משנה: חָתָן פָּטוּר מִקִּרְיַת שְׁמַע לַיְלָה רִאשׁוֹן עַד מוֹצָאֵי שַׁבָּת אִם לֹא עָשָׂה מַעֲשֶׂה. מַעֲשֶׂה בְרַבָּן גַּמְלִיאֵל שֶׁנָּשָׂא וְקָרָא לַיְלָה הָרִאשׁוֹן. אָֽמְרוּ לוֹ תַלְמִידָיו לִימַּדְתָּנוּ רַבֵּינוּ שֶׁחָתָן פָּטוּר. אָמַר לָהֶם אֵינִי שׁוֹמֵעַ לָכֶם לְבַטֵּל מִמֶּנִּי מַלְכוּת שָׁמַיִם אֲפִילוּ שָׁעָה אַחַת. MISHNAH: The bridegroom is free from reciting the Shema‘ in the first night250Since he is unable to concentrate in anticipation of his first night with his bride. The bride, as a woman, has no obligation to recite Shema‘ since this is a positive commandment occurring at stated times and does not apply to women.; until the end of Sabbath if he did not do the act251It was common usage even in seventeenth Century Germany that couples who married Wednesday night had their first sexual relations the night following the Sabbath, cf. Minhagim of the Community of Worms by R. Yospe Shamash, ed. I. Zimer, I. M. Peles, vol. 2, p. 47; there the editor gives several conjectural reasons in note 16. He also indicates that this is a possible reflection of old usages from the Land of Israel, never followed in Babylonia. It seems to me that the usage is quite understandable if it is noted that bride and bridegroom were in their low teens, the girl possibly even a pre-teen. The marriage was arranged by the parents, with minimal involvement of the parties to the wedding. Some time was needed for the parties to get acquainted enough to get intimate.. An action: Rabban Gamliël married and recited in the first night252Since he already had the title “Rabban” and had students of his own, it is obvious that he was not a teenager and the marriage was not his first. Hence, his level of anxiety was low.. His students said to him: Our teacher, did you not teach us that the bridegroom is free? He said to them: I will not listen to you to lift from me the Kingdom of Heaven even for one hour.
הלכה: רִבִּי אֶלְעָזָר בֶּן אַנְטִיגְנֹס בְּשֵׁם רִבִּי אֶלְעָזָר בֵּי רִבִּי יַנַּאי זֹאת אוֹמֶרֶת שֶּׁמּוּתָּר לִבְעוֹל בְּעִילָה בִּתְחִילָּה בְשַׁבָּת. אָמַר רִבִּי חַגַּיי קוֹמֵי רִבִּי יוֹסֵה תִּיפְתַּר בְּאַלְמָנָה שֶׁאֵינָהּ עוֹשֶׂה חַבּוּרָה. אָמַר לֵיהּ וְהָא תַנִּינָן אַרְבָּעָה לֵילוֹת. אִית לָךְ לְמֵימַר אַרְבָּעָה לֵיְלוֹת בְּאַלְמָנָה. HALAKHAH: Rebbi Eleazar ben Antigonos253An Israeli Amora of the second generation who always reports in the name of R. Eleazar, son of R. Yannai. in the name of Rebbi Eleazar the son of Rebbi Yannai: This means that it is permitted to start sexual relations on the Sabbath254Since the groom is free from reciting the Shema‘ Friday evening if he did not yet have intercourse with his wife, it follows that we expect him to be anxious about it also Friday night. If he were not allowed to have intercourse, then he could defer his anxiety for a day and recite Shema‘. The problem is that he will make a wound in deflowering his wife and, in the normal case of a very young girl, the making of the wound is automatic. Now, the making of a wound is forbidden on the Sabbath but, according to Rebbi Simeon (bar Yoḥai), any work not done for its own sake is not forbidden, except in the case of an automatic consequence (פסיק רישא “cut off its head, will it not die?’). For the very young girls discussed here, the wound might be an automatic consequence.
The entire discussion belongs more to Niddah X:1 where all the parallels in the Babli are found. The second part of the Yerushalmi Niddah is lost and it cannot be ascertained anymore whether the entire discussion of our Mishnah is taken from there.. Rebbi Ḥaggai said before Rebbi Yose: Explain it for a widow where he does not make a wound. He answered him: Did we not formulate “Four nights?255This refers to the first Mishnah in the last chapter of tractate Niddah: “About a young girl who marries before puberty, the House of Shammai say that one allows four nights and the House of Hillel say until the wound is healed” (one does not suspect any blood to be menstrual). While it is quite possible that a very young girl can already be a widow, the Mishnah cannot apply to her since the marriage festivities of a widow are only three days (Thursday, Friday, Sabbath) while those of a virgin are seven days (Ketubot 1:1:2-17" href="/Jerusalem_Talmud_Ketubot.1.1.2-17">Ketubot 1:1). Hence, we cannot talk here about a widow.” Can you say four nights for a widow?
אָמַר רִבִּי יַעֲקֹב בַּר זַבְדִּי קַשְׁייָתָהּ קוֹמֵי רִבִּי יוֹסֵי מַה בֵינָהּ לְבֵין שׁוֹבֵר אֶת הֶחָבִית לֶאֱכוֹל מִמֶּנָּה גְרוֹגֶרוֹת. אָמַר לֵיהּ וָמוֹר דְּבַתְרָהּ וּבִלְבַד שֶׁלֹּא יִתְכַּוֵּין לַעֲשׂוֹתָהּ כֵּלִי. וְכַאן שֶׁמִּתְכַּוֵּין לַעֲשׂוֹתָהּ בְּעוּלָה כְּמִי שֶׁמִּתְכַּוֵּין לַעֲשׂוֹתָהּ כֵּלִי. רַב יִצְחָק בַּר רַב מְשִׁירְשִׁיָּא אוֹ מַקְשֵׁי מַה בֵינָהּ לְמֵיפִיס מוּרְסָא בְשַׁבָּת. אָמַר לֵיהּ וָמוֹר דְּבַתְרָהּ וּבִלְבַד שֶׁלֹּא יִתְכַּוֵּין לַעֲשׂוֹתָהּ פֶּה. וְכַאן מִתְכַּוֵּין שֶׁהוּא מִתְכַּוֵּין לַעֲשׂוֹתָהּ בְּעוּלָה כְּמִי שֶׁהוּא מִּתְכַּוֵּין לַעֲשׂוֹתָהּ כֵּלִי. Rebbi Jacob bar Savdi256An Amora of the fourth generation, probably somewhat older than Rebbi Yose. said: I asked the question before Rebbi Yose: What is the difference between her and him who breaks a clay amphora in order to eat a dried fig from it257This refers to Mishnah Šabbat XXII:3: “One may break a clay amphora (whose top has been closed off by solid clay) in order to eat a dried fig from its contents, but he may not have the intent to make it into a permanent vessel,” i. e., he may not break the seal open in such a way that it needs no more action after the Sabbath to make the opening a permanent one that is easy to use. This follows the principle quoted before that according to R. Simeon, work not needed for its own sake is not forbidden on the Sabbath. Even R. Yehudah, who disagrees and states that any complete work is forbidden on Sabbath irrespective of intent, will agree that breaking off an irregular piece of the covering does not constitute complete work since it needs further regularization after the Sabbath. Rebbi Yose’s answer is that breaking the hymen is a complete action in itself and, therefore, both R. Simeon and R. Yehudah will forbid it: R. Simeon because of his intent and R. Yehudah because it is a complete action.
In the Babli, the deflowered woman is called a vessel; the Yerushalmi only compares her to a vessel.? He said to me: But it says afterwards, “only he should have no intent to make it into a usable vessel.” And here when he has the intention of making her a married woman it is as if he had the intention of making her into a vessel. Rav Isaac bar Rav Meshirshia258In the Babli, the name is Mesharshia. He is a Babylonian who was associated with the last editors of the Yerushalmi and the first editor of the Babli. In the Ketubot.6b">Babli (Ketubot 6b), the same question is asked by Rebbi Ammi, the Galilean authority two generations earlier. said similarly: What is the difference between her and him who opens a boil on the Sabbath259Which is allowed (Babli Šabbat 107a) for the same reason as why the top of an amphora may be broken, with the same restriction as to intent.? He said to him, but it says afterwards: “only he should have no intention of making a permanent opening.” And here when he has the intention of making her a married woman it is as if he had the intention of making her into a vessel260In the Rome ms. and Geniza fragments, the last statement reads: לעשות לה פה “(He has the intention) to make her a permanent opening.” Our text probably is dittography..
תַּנִּי לֹא יִבְעוֹל אָדָם בְּעִילָה לְכַתְּחִילָּה בְשַׁבָּת מִפְּנֵי שֶׁהוּא עוֹשֶׂה חַבּוּרָה וַאֲחֵרִים מַתִּירִין. אָמַר רִבִּי יוֹסֵי בֵּי רִבִּי אָבוּן טַעֲמוֹן דַּאֲחֵרִים לִמְלַאכְתּוֹ הוּא מִתְכַּוֵּין. מֵאֵילֶיהָ נַעֲשֶׂה חַבּוּרָה. אַסִּי אָמַר אָסוּר. בִּנְיָמִן גִּנְזַכַּיּיָה נָפַק וָמַור מִשְׁמֵיהּ דְּרַב מוּתָּר. שָׁמַע שְׁמוּאֵל וְאִיקְפִּד עִילוֹי וּמִית וְקָרֵי עִילוֹי בָּרוּךְ שֶׁנָּגְפּוֹ. וְעַל רַב קָרֵי לֹא יְאוּנֶּה לַצַּדִּיק כָּל־אָוֶן. It was stated261This baraita is also quoted in Ketubot.5b">Babli Ketubot 5b, where it is determined that “others” means R. Simeon who states that an action not expressly intended is not forbidden on the Sabbath. It is explained there, that even though R. Simeon forbids actions which automatically imply some other action that desecrates the Sabbath, here he allows a first sex act on Sabbath since splitting the hymen is not a necessary consequence if the male partner is considerate (and, consequently, an intact hymen is no guarantee of virginity.) Since we decide on the Sabbath according to the opinion of Rebbi Simeon and since the medical statement is by Samuel, the greatest medical authority in the Babli, it is clear that the Babli decides that first sex relations on Friday night are permitted. (In the Middle Ages, poor people married on Friday afternoon in order to save expenses for a separate wedding meal.) It is seen here that the Yerushalmi is strictly of the opposite opinion; hence, the identity of “others” is not determined here.: “A man should not have first sexual relations on the Sabbath because he makes a wound; but others allow it.” Rebbi Yose bar Abun said: The reason of the others is that he is intent on his job; the wound results automatically262Hence, the act is permitted according to R. Simeon.. Assi263His alter ego, Ammi, is quoted in the Babli as the first authority who allows it. said, it is forbidden. Benjamin from Ginzak264Ginzak (“city of the treasury”) is the capital of Media, called Gazaka by Ptolemy. Another version is told in the Niddah.65a">Babli, Niddah 65a. According to the version which allows first sex acts on the Sabbath, Benjamin, called there “from Saqasan”, tried to follow a ruling attributed to Rav to the effect that a second sex act would be permitted even without waiting the seven days of a cleansing period regularly required of a menstruating women, and applied to the newlyweds since blood from the breaking of the hymen is indistinguishable from menstrual blood, as discussed in the following section. In the Babylonian version, Benjamin tried to act according to this ruling but he died before he could do so. went out and said in the name of Rab, it is allowed. Samuel heard it and resented it, he [Benjamin] died, he [Samuel] recited for him: praised be He Who smote him265“קרי” means “recited a Biblical verse”. There is no such verse but its intent is close to 1Sam. 25:39.. About Rav, he [Samuel] recited: (Proverbs.12.21">Prov. 12:21) “The just will cause no wrong.”
שְׁמוּאֵל אָמַר כָּל־הַהִיא הִילְכְתָא דְּרֵישֵׁיהּ דְּפִירְקָא אֲחָרִייָא דְנִידָּה לַהֲלָכָה אֲבָל לֹא לְמַעֲשֶׂה. רִבִּי יַנַּיי עָרַק אֲפִילוּ מִתִּינּוֹקֶת שֶׁלֹּא הִגִּיעַ זְמַנָּהּ לִרְאוֹת וְנִישְׂאֵת. בָּעוּן קוֹמוֹי רִבִּי יוֹחָנָן מַהוּ לִבְעוֹל בְּעִילָה שְׁנִייָה. אָֽמְרִין לִתְלוֹת בְּדַם הַמַּכָּה לֹא הוֹרֵי וְלִבְעוֹל בְּעִילָה שְׁנִייָה הוּא מוֹרֵייא. מַה צְרִיכָה לָהּ בְּשֶׁבָּאוּ לֵיהּ יְמֵי הֶפְסֵק יְמֵי טָהֳרָה בֵּנְתַיִם. אָמַר רִבִּי אַבָּהוּ שׁוּשְׁבִּינֵיהּ דְּרִבִּי שִׁמְעוֹן בַּר אַבָּא הֲוֵינָא שְׁאֵלִית לְרִבִּי אֶלְעָזָר מַהוּ לִבְעוֹל בְּעִילָה שְׁנִייָה וְשָׁרָא לֵיהּ דְּהוּא סָבַר כַּהֲדָא דִשְׁמוּאֵל. דִּשְׁמוּאֵל אָמַר פִּירְצָה דְחוּקָה נִכְנָסִין בָּהּ בְּשַׁבָּת אֲפִילוּ מִשְׁרָת צְרוֹרוֹת. אָמַר רִבִּי חַגַּי שׁוּשְׁבִּינֵיהּ דְּרִבִּי שְׁמוּאֵל קַפּוֹדְקִיָּא הֲוֵינָא שְׁאֵילִית לְרִבִּי יֹאשִׁיָּה וְשָׁרַע מִינֵיהּ. שְׁאֵילִית לְרִבִּי שְׁמוּאֵל בַּר רַב יִצְחָק אָמַר לִי מֵעַתָּה אֵי זֶה דַם נִידָּה וְאֵי זֶה דַם בְּתוּלִים. תַּנִּי כַּלָּה אֲסוּרָה לְבֵיתָהּ כָּל־שִׁבְעָה וְאָסוּר לִיטוֹל מִמֶּנָּה כוֹס שֶׁל בְּרָכָה דִּבְרֵי רִבִּי אֱלִיעֶזֶר. מַאי טַעֲמָא דְּרִבִּי אֱלִיעֶזֶר אִי אֶיפְשַׁר שֶׁלֹּא יֵצֵא דַם נִידָּה עִם דַּם בְּתוּלִים. Samuel said: All the rules spelled out at the start of the last chapter of Niddah are theoretical and not for practical application266The rules allowing more than one sex act with newlywed virgins while either the wound is not healed or seven days had not passed since the wedding night. The same statement of Samuel is in Niddah.65a">Babli Niddah 65a.. Rebbi Yannai fled even from married pre-puberty girls267He refrained from touching them, just as it is forbidden to touch a married woman after puberty.. They asked before Rebbi Yoḥanan: What about a second sex act? They said, he did not teach to take all for blood of the wound, how could he rule for a second sex act268In the wedding night, where according to him only one sex act is allowed. “He” is R. Yoḥanan.? What we are asking about is the case when there were days of interruption, days of purity, in between269That means that when a man married a virgin and the required time has passed since the wedding night it turns out that the first night in which a second sex act is permissible would be a Sabbath. This is a valid question for the Yerushalmi which forbids a first act on the Sabbath; there is some chance that a second act will again produce some minor lesion and some drops of blood.. Rebbi Abbahu said: I was the best man of Rebbi Simeon bar Abba and I asked Rebbi Eleazar: is it possible to have the second sex act? He permitted it, since he holds like Samuel, and Samuel said: One may enter a narrow gap270In a dirt wall. The statement of Samuel is also in Ketubot.6b">Babli Ketubot 6b and is used there for the same argument as here. on the Sabbath, even if one rubs off some pebbles. Rebbi Ḥaggai said: I was the best man of Rebbi Samuel the Cappadocian271Like all other authorities quoted here, an Amora of the third generation, of the circle of students of Rebbi Yoḥanan.; I asked Rebbi Josiah and he shrank from it272He refused to give an opinion. It is not 100% clear what Rebbi Ḥaggai asked, but we may assume that his question was identical with that of Rebbi Abbahu.. I asked Rebbi Samuel bar Isaac; he said: now, what is blood of a period and what is blood of virginity273It seems impossible to decide, since on the one hand we allow an occasional rubbing off, and, hence, in our case an occasional drop of blood, following Samuel, but on the other hand we treat every drop of blood on female genitals as menstrual and necessitating seven days of cleansing when all bodily contact between spouses is forbidden.? It was stated274In a slightly different wording this is a baraita in Massekhet Kallah 1 (a collection in the Yerushalmi tradition.) At any meal during all seven days after the wedding, seven benedictions are said over a cup of wine for the newlyweds after grace is recited. The bride is required to drink from the cup of which her husband drank, as a fertility rite. Rebbi Eliezer notes that the groom is not allowed to take the cup back from the bride since she has to follow all the rules of the menstruating woman.: “The bride is forbidden for her house all seven days and he may not take from her the cup of blessings, the words of Rebbi Eliezer.” What is the reason of Rebbi Eliezer? It is impossible that not some menstrual blood be mixed in the blood of virginity.