Yevamot 25

Chapter 25

א ורב זביד אמר אין בנים בלא סימנים ונבדוק חיישינן שמא נשרו הניחא למ"ד חוששין

1 R. Zebid, however, stated: No children are possible prior to the appearance of the marks of puberty.<span class="x" onmousemove="('comment',' Should an apparent minor, whatever her age, ever give birth to a child it must be taken for granted that the marks of puberty had already appeared, and the age of minority had passed. ');">1 Then let an examination be held!2 — There is the possibility that they might have fallen off.3

ב אלא למ"ד אין חוששין מאי איכא למימר אפי' למ"ד אין חוששין משום צער לידה חיישינן:

2 This reply is perfectly satisfactory according to him who holds that such a possibility is taken into consideration;4 what, however, can be said according to him who holds that no such contingency need be considered? — Even according to him who holds that no such contingency need be considered, the possibility must be taken into consideration in this case on account of the pains of birth.5 HOW IS THE EXEMPTION OF THEIR RIVALS [BY THE WOMEN MENTIONED] TO BE UNDERSTOOD? Etc. Whence is this law6

ג כיצד פוטרות צרותיהן וכו': מנהני מילי אמר רב יהודה דאמר קרא (ויקרא יח, יח) לצרור התורה ריבתה צרות הרבה

3 deduced? — Rab Judah replied: [From] Scripture which stated, li-zeror,7 [implying that] the Torah included many rivals.8 R. Ashi replied. 'It9

ד רב אשי אמר סברא היא צרה מ"ט אסירא דבמקום ערוה קיימא צרת צרה נמי במקום ערוה קיימא:

4 is arrived at by reasoning: Why is a rival forbidden? Surely because she takes the place of the forbidden relative; the rival's rival also takes the place of the forbidden relative'. HOW [IS ONE TO UNDERSTAND THE STATEMENT THAT] IF THEY HAD DIED etc. Even if he10 married11

ה כיצד אם מתו הן כו': ואפילו כנס ולבסוף גירש

5 first and then divorced?<span class="x" onmousemove="('comment',' His first wife, the forbidden relative. In such a case, is the rival, though the two were rivals prior to the divorce, permitted to the levir wherever the forbidden relative was dead or divorced at the time their husband died and the question of the levirate marriage arose? ');">12 This, then, would be contradictory [to the following Mishnah]: '[The case of] three brothers two of whom were married to two sisters and the third was married to a stranger, and one of the husbands of the sisters divorced his wife while the one who married the stranger died, and he who had divorced his wife then married the widow13 and died, is one concerning which it has been said, that if they died or were divorced, their rivals are permitted'.14

ו ורמינהו ג' אחים שנים מהן נשואים ב' אחיות ואחד נשוי נכרית גירש אחד מבעלי אחיות אשתו ומת הנשוי נכרית וכנסה המגרש ומת זו היא שאמרו שאם מתו או נתגרשו צרותיהן מותרות

6 The reason, then,15 is because the divorce16 took place first and the marriage17

ז טעמא דגירש ואח"כ כנס אבל כנס ואח"כ גירש לא

7 was subsequent to it, but had the marriage17 taken place first and the divorce16 after it, [the rival would] not [have been permitted]!18

ח א"ר ירמיה תברא מי ששנה זו לא שנה זו האי תנא סבר מיתה מפלת

8 — R. Jeremiah replied: Break it up:19 He who taught the one did not teach the other. The one Tanna20 is of the opinion that it is the death21

ט והאי תנא סבר נשואין הראשונים מפילים

9 which subjects the widow to the levirate marriage22 while the other23 holds the opinion that it is the original marriage that subjects her to the levirate marriage.<span class="x" onmousemove="('comment',' Consequently, if the marriage of the second took place after the divorce of the first, levirate marriage is permitted since the two have never been real rivals. If, however, the marriage preceded the divorce, even if only by a fraction of time, the two have become rivals, and the rival of a forbidden relative is forbidden for ever, even after the rivalry had ceased. ');">24

י רבא אמר לעולם חד תנא הוא וזו ואין צריך לומר זו קתני:

10 Raba said: [Both statements] may, in fact, represent the views of [one Tanna,] it25 being a case of 'this; and there is no need to state that'.<span class="x" onmousemove="('comment',' [H], one of the systems adopted in arranging legal statements. Our Mishnah permits 'this', the case of the rival whose marriage preceded the divorce of the forbidden relative, and consequently 'there is no need to state that', the case (infra 30a) of a rival whose marriage followed the divorce of the forbidden relative. (Cf. supra n. 12). ');">26 WHOSOEVER IS ENTITLED TO MAKE A DECLARATION OF REFUSAL [etc.]. Then let her27

יא וכל שיכולה למאן: ותמאן השתא ותתייבם לימא מסייעא ליה לרבי אושעיא

11 declare her refusal now28 and thus enable [her rival] to be married to the levir!29 May it then30

יב דא"ר אושעיא ממאנת למאמרו ואינה ממאנת לזיקתו

12 be suggested that this supports R. Oshaiah? For R. Oshaiah said: She31 may annul [the levir's] ma'amar32 by her declaration of refusal,33

יג לא צרת ערוה שאני דתני רמי בר יחזקאל מיאנה בבעל מותרת לאביו מיאנה ביבם אסורה לאביו

13 but may not sever by such a declaration the levirate bond!<span class="x" onmousemove="('comment',' I.e., she has no power to annul the original marriage in order to be exempt thereby from halizah also. Similarly here (v. note 4) the declaration of the minor has no force to annul the original marriage and thus (v. supra note 3) to enable her rival to marry the levir. ');">34 — No;35 the case of the rival of a forbidden relative is different;<span class="x" onmousemove="('comment',' The prohibition of a minor's declaration in this case is not Biblical, but a Rabbinical enactment made in order to prevent laxity in the law of rivals of forbidden relatives (cf. infra n. 17). ');">36

יד אלמא משעת נפילה נראית ככלתו הכא נמי משעת נפילה נראית כצרת בתו:

14 for Rami b. Ezekiel learnt: If a minor made a declaration of refusal against her husband she is permitted to marry his father.37 If, however, she made her declaration of refusal against the levir38 she is forbidden to marry his father.39

טו <big>מתני׳</big> שש עריות חמורות מאלו מפני שנשואות לאחרים צרותיהן מותרו'

15 From this it clearly follows that from the moment she becomes subject to the levirate marriage40 she is looked upon as his41 daughter-in-law; similarly here also42

טז אמו ואשת אביו ואחות אביו אחותו מאביו ואשת אחי אביו ואשת אחיו מאביו

16 she is looked upon as the rival of his daughter from the moment she becomes subject to the levirate marriage.<span class="x" onmousemove="('comment',' Had the original marriage been allowed to be annulled by the daughter's present declaration, and had her rival in consequence been permitted to marry the minor's father, any rival of one's daughter might similarly be allowed and thus an important restriction against incest would be broken down. (V. supra n. 10 and cf. text and notes, supra 12a). ');">43 MISHNAH. [IN THE CASE OF THE FOLLOWING] SIX RELATIVES, MARRIAGE WITH WHOM IS MORE RESTRICTED THAN WITH THESE,44 IN THAT THEY MAY ONLY BE MARRIED TO STRANGERS,45

יז בית שמאי מתירין הצרות לאחים ובית הלל אוסרים

17 MARRIAGE WITH THEIR RIVALS IS PERMITTED:<span class="x" onmousemove="('comment',' Though they themselves ate forbidden. Their husbands having been strangers, the law prohibiting the marriage of rivals, which is only applicable in connection with the levirate marriage, does not apply. Should one's brother unlawfully marry one of these six relatives his marriage would be regarded as null and void and the law relating to the rivals would still be inapplicable. (Cf. Maimonides, Commentary on the Mishnah a.l.). ');">46 HIS MOTHER.47 HIS FATHER'S WIFE,48 HIS FATHER'S SISTER,48 HIS PATERNAL SISTER.48 HIS FATHER'S BROTHER'S WIFE48 AND HIS PATERNAL BROTHER'S WIFE.48 BETH SHAMMAI PERMIT THE RIVALS49 TO THE SURVIVING BROTHERS, AND BETH HILLEL PROHIBIT THEM.

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