Commentary for Yevamot 223:3

מיתיבי יבמה שאמרה בתוך שלשים יום לא נבעלתי בין שהוא אומר בעלתי בין שהוא אומר לא בעלתי כופין אותו שיחלוץ לה לאחר שלשים יום מבקשין הימנו שיחלוץ לה

release her by a letter of divorce.<span class="x" onmousemove="('comment',' No halizah is necessary, the woman being believed, since more than thirty days have elapsed after their marriage. ');">⁷</span> If he declares, 'I have cohabited' and she states, 'He has not cohabited with me,' It is necessary for him, even if he withdrew his statement and admitted, 'I have not cohabited', [to give her] a letter of divorce<span class="x" onmousemove="('comment',' Since after thirty days it is assumed that cohabitation had taken place. ');">⁸</span> and [to submit to her] <i>halizah</i>!<span class="x" onmousemove="('comment',' Because she herself by her declaration that no cohabitation had taken place and that the levirate bond was consequently still in force has caused her own prohibition to all other men until she has performed the halizah. Now, as in this case it is specifically mentioned that a letter of divorce is required, it is to be presumed that in all cases spoken of in this Baraitha the woman had no divorce; why then in the absence of a divorce, is the levir in the first case, compelled to submit to halizah and not rather to the performance of the levirate marriage? ');">⁹</span>

Explore commentary for Yevamot 223:3. In-depth commentary and analysis from classical Jewish sources.