Babylonian Talmud: Tractate Niddah

Folio 48a

R. Isaac b. Nahmani citing R. Eleazar²²  stated: The halachah is in agreement with the ruling which R. Jose b. Kipper cited in the name of R. Eliezer.²³  R. Zera observed: May I be worthy to go up²⁴  and to learn the tradition²⁵  from the Master's mouth. When he went up²⁴  he met R. Eleazar and asked him, 'Did you say: The halachah is in agreement with R. Jose b. Kipper?' — 'What I said was', the other replied, 'that it seemed to be reasonable. For since, throughout the chapter, "one day" was explicitly added²⁶  while in this case²⁷  it was not mentioned it may well be inferred that it seems reasonable [that the halachah is] in agreement with him'.

CHAPTER VI

MISHNAH. IF THE LOWER MARK²⁸  APPEARED BEFORE THE UPPER ONE²⁹  HAD YET MADE ITS APPEARANCE, SHE MAY PERFORM HALIZAH OR CONTRACT LEVIRATE MARRIAGE.³⁰  IF THE UPPER MARK²⁹  APPEARED BEFORE THE LOWER ONE²⁸  HAD MADE ITS APPEARANCE, THOUGH THIS IS IMPOSSIBLE,³¹  R. MEIR RULED, SHE MAY NEITHER PERFORM HALIZAH NOR CONTRACT THE LEVIRATE MARRIAGE; BUT THE SAGES RULED, SHE MAY EITHER PERFORM HALIZAH OR CONTRACT THE LEVIRATE MARRIAGE, BECAUSE THEY MAINTAIN: IT IS POSSIBLE FOR THE LOWER MARK TO APPEAR BEFORE THE UPPER ONE HAD YET MADE ITS APPEARANCE, BUT IT IS IMPOSSIBLE FOR THE UPPER MARK TO APPEAR BEFORE THE LOWER ONE HAD MADE ITS APPEARANCE.³²

GEMARA. 'THOUGH THIS IS IMPOSSIBLE'! But has it not in fact APPEARED?³³  — 'APPEARED', according to R. Meir;³⁴  'THOUGH THIS IS IMPOSSIBLE' according to the Rabbis.³⁵  Why then was it not stated: 'If the upper mark appeared, R. Meir ruled, She may neither perform halizah nor contract levirate marriage but the Sages ruled, She may either perform halizah or contract levirate marriage'. and I would well have known that their reason is that it is impossible?³⁶  — If 'THOUGH THIS IS IMPOSSIBLE had not been stated, It might have been presumed that in most women the lower mark appears first and in that of a minority the upper mark appears first, and that R. Meir³⁷  is guided by his principle according to which he takes even a minority into consideration,³⁸  while the Rabbis³⁹  are guided by their principle according to which they do not take a minority into consideration;⁴⁰  and that this⁴¹  applies only to a general case, but where an examination was held and no [lower mark] was found the Rabbis, it might have been assumed, agree with R. Meir³⁷  since the upper mark has appeared first, hence we were informed that this IS IMPOSSIBLE and that the lower mark⁴²  had undoubtedly appeared earlier but merely fell off. According to R. Meir⁴³  one may well justify the Scriptural text, Thy breasts⁴⁴  were fashioned, and thy hair⁴⁵  was grown,⁴⁶  but according to the Rabbis,⁴⁷  should not the order have been reversed?⁴⁸  — It is this that was meant: As soon as the 'breasts are fashioned' it is known that 'thy hair was grown'. According to R. Meir⁴⁹  one can well see the justification for the order of the Scriptural text, When they from Egypt bruised thy breasts⁴⁴  for the bosom⁴⁵  of thy youth.⁵⁰  but according to the Rabbis,⁴⁷  should not the order have been reversed?⁴⁸  — It is this that was meant: As soon as 'thy breasts' appeared it is known that thy youth⁴⁵  had appeared. And if you prefer I might reply: As to the meaning of⁵¹  shede,⁵²  all the clause was written with regard to the breasts; and it is this that the Holy One, blessed be He, said in effect to Israel:

1. Lev. XXV, 15.
2. Since the minimum of 'years' (plural) is two, and the plural 'crops' denotes all the crops which can be produced in two years.
3. And this is only possible in two complete years, or a full period of twenty-four months, where the sale took place before the produce of the first calendar year had been harvested. In two calendar years there can be no more than two crops.
4. Ex. XXI, 2.
5. But this is possible only if one serves six full years from the date of purchase which took place in the middle of a calendar year. The end of the sixth full year would in such a case coincide with the middle of the seventh calendar year.
6. Supra 47b ad fin.
7. Which differ with the ages of the persons valued (cf. Lev. XXVII, 2ff). The ruling here serves the purpose of indicating that, even where the Scriptural text provides no clear guidance on the point, the years mentioned throughout the context are full periods each of twelve months duration.
8. Even where 'and a day' does not follow the number of years.
9. Sc. the present Chapter V which begins with these words.
10. R. Joseph.
11. With Rab.
12. Rab.
13. Lit., 'for a foetus born from its mother's side' (cf. p. 333, n. 11).
14. Supra 47b. Of course he did. Consequently it must be admitted that Rab and R. Joseph are essentially of the same opinion.
15. Rab.
16. Lit., 'for a foetus born from its mothers' side' (cf. prev. n. but one).
17. In the expression, 'the years in the age of a son and a daughter' (supra 47b).
18. Consecrated things, houses in wall cities, etc.
19. Hence his reply that the reference was to valuations (which are also recorded in the Scriptures) though he fully agrees that the same principle applies also to the years in the ages dealt with in the present chapter (which are not Scriptural but merely traditional).
20. R. Joseph; why does he not add, 'In regard to valuation'?
21. Which are the expressions of the Scriptures in the context of valuations (cf. Lev. XXVII, 3f.).
22. R. Eleazar b. Pedath, the famous Palestinian Amora.
23. Supra 27b.
24. To Palestine (cf. prev. n. but one).
25. Cited by R. Isaac b. Nahmani.
26. Lit., 'learned', after the number of the years.
27. A man of the age of twenty years (cf. our Mishnah).
28. Two pubic hairs.
29. 'A fig in its early ripening' (v. Mishnah supra 47a).
30. Because she is deemed to have attained her majority.
31. The apparent contradiction is described in the Gemara infra.
32. Though it cannot be discovered the hairs may be presumed to have fallen off.
33. Of course it had; since it was explicitly stated, IF THE UPPER MARK APPEARED BEFORE THE LOWER ONE.
34. Who ruled that SHE MAY NEITHER PERFORM HALIZAH etc., thus regarding her as a minor because, obviously, the upper mark may appear though the lower one had not yet made its appearance.
35. THE SAGES, who in either case (v. our Mishnah) regard her as of age.
36. And this would avoid the insertion of the ambiguous clause, 'THOUGH THIS IS IMPOSSIBLE'.
37. In regarding the girl as a minor.
38. And since a minority have the upper before the lower mark, every girl producing the upper mark alone must be regarded as a minor in case she belonged to the minority.
39. THE SAGES, who in either case (v. our Mishnah) regard her as of age.
40. As soon, therefore, as the upper mark appeared it may be taken for granted that the lower one had appeared previously.
41. The ruling of the Sages, which is dependent on the principle of following the majority.
42. Cf. BaH., wanting in cur. edd.
43. Who maintains that the upper mark sometimes appears first.
44. The upper mark.
45. The lower one.
46. Ezek. XVI, 7, since the marks do sometimes appear in this order.
47. Who hold that the upper mark can never appear first.
48. Hair first and breasts afterwards.
49. Who maintains that the upper mark sometimes appears first.
50. Ezek. XXIII, 21.
51. Lit., 'what'.
52. The word rendered supra 'bosom'.

It was taught: R. Simeon b. Gamaliel stated, Among towns-women the lower mark appears earlier because they are in the habit of taking baths; among village women the upper mark appears earlier because they grind with millstones.⁹  R. Simeon b. Eleazar stated: Among the daughters of the rich the right hand side develops earlier because it rubs against their scarves;¹⁰  among the daughters of the poor the left side develops earlier because they carry¹¹  jars of water on them. And if you prefer I might say, Because they carry their brothers on their sides.

Our Rabbis taught: The left side develops earlier than the right side. R. Hanina the son of the brother of R. Joshua stated: The left side never developed earlier than the right side except in the case of one woman who lived in our neighbourhood whose left side developed earlier than the right one which later regained its normal strength.

Our Rabbis taught: All girls to be examined must be examined by women. So also R. Eliezer entrusted the examination to his wife, and R. Ishmael entrusted it to his mother. R. Judah ruled: Before the period¹²  and after the period,¹³  women examine them.¹⁴  During the period¹⁵  no woman may examine them, since in doubtful cases¹⁶  no woman is allowed to marry¹⁷  on the evidence of women. R. Simeon ruled, Even during the period¹⁵  women examine them. And a woman may be relied upon when by her evidence the law is restricted but not when it is relaxed thereby. How so? [She may be relied upon when she states: 'The girl] is of age', so that the latter should thereby be denied the right of mi'un, or 'She is a minor', so that she should thereby be denied the right of performing halizah; but she is not trusted when asserting, 'She is a minor', so that she should have the right of exercising mi'un, or 'She is of age', so that she should be entitled to perform halizah.

The Master said, 'R. Judah ruled: Before the period and after the period women examine them'. One can well concede that before the period an examination is required, for should [the same hairs]¹⁸  be found after the period they would be regarded as a mole;¹⁹  but what need could there be for an examination after the period seeing that Raba has laid down that a minor who has attained the age of her majority need not be examined since there is presumption that she had by that time produced the marks of puberty? — When Raba stated, 'there is presumption', he meant it in respect of mi'un,²⁰  but as regards halizah²¹  an examination is still required.²²  'During the period no women may examine them', because he is of the opinion [that the presence of hairs] during the period [is a mark of majority] as after the period;²³  but after the period, when Raba's presumption is applicable, we rely upon women who may, therefore, conduct the examination,²²  while during the period, when Raba's presumption is not applicable, we cannot rely upon women, and women, therefore, may not conduct the examination. 'R. Simeon ruled, Even during the period women examine them', for he is of the opinion [that the presence of hairs] during the period [is no more a mark of puberty] than it is before the period; and an examination is, therefore, required so that if [the same hairs]²⁴  should be found after the period they would be regarded as a mole.²⁵  'And a woman may be relied upon when by her evidence the law is restricted but not when it is relaxed thereby.' Who taught this? — If you wish I might say: R. Judah, and [the reference is to evidence] during the period.²⁶

1. Aliter (Jast.) and cf. Rashi's first interpretation: Thy breasts began to develop, yet thou didst not repent, thy breasts were fully developed, yet etc.
2. Lit., 'that all the world'. R. Meir and the Sages.
3. In determining whether a girl is of age.
4. Num. V, 6.
5. By placing the two nouns in juxtaposition.
6. The lower one, which is the only mark he possesses.
7. The analogy between 'man' and 'woman' extending only as far as a single mark is concerned, sc. that one mark (upper or lower) suffices to establish the majority of a woman as one mark (the lower) establishes the majority of a man.
8. That the lower mark alone is the determining factor.
9. The constant exercise of their arms distends their breasts.
10. Which are worn on the right side.
11. So with a certain reading. Cur. edd. 'draw'.
12. Sc. before the age of eleven years and a day.
13. After the age of twelve years and a day.
14. But, whether they report the presence of hair or their absence, the girls in the former case (a time when hairs are regarded as a mere 'mole') are treated as minors. In the latter case (a time when pubic hairs and maturity may well be expected) the girls are deemed to be of age if the women report the presence of hairs; but even if they report their absence, the girls cannot be treated as minors (since the hairs may have fallen off) and they are consequently deprived of the right of mi'un (v. Glos.).
15. From the age of eleven years and one day to that of twelve years and one day, when their status is a matter of doubt and is entirely dependent on the presence or absence of the hairs.
16. Cf. prev. n. In the first two cases (cf. prev. n. but one) a doubt hardly exists.
17. If the women were to report the presence of hairs the girls would have to be allowed to contract levirate marriage.
18. And no others.
19. And the girl would still be deemed a minor and denied the right of performing halizah.
20. Sc. to impose the restriction of denying her the right of mi'un.
21. I.e., to relax the law by allowing the performance of the rite.
22. A woman's evidence being in such a case relied upon, since a girl at the age mentioned usually has all the mark of puberty.
23. Cur. edd. in parenthesis insert 'like'.
24. And no others.
25. And the girl would still be deemed a minor and denied the right of performing halizah.
26. His opinion being that hairs discovered during the period are evidence of puberty as are hairs discovered after the period. If the women report the presence of hairs as a result of which the girl is deprived of the right of mi'un they are relied upon since the law is thereby restricted. Their evidence, however, is not relied upon as regards entitling her to perform halizah since thereby the law would be relaxed.