Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : Aren’t they separate bodies, i.e., three different people? Aren’t they labels [shemot] of separate [muḥlakim] prohibitions, since each one is forbidden in her own right? It is therefore clear that he should receive lashes for each act.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, perhaps it means that he engaged in three acts of intercourse with one widow. The Gemara analyzes this possibility: What are the circumstances? If they did not forewarn him between each act, it is obvious that he is liable to receive only one set of lashes, for one must be forewarned in order to be liable to receive lashes, and here he was forewarned only once for the three acts. There would be no need to state this halakha.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, perhaps the case is that they forewarned him for each and every one of his acts of intercourse. But if that were the case, why is he liable to receive only one set of lashes? But didn’t we learn in a mishna (Nazir 42a): A nazirite who was drinking wine in violation of his naziriteship the entire day is liable to receive only one set of lashes. If they said to him: Do not drink, do not drink, i.e., he was forewarned several times, and he nevertheless drinks, he is liable to receive lashes for each and every time he was forewarned and proceeded to drink.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: No, it is necessary for a case where he engaged in sexual intercourse one time with Reuven’s widow, who was previously Shimon’s widow, who was previously Levi’s widow. Lest you say they are separate labels of prohibitions and he should be liable to receive three sets of lashes, since she was widowed from three different people, the baraita therefore teaches us that we require separate bodies for him to receive separate punishments, and as that is not the case here, he is liable to receive only one set of lashes.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita teaches that if a High Priest engages in sexual intercourse with a woman who was a widow, and then was a divorcée, and then was a ḥalala, and then was a zona, if the changes to her status occurred in that order he is liable to receive lashes for each of them. The Gemara asks: What does this tanna hold? If he holds that a prohibition takes effect where another prohibition already exists, i.e., if an item or a person is rendered forbidden by a prohibition then another prohibition can take effect in addition to the first one, the reverse should also be the case, i.e., if she was initially a zona and subsequently became a ḥalala, the same two prohibitions should apply to her. And if he holds that a prohibition does not take effect where another prohibition already exists, he should likewise not be liable to receive more than one set of lashes even if they occurred in this order.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: In general, this tanna does not accept the principle that a prohibition takes effect where another prohibition already exists, but he holds that it does take effect in the case of an expanded prohibition. If the second prohibition adds people to the category of those to whom the item is forbidden, then it takes effect in addition to the previous prohibition, which had a more limited range.

Traduction française en préparation — version anglaise (Steinsaltz) : In this case, a widow is forbidden to a High Priest but is permitted to a common priest. Once she becomes a divorcée, since a prohibition has been added to her with regard to a common priest, as a common priest is prohibited from marrying a divorcée, the prohibition is also added to her with regard to a High Priest. And at this stage, she is still permitted to partake of teruma if she is the daughter of a priest. When she becomes a ḥalala by engaging in sexual intercourse with a priest, since a prohibition for her to eat teruma has been added, the prohibition with regard to a ḥalala is also added with regard to a High Priest who engages in intercourse with her, in addition to the prohibitions of a widow and a divorcée. It is only if they occurred in this order that each prohibition adds to the previous one, but not if they happened in the reverse order.

Traduction française en préparation — version anglaise (Steinsaltz) : Yet, one could ask: But in the case of a zona, what expanded prohibition is there with regard to her? There is no additional prohibition with a zona beyond what is prohibited with regard to a ḥalala. Rav Ḥana bar Rav Ketina said: Since the label of zenut disqualifies her in Israel, it is viewed as an expanded prohibition. Although a zona as precisely defined in this context, i.e., a woman who engages in sexual intercourse with one who is unfit for her, is prohibited only to priests and does not add any prohibition beyond that of a ḥalala, the label of a zona in its broader sense, such as a married woman who commits adultery, does disqualify her to an Israelite, namely her husband. Therefore, there is a prohibition with regard to a zona that has a greater scope than the prohibition with regard to a ḥalala.

Traduction française en préparation — version anglaise (Steinsaltz) : A tanna taught a baraita before Rav Sheshet: The command addressed to the High Priest states: “A widow, or one divorced, or a ḥalala, or a zona, these shall he not take; but a virgin of his own people shall he take to wife” (Leviticus 21:14). Any woman who is included in the mitzva: “Shall he take” is included in the prohibition: “Shall he not take” if she becomes a widow or a divorcée. And any woman who is not included in the mitzva: “Shall he take” is not included in the prohibition: “Shall he not take.” This excludes the case of a High Priest who engaged in intercourse with his widowed sister. As his sister, she is forbidden to him even when she is a virgin, so the mitzva: “Shall he take” does not refer to her. Therefore, he does not transgress the prohibition: “Shall he not take” if he engages in intercourse with her after she had been widowed or divorced.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Sheshet said to him: He who said this to you, in accordance with whose opinion did he teach it? It is in accordance with the opinion of Rabbi Shimon, who says as a principle: A prohibition does not take effect where another prohibition already exists. Therefore, his sister, who was already forbidden to him by virtue of being his sister, is not forbidden due to the additional prohibition: “Shall he not take.” As it is taught in a baraita: Rabbi Shimon says: One who eats an unslaughtered animal carcass on Yom Kippur is exempt from karet for eating on the fast day, since the prohibition against eating an animal carcass applied to it beforehand. As, if you say this baraita follows the opinion of the Rabbis, don’t they say: A prohibition takes effect where another prohibition already exists?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: You can even say that the baraita is in accordance with the opinion of the Rabbis, as when the Rabbis say that a prohibition takes effect where another prohibition already exists, that statement applies only when the second prohibition is a more severe prohibition, e.g., eating on Yom Kippur, which takes effect in addition to a light prohibition, in this case, eating an unslaughtered animal carcass. But a light prohibition does not take effect in addition to a severe prohibition. In this case, the prohibition of engaging in intercourse with one’s sister, which is punishable by karet, is more severe than that of: “A widow or one divorced, or a ḥalala, or a zona, these shall he not take,” which is punishable by flogging.

Traduction française en préparation — version anglaise (Steinsaltz) : There are those who say that Rav Sheshet said to the tanna as follows: In accordance with whose opinion is this? It is in accordance with the opinion of the Rabbis, who say: A prohibition takes effect where another prohibition already exists. And when the Rabbis say that a prohibition takes effect where another prohibition already exists, that statement applies when the second prohibition is a more severe prohibition, which takes effect in addition to a light prohibition, but a light prohibition does not take effect in addition to a severe prohibition. As, if it is in accordance with the opinion of Rabbi Shimon, now that he holds that even a severe prohibition does not take effect in addition to a light prohibition, is it necessary to say that a light prohibition does not take effect in addition to a severe prohibition? There would be no novelty in this ruling of the baraita.