fragrant spices.
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.
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.
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.
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.
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.
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.
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?
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.
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.
§ 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.
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.
Rav Kahana’s colleagues thought to perform an action in accordance with the opinion of Rabbi Yehuda in the mishna, and to permit a young girl who had grown two pubic hairs to perform refusal, even though she had engaged in intercourse with her husband after growing two hairs. They held that until the pubic hair grows to the extent that the black hair is preponderant in the pubic area, her betrothal does not apply by Torah law.
Rav Kahana said to his colleagues: Didn’t the incident involving Rabbi Yishmael’s daughter, who was married as a minor by her mother and brothers after her father’s death, transpire in that manner? As she came to the study hall to refuse her marriage, and her son was riding on her shoulders. And on that very day, Rabbi Yishmael’s statement, that a young girl may perform refusal even if she engaged in intercourse with her husband after growing two hairs, was mentioned in the study hall. And she cried with a great weeping in the study hall, as a result of the incident.
The Sages who were in the study hall said: Could it be that with regard to a matter that that righteous Rabbi Yishmael said, i.e., that she can perform refusal, his offspring would stumble upon it? The consequence of her refusal is that she is considered to have borne the child retroactively out of wedlock.
As Rav Yehuda said that Shmuel says in the name of Rabbi Yishmael: The verse states with regard to a sota: “And neither was she taken” (Numbers 5:13), i.e., raped. In this case she is prohibited to her husband. It may be inferred that if she was taken forcefully she is permitted to her husband. And there is a case of another woman where, even though she was not taken forcefully, but was willing, she nevertheless remains permitted. And which case is this? This is referring to one whose betrothal was a mistaken betrothal, as, even if her son from this marriage is riding on her shoulders she may perform refusal and go off as pleases her. Although she engaged in intercourse with her husband after growing two pubic hairs, she was relying on the original betrothal, which was a mistaken betrothal, and did not intend to become betrothed to him by means of this intercourse, which would have rendered her betrothed by Torah law. She may therefore nullify the betrothal by means of refusal.
And the Gemara relates that as a result of the event involving Rabbi Yishmael’s daughter, the Sages assembled, counted the votes, and concluded: Until when may a young girl perform refusal? Until she grows two pubic hairs. Once Rav Kahana’s colleagues heard this, they retracted and did not perform an action in accordance with the opinion of Rabbi Yehuda in the mishna, to permit the girl to perform refusal as they had originally planned.
The Gemara further relates that Rabbi Yitzḥak and the disciples of Rabbi Ḥanina performed an action in accordance with the opinion of Rabbi Yehuda in the mishna, and permitted a young girl who had grown two pubic hairs to perform refusal, even though she had engaged in intercourse with her husband after growing two hairs. Rav Shemen bar Abba subsequently went and stated this story before Rabbi Yoḥanan, and Rabbi Yoḥanan went and stated it before Rabbi Yehuda Nesia. Rabbi Yehuda Nesia sent a constable [ballasha] and removed that girl from her second husband.
With regard to Rabbi Yehuda’s opinion, that the black hair must be preponderant in the pubic area, Rav Ḥisda says that Mar Ukva says: This does not mean that the black hair must literally be preponderant in the pubic area. Rather, there must be two hairs lying down, so that it appears as though the black hairs in the pubic area cover an area greater than the white area uncovered by hair. Rava says: Rabbi Yehuda means that there are two hairs that surround the pubic area from end to end.
§ The mishna teaches that the growth of two hairs is a sign of becoming an adult. The Gemara clarifies the details of this halakha. Rabbi Ḥelbo says that Rav Huna says: These two hairs that the Sages said are a sign of adulthood must have follicles at their roots. Rav Malkiyyu says that Rav Adda bar Ahava says: If there are two follicles next to each other, they constitute a sign of adulthood even if there are no hairs in them. The assumption is that follicles do not exist without hair, and therefore there must have been hairs there that fell out.
This halakha was stated by a Sage by the name of Rav Malkiyyu. To prevent confusion between his rulings and those of the similarly named Rav Malkiyya, Rabbi Ḥanina, son of Rav Ika, says: The halakha involving a skewer, the halakha with regard to maidservants, and the halakha involving hair follicles were all stated by Rav Malkiyyu. By contrast, the halakha with regard to the forelock [belorit], the halakha involving burnt ashes, and the halakha with regard to cheese were all stated by a different Sage named Rav Malkiyya.
Rav Pappa says: The aforementioned halakhot that relate to a mishna or a baraita were stated by Rav Malkiyya, whereas halakhot that do not refer to a mishna or baraita but are independent statements of amora’im were taught by Rav Malkiyyu. And a mnemonic to remember this is: The mishna is a queen [malketa], i.e., the comments that are referring to a mishna were issued by Rav Malkiyya, whose name is similar to the Aramaic term for queen.
The Gemara asks: What is the difference between the opinion of Rabbi Ḥanina, son of Rav Ika, and Rav Pappa? The Gemara answers: The difference between them is with regard to which Sage taught the halakha involving maidservants. Rav Pappa maintains that it was taught by Rav Malkiyya, as it is referring to a dispute in a mishna. By contrast, according to Rabbi Ḥanina, this halakha was stated by Rav Malkiyyu.
With regard to the halakha of Rav Malkiyyu itself, concerning follicles, Rav Ashi says: Mar Zutra told me that Rabbi Ḥanina of Sura posed the following difficulty: If it is correct that follicles suffice as a sign of adulthood, let the tanna of the mishna not evade the issue, but rather let him teach us explicitly that follicles are a sign of adulthood even if they do not contain hair. The Gemara answers: If the mishna had taught us the case of follicles, I would say that they are not considered a sign of adulthood until there are two hairs in two follicles. By omitting any mention of follicles in the mishna, the tanna teaches us that even two hairs in one follicle are a sign of adulthood.
The Gemara asks: And is there actually a case like this, of two hairs in one follicle? But isn’t it written: “He crushes me with a tempest, and multiplies my wounds without cause” (Job 9:17); and Rava said with regard to this verse: Job blasphemed with a tempest, and with a tempest he was answered. He blasphemed with a tempest, as Job said before God: Master of the Universe, perhaps a tempest passed before You and You confused Iyyov, Job, with oyev, enemy. With a tempest he was answered, as the verse states: “Then the Lord answered
Job out of the tempest, and said” (Job 38:1–3) to him: Greatest imbecile in the world! I have created many hairs on a person’s head, and for each and every hair I created its own distinct follicle, so that two hairs should not draw sustenance from one follicle. As, were two hairs to draw sustenance from one follicle, it would weaken a man’s vision. Now if I did not confuse one follicle with another, would I confuse a man named Iyyov with oyev? This indicates that two hairs do not grow from one follicle.
The Gemara answers: It is not difficult; that statement above, that two hairs in one follicle is a valid sign of adulthood, is referring to the hairs in the rest of a person’s body, whereas this statement, that there cannot be two hairs in one follicle, is referring to the hairs on a person’s head.
Rav Yehuda says that Shmuel says: The two hairs that the Sages said are signs of adulthood are valid signs even if they are not adjacent; but rather one hair is on the spoon-shaped area above his organ and one is on the young boy’s testicles.
The Gemara notes that this is also taught in a baraita: The two hairs that the Sages said are signs of adulthood are valid signs even if one hair is on the young girl’s back, below her pubic area, and one on her lower abdomen. The same applies if one hair is on the finger joints of her hand and one hair is on the toe joints of her foot. This is the statement of Rabbi Shimon ben Yehuda, of the village of Akko, who said it in the name of Rabbi Shimon. And what do the Rabbis say about this matter? Rav Ḥisda says: According to the Rabbis, they are not a valid sign of adulthood unless the two hairs are in one place.
§ The mishna teaches that Rabbi Yehuda and the Rabbis disagree with regard to when a young girl can perform refusal. According to the Rabbis, it is until she grows two pubic hairs after she reaches the age of twelve years and one day. According to Rabbi Yehuda she still retains the right to perform refusal at that point, until the majority of the pubic area is filled with hair. In this regard, the Sages taught in a baraita: Until when can a young girl perform refusal? Until she grows two pubic hairs; this is the statement of Rabbi Meir. Rabbi Yehuda says: She can perform refusal until the area covered by the black pubic hairs is greater than the white skin of the genital area. Rabbi Yosei says: Until the nipple is surrounded by hair. Ben Shelakot says: Until the pubic area is filled with hair.
And Rabbi Shimon said: Ḥanina ben Ḥakhinai found me in the city of Tzaidan and said to me: When you reach Rabbi Akiva, say to him: Until when can a young girl perform refusal? If he says to you that she may perform refusal until she grows two pubic hairs, say to him: But didn’t ben Shelakot testify in the presence of all of you in Yavne that she may perform refusal until the pubic area is filled with hair [shetekhalkel], and you did not say anything to him, thereby indicating that you conceded to him?
Rabbi Shimon continued: When I reached Rabbi Akiva, and I said what I had been told to say to him, he said to me: I do not know what this filling with hair [kilkul] is, I don’t know any ben Shelakot, and my opinion with regard to your question, until when can a young girl perform refusal, is that she can perform refusal until she grows two pubic hairs.
MISHNA: The two white or black hairs that are mentioned with regard to disqualification of a red heifer; and the two white hairs mentioned with regard to leprous marks, i.e., that if they grow within a white leprous mark, it is impure; and the two hairs that are mentioned in every place, i.e., with regard to a young boy and girl, are significant only if they are long enough to bend the top of the hairs to reach their roots. This is the statement of Rabbi Yishmael. Rabbi Eliezer says: They must be long enough to grasp them and cut them with a fingernail. Rabbi Akiva says: They must be long enough to be cut with a pair [bezug] of scissors.
GEMARA: Rav Ḥisda says that Mar Ukva says with regard to the various opinions in the mishna on the measure of hairs: The halakha is in accordance with the statements of all of them to be stringent. One should consider it hair only if all of the criteria are met, or consider it to be hair if any one condition is met, depending on which standard yields the more stringent result.
MISHNA: With regard to a woman who sees a red stain on her garment, that woman’s reckoning is distorted. Since she does not know when the blood that caused the stain appeared, she does not know when the seven days of menstrual flow end and when the eleven days of the flow of the zava begin.
And therefore she must be concerned due to the possibility that it might have been caused by the flow of a zava. If she wore the same garment for three days on which she can assume the status of a zava, and subsequently discovered a stain with an area that is the size of at least three split beans, the concern is that on each of those three days a stain with the area of at least one split bean, the minimum area that transmits impurity, was formed. The result is that she is a greater zava and is required to count seven clean days before immersion. This is the statement of Rabbi Meir. And the Rabbis say: No configuration of stains leads to concern due to the flow of a zava.
GEMARA: The Gemara asks: Who are the Rabbis in this mishna? It is Rabbi Ḥanina ben Antigonus, as it is taught in a baraita that Rabbi Ḥanina ben Antigonus says: Stains do not lead to concern due to the flow of a zava, but stains can sometimes lead to ziva.
How so, i.e., how can stains lead to ziva according to Rabbi Ḥanina ben Antigonus? If a woman wore three different robes that had been examined by her for blood stains, and she then found a stain on each of them; or if she saw blood flowing from her body on two consecutive days and on the third day she saw a stain on one of the robes that she wore that day, those are the stains that lead to ziva.
The Gemara raises a difficulty with regard to the above statement: According to the opinion of Rabbi Ḥanina ben Antigonus, now that in a case where she sees stains on three robes we are concerned for ziva, despite the fact that she does not see the blood flowing from her body, is it necessary to state that we are concerned if she experiences bleeding from her body on two days and sees a stain on one of the robes?
The Gemara answers: It is necessary to state that, lest you say that in any case like this, where she experiences bleeding from her body on two days and on the third day she sees a stain on one of the robes, she brings an offering and it is consumed, like one who is definitely a zava. Therefore, Rabbi Ḥanina ben Antigonus teaches us that her status as a zava is uncertain, and consequently she brings a bird for a sin offering that is due to uncertainty, which is not eaten.
Rava said: With this claim Rabbi Ḥanina ben Antigonus bested the other Rabbis, who agree with the opinion of Rabbi Meir in the mishna: What is different about a stain that is less than three split beans in one place, that we are not concerned she might be a zava? The reason is that we say she saw blood on only two days. But in a case where she discovered a stain on her robe with the area of at least three split beans in one place, one can also say: The area of two and a half split beans should be attributed to blood seen from her body, but the other is the blood of a louse that was there due to the dirt associated with her bleeding.
The Gemara asks: And how do the Rabbis respond to this claim? The Gemara answers: They maintain that since it is possible to divide the stain into at least one split bean for each of the three days, we do not attribute the stain to the blood of a louse.
The Gemara raises a difficulty with regard to the statement of Rava: And according to the opinion of Rabbi Ḥanina ben Antigonus, one can infer that it is specifically in the case of a stain with the area of at least three split beans in one place that we are not concerned she might be a zava. It can be inferred from here that if it is in three places, we are concerned. But didn’t you say that if she discovered stains in three robes, yes, we are concerned, which indicates that if it is in three places on a single robe we are not concerned.
The Gemara answers that it was in accordance with the statement of the Rabbis that Rabbi Ḥanina ben Antigonus stated his opinion to them, as follows: According to my opinion, if she discovered stains in three robes, yes we are concerned, whereas if it is in three places we are not concerned. But according to your opinion, at least concede to me that where she saw a stain on her robe with the area of at least three split beans in one place, that we say that the area of two and a half split beans can be attributed to blood seen from her body, and the other is the blood of a louse that was there due to the dirt associated with her bleeding.
The Gemara asks: And how do the Rabbis respond to this claim? The Gemara answers: They maintain that since it is possible to divide the stain into at least one split bean for each of the three days, we do not attribute the stain to the blood of a louse.
§ With regard to a woman who finds a stain on her robe, the Sages taught in a baraita: In the case of a woman who sees a red stain on her garment that she wore for a number of days and she does not know when and where it is from, what is her status? If the area is large enough to be divided into three parts, where the total area is the size of three split beans, each of which is the minimum measure to render her a zava, i.e., an area the size of at least a split bean, she must be concerned that she is a zava, as this stain might be the result of seeing a sufficient measure of blood on each of three occasions. But if the stain is not that size, she does not need to be concerned.
Rabbi Yehuda ben Agra says in the name of Rabbi Yosei: Both in this case, where she saw a stain large enough to be divided into three parts, where the total area is the size of three split beans, and that case, where the stain was not that large, she must be concerned that she might be a zava. This is due to the fact that she possibly saw stains of sufficient size on only two occasions, but one was during twilight, which counts as two days, amounting to a total of three days.