Yevamot 21

Chapter 21

א קשיא רב אשי סבר לה כריש לקיש ומתרץ לה כר' שמעון רבינא סבר לה כר' יוחנן ומתרץ כרבנן
1 — This is rather a difficulty. R. Ashi holds the same opinion as Resh Lakish<span class="x" onmousemove="('comment',' That any brother, other than the one who submitted to the halizah, who married the widow after she had performed the halizah is subject to the penalty of kareth (v. supra 10b). ');"><sup>1</sup></span>
ב רב אשי סבר לה כריש לקיש ומתרץ לה כר' שמעון החולץ ליבמתו וחזר וקדשה צריכה חליצה מן האחין מאן אחין
2 and explains it<span class="x" onmousemove="('comment',' The first clause of the statement cited in the discussion between R. Johanan and Resh Lakish, according to which halizah is required. ');"><sup>2</sup></span> in accordance with the ruling of R. Simeon.<span class="x" onmousemove="('comment',' Who maintains that a brother born after the levirate marriage of his elder brother is not subject, in relation to the deceased brother, to the restriction of a 'brother who was not his contemporary'. The first clause then, which requires halizah, may consequently refer to brothers born after both the halizah and the betrothal had taken place. The widow of the levir not being forbidden to them on account of her first deceased husband, is subject to halizah on account of the second. (The final clause which clearly agrees with the view of Resh Lakish requires of course no explanation). ');"><sup>3</sup></span>
ג אחין הילודים כמאן כר"ש
3 Rabina holds the same opinion as R. Johanan<span class="x" onmousemove="('comment',' Who maintains that the brother who performed the halizah as well as all the other brothers are forbidden to marry the widow subsequent to the halizah, not under the penalty of kareth but under that of a negative precept. Hence the ruling in the first clause that halizah is required. ');"><sup>4</sup></span> and explains it<span class="x" onmousemove="('comment',' The final clause. (Cf. n. 2 supra). ');"><sup>5</sup></span>
ד עמד אחד מן הנולדים וקדשה אין לה עליו כלום כמאן כר"ל
4 in accordance with the ruling of the Rabbis.<span class="x" onmousemove="('comment',' Who hold that even a brother born after the levirate marriage (v. n. 3 supra) is subject to the restrictions of 'a brother who was not his contemporary'. The final clause may accordingly refer to such brothers to whom the widow is forbidden for this reason (not on account of the halizah that had been performed) and the marriage or betrothal with whom is consequently invalid. (The first clause obviously is in agreement with R. Johanan). ');"><sup>6</sup></span> 'R. Ashi holds the same opinion as Resh Lakish and explains it in accordance with the ruling of R. Simeon', thus: If [a levir] who submitted to <i>halizah</i> from his sister-in-law had subsequently betrothed her, she<span class="x" onmousemove="('comment',' In the case where the levir who betrothed her also died without issue. ');"><sup>7</sup></span>
ה רבינא סבר לה כרבי יוחנן ומתרץ לה אליבא דרבנן החולץ ליבמתו וחזר וקדשה צריכה חליצה מן האחין מאן אחין אחין הנולדים כמאן כר' יוחנן
5 requires <i>halizah</i> from the brothers. Who are these brothers? Those born [subsequently].<span class="x" onmousemove="('comment',' After the halizah and the betrothal. Having been born after the halizah they have never been subject to the levirate relationship on account of the first deceased brother and the halizah of the levir had, therefore, imposed no restrictions upon them in relation to the widow. ');"><sup>8</sup></span> According to whose view? According to that of R. Simeon.<span class="x" onmousemove="('comment',' V. supra n. 3. Hence it is the duty of one of these brothers to submit to halizah which is incumbent upon them as brothers of the levir who also died without issue. ');"><sup>9</sup></span>
ו עמד אחד מן הילודים וקדשה אין לה עליו כלום כמאן כרבנן
6 If one of the previously born<span class="x" onmousemove="('comment',' Prior to the performance of the halizah. ');"><sup>10</sup></span> brothers, however, betrothed her, she has no claim upon him.<span class="x" onmousemove="('comment',' Since according to Resh Lakish the performance of the halizah by one of the brothers had caused the prohibition of the widow upon all other contemporary brothers under the penalty of kareth, such a betrothal is invalid. ');"><sup>11</sup></span>
ז איתמר הבא על יבמה ובא אחד מן האחין על צרתה פליגי בה רב אחא ורבינא חד אמר בכרת וחד אמר בעשה
7 According to whose view? According to that of Resh Lakish.<span class="x" onmousemove="('comment',' Since according to Resh Lakish the performance of the halizah by one of the brothers had caused the prohibition of the widow upon all other contemporary brothers under the penalty of kareth, such a betrothal is invalid. ');"><sup>11</sup></span> 'Rabina holds the same opinion as R. Johanan and explains it in accordance with the ruling of the Rabbis', thus: If [a levir] who submitted to <i>halizah</i> from his sister-in-law had subsequently betrothed her, she requires <i>halizah</i> from the brothers. Who are these brothers? Those born [prior to the <i>halizah</i>]. According to whom? According to R. Johanan.<span class="x" onmousemove="('comment',' V. supra p. 51, n. 4. ');"><sup>12</sup></span>
ח מ"ד בכרת כריש לקיש ומ"ד בעשה כר' יוחנן
8 If one of the subsequently<span class="x" onmousemove="('comment',' After the performance of the halizah. ');"><sup>13</sup></span> born brothers, however, betrothed her, she has no claim upon him. According to whose view? According to that of the Rabbis.<span class="x" onmousemove="('comment',' V. supra p. 51, n. 6. ');"><sup>14</sup></span>
ט אמר רב יהודה אמר רב צרת סוטה אסורה
9 It has been stated: In the case where [the Ievir] had intercourse with his sister-in-law<span class="x" onmousemove="('comment',' The widow of his deceased childless brother. ');"><sup>15</sup></span> and one of the other brothers had intercourse with her rival, there is a difference of opinion between R. Aha and Rabina. One said: [It involves<span class="x" onmousemove="('comment',' For the other brother. ');"><sup>16</sup></span>
י טומאה כתיב בה כעריות
10 a transgression subject] to <i>kareth</i> and the other said: [The transgression] of a positive precept.<span class="x" onmousemove="('comment',' The precept is to perform one levirate marriage but not more than one, a transgression to which no penalty is attached. ');"><sup>17</sup></span> He who said, '[A transgression subject] to kareth' follows Resh Lakish;<span class="x" onmousemove="('comment',' In whose view (supra 10b) the levir who marries, or participates in halizah with the widow, does not act as the agent of the other brothers. Hence, despite the fact that in the levir's own case the prohibition to marry the rival is regarded as having the force of a positive precept, in that of the other brothers the original prohibition to marry a brother's wife remains in force and marriage with her involves, therefore, the penalty of kareth. ');"><sup>18</sup></span>
יא מתיב רב חסדא רבי שמעון אומר ביאתה או חליצתה מאחיו של ראשון פוטרת צרתה
11 and he who said, '[The transgression] of a positive precept' follows R. Johanan.<span class="x" onmousemove="('comment',' Who regards the levir as the agent of the brothers (supra 10b). Hence they are subject to the same prohibition. As in the levir's own case so in that of the other brothers the levirate obligations supersede the prohibition of marrying a brother's wife, and with it the original penalty of kareth. ');"><sup>19</sup></span> Rab Judah said in the name of Rab: The rival of a sotah<span class="x" onmousemove="('comment',' [H], a married woman suspected of adultery, who is subject to the ordeal prescribed in Num. V, 12ff. V. Glos. ');"><sup>20</sup></span>
יב [אמר לך רב] אמינא לך אנא סוטה דאורייתא ואת אמרת לי סוטה דרבנן
12 is for bidden.<span class="x" onmousemove="('comment',' To the levir; in the case where there are witnesses that the sotah had committed the crime and her husband subsequently died childless. The rival and certainly the sotah herself are in such a case exempt from both the levirate marriage and the halizah. ');"><sup>21</sup></span> What is the reason?<span class="x" onmousemove="('comment',' So BaH. Cur. edd. omit. ');"><sup>22</sup></span>
יג ודקארי לה מאי קארי לה קסבר כל דתקון רבנן כעין דאורייתא תקון
13 — Because uncleanness is ascribed to her<span class="x" onmousemove="('comment',' She being defiled. Num. V, 13. ');"><sup>23</sup></span> as to the cases of incest.<span class="x" onmousemove="('comment',' Defile ye not yourselves. Lev. XVIII, 24. As the rival in the latter case is forbidden, so is she in the former. ');"><sup>24</sup></span>
יד מתיב רב אשי נכנסה עמו לסתר ושהתה עמו כדי טומאה אסורה לביתה ואסורה לאכול בתרומה ואם מת חולצת
14 R. Hisda raised an objection:<span class="x" onmousemove="('comment',' The following refers to a case where a woman married a second husband on the basis of a report by one witness that her first husband had died in a foreign country. If later it was discovered that her first husband was alive, she must be divorced by both. If both died childless prior to the divorce she requires halizah from a brother of each but may not, according to the Rabbis, marry either of them. ');"><sup>25</sup></span> R. Simeon<span class="x" onmousemove="('comment',' Disagreeing with the Rabbis in one point. ');"><sup>26</sup></span> said, the intercourse<span class="x" onmousemove="('comment',' Her second marriage having been entered into through an innocent error, no penalty is incurred by her as far as her relationship with the levir from the first marriage is concerned. Hence, in the opinion of R. Simeon, either marriage or halizah is permitted, v. infra 87a. ');"><sup>27</sup></span> or <i>halizah</i> of the brother of the first husband exempts her rival!<span class="x" onmousemove="('comment',' From this it follows that the rival of a married woman who had intercourse with another husband is permitted to the levir both according to R. Simeon and according to the Rabbis (the latter having only disputed the case of the married woman herself). Why, then, did Rab state that the rival of a sotah is forbidden? ');"><sup>28</sup></span> — Rab can answer you, 'I speak of a sotah that is Biblically forbidden,<span class="x" onmousemove="('comment',' A woman that was faithless to her husband. (Num. V, 12ff). ');"><sup>29</sup></span> and you talk of a sotah that is only Rabbinically forbidden'.<span class="x" onmousemove="('comment',' The woman who married a second husband under an honest misapprehension. Biblically she is permitted to live again with her husband since her second marriage was entered into on the basis of a report by a witness, on the strength of which she was by Biblical law fully permitted to contract the marriage. ');"><sup>30</sup></span> But as to him who raised this objection, what did he imagine?<span class="x" onmousemove="('comment',' He must surely have known that the one was Biblical and the other only Rabbinical! [H] rt. [H] or [H] (cf. [G]) 'to speak', 'enquire', 'argue'. ');"><sup>31</sup></span> — He thought that Rabbinical provisions were given the same force as Biblical laws.<span class="x" onmousemove="('comment',' Lit., 'all that the Rabbis provided, like that of the Torah they provided'. ');"><sup>32</sup></span> R. Ashi raised an objection: If she<span class="x" onmousemove="('comment',' A woman suspected by her husband who warned her not to seclude herself with a certain man. ');"><sup>33</sup></span> entered with the man into a private place and remained with him for a period sufficient for the consummation of defilement, she is forbidden to her house,<span class="x" onmousemove="('comment',' I.e., to her husband. ');"><sup>34</sup></span> she may not eat of <i>terumah</i>,<span class="x" onmousemove="('comment',' V. Glos.; in the case where the husband is a priest. ');"><sup>35</sup></span> and if he died she must undergo the ceremony of <i>halizah</i>