Babylonian Talmud: Tractate Yebamoth

Folio 30a

MISHNAH.IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND ONE OF THE SISTERS' HUSBANDS DIED AND THE BROTHER WHO WAS MARRIED TO THE STRANGER MARRIED HIS WIFE AND THEN DIED HIMSELF, THE FIRST¹  IS EXEMPT²  AS BEING A WIFE'S SISTER, AND THE SECOND IS EXEMPT²  AS BEING HER RIVAL. IF, HOWEVER, HE HAD ONLY ADDRESSED TO HER³  A MA'AMAR AND DIED, THE STRANGER IS TO PERFORM THE HALIZAH BUT MAY NOT CONTRACT THE LEVIRATE MARRIAGE.⁴

GEMARA. The reason⁵  is because he had addressed to her³  a ma'amar;⁶  had he, however, not addressed a ma'amar to her,³  the stranger also would have had to be taken in levirate marriage.⁷  This proves, said R. Nahman, that no levirate bond exists⁸  even in the case of one brother.⁹

MISHNAH. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND WHEN THE BROTHER WHO WAS MARRIED TO THE STRANGER DIED, ONE OF THE SISTERS' HUSBANDS MARRIED HIS WIFE AND THEN DIED HIMSELF, THE FIRST¹⁰  IS EXEMPT¹¹  IN THAT SHE IS HIS WIFE'S SISTER, AND THE OTHER¹²  IS EXEMPT AS HER RIVAL. IF, HOWEVER, HE HAD ONLY ADDRESSED TO HER¹³  A MA'AMAR AND DIED, THE STRANGER MUST PERFORM HALIZAH¹⁴  BUT MAY NOT BE TAKEN IN LEVIRATE MARRIAGE.

GEMARA. What need was there again [for the law in this Mishnah]? Surely it is the same:¹⁵  If there,¹⁶  where the wife's sister is only a rival to the stranger¹⁷  it has been said that the stranger is forbidden,¹⁸  how much more so¹⁹  here where the stranger is the rival to a wife's sister!²⁰  -The Tanna had taught first this,²¹  while the other²²  was regarded by him as a permissible case, and so he permitted her.²³  Later, however, he came to regard it as a case that was to be forbidden;²⁴  and, as it was dear to him,²⁵  he placed it first; while the other Mishnah²⁶  was allowed to stand in its original form.²⁷

MISHNAH. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND WHEN ONE OF THE SISTERS' HUSBANDS DIED THE BROTHER WHO WAS MARRIED TO THE STRANGER MARRIED HIS WIFE, AND THEN THE WIFE OF THE SECOND BROTHER DIED, AND AFTERWARDS THE BROTHER WHO WAS MARRIED TO THE STRANGER DIED ALSO, BEHOLD, SHE²⁸  IS FORBIDDEN TO HIM²⁹  FOR ALL TIME, SINCE SHE WAS FORBIDDEN TO HIM FOR ONE MOMENT.³⁰

GEMARA. Rab Judah said in the name of Rab: Any yebamah to whom the instruction Her husband's brother shall go in unto her³¹  cannot be applied at the time she becomes subject to the levirate marriage, is indeed like the wife of a brother who has children, and is consequently forbidden.³²  What new thing does he³³  teach us? Surely we have learned, SHE IS FORBIDDEN TO HIM FOR ALL TIME SINCE SHE WAS FORBIDDEN TO HIM FOR ONE MOMENT! — It might have been assumed that this³⁴  applies only to the case where she³⁵  was not suitable for him³⁶  at all during the period of her first subjection;³⁷  but that where she³⁸  was at all suitable for him³⁹  during her first subjection⁴⁰  it might have been assumed that she³⁸  should be permitted, hence, he⁴¹  taught us [that It was not so].

But we have learned this also: If two brothers were married to two sisters, and one of the brothers died and afterwards the wife of the second brother died, behold, she⁴²  is forbidden to him for all time, since she was forbidden to him for one moment!⁴³  — It might have been assumed [that this law is applicable] only there because she was completely forced out of that house;⁴⁴  but here, where she was not entirely forced out of that house,⁴⁵  it might have been said that as she is suitable for the brother who married the stranger she is also⁴⁶  suitable for the other brother,⁴⁷  hence he⁴¹  taught us [that she was not].

MISHNAH. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND ONE OF THE SISTERS' HUSBANDS DIVORCED HIS WIFE, AND WHEN THE BROTHER WHO WAS MARRIED TO THE STRANGER DIED HE WHO HAD DIVORCED HIS WIFE MARRIED HER AND THEN DIED HIMSELF- THIS IS A CASE CONCERNING WHICH IT WAS SAID: AND IF ANY OF-THESE DIED OR WERE DIVORCED. THEIR RIVALS ARE PERMITTED.⁴⁸

GEMARA. The reason⁴⁹  is because he⁵⁰  had divorced [his wife first] and [his brother]⁵¹  died afterwards,⁵²  but [if the other]⁵¹  had died [first] and he⁵⁰  divorced [his wife] afterwards,⁵³  she⁵⁴  is forbidden.⁵⁵  Said R. Ashi: This proves that a levirate bond exists,⁵⁶  even where two brothers are involved.⁵⁷

But as to R. Ashi's [inference] does not that of R. Nahman⁵⁸  present a difficulty? — R. Ashi can answer you: The same law, that the stranger is to perform the halizah and that she is not to be taken in levirate marriage.is applicable⁵⁹  even to the case where no ma' amar had been addressed; and the only reason why ma'amar was at all mentioned⁶⁰  was in order to exclude the ruling of Beth Shammai. Since they maintain that a ma'amar constitutes

1. Widow, who is now also the widow of the second deceased brother.
2. From levirate marriage and halizah with the surviving brother.
3. The first widow.
4. With the surviving brother.
5. Why the stranger is not to be taken in levirate marriage.
6. Since our Mishnah makes the stranger's exemption dependent on the ma'amar, whereby she became the first widow's rival.
7. Despite the fact that the first widow is also subjected to the levir for the levirate marriage.
8. Between the widow of the deceased brother and the levirs.
9. As here, where only one brother could possibly marry her, she being forbidden to the other as his wife's sister. Even in such a case the mere subjection of the widow to the levir (to be taken in levirate marriage or to perform the halizah) does not constitute a levirate bond to attach her to him as if she had been his actual wife.
10. Wife of the second deceased brother.
11. From marriage and halizah with the surviving brother.
12. The stranger. whom the second deceased brother had taken in levirate marriage.
13. To the stranger.
14. With the surviving brother.
15. As the law implied in the previous Mishnah.
16. In the previous Mishnah.
17. Who was the first and proper wife.
18. To be taken in levirate marriage.
19. Should the stranger be forbidden to be taken in levirate marriage.
20. Who was the first and proper wife.
21. The second Mishnah.
22. Mishnah, which is now the first.
23. l.e., allowed the stranger to be taken in levirate marriage by the surviving brother, because the prohibition that arose from her husband's 'wife's sister' was imposed upon her later, after she had been lawfully married to her husband and after a period during which, had he died without issue, she would have been permitted to be taken in levirate marriage by his brother. It was not the Tanna's Intention, therefore, to include this case in a Mishnah at all.
24. Since her rival was, after all, the surviving brother's wife's sister.
25. Owing to its novelty.
26. The second Mishnah.
27. Lit., 'did not move from its place'. though in the light of the newly added Mishnah it had obviously become superfluous.
28. The wife of the first brother.
29. The surviving brother.
30. Lit., 'hour'. When her husband died she was forbidden to his brother who was married to her sister as his 'wife's sister'. This prohibition remains permanently in force and is not removed even when her sister subsequently dies and she is no longer the levir's 'wife's sister'.
31. Deut. XXV, 5'
32. Even later when the cause of the prohibition is removed. Cf. our Mishnah.
33. Rab.
34. The law in our Mishnah.
35. The widow of the first brother.
36. The brother who was married to the second sister.
37. I.e., if her sister, the wife of the second brother, did not die until after she had married the brother whose wife was the stranger.
38. The widow of the first brother.
39. The brother who was married to the second sister.
40. If her sister died before she (the first widow) had married the other brother.
41. Rah.
42. The widow of the first brother.
43. Infra 32a.
44. When her husband died and she was not permitted to marry his only surviving brother whose wife's sister she was, her connection with her husband's family had been completely severed, she remaining free to marry any stranger.
45. Since she was still under the obligation of marrying the third brother who was married to the stranger.
46. Thanks to the levirate bond with a member of her deceased husband's family.
47. Who was the husband of her sister, now that the latter is dead.
48. The stranger who was taken in levirate marriage was never the rival of the sister of the wife of the surviving brother, since the sister had been divorced before the levirate marriage with the stranger had taken place.
49. Why the stranger who was taken in levirate marriage by one of the husbands of the sisters is permitted to the last surviving brother.
50. The brother who divorced his wife.
51. The first husband of the stranger.
52. So that the stranger was not even for one moment the rival of one of the sisters, either through marriage or through the levirate bond of subjection.
53. In which case the stranger came for a certain period under the levirate bond in respect of the husbands of the two sisters.
54. The stranger.
55. To marry the last surviving brother. Since she was, for a period at least, the rival of one of the sisters, through the levirate bond, she may never be married to the husband of that sister's sister (being forbidden to him as the rival of his wife's sister) even if the sister whose rival she was had been subsequently divorced and ceased to be her rival.
56. Between the widow of a deceased childless brother and the levirs.
57. Since, in the case under discussion, the widow whose husband died before one of the sisters had been divorced was subject to two levirs and is, nevertheless, regarded as the rival of the divorced sister, in consequence of which she is forbidden to the last surviving brother.
58. From a Mishnah supra, that no levirate bond exists even in the case of one brother.
59. Contrary to R. Nahman's inference.
60. In that Mishnah.

a perfect kinyan,¹  he taught us²  that [the halachah is] not in accordance with Beth Shammai.

But then as to R. Nahman's [inference] does not that of R. Ashi present a difficulty? And should you reply that the same law, that her rival is permitted,³  is also applicable to the case where he⁴  died first and the other brother⁵  divorced his wife afterwards,⁶  what [it could be objected] would THIS IS exclude? It might exclude the case where he⁵  married her⁷  first and then divorced his wife.⁸  This might be a satisfactory explanation if he⁹  holds the view of R. Jeremiah who said, 'Break it up: He who taught the one did not teach the other,'¹⁰  [for, if this is so]. one Tanna may hold the opinion that it is death¹¹  that causes the subjection¹²  while the other might be of the opinion that it is the original marriage¹¹  that causes the subjection,¹³  and THIS IS would thus exclude the case where he first married⁷  and then divorced;¹⁴  if, however, he is of the same opinion as Raba who said, 'Both statements may in fact represent the views of one Tanna, it being a case of "this and there is no need to state that"',¹⁵  what does THIS IS exclude?¹⁶  — He⁹  has no alternative but to adopt the view of R. Jeremiah.

And according to Raba,¹⁷  the explanation would be satisfactory if he held the View of R. Ashi,¹⁸  for then, THIS IS would exclude the case of one who died without first divorcing his wife;¹⁹  if, however, he holds the same view as R. Nahman,²⁰  what would THIS IS exclude?²¹  -He²²  has no alternative but to accept the view of R. Ashi.

MISHNAH. [IF IN THE CASE OF ANY ONE OF] ALL THESE²³  THE BETROTHAL OR DIVORCE²⁴  WAS IN DOUBT, BEHOLD, THESE RIVALS MUST PERFORM THE HALIZAH²⁵  BUT MAY NOT BE TAKEN IN LEVIRATE MARRIAGE.²⁶  WHAT IS MEANT BY DOUBTFUL BETROTHAL? IF WHEN HE THREW TO HER A TOKEN OF BETROTHAL²⁷  IT WAS UNCERTAIN WHETHER IT FELL NEARER TO HIM²⁸  OR NEARER TO HER,²⁹  THIS IS A CASE OF DOUBTFUL BETROTHAL. DOUBTFUL DIVORCE? IF HE WROTE A LETTER OF DIVORCE IN HIS OWN HANDWRITING AND IT BORE NO SIGNATURES OF WITNESSES,³⁰  OR³¹  IF IT BORE SIGNATURES BUT NO DATE, OR IF IT BORE A DATE BUT THE SIGNATURE OF ONLY ONE WITNESS, THIS IS A CASE OF DOUBTFUL DIVORCE.

GEMARA. In the case of divorce, however, It is not stated IT WAS UNCERTAIN WHETHER IT FELL NEARER TO HIM OR NEARER TO HER; what is the reason?³²  -Rabbah replied: This woman³³  is in a state of permissibility to all men;³⁴  would you forbid her [marriage] because of a doubt?³⁵  You must not forbid her because of a doubt!³⁶  Said Abaye to him: If so, let us also in the matter of betrothal say: This woman³⁷  is in a state of permissibility to the levir;³⁸  would you forbid her³⁹  because of a doubt? You must not forbid her because of a doubt! — There⁴⁰  [it leads] to a restriction.⁴¹  But it is a restriction which may lead to a relaxation! For, sometimes, he would betroth her sister⁴²  by betrothal that was not uncertain, or it might occur that another man would betroth her also by a betrothal that was not uncertain and, as the Master has forbidden her rival to be taken in levirate marriage. it would be assumed that the betrothal of the first⁴³  was valid and that that of the latter was not!⁴⁴

1. And not even halizah is required.
2. By stating that halizah must be performed.
3. To the third surviving brother.
4. The first husband of the stranger.
5. The brother who divorced his wife.
6. The levirate bond with the stranger, prior to the divorce of his wife, not constituting the one woman a rival of the other.
7. The stranger.
8. In such a case, since she was actually married, the stranger is regarded as the rival of the third brother's wife's sister, though at the time she becomes subject to him she and his wife's sister have ceased to be rivals.
9. R. Nahman.
10. Supra 13a.
11. Of the childless brother.
12. Of the widow to the levir.
13. v. previous note and supra p. 65, n. 7.
14. His wife.
15. V. supra p. 65, n. 14 and cf. p. 65, n. 12, so that even if marriage of the stranger took place prior to the divorce of the other, the former, after divorce had taken place, is permitted, even according to the Tanna of our Mishnah.
16. When the levirate marriage is permitted in both these cases.
17. Who holds that the subjection to the levirate marriage is caused by the death of the childless brother, and that the rival is permitted to the surviving levir even if the deceased had married her prior to his divorcing his wife, who is the sister of the surviving levir's wife.
18. That a levirate bond exists.
19. And without marrying the stranger who would, nevertheless, be forbidden to the surviving third brother on account of the levirate bond.
20. That no levirate bond exists.
21. In view of the fact that levirate marriage is permitted in all cases except one, where the second brother took the stranger in levirate marriage and did not divorce his wife, a case which was explicitly stated and required no expression like THIS IS to exclude it.
22. Raba.
23. Fifteen relatives enumerated in the first Mishnah of the Tractate, supra 2af.
24. On the part of the deceased childless brother.
25. Since it is possible that the betrothal was, or that the divorce was not valid, and they are consequently the rivals of a forbidden relative.
26. It being possible that the betrothal was not, or that the divorce was valid and they are, therefore, not rivals of a forbidden relative.
27. While they were both standing in a public domain and a distance of exactly eight cubits intervened between them.
28. I.e., within the four cubits nearest to him.
29. Within her four cubits. The person within whose four cubits the object rested is deemed to be the legal possessor.
30. A document in one's own handwriting. even though it is not signed by witnesses, is within certain conditions and limitations deemed to be valid. V. B.B. 175b.
31. Where it is not in his own handwriting.
32. Why should not even halizah on the part of the rival, be required in such a case?
33. The rival.
34. Lit., 'to the market', i.e., the public. The rival of a forbidden relative, not being subject to levirate marriage or halizah. is permitted to marry any one she desires.
35. The possibility that the forbidden relative's divorce was valid.
36. The doubt here being whether the forbidden relative was divorced at all. In the three cases of divorce mentioned in our Mishnah, however, the prohibition Is not due to doubtful divorce but to a defect or an irregularity in the document itself.
37. The rival.
38. Had her husband died childless before he married the forbidden relative.
39. To be taken in levirate marriage.
40. The case of doubtful betrothal.
41. The prohibition to marry the levir.
42. The sister of the one whose betrothal was doubtful.
43. Since her rival is forbidden.
44. Because, in the first case, he betrothed his wife's sister; and, in the second, he betrothed a married woman. In the latter case, the betrothal being regarded as invalid, the woman might illegally marry another man. In the former case, should he die without issue, his maternal brother might illegally marry her, believing her never to have been the wife of his brother.