Yevamot 4

ואשת אחיו שלא היה בעולמו וכלתו הרי אלו פוטרות צרותיהן וצרות צרותיהן מן החליצה ומן הייבום עד סוף העולם

THE WIFE OF HIS BROTHER WHO WAS NOT HIS CONTEMPORARY,<span class="x" onmousemove="('comment',' Lit., 'in his world', i.e., who died before he was born. Such a brother's widow and her rivals etc. are exempt. If, for instance, C was born after his brother A had died childless, so that his widow, N married (in accordance with the laws of the levirate marriage) a contemporary brother of his, B, who had another wife, or wives, and B also died childless, all B's widows are exempt from halizah and yibbum as far as C is concerned on account of N who is forbidden to him. ');">¹</span> AND HIS DAUGHTER-IN-LAW.<span class="x" onmousemove="('comment',' Who married his brother after the death of his son. The marriage of a daughter-in-law is forbidden for ever, even after the death of one's son. ');">²</span>

וכולן אם מתו או מיאנו

ALL THESE EXEMPT THEIR RIVALS AND THE RIVALS OF THEIR RIVALS, AND SO ON, AD INFINITUM, FROM THE <i>HALIZAH</i> AND FROM THE LEVIRATE MARRIAGE. IF, HOWEVER, ANY AMONG THESE<span class="x" onmousemove="('comment',' Lit., '(in the case of) all of them'. ');">³</span> DIED,<span class="x" onmousemove="('comment',' Prior to the death of her husband who subsequently died childless. ');">⁴</span>

או נתגרשו או שנמצאו אילונית צרותיהן מותרות

OR MADE A DECLARATION OF REFUSAL,<span class="x" onmousemove="('comment',' Such a declaration, mi'un [H], may be made against her husband (without any further necessity for a divorce) by a wife, while she is a minor, or as soon as she becomes of age, prior to cohabitation, in cases where she was betrothed either (a) as an orphan, by her mother or brothers or (b) even in the lifetime of her father (v. infra 109a) if she was once divorced (after her father had contracted for her a betrothal) and was betrothed again while still a minor. ');">⁵</span> OR WERE DIVORCED, OR WERE FOUND INCAPABLE OF PROCREATION, THEIR RIVALS ARE PERMITTED;<span class="x" onmousemove="('comment',' I.e., levirate marriage may be contracted, or halizah must be performed. ');">⁶</span>

ואי אתה יכול לומר בחמותו ובאם חמותו ובאם חמיו שנמצאו אילונית או שמיאנו

THOUGH, OF COURSE, ONE CANNOT SAY OF A MAN'S MOTHER-IN-LAW, OF THE MOTHER OF HIS MOTHER-IN-LAW AND OF THE MOTHER OF HIS FATHER-IN-LAW THAT THEY WERE FOUND INCAPABLE OF PROCREATION OR THAT THEY MADE A DECLARATION OF REFUSAL.<span class="x" onmousemove="('comment',' For, having given birth they must be of age. ');">⁷</span> HOW IS THE EXEMPTION OF THEIR RIVALS [BY THE WOMEN MENTIONED], TO BE UNDERSTOOD? IF A MAN'S DAUGHTER OR ANY OTHER OF THESE FORBIDDEN RELATIVES WAS MARRIED TO HIS BROTHER WHO HAD ALSO ANOTHER WIFE [AT THE TIME] WHEN HE DIED, THEN AS HIS DAUGHTER IS EXEMPT SO IS HER RIVAL EXEMPT. IF HIS DAUGHTER'S RIVAL WENT AND MARRIED A SECOND BROTHER OF HIS,<span class="x" onmousemove="('comment',' Whenever one of the surviving brothers is not related to either of the widows, but another brother is, it is his duty to perform the levirate marriage or to submit to halizah. ');">⁸</span>

כיצד פוטרות צרותיהן היתה בתו או אחת מכל העריות האלו נשואות לאחיו ולו אשה אחרת ומת כשם שבתו פטורה כך צרתה פטורה הלכה צרת בתו ונשאת לאחיו השני ולו אשה אחרת ומת כשם שצרת בתו פטורה כך צרת צרתה פטורה

WHO ALSO HAD YET ANOTHER WIFE WHEN HE DIED, THEN AS THE RIVAL OF HIS DAUGHTER IS EXEMPT SO IS ALSO HIS DAUGHTER'S RIVAL'S RIVAL EXEMPT, EVEN IF THERE WERE A HUNDRED [BROTHERS].<span class="x" onmousemove="('comment',' Everyone of whom had also another wife or wives and the rival's rival married them in turn, ad infinitum. ');">⁹</span> HOW [IS ONE TO UNDERSTAND THE STATEMENT THAT] IF THEY HAD DIED, THEIR RIVALS ARE PERMITTED?<span class="x" onmousemove="('comment',' V. p. 2, n. 7. ');">¹⁰</span>

אפילו הן מאה

IF A MAN'S DAUGHTER OR ANY OTHER OF THESE FORBIDDEN RELATIVES WAS MARRIED TO HIS BROTHER WHO HAD ALSO ANOTHER WIFE, THEN, IF HIS DAUGHTER DIED OR WAS DIVORCED, AND HIS BROTHER DIED SUBSEQUENTLY, HER RIVAL IS PERMITTED.<span class="x" onmousemove="('comment',' V. p. 2, n. 7. ');">¹⁰</span> THE RIVAL OF ANY ONE WHO IS ENTITLED TO MAKE A DECLARATION OF REFUSAL<span class="x" onmousemove="('comment',' A minor (V. supra, p. 2, n. 6). ');">¹¹</span>

כיצד אם מתו צרותיהן מותרות היתה בתו או אחת מכל העריות האלו נשואות לאחיו ולו אשה אחרת מתה בתו או נתגרשה ואח"כ מת אחיו צרתה מותרת

BUT DID NOT EXERCISE HER RIGHT, MUST PERFORM <i>HALIZAH</i> [IF HER HUSBAND DIED CHILDLESS], AND MAY NOT CONTRACT LEVIRATE MARRIAGE.<span class="x" onmousemove="('comment',' V. Gemara infra. ');">¹²</span> <b><i>GEMARA</i></b>. Consider: All these<span class="x" onmousemove="('comment',' Exemptions enumerated in our Mishnah. ');">¹³</span>

וכל היכולה למאן ולא מיאנה צרתה חולצת ולא מתייבמת:

are deduced from the [exemption of] a wife's sister.<span class="x" onmousemove="('comment',' V. infra. ');">¹⁴</span> Why then was not HIS WIFE'S SISTER mentioned<span class="x" onmousemove="('comment',' Lit., 'let him teach'. ');">¹⁵</span>

<big><strong>גמ׳</strong></big> מכדי כולהו מאחות אשה ילפינן ליתני אחות אשה ברישא

first?<span class="x" onmousemove="('comment',' In the list. ');">¹⁶</span> And if it be replied that the Tanna enumerated<span class="x" onmousemove="('comment',' Lit., 'took'. ');">¹⁷</span>

וכ"ת תנא חומרי חומרי נקט ור"ש היא דאמר שריפה חמורה

[the forbidden relatives] in the order of the degrees of their respective severity,<span class="x" onmousemove="('comment',' The degree of the severity of the penalty incurred by sexual intercourse with one of these relatives. ');">¹⁸</span> and that it [our Mishnah] represents the view of R. Simeon who regards burning<span class="x" onmousemove="('comment',' The death penalty incurred for sexual intercourse with one of the first eight categories enumerated in our Mishnah. V. Sanh. 75a. ');">¹⁹</span>

אי הכי ליתני חמותו ברישא דעיקר שריפה בחמותו כתיבא ועוד בתר חמותו ליתני כלתו דבתר שריפה סקילה חמורה

as the severest,<span class="x" onmousemove="('comment',' Of the four death penalties. V. Sanh. 49b. ');">²⁰</span> [it may be retorted that], if that is the case,<span class="x" onmousemove="('comment',' Lit., 'if so'. ');">²¹</span>

אלא בתו כיון דאתיא מדרשא חביבא ליה

HIS MOTHER-IN-LAW should have been mentioned<span class="x" onmousemove="('comment',' In the list. ');">¹⁶</span> first, since [Scripture] enunciated the principle of burning in the case of a mother-in-law.<span class="x" onmousemove="('comment',' Lev. XX, 14. ');">²²</span> And, furthermore, HIS DAUGHTER-IN-LAW should have come<span class="x" onmousemove="('comment',' Lit., 'let him teach'. ');">¹⁵</span> immediately after HIS MOTHER-IN-LAW, since, next to burning, stoning<span class="x" onmousemove="('comment',' The penalty for intercourse with one's daughter-in-law. V. Sanh. 53a. ');">²³</span> is the severest penalty! — But [this in fact is the proper reply]: Since [the prohibition of intercourse with] 'HIS DAUGHTER'<span class="x" onmousemove="('comment',' I.e., born as a result of outrage. V. supra p. 1, n. 6. ');">²⁴</span> has been arrived at by exposition<span class="x" onmousemove="('comment',' V. infra. ');">²⁵</span> it is given preference.<span class="x" onmousemove="('comment',' Lit., 'beloved to him'. ');">²⁶</span>