Babylonian Talmud: Tractate Yebamoth

Folio 47a

From this I only know [that the law is applicable] within the Land of Israel, whence is it inferred [that it is also applicable] within the countries outside the Land? — It was specifically stated in Scripture, With thee, i.e., 'wherever he is with thee'.¹  If so, why was the Land of Israel specified? — In the Land of Israel²  proof must be produced;³  outside the Land of Israel⁴  no such proof need be produced; these are the words of R. Judah. But the Sages said: Proof must be produced both within the Land of Israel and outside the Land.

'If he came and had witnesses with him,' what need is there for a Scriptural text?⁵  R. Shesheth replied: Where they⁶  state, 'We heard that he be came a proselyte at a certain particular court'. As It might have been taught that we are not to believe them,⁷  we were taught [that we do believe them].

'In your land;⁸  from this I only know [that the law is applicable] within the Land of Israel, whence is it inferred [that it is also applicable] within the countries outside the Land? — It was specifically stated in Scripture, With thee, i.e., wherever he is with thee'. But this,⁹  surely, had been expounded already!¹⁰  — One is derived from With thee¹¹  and the other from With you.¹²

'But the Sages said: Proof must be produced both within the Land of Israel and outside the Land'. But, it is written, surely, in your land!¹³  — That expression is required [for the deduction] that proselytes may be accepted even in the Land of Israel. As it might have been assumed that there they become proselytes only on account of the prosperity of the Land of Israel, and at the present time also, when there is no prosperity, they might still be attracted¹⁴  by the Gleanings,¹⁵  the Forgotten Sheaf,¹⁶  the Corner¹⁷  and the Poor Man's Tithe,¹⁸  hence we were taught [that they may nevertheless be accepted].

R. Hiyya b. Abba stated in the name of R. Johanan, 'The halachah is that proof must be produced¹⁹  both in the Land of Israel and outside the Land'. Is this not obvious? [In a dispute between] an individual and a majority the halachah is, of course, in agreement with the majority!²⁰  — It might have been suggested that R. Judah's view is more acceptable since he is supported by Scriptural texts,²¹  hence we were taught [that the halachah is in agreement with the Sages].

Our Rabbis taught: And judge righteously between a man and his brother, and the proselyte that is with him;²²  from this text²³  did R. Judah deduce that a man who becomes a proselyte²⁴  in the presence of a Beth din is deemed to be a proper proselyte; but he who does so privately is no proselyte.²⁵

It once happened that a man came before R. Judah and told him, 'I have become a proselyte privately'. 'Have you witnesses'? R. Judah asked. 'No', the man replied. 'Have you children'? — 'Yes', the man replied. 'You are trusted', the Master said to him, 'as far as your own disqualification is concerned but you cannot be relied upon to disqualify your children.²⁶

Did R. Judah, however, state that a proselyte is not trusted in respect of his children? Surely it was taught: He shall acknowledge²⁷  implies, 'he shall be entitled to acknowledge him before others?²⁸  From this did R. Judah deduce that a man is believed when he declares, 'This son of mine is firstborn',²⁹  And as a man is believed when he declares, 'This son of mine is firstborn' so is he believed when he declares, 'This son of mine is the son of a divorced woman' or 'the son of a haluzah'.³⁰  But the Sages say: He³¹  is not believed!³²  — R. Nahman b. Isaac replied: It is this that he³³  really told him,³⁴  'According to your own statement you are an idolater, and no idolater is eligible to tender evidence'.³⁵

Rabina said: It is this that he³⁶  really told him,³⁷  'Have you children'? [And when the other replied] 'Yes' [he asked] 'Have you grandchildren'. [The reply being again] 'Yes', he told him 'You are trusted so far as to disqualify your own children³⁸  but you cannot be trusted so far as to disqualify your grandchildren'.

Thus it was also taught elsewhere: R. Judah said, 'A man is trusted in respect [of the status of] his young son but not in respect of that of his grown-up son; and R. Hiyya b. Abba explained in the name of R. Johanan that 'young' does not mean actually a minor and 'grown-up' does not mean one who is actually 'of age', but any young son who has children is regarded as of age while any grown-up son who has no children is deemed to be a minor. And the law is in agreement with R. Nahman b. Isaac.³⁹  But, surely, [a Baraitha] was taught in agreement with Rabina!⁴⁰  — That statement was made with reference to the law of acknowledgement.⁴¹

Our Rabbis taught: If at the present time a man desires⁴²  to become a proselyte, he is to be addressed as follows: 'What reason have you for desiring⁴³  to become a proselyte; do you not know that Israel at the present time are persecuted and oppressed, despised, harassed and overcome by afflictions'? If he replies, 'I know and yet am unworthy',⁴⁴  he is accepted forthwith, and is given instruction in some of the minor and some of the major commandments. He is informed of the sin [of the neglect of the commandments of] Gleanings,⁴⁵  the Forgotten Sheaf,⁴⁶  the Corner⁴⁷  and the Poor Man's Tithe.⁴⁸  He is also told of the punishment for the transgression of the commandments. Furthermore, he is addressed thus: 'Be it known to you that before you came to this condition, if you had eaten suet⁴⁹  you would not have been punishable with kareth, if you had profaned the Sabbath you would not have been punishable with stoning; but now were you to eat suet⁴⁹  you would be punished with kareth; were you to profane the Sabbath you would be punished with stoning'. And as he is informed of the punishment for the transgression of the commandments, so is he informed of the reward granted for their fulfilment. He is told, 'Be it known to you that the world to come was made only for the righteous, and that Israel at the present time are unable to bear

1. Even outside the Land of Israel. This exposition is discussed infra.
2. Where it is an advantage to be a proselyte.
3. By the proselyte, that his circumcision was duly performed at the Beth din for the specific purpose of his initiation. Otherwise he is not to be trusted.
4. Where no material advantage is to be gained in claiming to be a proselyte.
5. To prove that the proselyte is accepted.
6. The witnesses.
7. Since they were not eye witnesses.
8. V. BaH. Cur. edd., 'in the land'.
9. The Scriptural expression, with thee.
10. Lit., 'thou hast brought it out', supra, to exclude the acceptance of a proselyte when not well known. How then could the same phrase be used for two different expositions?
11. [H] Lev. XIX, 33.
12. [H] ibid. 34. V. [H] a.l. and Torath Kohanim. Cur. edd. read, [H] 'from with thee' which occurs in Lev, XXV, 47.
13. Lev. XIX, 33. (Cf. BaH. Cur. edd., 'in the land') which excludes other countries.
14. Lit., 'there is'.
15. [H] 'gleaning': the gleanings of the harvest which must be left for the poor. V. Lev. XIX, 9, XXIII, 22, Peah IV, 10f.
16. [H] 'forgetting'; any sheaf forgotten when a field is reaped belongs to the pour. V. Deut. XXIV, 19, Peah V, 7f, VIf.
17. [H], 'corner', sc. of the field, the produce of which most nut be harvested by the owner, it being the portion of the poor. V. Lev. XIX, 9, XXIII, 22, Peah 1ff.
18. [H] given to the poor in the third and sixth years of the septennial cycle.
19. By a man who claims to have been properly initiated as a proselyte.
20. In the law under discussion the Sages are in the majority against R. Judah's individual opinion.
21. 'With thee' and 'In your land'. V. supra.
22. Deut. I, 16. [H] 'proselyte' (E.V. 'stranger').
23. Since 'proselyte' was mentioned in the same context as 'judge'.
24. I.e., who had been circumcised and performed the prescribed ablution.
25. As a judicial matter requires a Beth din so does the initiation of a proselyte.
26. [As children of a heathen father they would be disqualified, even if the mother was a Jewess, R. Judah being of the opinion that the offspring of the union of a heathen with a Jewess is mamzer, v. Tosaf. s.v. intb.
27. Sc. the firstborn (Deut. XXI, 17).
28. [H] E.V., he shall acknowledge, being a Hif., may also be rendered as here, 'he shall make known', viz., to others.
29. Though another was hitherto reputed to be his firstborn son.
30. V. Glos.
31. If another son of his was reputed to be the firstborn.
32. Kid. 74a. 78b, B.B. 127b. Thus it has been shown that, according to R. Judah, a father's word is accepted in respect of the status of his children. How, then, could it be stated here that the word of a proselyte was not to be relied upon as far as the eligibility of his children is concerned?
33. R. Judah.
34. The proselyte.
35. As his children have hitherto been reputed to be legitimate, his ineligible evidence cannot disqualify them.
36. R. Judah.
37. The proselyte.
38. In accordance with the deduction from 'He shall acknowledge' in the Baraitha cited from Kid. and B.B. supra.
39. Who regarded the proselyte, on the strength of his own testimony, as an idolater whose evidence is inadmissible even in the case of his own children.
40. That a father is to be trusted in respect of a son of his who has no children. The assumption at the moment is that this referred to the case of a proselyte.
41. Lit., 'he shall acknowledge' (Deut. XXI, 17), i.e., the reference is nut to a proselyte but to an Israelite whose word is accepted when he testifies that his sun is either a firstborn, or the sun of a divorced woman or the son of a haluzah. It is in connection with this only that it was stated that the father, being believed in respect of his children, but not his grandchildren, is trusted in the case of his son who has no children, but not in the case of one who has children.
42. Lit., 'who comes'.
43. Lit., 'what have you seen that you came'.
44. Of the privilege of membership of Israel.
45. V. supra p. 308. n. 8.
46. V. loc. cit. n. 9.
47. V. loc. cit. n. 10.
48. V. loc. cit. n. 11.
49. I.e., forbidden fat.

either too much prosperity. or too much suffering'. He is not, however, to be persuaded or dissuaded too much.¹  If he accepted,²  he is circumcised forthwith. Should any shreds³  which render the circumcision invalid remain, he is to be circumcised a second time. As soon as he is healed arrangements are made for his immediate ablution, when two learned men must stand by his side and acquaint him with some of the minor commandments and with some of the major ones.⁴  When he comes up after his ablution he is deemed to be an Israelite in all respects.

In the case of a woman proselyte, women make her sit in the water up to her neck, while two learned men stand outside and give her instruction in some of the minor commandments and some of the major ones.

The same law⁵  applies to a proselyte and to an emancipated slave; and only where a menstruant may perform her ablution⁶  may a proselyte and an emancipated slave perform this ablution;⁷  and whatever is deemed an interception in ritual bathing⁸  is also deemed to be an interception in the ablutions of a proselyte, an emancipated slave and a menstruant.⁹

The Master said, 'If a man desires to become a proselyte … he is to be addressed as follows: "What reason have you for desiring to become a proselyte …" and he is made acquainted with some of the minor, and with some of the major commandments'. What is the reason? — In order that if he desire to withdraw let him do so;¹⁰  for R. Helbo said: Proselytes are as hard for Israel [to endure] as a sore,¹¹  because it is written in Scripture. And the proselyte¹²  shall join himself with them, and they shall cleave¹³  to the house of Jacob.¹⁴

'He is informed of the sin [of the neglect of the commandment of] Gleanings, the Forgotten Sheaf, the Corner and the Poor Man's Tithe'. What is the reason? — R. Hiyya b. Abba replied in the name of R. Johanan: Because a Noahide¹⁵  would rather be killed than spend so much as a perutah¹⁶  which is not returnable.¹⁷

'He¹⁸  is not, however, to be persuaded, or dissuaded too much'. R. Eleazar said: What is the Scriptural proof? — It is written, And when she saw that she was steadfastly minded to go with her, she left off speaking unto her.¹⁹  'We are forbidden', she²⁰  told her,²¹  '[to move on the Sabbath beyond the] Sabbath boundaries'!²²  — 'Whither thou goest' [the other replied] 'I will go'.²³

'We are forbidden private meeting between man and woman'!²⁴  — 'Where thou lodgest. I will lodge'²³

'We have been commanded six hundred and thirteen commandments'! — 'Thy people shall be my people'.²³

'We are forbidden idolatry'! — 'And thy God my God'.²³

'Four modes of death²⁵  were entrusted to Beth din'!²⁶  — 'Where thou diest, will I die'.²⁷

'Two graveyards²⁸  were placed at the disposal of the Beth din'! — 'And there will I be buried'.²⁷  Presently she saw that she was steadfastly minded etc.¹⁹

'If he accepted, he is circumcised forthwith'. What is the reason? — The performance of a commandment must not in any way be delayed.

'Should any shreds which render the circumcision invalid remain etc.', as we learned: These are the shreds which render the circumcision invalid: Flesh which covers the greater part of the corona,²⁹  [a priest having been so circumcised] is not permitted to eat terumah; and R. Jeremiah b. Abba explained in the name of Rab: Flesh which covers the greater part of the height of the corona.³⁰

'As soon as he is healed arrangements are made for his immediate ablution'. Only after he is healed but not before!³¹  What is the reason? — Because the water might irritate the wound.

'When two learned men must stand by his side'. Did not R. Hiyya, however, state in the name of R. Johanan that the initiation of a proselyte requires the presence of three? — But, surely. R. Johanan told the tanna:³²  Read, 'three'.

'When he comes up after his ablution he is deemed to be an Israelite in all respects'. In respect of what practical issue? — In that if he retracted and then betrothed the daughter of an Israelite he is regarded as a non-conforming Israelite and his betrothal is valid.³³

'The same law applies to a proselyte and to an emancipated slave'. Assuming this³⁴  to apply to the acceptance of the yoke of the commandments,³⁵  the following contradiction may be pointed out: This³⁶  applies only to a proselyte. but an emancipated slave need not accept!³⁷  — R. Shesheth replied: This is no contradiction, One statement is that of R. Simeon; the other, that of the Rabbis. For it was taught: And bewail her father and her mother etc.³⁸  This only applies when she did not accept,³⁹  but if she did accept,³⁹  her ablution may be arranged, and he is permitted to marry her forthwith. R. Simeon b. Eleazar said: Even though she did not accept³⁹  he may force her to perform one ablution as a mark of her slavery and a second ablution as a mark of her emancipation, and having liberated her

1. Lit., 'and they do not increase upon him nor do they enter with him in details'.
2. All the restrictions and disabilities pointed out to him.
3. Round the corona of the membrum virile.
4. With the ablution the proselyte completes his ritual initiation. Hence it is necessary that at that moment he shall submit to the 'yoke of the commandments'.
5. This is explained infra.
6. I.e. — a ritual bath containing no less than forty se'ah of water.
7. Though the ablutions of the latter are not in connection with levitical uncleanness.
8. The water most come in direct contact with the bather. Should any foreign matter intervene between his body and the water the ablution is thereby rendered invalid.
9. Although the purpose of these ablutions is not, like that of the usual ablutions, to qualify for the eating, or the handling of, levitically clean things. The ablutions of the proselyte and the slave are only a part of their initiation ceremonial, while that of the menstruant has for its object the woman's permissibility to her husband.
10. Lit., 'that if he separates let him separate'.
11. [H] cf. Lev. XIII, 2.
12. [H] (E.V., 'stranger').
13. [H] of the same rt. as [H] (v. supra note 7), 'they will be like a sure'.
14. 15a. XIV, 1. Cf. Kid. 70b, Nid. 13a. infra 109b. An influx of proselytes tends to lower the moral standards of Judaism.
15. A descendant of Noah, i.e., all idolaters.
16. The smallest coin.
17. Hence he is informed of the laws of the yearly gifts to the poor. On learning of the Israelite's financial obligations to the causes of charity he would either resign himself to the inevitable or withdraw altogether from his intended conversion. For another interpretation of this dictum, v. 'A.Z. Sonc. ed. p. 343.
18. V. Rashal a.l. Cur. edd. contain in parentheses: 'And he is informed of the sin of the Forgotten Sheaf and the Corner'.
19. Ruth I, 18.
20. Naomi.
21. Ruth.
22. [H], a distance of two thousand cubits in every direction from one's town, abode or resting place, within which alone one is permitted to move on the Sabbath.
23. Ruth I, 16.
24. [H] lit., 'uniting'. Unless married, man and woman may not remain in privacy with one another for any length of time.
25. Penalties for various offences.
26. V. Sanh. 49b.
27. Ruth I, 17.
28. One for the gravest offenders who suffered the death penalties of stoning or burning, and another for such as were executed by decapitation or strangulation.
29. Of the membrum virile.
30. I.e., even if only on a minor portion of the circumference.
31. Lit., 'he was healed, yes; he was not healed, no'.
32. Who recited before him the Baraitha under discussion.
33. Separation cannot be effected except by means of a letter of divorce. The betrothal of an idolater is of no validity at all and no divorce is required.
34. The comparison between the proselyte and the slave.
35. As the proselyte who must at the time of his ablution accept the yoke of the commandments is made acquainted with some of them so must an emancipated slave when he performs ablution on the occasion of his emancipation.
36. That at the ablution a declaration of acceptance most be made.
37. His duty to observe the commandments having commenced at the moment he had performed his first ablution on the occasion of his initiation as the slave of an Israelite.
38. Deut. XXI, 13.
39. The obligations of a proselyte.