Yevamot 238

רישא חזקה לייבום ורובא לשוק וחזקה לא עדיף כי רובא ואייתי מיעוטא דמפילות סמוך לחזקה והוה ליה פלגא ופלגא לא תנשא ולא תתייבם

in the first clause the woman's confirmed status<span class="x" onmousemove="('comment',' It was an established fact that her husband had no issue and that a levir was in existence. ');">¹</span> [would subject her] to the levirate marriage while the majority principle<span class="x" onmousemove="('comment',' Most women bear viable children and her rival's child would exempt her from the levirate obligations. ');">²</span> [would enable her] to marry any stranger;<span class="x" onmousemove="('comment',' Lit., 'to the market'. ');">³</span>

סיפא חזקה לשוק ורובא לשוק והוי ליה זכרים מיעוטא דמיעוטא ומיעוטא דמיעוטא לא חייש רבי מאיר:

and, though 'confirmed status' is not as important a factor as a majority, the minority of women who miscarry must be added to the 'confirmed status' so that the factors on either side are equally balanced;<span class="x" onmousemove="('comment',' Lit., 'and it is a half and a half', 'confirmed status' plus minority pointing to the levirate marriage while the majority principle points to permissibility to marry any stranger. ');">⁴</span> hence<span class="x" onmousemove="('comment',' Since neither consideration can be regarded as more weighty than the other. ');">⁵</span> she MUST NEITHER MARRY AGAIN NOR CONTRACT LEVIRATE MARRIAGE. In the final clause, however, the woman's confirmed status<span class="x" onmousemove="('comment',' As one who had no brother-in-law. ');">⁶</span>

לא תנשא ולא תתייבם וכו': ולעולם

as well as the majority principle<span class="x" onmousemove="('comment',' Miscarriages and the births of females constitute a majority against the minority of births of viable males. ');">⁷</span> [points] to [the permissibility of marriage with] any stranger,<span class="x" onmousemove="('comment',' Lit., 'to the market'. ');">³</span> so that [viable] males<span class="x" onmousemove="('comment',' Only a viable male child exempts a woman from the levirate obligations. ');">⁸</span>

אמר זעירי לעצמה שלשה חדשים לחברתה תשעה וחולצת ממה נפשך

constitute a minority of a minority;<span class="x" onmousemove="('comment',' I.e., besides the fact that viable males are in a minority (v. supra n. 10) the possibility of the birth of a viable male is still less to be taken note of in view of the confirmed status of the woman (v. supra note 9). ');">⁹</span> and a minority of a minority is not taken into consideration even by R. Meir. MUST NEITHER MARRY AGAIN NOR CONTRACT LEVIRATE MARRIAGE etc. For ever?<span class="x" onmousemove="('comment',' But why! Let her perform halizah and thus at all events procure her freedom. V. infra p. 844, n. 5. ');">¹⁰</span>

רבי חנינא אמר לעצמה שלשה לחברתה לעולם ותחלוץ ממה נפשך

— Ze'iri replied: [She waits] on account of herself three months<span class="x" onmousemove="('comment',' As any other woman whose husband died. V. supra 42b. ');">¹¹</span> and on account of her associate nine,<span class="x" onmousemove="('comment',' Since should her rival be pregnant, her levirate bond could not be severed by halizah but by the actual birth of a viable child. ');">¹²</span> and then she may, at all events,<span class="x" onmousemove="('comment',' Whether the rival gave birth to a child or not. V. infra note 5. ');">¹³</span>

אביי בר אבין ורבי חנינא בר אבין אמרי תרוייהו גזירה שמא יהא ולד בן קיימא ונמצא אתה מצריכה כרוז לכהונה

perform <i>halizah</i>. R. Hanina said: On account of herself [she must wait] three months, but on account of her associate<span class="x" onmousemove="('comment',' Her rival who might he pregnant. ');">¹⁴</span> for ever.<span class="x" onmousemove="('comment',' Until it is definitely ascertained whether her rival had given birth to a viable child. ');">¹⁵</span> But let her perform <i>halizah</i><span class="x" onmousemove="('comment',' After a period of nine months (v. supra p. 843, n. 15), and so procure her freedom to marry again. ');">¹⁶</span>

וליצרכה דלמא איכא דהוי בחליצה ולא הוי בהכרזה ואמרי קשרו חלוצה לכהן

at all events!<span class="x" onmousemove="('comment',' Since either she is exempted altogether from the levirate obligations by the birth of her rival's child (if one was horn) or (if no viable child was born) she gains her freedom by the halizah. ');">¹⁷</span> — Both Abaye b. Abin and R. Hanina b. Abin replied: This<span class="x" onmousemove="('comment',' That no halizah must be performed; v. supra n. 3. ');">¹⁸</span> is a preventive measure against the possibility that the child<span class="x" onmousemove="('comment',' Of the rival. ');">¹⁹</span>

תנן ניתן לי בן במדינת הים ואמרה מת בני ואחר כך בעלי נאמנת מת בעלי ואחר כך בני אינה נאמנת וחוששין לדבריה וחולצת ולא מתייבמת

might be viable<span class="x" onmousemove="('comment',' In consequence of which the halizah would become null and void as if it had never taken place. ');">²⁰</span> as a result of which<span class="x" onmousemove="('comment',' Lit., 'it is found'. ');">²¹</span> you would have to subject her to the necessity of a public announcement<span class="x" onmousemove="('comment',' That the halizah was unnecessary and consequently null and void. ');">²²</span>

וליחוש דלמא אתו עדים ואמרי כדקאמרה ונמצא אתה מצריכה כרוז לכהונה אמר רב פפא בגרושה רב חייא בריה דרב הונא אמר באמרה אני והוא נחבאנו במערה:

in respect of the priesthood.<span class="x" onmousemove="('comment',' I.e., that she is permitted to marry a priest. ');">²³</span> Well, let her be subjected to the necessity! — It may happen that someone would be present at the <i>halizah</i> and not at the announcement,<span class="x" onmousemove="('comment',' V. supra note 10. ');">²⁴</span> and he would form the opinion<span class="x" onmousemove="('comment',' Should she eventually be married to a priest. ');">²⁵</span>

<big><strong>מתני׳</strong></big> שתי יבמות זו אומרת מת בעלי וזו אומרת מת בעלי זו אסורה מפני בעלה של זו וזו אסורה מפני בעלה של זו

that a <i>haluzah</i> was permitted to a priest. We learned: [If a woman states], 'A son was given to me [while I was] in a country beyond the sea' and she also asserts, 'My son died and afterwards my husband died', she is believed. [If she states, however], 'My husband died and afterwards my son died', she is not believed, but note is taken of her assertion and she must, therefore, perform <i>halizah</i> but may not contract levirate marriage.<span class="x" onmousemove="('comment',' Supra 118b, q.v. for notes. ');">²⁶</span> Let it, however, be apprehended that witnesses might come and confirm her statement and that, as a result, you would subject her to the necessity of an announcement in respect of the priesthood! — R. Papa replied: [This refers to] a woman divorced.<span class="x" onmousemove="('comment',' From a former husband; before she was married to the one now deceased. As a divorcee she remains forbidden to marry a priest even if the halizah is subseqeuntly found to have no validity. ');">²⁷</span>

לזו עדים ולזו אין עדים את שיש לה עדים אסורה ואת שאין לה עדים מותרת לזו בנים ולזו אין בנים את שיש לה בנים מותרת ואת שאין לה בנים אסורה

R. Hiyya son of R. Huna replied: [It refers to one] who stated 'I and he<span class="x" onmousemove="('comment',' She and her husband together with their son. ');">²⁸</span> were hidden in a cave'.<span class="x" onmousemove="('comment',' When death occurred. Since no one was present there is no need to provide against the possibility of the appearance of witnesses. ');">²⁹</span> <b><i>MISHNAH</i></b>. [IN THE CASE OF] TWO SISTERS-IN-LAW<span class="x" onmousemove="('comment',' The wives of two brothers. ');">³⁰</span>

נתייבמו ומתו היבמין אסורות להנשא ר' אלעזר אומר הואיל והותרו ליבמין הותרו לכל אדם:

ONE OF WHOM<span class="x" onmousemove="('comment',' Lit., 'this'. ');">³¹</span> STATED, 'MY HUSBAND IS DEAD', AND THE OTHER ALSO STATED, 'MY HUSBAND IS DEAD', THE FORMER<span class="x" onmousemove="('comment',' Lit., 'this'. ');">³¹</span> IS FORBIDDEN<span class="x" onmousemove="('comment',' To marry a stranger. ');">³²</span>

<big><strong>גמ׳</strong></big> תנא לזו עדים ובנים ולזו לא עדים ולא בנים שתיהן מותרות

ON ACCOUNT OF THE HUSBAND OF THE LATTER,<span class="x" onmousemove="('comment',' Who might, in fact, he alive and with whom halizah or levirate marriage must he performed. A woman is eligible to tender evidence on the death of her husband in so far only as to enable herself to marry again. She is ineligible, however, to give evidence enabling her sister-in-law to marry again. ');">³³</span> AND THE LATTER IS FORBIDDEN<span class="x" onmousemove="('comment',' To marry again. ');">³⁴</span> ON ACCOUNT OF THE HUSBAND OF THE FORMER.<span class="x" onmousemove="('comment',' Who might, in fact, he alive and with whom halizah or levirate marriage must he performed. A woman is eligible to tender evidence on the death of her husband in so far only as to enable herself to marry again. She is ineligible, however, to give evidence enabling her sister-in-law to marry again. ');">³³</span>

נתייבמו ומתו היבמין אסורין להנשא רבי אלעזר אומר הואיל והותרו ליבמין הותרו לכל אדם

IF THE ONE HAD WITNESSES<span class="x" onmousemove="('comment',' That her husband was dead. ');">³⁵</span> AND THE OTHER HAD NO WITNESSES,<span class="x" onmousemove="('comment',' That her husband was dead. ');">³⁵</span> SHE WHO HAD THE WITNESSES IS FORBIDDEN,<span class="x" onmousemove="('comment',' To marry a stranger; since there are no witnesses to testify to the death of the levir. The evidence of his wife alone (cf. supra n. 4) is not sufficient for the purpose. ');">³⁶</span>

בעי רבא מאי טעמא דרבי אלעזר משום דקסבר צרה מעידה לחברתה או דלמא משום דהיא לא מקלקלא נפשה

WHILE SHE WHO HAD NO WITNESSES IS PERMITTED.<span class="x" onmousemove="('comment',' To marry any stranger; since she herself is believed in respect of the death of her husband while in respect of the death of the levir the evidence of the witnesses is available. ');">³⁷</span> IF THE ONE HAD CHILDREN AND THE OTHER HAD NO CHILDREN,<span class="x" onmousemove="('comment',' And neither had witnesses. ');">³⁸</span> SHE WHO HAD CHILDREN<span class="x" onmousemove="('comment',' Who exempt their mother from the levirate bond. ');">³⁹</span>

למאי נפקא מינה

IS PERMITTED<span class="x" onmousemove="('comment',' To marry again. ');">³⁴</span> AND SHE WHO HAD NO CHILDREN<span class="x" onmousemove="('comment',' And who is consequently subject to the levirate bond of a man whose death is attested only by her sister-in-law whose word cannot he accepted (cf. supra n. 4). ');">⁴⁰</span> IS FORBIDDEN.<span class="x" onmousemove="('comment',' To marry again. ');">³⁴</span> IF THEY<span class="x" onmousemove="('comment',' The two sisters-in-law spoken of in the first clause of our Mishnah, neither of whom had children nor was able to produce witnesses to attest her husband's death. ');">⁴¹</span> CONTRACTED LEVIRATE MARRIAGES,<span class="x" onmousemove="('comment',' With the levirs other than the absent husbands. ');">⁴²</span> AND THE LEVIRS DIED, THEY<span class="x" onmousemove="('comment',' V. supra note 12. ');">⁴³</span> ARE FORBIDDEN [TO MARRY AGAIN].<span class="x" onmousemove="('comment',' Any stranger. Though the evidence of each woman was valid to enable herself to contract levirate marriage, it is not valid to exempt her sister-in-law- from the levirate bond (cf. supra note 4), and the possibility that their absent levirs (the first husbands) were still alive must he taken into consideration. ');">⁴⁴</span> R. ELEAZAR<span class="x" onmousemove="('comment',' Var. lec. R Eliezer. ');">⁴⁵</span> RULED: SINCE THEY WERE ONCE PERMITTED TO MARRY THE LEVIRS<span class="x" onmousemove="('comment',' On the assumption that their husbands were dead. ');">⁴⁶</span> THEY ARE PERMITTED TO MARRY ANY MAN. <b><i>GEMARA</i></b>. A Tanna taught: If the one<span class="x" onmousemove="('comment',' Of two sisters-inlaw who stated that their husbands were dead. ');">⁴⁷</span> had witnesses<span class="x" onmousemove="('comment',' To confirm her statement. ');">⁴⁸</span> and also children, and the other had neither witnesses nor children, both are permitted [to marry again].<span class="x" onmousemove="('comment',' The former because of her children who exempt her from the levirate bond; and the latter, because witnesses had testified to the death of her levir while she herself is believed in respect of the death of her husband. ');">⁴⁹</span> IF<span class="x" onmousemove="('comment',' Cur. edd. do not indicate by the usual stops that this passage is derived from our Mishnah. Cf. however, Bomb. ed. ');">⁵⁰</span> THEY CONTRACTED LEVIRATE MARRIAGES, AND THE LEVIRS DIED, THEY ARE FORBIDDEN [TO MARRY AGAIN]. R. ELEAZAR RULED: SINCE THEY WERE ONCE PERMITTED TO THE LEVIRS THEY ARE PERMITTED TO MARRY ANY MAN. Raba inquired: What is R. Eleazar's reason? Is it because he is of the opinion that a rival<span class="x" onmousemove="('comment',' By a statement whereby she injures her associate. ');">⁵¹</span> is eligible to tender evidence in favour of her associate or is it because [he holds that] she would not<span class="x" onmousemove="('comment',' By a statement whereby she injures her associate. ');">⁵¹</span> cause injury to herself?<span class="x" onmousemove="('comment',' Her evidence here would injure herself as it would her associate. Where, however, her associate alone would be the sufferer a rival's evidence is not accepted. ');">⁵²</span> What practical difference is there [between the two assumptions]?