forbidden fat, each the size of an olive, in one spell of unawareness.<span class="x" onmousemove="('comment',' For which he brings only one sin offering. Here also, since he is illiterate, he is not aware, when she tells him she has become unclean, that he has committed a sin by cohabiting near the time of her period; or that it is prohibited to withdraw immediately. Since he has no knowledge of guilt between the two acts (entering and withdrawing) , he should bring only one sin offering.');">²</span> Well then, [shall we say,] it was not near the time of her period?

ואלא בשאין סמוך לוסתה ובמאן אילימא בתלמיד חכם ולא חדא לא מיחייב אכניסה אנוס אפרישה מזיד אי בעם הארץ חדא הוא דמיחייב אפרישה

And with whom? Shall we say, a learned man? Then he should not be liable to bring even one; for, in entering he was the victim of a pure accident,<span class="x" onmousemove="('comment',' He could not be aware that she would become unclean, since it was not near her period.');">³</span>

הדר אמר רבא לעולם בסמוך לוסתה ובתלמיד חכם ותלמיד חכם לזו ואין תלמיד חכם לזו

and in withdrawing he acted wilfully!<span class="x" onmousemove="('comment',' Being learned, and knowing that it is prohibited to withdraw immediately, he is liable to kareth.');">⁴</span> And if an illiterate man, he is liable to bring one, for withdrawing?<span class="x" onmousemove="('comment',' Thinking it is permitted to withdraw immediately, he acted unwittingly.');">⁵</span> Afterwards, Raba said: It really refers to the time near her period, and to a learned man; but a learned man for this,<span class="x" onmousemove="('comment',' Knowing that he ought not to cohabit near the time of her period, yet thinking he still had time before she became unclean; he therefore committed a sin unwittingly (not accidentally, as would be the case if he cohabited not near her period) , and brings a sin offering.');">⁶</span>

אמר רבא ותרוייהו תנינהו כניסה תנינא פרישה תנינא פרישה תנינא דקתני היה משמש עם הטהורה ואמרה לו נטמאתי ופירש מיד חייב

and not a learned man for that.<span class="x" onmousemove="('comment',' Not knowing that he must not withdraw immediately, he thus brings two, one for entering, and one for withdrawing. This is not the same as eating two portions of prohibited fat in one spell of unawareness (for which he brings only one sin offering) for, when she told him she had become unclean, he was immediately aware that he had committed a sin; for, being learned, he knew that he ought not to have cohabited with her near her period.');">⁷</span> Raba said: And both [these laws] we have learnt: Entering, we have learnt; and withdrawing, we have learnt.' Withdrawing, we have learnt' - for it states, IF ONE COHABITED WITH A CLEAN WOMAN, AND SHE SAID TO HIM: 'I HAVE BECOME UNCLEAN!', AND HE WITHDREW IMMEDIATELY, HE IS LIABLE.'

כניסה תנינא נמצא על שלו טמאין וחייבין בקרבן מאי לאו בסמוך לוסתה ואכניסה

Entering, we have learnt' [in another Mishnah] - If [blood is] found on his [rag after cohabitation], they are [both] unclean,<span class="x" onmousemove="('comment',' Seven days; Lev. XV, 19 and 24.');">⁸</span> and are liable for a sacrifice.<span class="x" onmousemove="('comment',' Sin offering for cohabiting while she is unclean. Nid. 14a.');">⁹</span> Now this surely refers [does it not? ] to the time near her period, and to [the act of] entering.<span class="x" onmousemove="('comment',' Hence we learn that for entering (near her period) he is liable for a sacrifice, if she becomes unclean.');">¹⁰</span>

א"ל רב אדא בר מתנא לרבא לעולם אימא לך בשלא סמוך לווסתה ואפרישה וכי תימא פרישה למה לי הא תנא ליה הא איצטריך לאשמועינן נמצא על שלה טמאים בספק ופטורין מן הקרבן ואיידי דבעי מיתנא נמצא על שלה תנא נמי נמצא על שלו

R'Adda B'Mattenah said to Raba: [No!] Really I can say to you, it refers to the time not near her period, and to withdrawing.<span class="x" onmousemove="('comment',' He brings the sacrifice for withdrawing immediately, when she tells him she is unclean; for entering he is not liable, because it was not near her period.');">¹¹</span> And should you ask, what need is there to state the law of withdrawing, since it has already been stated?<span class="x" onmousemove="('comment',' In our Mishnah, supra 14b.');">¹²</span> [I may reply,] because it is necessary to tell us: [blood is] found on her [rag after cohabitation],<span class="x" onmousemove="('comment',' Not immediately, but after a short interval; Nid. 14a.');">¹³</span>

אמר ליה רבינא לרב אדא מי מצית לאוקמה לההיא בשלא סמוך לוסתה ואפרישה והא נמצא קתני ונמצא לבתר הכי משמע ואי אפרישה מעיקרא כי פריש ליה מעיקרא הויא ליה ידיעה

they are [both] unclean because of the doubt,<span class="x" onmousemove="('comment',' The woman is definitely unclean, because she is now menstruous, but the man is unclean only because of the doubt whether he had cohabited with her when she was already unclean, or before her uncleanness commenced.');">¹⁴</span> but exempt from bringing a sacrifice.<span class="x" onmousemove="('comment',' Because she may have become unclean infer cohabitation; and he does not even bring a suspensive guilt offering for the doubtful sin');">¹⁵</span> And because he wishes to teach us [this law concerning] 'If found on hers',<span class="x" onmousemove="('comment',' And to distinguish between the case where she applied her rag immediately and the case where an interval elapsed (v. Nid. 14a) .');">¹⁶</span>

א"ל רבא ציית מאי דקאמר רבך היכי מצית דתניא עלה זו היא מצות עשה שבנדה שחייבין עליה ואם איתא מצות לא תעשה היא

he teaches us also [the law concerning] 'If found on his.'<span class="x" onmousemove="('comment',' Though this is superfluous.');">¹⁷</span> Said Rabina to R'Adda; How can you maintain that that [other Mishnah] refers to the time not near her period, and to withdrawing, seeing that it states; If [blood is] found, and found implies later;<span class="x" onmousemove="('comment',' After withdrawing, blood was found, but during cohabitation they were not aware of uncleanness.');">¹⁸</span> and if it refers to withdrawing, from the very first when he withdrew he already had the knowledge!<span class="x" onmousemove="('comment',' That she is unclean, for she told him during cohabitation.');">¹⁹</span>

אמר ליה אי תניתא חסר ותני הכי זו היא מצות לא תעשה שבנדה שחייבין עליה היה משמש עם הטהורה ואמרה לו נטמאתי ופירש מיד חייב זו היא מצות עשה שבנדה כו'

Said Raba to him [R'Adda]; Listen to what your teacher [Rabina]<span class="x" onmousemove="('comment',' [So curr. ed. Other reading adopted by Adreth and Zerahis Halevi: 'He (Rabina) said to him (R. Adda) : Listen when your teacher (Raba) tells you.' This is preferable, as Raba was the teacher of Rabina.]');">²⁰</span> tells you.<span class="x" onmousemove="('comment',' That the Mishnah cannot refer to withdrawing. ,hmt');">²¹</span> - [He replied:] How can you [maintain that it refers to entering],<span class="x" onmousemove="('comment',' [Read with MS. M. and other ed.: , 'How can I listen?']');">²²</span>

אמר מר פירש מיד חייב היכי עביד אמר רב הונא משמיה דרבא נועץ עשר צפרניו בקרקע עד שימות וטוביה

since it has been taught with reference to it:<span class="x" onmousemove="('comment',' As a comment on Mishnah in Nid. 14a.');">²³</span> This is the positive precept concerning a menstruous woman for which one is liable; and if it is [as you say],<span class="x" onmousemove="('comment',' That it refers to entering.');">²⁴</span> it is a negative precept!<span class="x" onmousemove="('comment',' Lev. XVIII, 19.');">²⁵</span>

אמר רבא זאת אומרת המשמש מת בעריות פטור דאי סלקא דעתך חייב הכא מאי טעמא פטור משום דאנוס הוא אי אנוס הוא כי פירש מיד נמי ניפטר אנוס הוא

- He said to him: If you have learnt [the Baraitha thus], it is defective, and your should read it thus: This is the negative precept concerning a menstruous woman for which one is liable; if [however] he was cohabiting with a clean woman, and she said to him; 'I have become unclean', and he withdrew immediately, he is liable: this is the positive precept concerning a menstruous woman, etc. The text says: 'If he withdrew immediately, he is liable.' What should he do? R'Huna said in the name of Rab: He should press his ten nails into the ground [i.e., bed] until his desire dies out.<span class="x" onmousemove="('comment',' He should remain passive.');">²⁶</span>

אמר ליה אביי לעולם אימא לך המשמש מת בעריות חייב והכא מאי טעמא פטור משום דאנוס הוא והא דאמרת כי פריש מיד אמאי חייב שהיה לו לפרוש בהנאה מועטת ופירש בהנאה מרובה

Raba said: From this we may deduce that he who commits incest<span class="x" onmousemove="('comment',' Cohabits with a woman forbidden to him owing to consanguinity (Yeb. 2a, b) .');">²⁷</span> with membrum mortuum is exempt, for, if it will enter your mind to say that he is liable, what is the reason that he is exempt here? Because he has no alternative?<span class="x" onmousemove="('comment',' For he must not withdraw immediately and must perforce withdraw when it is passive; but if he commits incest even with membrum mortuum he is liable.');">²⁸</span>

אמר ליה רבה בר חנן לאביי אם כן מצינו ארוכה וקצרה בנדה

If i is because he has no alternative, then even if he withdraws immediately, let him also be exempt, for he has no alternative!<span class="x" onmousemove="('comment',' If you say that he is liable if he commits incest with membrum mortuum, then there is no difference between passive and virile member, so that he should be exempt even if he is withdraws forthwith.');">²⁹</span> - Abaye said to him: Verily, I may say to you, he who commits incest with membrum mortuum is liable, and here the reason that he is exempt is because he has no alternative, and as for your question, if he withdraws immediately, why is he liable? [I may reply,] because he should have withdrawn with little pleasure, and he withdrew with much pleasure. Said Raba B'Hanan to Abaye: If so, we find a longer and a shorter route in connection with a menstruant.<span class="x" onmousemove="('comment',' If he took the shorter route, i.e., withdrew immediately, he is liable; and if the longer route, i.e., waited till it was passive, he is exempt.');">³⁰</span>