Traité Niddah

Traduction française en préparation — version anglaise (Steinsaltz) : fragrant spices.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: A young girl who reached the age of puberty and grew two pubic hairs is an adult. If her childless husband dies, she either performs ḥalitza and is thereby permitted to marry anyone, or enters into levirate marriage with her husband’s brother. And furthermore, such a girl is obligated to fulfill all the mitzvot stated in the Torah in which women are obligated.

Traduction française en préparation — version anglaise (Steinsaltz) : And likewise, a young boy who reached the age of puberty and grew two pubic hairs is an adult and is obligated to fulfill all the mitzvot stated in the Torah. And he is fit to be declared a stubborn and rebellious son if he performs the actions that warrant that designation, from when he grows two pubic hairs until his beard will form a circle. During that period, although he is an adult and punishable for his actions, he is incapable of fathering a child. Consequently, as he is a son and not a father, he can be designated a stubborn and rebellious son.

Traduction française en préparation — version anglaise (Steinsaltz) : The mishna explains that the reference is to the lower, pubic, hair, and not to the upper, facial, hair. But the term beard is used, despite its being subject to misinterpretation, due to the fact that the Sages spoke euphemistically.

Traduction française en préparation — version anglaise (Steinsaltz) : A young girl who reached the age of puberty and grew two pubic hairs can no longer perform refusal to end a marriage with a husband to whom she was married as a minor by her mother and brothers after her father’s death. Rabbi Yehuda says: She retains the right to perform refusal until the pubic hair will grow to the extent that the black hair will be preponderant in the pubic area.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Gemara raises an objection: But since we learned in the mishna that a young girl who reached the age of puberty and grew two pubic hairs is considered an adult and is obligated to fulfill all the mitzvot stated in the Torah, why do I need the mishna to also teach: She either performs ḥalitza or enters into levirate marriage. These specific examples are included in the broader statement.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains: This emphasis serves to exclude the opinion of Rabbi Yosei, who said: Man, i.e., an adult man, is written in the passage of ḥalitza: “And if the man does not wish to take his brother’s wife” (Deuteronomy 25:7). But with regard to the woman, whether she is an adult or whether she is a minor, she can be released by ḥalitza, as the Torah does not specify her age. The mishna teaches us that the halakha is not in accordance with the opinion of Rabbi Yosei. Rather, if she grew two pubic hairs, then yes, she can perform ḥalitza, whereas if she did not grow two hairs, she may not perform ḥalitza or enter into levirate marriage. What is the reason for this ruling? It is that the halakha of the woman is like that of the man, as a woman is juxtaposed to man in this passage.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks further: And since we learned in the continuation of the mishna: And likewise, a young boy who reached the age of puberty and grew two pubic hairs is an adult, why do I need the mishna to add explicitly: Is obligated to fulfill all the mitzvot stated in the Torah?

Traduction française en préparation — version anglaise (Steinsaltz) : And if you would say that the mishna specified this because it wanted to teach the particular halakha: And he is fit to be declared a stubborn and rebellious son, that cannot be the reason, as we already learned that halakha on another occasion in a mishna (Sanhedrin 68b): When is such a boy liable to receive the death penalty imposed upon a stubborn and rebellious son? From when he grows two pubic hairs until his beard will form a circle. The reference is to the lower, pubic, hair and not to the upper, facial hair, but the term beard is used, due to the fact that the Sages spoke euphemistically.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Yes, it is indeed so, i.e., it is not necessary for the mishna to specify with regard to a boy that he is obligated to fulfill all the mitzvot stated in the Torah. But since the mishna specified this matter in the case of a young girl, it also specified this matter in the case of a young boy.

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches: A young girl who reached the age of puberty and grew two pubic hairs can no longer perform refusal to end a marriage with a husband to whom she was married as a minor by her mother and brothers after her father’s death. Rabbi Yehuda maintains that she retains the right of refusal until the pubic hair grows to the extent that the black hair is preponderant in the pubic area. Rabbi Abbahu says that Rabbi Elazar says: The halakha is in accordance with the opinion of Rabbi Yehuda.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Yehuda concedes to the Rabbis that if she engaged in intercourse with her husband after she grew two pubic hairs, she can no longer perform refusal. This is because the act of intercourse renders her betrothed to him by Torah law, and refusal is a rabbinic enactment that is effective only with regard to a betrothal that applies by rabbinic law.