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Rambam - 1 Chapter a Day

Shegagot - Chapter 4

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Shegagot - Chapter 4

1When a person performs many transgressions for which one is required to bring a sin·offering in one lapse of awareness, he is liable for a sin-offering for every individual transgression.1 Even if he performs all the 43 transgressions that we listed2 in one lapse of awareness, he is liable for 43 sin-offerings.3אהָעוֹשֶׂה עֲבֵרוֹת הַרְבֵּה בְּהֶעְלֵם אֶחָד, חַיָּב חַטָּאת עַל כָּל אַחַת וְאַחַת. אַפִלּוּ עָשָׂה הַשָּׁלוֹשׁ וְאַרְבָּעִים אֵלּוּ שֶׁמָּנִינוּ בְּהֶעְלֵם אֶחָד, מֵבִיא שָׁלוֹשׁ וְאַרְבָּעִים חַטָּאוֹת.
Similarly, if a person performed one deed for which he is liable for many transgressions, he is liable for every transgression, provided4 all of the prohibitions involved take effect at the same time, the latter prohibition causes the entity to be forbidden to additional people,5 or the scope of the latter prohibition encompasses other entities together with the entity that was originally prohibited.6 What is implied? A person who slaughters consecrated animals outside the Temple, on the Sabbath, for the sake of a false divinity is liable for three sin-offerings, one for slaughtering consecrated animals outside the Temple Courtyard, one for desecrating the Sabbath, and one for serving false divinities, for the three transgressions take effect at the same time.7וְכֵן אִם עָשָׂה מַעֲשֶׂה אֶחָד שֶׁהוּא חַיָּב עָלָיו מִשּׁוּם שֵׁמוֹת הַרְבֵּה, חַיָּב עַל כָּל שֵׁם וְשֵׁם. וְהוּא, שֶׁיִּהְיוּ הָאִסּוּרִין כֻּלָּן בָּאִין כְּאַחַת, אוֹ אִסּוּר מוֹסִיף, אוֹ אִסּוּר כּוֹלֵל. כֵּיצַד? הַשּׁוֹחֵט בֶּהֱמַת קֳדָשִׁים חוּץ לָעֲזָרָה, בַּשַּׁבָּת, לַעֲבוֹדָה זָרָה - חַיָּב שָׁלוֹשׁ חַטָּאוֹת: מִשּׁוּם שׁוֹחֵט קֳדָשִׁים בַּחוּץ, וּמִשּׁוּם מְחַלֵּל שַׁבָּת, וּמִשּׁוּם עוֹבֵד עֲבוֹדָה זָרָה - שֶׁהֲרֵי שְׁלֹשֶׁת הָאִסּוּרִין בָּאִין כְּאַחַת.
When does the above apply? When the person serving the false divinity states that he is serving it at the conclusion of the slaughter of the animal. If, however, this was not his intent, as soon as he performed a portion of the slaughter for the sake of a false divinity, it becomes forbidden. Since he is not liable for slaughtering an animal outside the Temple Courtyard until he slits the two organs, necessary to slit for ritual slaughter8 or the larger portion of these two organs, when he completed the slaughter, he will have slaughtered an animal that is forbidden to be offered as a sacrifice,9 in which instance, he is not liable for slaughtering it outside the Temple Courtyard, as we explained.10בַּמֶּה דְּבָרִים אֲמוּרִים? בָּאוֹמֵר בִּגְמַר זְבִיחָה הוּא עוֹבֵד אוֹתָהּ. אֲבָל אִם לֹא הָיְתָה כַּוָּנָתוֹ לְכָּךְ - מִשֶּׁיִּשְׁחֹט בָּהּ מְעַט לְשֵׁם עֲבוֹדָה זָרָה תֵּאָסֵר, וְאֵינוֹ חַיָּב מִשּׁוּם שְׁחוּטֵי חוּץ עַד שֶׁיִּשְׁחֹט שְׁנַיִם אוֹ רֹב שְׁנַיִם; וְנִמְצָא כְּשֶׁגָּמַר הַשְּׁחִיטָה, שָׁחַט בְּהֵמָה הָאֲסוּרָה לְקָרְבָּן, שֶׁאֵינוֹ חַיָּב עָלֶיהָ מִשּׁוּם שׁוֹחֵט בַּחוּץ, כְּמוֹ שֶׁבֵּאַרְנוּ.
If it was a sin-offering of fowl and half of its windpipe was cut11 and a person increased the slit12 even the slightest amount on the Sabbath for the sake of a false divinity, he is liable for three sin-offerings, for the three prohibitions take effect at the same time.הָיְתָה חַטַּאת הָעוֹף, וְהָיָה חֲצִי קָנֶה שֶׁלָּהּ פָּגוּם, וְהוֹסִיף בּוֹ כָּל שֶׁהוּא בַּשַּׁבָּת, לְשֵׁם עֲבוֹדָה זָרָה - חַיָּב שָׁלוֹשׁ חַטָּאוֹת, שֶׁהֲרֵי שְׁלֹשֶׁת הָאִסּוּרִין בָּאִין כְּאַחַת.
Similarly, a person who performs forbidden labor on Yom Kippur when it occurs on the Sabbath, is liable to bring two sin-offerings, because the two prohibitions13 take effect at the same time.וְכֵן הָעוֹשֶׂה מְלָאכָה בְּיוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת בַּשַּׁבָּת - חַיָּב שְׁתֵּי חַטָּאוֹת, מִפְּנֵי שֶׁשְּׁנֵי הָאִסּוּרִין בָּאִין כְּאַחַת.
Also, a person who is intimate with the wife of his brother who is alive14 while she is in the niddah state, must bring three sin-offerings: one because he was intimate with a married woman and one, because she was his brother’s wife;15 these are two prohibitions that take effect at the same time;16 and one, because she was in the niddah state, which is a prohibition that forbids additional entities besides the entity that was originally prohibited. Since this prohibition17 would apply with regard to her husband, it also applies to her brother-in-law.הַבָּא עַל אֵשֶׁת אָחִיו הַקַּיָּם, כְּשֶׁהִיא נִדָּה - מֵבִיא שָׁלוֹשׁ חַטָּאוֹת: מִשּׁוּם אֵשֶׁת אִישׁ, וּמִשּׁוּם אֵשֶׁת אָח - וְהֵן שְׁנֵי אִסּוּרִין הַבָּאִין כְּאֶחָד; וּמִשּׁוּם נִדָּה - שֶׁהוּא אִסּוּר מוֹסִיף, שֶׁמִּתּוֹךְ שֶׁנּוֹסַף בָּהּ אִסּוּר זֶה לְבַעְלָהּ, נוֹסַף לִיבָמָהּ.
In the same vein, one who sodomizes his father is liable for two sin-offerings, one because of the prohibition, Leviticus 18:7: “Do not reveal the nakedness of your father” and one because of the prohibition, ibid.:22: “Do not lie with a man.” Similarly, one who sodomizes his father’s brother is liable for two sin-offerings, one because it is written ibid.:l4: “Do not reveal the nakedness of your father’s brother” and one because of the general prohibition against sodomy.וְכֵן כָּל כַּיוֹצֵא בְּזֶה, הַבָּא עַל אָבִיו - חַיָּב שְׁתַּיִם: מִשּׁוּם "עֶרְוַת אָבִיךָ... לֹא תְגַלֵּה" (ויקרא יח, ז), וּמִשּׁוּם "וְאֶת זָכָר לֹא תִשְׁכַּב" (ויקרא יח, כב). וְכֵן הַבָּא עַל אֲחִי אָבִיו - חַיָּב שְׁתַּיִם, שֶׁנֶּאֱמַר "עֶרְוַת אֲחִי אָבִיךָ לֹא תְגַלֵּה" (ויקרא יח, יד).
When one sodomizes a male and has a male sodomize him in one lapse of awareness, he is liable for only one sin-offering, even though there are two bodies involved.18 This is derived from the prohibition: “Do not lie with a man” which makes both positions equally liable. Similarly, when one sodomizes an animal and has an animal sodomize him in one lapse of awareness, he is liable for only one sin-offering.הַבָּא עַל הַזְּכוּר וְהֵבִיא זְכוּר עָלָיו בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁהֵן שְׁנֵי גּוּפִין - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת, שֶׁנֶּאֱמַר "וְאֶת זָכָר לֹא תִשְׁכַּב" (ויקרא יח, כב) - הַשּׁוֹכֵב וְהַנִּשְׁכָּב שֵׁם אֶחָד הוּא. וְכֵן הַבָּא עַל הַבְּהֵמָה וְהֵבִיא בְּהֵמָה עָלָיו, בְּהֶעְלֵם אֶחָד - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
One is deemed equally liable for either position of intimacy when engaging in relations with an animal or a male.עָשׂוּ הַשּׁוֹכֵב וְהַנִּשְׁכָּב בִּבְהֵמָה וּזְכוּר, כִּבְעִילָה אַחַת.
2It is possible that there be an instance where a person engages in a single act of intimacy and he is liable for eight sin-offerings. What is implied? Jacob begat a daughter whose name was Timna from his wife Zilpa.19 Lavan20 married Timna21 and begat a daughter named Serach from her. Lavan does not have any daughters other than Rachel. Thus Serach is the daughter of Jacob’s daughter, and his wife’s sister22 on her father’s side. These23 are two prohibitions that take effect at the same time.24 Serach married Reuven.25 She became forbidden to Jacob’s other sons and thus became forbidden to Jacob as well, as his son’s wife.26 If Reuven died or divorced her and Serach married Jacob’s maternal brother,27 since she became forbidden to Jacob’s other brothers through this marriage, she becomes forbidden to Jacob on another count, because she is the wife of his brother.28 If her husband died or divorced her and Serach married Yishmael,29 since she becomes forbidden to Yishmael’s other brothers, a further prohibition takes effect with regard to Jacob, the prohibition against relations with the wife of his father’s brother. If Yishmael died and Serach became eligible to undergo yibbum with Isaac30 and Isaac transgressed and performed yibbum with her even though she is forbidden to him as a secondary relation,31 since she became forbidden to Jacob’s other paternal brothers,32 she also became forbidden to Jacob because she is his father’s wife and because she is a married woman, for these are two prohibitions that take effect at the same time.ביֵשׁ בּוֹעֵל בְּעִילָה אַחַת, וְחַיָּב עָלֶיהָ שְׁמוֹנֶה חַטָּאוֹת. כֵּיצַד? יַעֲקוֹב שֶׁהָיְתָה לוֹ בַּת מִזִּלְפָּה וּשְׁמָהּ תִּמְנַע, נָשָׂא לָבָן תִּמְנַע וְהוֹלִיד מִמֶּנָּה בַּת, וּשְׁמָהּ סֶרַח, וְאֵין לְלָבָן בַּת אֶלָא רָחֵל לְבַדָּהּ. נִמְצֵאת סֶרַח בַּת בַּת יַעֲקוֹב וַאֲחוֹת אִשְׁתּוֹ מֵאָבִיהָ; וְהֵן שְׁנֵי אִסּוּרִין הַבָּאִין כְּאַחַת. נִשֵּׂאת סֶרַח לִרְאוּבֵן, וְנֶאֶסְרָה עַל שְׁאָר בְּנֵי יַעֲקוֹב; נוֹסַף בָּהּ אִסּוּר לְיַעֲקוֹב וַהֲרֵי הִיא כַּלָּתוֹ. מֵת רְאוּבֵן, אוֹ גֵּרַשׁ, וְנִשֵּׂאת סֶרַח זוֹ לַאֲחִי יַעֲקוֹב מֵאִמּוֹ - מִתּוֹךְ שֶׁנֶּאֶסְרָה עַל שְׁאָר אֲחֵי יַעֲקוֹב, נוֹסַף לְיַעֲקוֹב בָּהּ אִסּוּר אֵשֶׁת אָחִיו. מֵת אוֹ גֵּרַשׁ וְנִשֵּׂאת סֶרַח זוֹ לְיִשְׁמָעֵאל - מִתּוֹךְ שֶׁנֶּאֶסְרָה עַל שְׁאָר אֲחֵי יִשְׁמָעֵאל, נוֹסַף בָּהּ אִסּוּר לְיַעֲקוֹב אִסּוּר אֵשֶׁת אֲחִי אָבִיו. מֵת יִשְׁמָעֵאל וְנָפְלָה לְיִבּוּם לִפְנֵי יִצְחָק, וְעָבַר יִצְחָק וְיִבְּמָהּ, אַף עַל פִּי שֶׁהִיא שְׁנִיָּה לוֹ - מִתּוֹךְ שֶׁנֶּאֶסְרָה עַל שְׁאָר אֶחָיו, נוֹסַף בָּהּ אִסּוּר לְיַעֲקוֹב מִשּׁוּם אֵשֶׁת אָבִיו וּמִשּׁוּם אֵשֶׁת אִישׁ שֶׁשְּׁנֵי הָאִסּוּרִין בָּאִין כְּאַחַת.
Now if Jacob acted inadvertently and was intimate with Serach when she was in the niddah state, during the lifetime of lsaac, her husband,33 and during the lifetime of Rachel, Jacob’s wife,34 he is liable for eight sin-offerings because of his relations with her. She is his daughter’s daughter, his wife’s sister, his daughter-in-law, the wife of his brother, the wife of his father’s brother, the wife of his father, a married woman, and in the niddah state.35 Similar laws apply in all analogous situations.אִם שָׁגַג יַעֲקוֹב וּבָא עַל סֶרַח זוֹ, כִּשֶׁהִיא נִדָּה, בְּחַיֵּי יִצְחָק בַּעְלָהּ, וּבְחַיֵּי רָחֵל אֵשֶׁת יַעֲקוֹב - הֲרֵי זֶה חַיָּב עָלֶיהָ שְׁמוֹנֶה חַטָּאוֹת: מִשּׁוּם בַּת בִּתּוֹ, וּמִשּׁוּם אֲחוֹת אִשְׁתּוֹ, וּמִשּׁוּם כַּלָּתוֹ, וּמִשּׁוּם אֵשֶׁת אָחִיו, וּמִשּׁוּם אֵשֶׁת אֲחִי אָבִיו, וּמִשּׁוּם אֵשֶׁת אָבִיו, וּמִשּׁוּם אֵשֶׁת אִישׁ, וּמִשּׁוּם נִדָּה. וְכֵן כָּל כַּיוֹצֵא בְּזֶה.
3In all situations when a woman who is forbidden as a relative becomes forbidden again due a prohibition that causes the entity to be forbidden to additional people, those additional people must be alive at that time, so that she will be forbidden to them. Then, as a result, since she becomes forbidden to them, a prohibition is also added applying to this individual.36 If, however, they are not alive, we do not say that since, would this man have had brothers or sons, she would have been forbidden to them, hence she is forbidden to the elder person. For at present, he has neither a son, nor a brother. Similar laws apply in all analogous situations.גכָּל אֵלּוּ שֶׁתֵּאָסֵר זוֹ הָעֶרְוָה עֲלֵיהֶן בְּאִסּוּר מוֹסִיף, צָרִיךְ שֶׁיִּהְיוּ הָאֲנָשִׁים הָאֲחֵרִים מְצוּיִין בָּעוֹלָם כְּדֵי שֶׁתֵּאָסֵר עֲלֵיהֶן, וּמִתּוֹךְ שֶׁתֵּאָסֵר עֲלֵיהֶן, יִתּוֹסֵף אִסּוּר אַחֵר לְזֶה; אֲבָל אִם אֵינָן מְצוּיִין, אֵין אוֹמְרִין: הוֹאִיל וְאִלּוּ הָיוּ לְזֶה בָּנִים אוֹ אַחִים הָיְתָה נֶאֱסֶרֶת עֲלֵיהֶן, יִתּוֹסֵף בָּהּ אִסּוּר לַזָּקֵן, שֶׁהֲרֵי אֵין שָׁם עַתָּה לֹא בֵּן וְלֹא אָח. וְכֵן כָּל כַּיוֹצֵא בָּהֶן.
4The following laws apply when a man is married to three women and he is intimate with the mother of one of them, and she is the mother of the mother of his second wife and the mother of the father of his third wife.37 Even though this elderly woman is his mother-in-law, the mother of his mother-in-law, and the mother of his father-in-law, and these are three distinct prohibitions and they all took effect at the same time,38 he is liable for only one sin-offering. The rationale is that the Torah uses the same phrase, Leviticus 18:17: “They are close relatives; it is a depraved design” with regard to relations with a woman and her daughter, her son’s daughter, and her daughter’s daughter.39 Thus the Torah considered the three as one body. Therefore the three prohibitions are considered as one.40דמִי שֶׁהָיָה נָשׂוּי שָׁלוֹשׁ נָשִׁים, וּבָא עַל אִמָּהּ שֶׁל אַחַת מֵהֶן, שֶׁהִיא אֵם אִמָּהּ שֶׁל שְּׁנִיָּה, שֶׁהִיא אֵם אָבִיהָ שֶׁל שְּׁלִישִׁית, אַף עַל פִּי שֶׁזְּקֵנָה זוֹ הִיא חֲמוֹתוֹ, וְאֵם חֲמוֹתוֹ, וְאֵם חָמִיו, וּשְׁלוֹשָׁה שֵׁמוֹת הֵן, וְאִסּוּר בַּת אַחַת הוּא - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת, לְפִי שֶׁנֶּאֱמַר בָּאִשָּׁה וּבִתָּהּ וּבַת בְּנָהּ וּבַת בַּתָּהּ "שַׁאֲרָה הֵנָּה זִמָּה הִיא" (ויקרא יח, יז) - הַכָּתוּב עָשָׂה הַשְּׁלוֹשָׁה גּוּפִין כְּגוּף אֶחָד, לְפִיכָךְ יֵחָשְׁבוּ הַשְּׁלוֹשָׁה שֵׁמוֹת כְּשֵׁם אֶחָד.
5If, however, one is intimate with his sister who is also the sister of his father and the sister of his mother, he is liable for three sin-offerings, as implied by Leviticus 20:17: “He revealed the nakedness of his sister.”41 One might infer that he is liable for relations with his sister independently even though she is also the sister of his mother and the sister of his father.האֲבָל הַבָּא עַל אֲחוֹתוֹ, שֶׁהִיא אֲחוֹת אָבִיו, שֶׁהִיא אֲחוֹת אִמּוֹ - חַיָּב שָׁלוֹשׁ חַטָּאוֹת, שֶׁנֶּאֱמַר "עֶרְוַת אֲחֹתוֹ גִּלָּה" (ויקרא כ, יז) - לְחַיֵּב עַל אֲחוֹתוֹ בִּפְנֵי עַצְמָהּ, וְאַף עַל פִּי שֶׁהִיא אֲחוֹת אִמּוֹ וַאֲחוֹת אָבִיו.
How is such a situation possible? A man was intimate with his mother and begat two daughters with her. He was intimate with one of these daughters and begat a son. If this illegitimate child42 will be intimate with the other daughter, who is the sister of his illegitimate mother, who is his paternal sister,43 who is also the maternal sister of his father,44 he will be liable for three sin-offerings. Similar laws apply in all analogous situations.וְהֵיאַךְ תִּהְיֶה זֹאת? כְּגוֹן שֶׁבָּא עַל אִמּוֹ, וְהוֹלִיד מִמֶּנָּה שְׁתֵּי בָּנוֹת, וּבָעַל אַחַת מִבְּנוֹתָיו, וְהוֹלִיד מִמֶּנָּה בֵּן - כְּשֶׁיָּבוֹא הַמַּמְזֵר הַזֶּה עַל הַבַּת הַשֵּׁנִית, שֶׁהִיא אֲחוֹת אִמּוֹ הַמַּמְזֶרֶת, שֶׁהִיא אֲחוֹתוֹ מֵאָבִיו, שֶׁהִיא אֲחוֹת אָבִיו מֵאִמּוֹ - חַיָּב שָׁלוֹשׁ חַטָּאוֹת. וְכֵן כָּל כַּיוֹצֵא בְּזֶה.

Quiz Yourself on Shegagot Chapter 4

Footnotes
1.

See the examples given in Chapter 6, Halachah 4, and Chapter 7, Halachah 1.

2.

In Chapter 1, Halachah 4.

3.

One for each transgression, for they are all counted individually. Keritot 2b offers several means of exegesis through which this concept is derived.

4.

I.e., there is a general principle (Hilchot Issurei Bi’ah 17:8, Hilchot Ma’achalot Assurot 9:6)“One prohibition does not take effect while another is in effect.” For example, if one partakes of a mixture of milk and meat from an animal that was not slaughtered properly, one is liable only for partaking of the non-kosher meat. He is not liable for eating milk and meat together. Nevertheless, the three situations which the Rambam proceeds to mention are exceptions.

5.

As exemplified in several of the instances the Rambam cites below.

6.

The Rambam does not give an example of this principle here. In Hilchot Ma’achalot Assurot 8:6, he does, explaining that a person who partakes of a gid hanesheh, a sciatic nerve, of an animal which is treifah is liable for two transgressions. Since when the animal became treifah, its entire body became encompassed in the prohibition, that prohibition also encompasses the gid even though it was prohibited beforehand.
The difference between an issur mosif, the instance mentioned previously, and an issur kollel, this instance, is that an issur mosif has a greater scope of relevance, i.e., it affects a wider range of people. An issur kollel does not affect more people, but it is more encompassing with regard to the forbidden entity, as evident from the example given above (see Rashi, Yevamot 34b). See also Chapter 6, Halachah 4.

7.

He is liable for these three transgressions, because all three transgressions are brought about by the same deed, the slaughter of the animal.

8.

I.e., the windpipe and the gullet.

9.

For an animal slaughtered for the sake of a false divinity may not be offered as a sacrifice to God. Chullin 40a describes the situation more picturesquely, stating: “It is as if he is cutting dust.”

10.

As Hilchot Ma’aseh HaKorbanot 18:6 states, one is liable for slaughtering a consecrated animal outside the Temple Courtyard only when it is fit to be offered as a sacrifice in the Temple.

11.

The slaughter of a fowl is acceptable if only one of the signs, the gullet or the windpipe is slit. Now, if half or less than the windpipe is slit, the animal is considered as living. Thus if half of its windpipe is slit, adding the slightest amount to the slit is considered as ritual slaughter (see Hilchot Shechitah 1:11).

12.

While outside the Temple Courtyard.

13.

I.e., the performance of forbidden labor is prohibited on both these holy days. Thus with one act, he violates two prohibitions, see Chapter 6, Halachah 6.

14.

If, however, his brother passes away childless, it is a mitzvah for him to marry his widow.

15.

For which there is a separate prohibition.

16.

I.e., when the woman married the transgressor’s brother. Significantly, Yevamot 34a, the Rambam’s source, extends the scope of the example, stating that the women married to the two brothers could have been sisters, in which case there would be another prohibition involved, because the prohibition of two sisters is an issur kollel. Rav Yosef Corcus states that the Rambam does not mention that particular, because he does not refer to an issur kollel in this chapter.

17.

I.e., the prohibitions against relations with a woman in the niddah state.

18.

More precisely, as stated in Chapter 5, Halachah 3, this is speaking about a situation where he sodomized a man and that man sodomized him. Nevertheless, since they both acted in different positions, each act of sodomy is considered a separate prohibition.

19.

The Rambam mentions the names of individuals mentioned in the Book of Genesis. In the Biblical narrative, however, not all of them share the family ties he mentions in this hypothetical situation.

20.

The father of Rachel, Jacob’s wife, but who was not related to Zilpa.

21.

These relations are permitted, because, in this hypothetical situation, Lavan does not share a blood relationship with Zilpa.

22.

I.e., the sister of Rachel who is also Jacob’s wife.

23.

I.e., Jacob is prohibited against having relations with Serach on two counts. She is his granddaughter and she is the sister of his wife.

24.

For both of these prohibitions took effect with Serach’s birth.

25.

Jacob's son.

26.

Since Reuven’s marriage caused Serach to be forbidden to his brothers, it also causes her to be forbidden to his father. Rav Yosef Corcus explains that even though the prohibitions need not be alike, i.e., Serach is not forbidden to Reuven’s brothers because of the same prohibition that she is forbidden to Jacob. There must, however, be some similarity with the prohibitions. It is not sufficient that she merely be married.

27.

The Rambam speaks of Jacob’s maternal brother, because afterwards, he speaks of Serach being married by Isaac through the rite of yibbum. If one of Jacob’s paternal brothers had married her, she would be forbidden to Isaac and the marriage between them would not be effective (Kessef Mishneh, based on Hilchot Yibbum VeChalitzah 6:8).

28.

I.e., the prohibition is an issur mossif.

29.

Who is Jacob’s uncle.

30.

Yishmael’s brother and Yaakov’s father.

31.

The Rabbis extended the prohibitions against marriage with relatives and included others who were not forbidden by Scriptural Law, as explained in Hilchot Ishut 1:5. Since the prohibition is only Rabbinic in origin, after the fact the marriage is binding.

32.

Because she was his father's wife. If, however, Jacob did not have any other brothers, Isaac's marriage to Serach would not have increased the number of individuals to whom she was forbidden. Hence, the prohibition would not be considered as an issur mosif.

33.

If Isaac was not alive, she would not be a married woman. In his Commentary to the Mishnah (Keritot 3:5), the Rambam states that it is not necessary that Isaac be alive. That, however, applies only with regard to the prohibition against relations with one's father's wife.

34.

Who is her sister. One is liable for relations with two sisters only while both are alive.

35.

The wording of this halachah parallels the amended text of the Rambam’s Commentary to the Mishnah (op. cit.), as communicated by Rav Kappach in his translation. The standard published text follows a slightly different version.

36.

I.e., in the last instance, Jacob must have paternal brothers for his father's marriage to Serach to bring about an additional prohibition for him. If he does not have paternal brothers, the fact that hypothetically, a prohibition could have been added is not of consequence.

37.

To speak in terms of Biblical relationships: Jacob married Leah, the daughter of Lavan; he also married the daughter of Rachel (Rachel also being Lavan’s daughter and Leah’s sister); and he married the daughter of Lavan’s son. Thus Lavan’s wife is Jacob’s mother-in-law, the mother of his wife’s mother, and the mother of his wife’s father. These marriages are permissible, as stated in Hilchot Issurei Bi’ah 2:14.

38.

I.e., he consecrated the women through the activity of agents, who consecrated all of them at the same time.

39.

I.e., the verse mentions all three prohibitions and uses the same phrase, “They are close.....” to describe all three.

40.

Since the verse uses the phrase “It is a depraved design” to refer to all the prohibitions, one can infer that at times, all three prohibitions are considered as one “depraved design” and one is liable for only one sin-offering (Keritot 14b).

41.

After mentioning the prohibition once, the Torah reiterates the ban, to indicate that one is always liable for this transgression independently (Keritot 15a).

42.

The offspring of the man and his illegitimate daughter.

43.

For both the illegitimate sister and the illegitimate son were fathered by the same man.

44.

Because the same woman gave birth to both that man and his daughter.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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