Yevamot 59

<big><strong>מתני׳</strong></big> שלשה אחין שנים מהם נשואים שתי אחיות ואחד נשוי נכרית מת אחד מבעלי אחיות וכנס נשוי נכרית את אשתו ומת הראשונה יוצאה משום אחות אשה ושניה משום צרתה עשה בה מאמר ומת נכרית חולצת ולא מתייבמת:

<b><i>MISHNAH</i></b>.IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND ONE OF THE SISTERS' HUSBANDS DIED AND THE BROTHER WHO WAS MARRIED TO THE STRANGER MARRIED HIS WIFE AND THEN DIED HIMSELF, THE FIRST<span class="x" onmousemove="('comment',' Widow, who is now also the widow of the second deceased brother. ');">¹</span> IS EXEMPT<span class="x" onmousemove="('comment',' From levirate marriage and halizah with the surviving brother. ');">²</span> AS BEING A WIFE'S SISTER, AND THE SECOND IS EXEMPT<span class="x" onmousemove="('comment',' From levirate marriage and halizah with the surviving brother. ');">²</span> AS BEING HER RIVAL. IF, HOWEVER, HE HAD ONLY ADDRESSED TO HER<span class="x" onmousemove="('comment',' The first widow. ');">³</span> A MA'AMAR AND DIED, THE STRANGER IS TO PERFORM THE <i>HALIZAH</i> BUT MAY NOT CONTRACT THE LEVIRATE MARRIAGE.<span class="x" onmousemove="('comment',' With the surviving brother. ');">⁴</span>

<big><strong>גמ׳</strong></big> טעמא דעבד בה מאמר הא לא עבד בה מאמר נכרית יבומי נמי מייבמה אמר רב נחמן זאת אומרת אין זיקה ואפילו בחד אחא:

<b><i>GEMARA</i></b>. The reason<span class="x" onmousemove="('comment',' Why the stranger is not to be taken in levirate marriage. ');">⁵</span> is because he had addressed to her<span class="x" onmousemove="('comment',' The first widow. ');">³</span> a ma'amar;<span class="x" onmousemove="('comment',' Since our Mishnah makes the stranger's exemption dependent on the ma'amar, whereby she became the first widow's rival. ');">⁶</span> had he, however, not addressed a ma'amar to her,<span class="x" onmousemove="('comment',' The first widow. ');">³</span> the stranger also would have had to be taken in levirate marriage.<span class="x" onmousemove="('comment',' Despite the fact that the first widow is also subjected to the levir for the levirate marriage. ');">⁷</span>

<big><strong>מתני'</strong></big> שלשה אחים שנים מהם נשואים שתי אחיות ואחד נשוי נכרית מת הנשוי נכרית וכנס אחד מבעלי אחיות את אשתו ומת הראשונה יוצאת משום אחות אשה ושניה משום צרתה עשה בה מאמר ומת נכרית חולצת ולא מתייבמת:

This proves, said R. Nahman, that no levirate bond exists<span class="x" onmousemove="('comment',' Between the widow of the deceased brother and the levirs. ');">⁸</span> even in the case of one brother.<span class="x" onmousemove="('comment',' As here, where only one brother could possibly marry her, she being forbidden to the other as his wife's sister. Even in such a case the mere subjection of the widow to the levir (to be taken in levirate marriage or to perform the halizah) does not constitute a levirate bond to attach her to him as if she had been his actual wife. ');">⁹</span> <b><i>MISHNAH</i></b>. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND WHEN THE BROTHER WHO WAS MARRIED TO THE STRANGER DIED, ONE OF THE SISTERS' HUSBANDS MARRIED HIS WIFE AND THEN DIED HIMSELF, THE FIRST<span class="x" onmousemove="('comment',' Wife of the second deceased brother. ');">¹⁰</span> IS EXEMPT<span class="x" onmousemove="('comment',' From marriage and halizah with the surviving brother. ');">¹¹</span> IN THAT SHE IS HIS WIFE'S SISTER, AND THE OTHER<span class="x" onmousemove="('comment',' The stranger. whom the second deceased brother had taken in levirate marriage. ');">¹²</span>

<big><strong>גמ'</strong></big> הא תו למה לי היינו הך השתא ומה התם דאחות אשה הויא צרה לנכרית אמרת נכרית אסורה הכא דנכרית הויא צרה לאחות אשה לא כ"ש

IS EXEMPT AS HER RIVAL. IF, HOWEVER, HE HAD ONLY ADDRESSED TO HER<span class="x" onmousemove="('comment',' To the stranger. ');">¹³</span> A MA'AMAR AND DIED, THE STRANGER MUST PERFORM <i>HALIZAH</i><span class="x" onmousemove="('comment',' With the surviving brother. ');">¹⁴</span> BUT MAY NOT BE TAKEN IN LEVIRATE MARRIAGE. <b><i>GEMARA</i></b>. What need was there again [for the law in this Mishnah]? Surely it is the same:<span class="x" onmousemove="('comment',' As the law implied in the previous Mishnah. ');">¹⁵</span> If there,<span class="x" onmousemove="('comment',' In the previous Mishnah. ');">¹⁶</span>

תנא הך תנא ברישא והך חזיא להתירא ושריא והדר חזיא לאיסורא

where the wife's sister is only a rival to the stranger<span class="x" onmousemove="('comment',' Who was the first and proper wife. ');">¹⁷</span> it has been said that the stranger is forbidden,<span class="x" onmousemove="('comment',' To be taken in levirate marriage. ');">¹⁸</span> how much more so<span class="x" onmousemove="('comment',' Should the stranger be forbidden to be taken in levirate marriage. ');">¹⁹</span> here where the stranger is the rival to a wife's sister!<span class="x" onmousemove="('comment',' Who was the first and proper wife. ');">²⁰</span> -The Tanna had taught first this,<span class="x" onmousemove="('comment',' The second Mishnah. ');">²¹</span>

ואיידי דחביבה ליה אקדמה ומשנה לא זזה ממקומה:

while the other<span class="x" onmousemove="('comment',' Mishnah, which is now the first. ');">²²</span> was regarded by him as a permissible case, and so he permitted her.<span class="x" onmousemove="('comment',' l.e., allowed the stranger to be taken in levirate marriage by the surviving brother, because the prohibition that arose from her husband's 'wife's sister' was imposed upon her later, after she had been lawfully married to her husband and after a period during which, had he died without issue, she would have been permitted to be taken in levirate marriage by his brother. It was not the Tanna's Intention, therefore, to include this case in a Mishnah at all. ');">²³</span> Later, however, he came to regard it as a case that was to be forbidden;<span class="x" onmousemove="('comment',' Since her rival was, after all, the surviving brother's wife's sister. ');">²⁴</span> and, as it was dear to him,<span class="x" onmousemove="('comment',' Owing to its novelty. ');">²⁵</span> he placed it first; while the other Mishnah<span class="x" onmousemove="('comment',' The second Mishnah. ');">²⁶</span>

<big><strong>מתני׳</strong></big> שלשה אחין שנים מהם נשואים שתי אחיות ואחד נשוי נכרית מת אחד מבעלי אחיות וכנס נשוי נכרית את אשתו ומתה אשתו של שני ואח"כ מת נשוי נכרית הרי זו אסורה עליו עולמית הואיל ונאסרה עליו שעה אחת:

was allowed to stand in its original form.<span class="x" onmousemove="('comment',' Lit., 'did not move from its place'. though in the light of the newly added Mishnah it had obviously become superfluous. ');">²⁷</span> <b><i>MISHNAH</i></b>. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND WHEN ONE OF THE SISTERS' HUSBANDS DIED THE BROTHER WHO WAS MARRIED TO THE STRANGER MARRIED HIS WIFE, AND THEN THE WIFE OF THE SECOND BROTHER DIED, AND AFTERWARDS THE BROTHER WHO WAS MARRIED TO THE STRANGER DIED ALSO, BEHOLD, SHE<span class="x" onmousemove="('comment',' The wife of the first brother. ');">²⁸</span> IS FORBIDDEN TO HIM<span class="x" onmousemove="('comment',' The surviving brother. ');">²⁹</span> FOR ALL TIME, SINCE SHE WAS FORBIDDEN TO HIM FOR ONE MOMENT.<span class="x" onmousemove="('comment',' Lit., 'hour'. When her husband died she was forbidden to his brother who was married to her sister as his 'wife's sister'. This prohibition remains permanently in force and is not removed even when her sister subsequently dies and she is no longer the levir's 'wife's sister'. ');">³⁰</span> <b><i>GEMARA</i></b>. Rab Judah said in the name of Rab: Any yebamah to whom the instruction Her husband's brother shall go in unto her<span class="x" onmousemove="('comment',' Deut. XXV, 5' ');">³¹</span>

<big><strong>גמ׳</strong></big> אמר רב יהודה אמר רב כל יבמה שאין אני קורא בה בשעת נפילה (דברים כה, ה) יבמה יבא עליה הרי היא כאשת אח שיש לה בנים ואסורה מאי קמ"ל תנינא הרי זו אסורה עליו עולמית הואיל ונאסרה עליו שעה אחת

cannot be applied at the time she becomes subject to the levirate marriage, is indeed like the wife of a brother who has children, and is consequently forbidden.<span class="x" onmousemove="('comment',' Even later when the cause of the prohibition is removed. Cf. our Mishnah. ');">³²</span> What new thing does he<span class="x" onmousemove="('comment',' Rab. ');">³³</span> teach us? Surely we have learned, SHE IS FORBIDDEN TO HIM FOR ALL TIME SINCE SHE WAS FORBIDDEN TO HIM FOR ONE MOMENT! — It might have been assumed that this<span class="x" onmousemove="('comment',' The law in our Mishnah. ');">³⁴</span> applies only to the case where she<span class="x" onmousemove="('comment',' The widow of the first brother. ');">³⁵</span> was not suitable for him<span class="x" onmousemove="('comment',' The brother who was married to the second sister. ');">³⁶</span>

מהו דתימא הני מילי היכא דלא איחזיא לה בנפילה ראשונה אבל היכא דאיחזיא לה בנפילה ראשונה אימא תישתרי קמ"ל

at all during the period of her first subjection;<span class="x" onmousemove="('comment',' I.e., if her sister, the wife of the second brother, did not die until after she had married the brother whose wife was the stranger. ');">³⁷</span> but that where she<span class="x" onmousemove="('comment',' The widow of the first brother. ');">³⁸</span> was at all suitable for him<span class="x" onmousemove="('comment',' The brother who was married to the second sister. ');">³⁹</span> during her first subjection<span class="x" onmousemove="('comment',' If her sister died before she (the first widow) had married the other brother. ');">⁴⁰</span> it might have been assumed that she<span class="x" onmousemove="('comment',' The widow of the first brother. ');">³⁸</span>

הא נמי תנינא שני אחין נשואים שתי אחיות מת אחד מהם ואח"כ מתה אשתו של שני הרי זו אסורה עליו עולמית הואיל ונאסרה עליו שעה אחת

should be permitted, hence, he<span class="x" onmousemove="('comment',' Rah. ');">⁴¹</span> taught us [that It was not so]. But we have learned this also: If two brothers were married to two sisters, and one of the brothers died and afterwards the wife of the second brother died, behold, she<span class="x" onmousemove="('comment',' The widow of the first brother. ');">⁴²</span> is forbidden to him for all time, since she was forbidden to him for one moment!<span class="x" onmousemove="('comment',' Infra 32a. ');">⁴³</span> — It might have been assumed [that this law is applicable] only there because she was completely forced out of that house;<span class="x" onmousemove="('comment',' When her husband died and she was not permitted to marry his only surviving brother whose wife's sister she was, her connection with her husband's family had been completely severed, she remaining free to marry any stranger. ');">⁴⁴</span>

מהו דתימא התם הוא דאידחי לה מהאי ביתא לגמרי אבל הכא דלא אידחי לה מהאי ביתא לגמרי אימא מיגו דחזיא להאי נשוי נכרית חזיא נמי להאי קמ"ל:

but here, where she was not entirely forced out of that house,<span class="x" onmousemove="('comment',' Since she was still under the obligation of marrying the third brother who was married to the stranger. ');">⁴⁵</span> it might have been said that as she is suitable for the brother who married the stranger she is also<span class="x" onmousemove="('comment',' Thanks to the levirate bond with a member of her deceased husband's family. ');">⁴⁶</span> suitable for the other brother,<span class="x" onmousemove="('comment',' Who was the husband of her sister, now that the latter is dead. ');">⁴⁷</span> hence he<span class="x" onmousemove="('comment',' Rah. ');">⁴¹</span> taught us [that she was not].

<big><strong>מתני׳</strong></big> שלשה אחים שנים מהם נשואין שתי אחיות ואחד נשוי נכרית גירש אחד מבעלי אחיות את אשתו ומת נשוי נכרית וכנסה המגרש ומת זו היא שאמרו וכולן שמתו או נתגרשו צרותיהן מותרות:

<b><i>MISHNAH</i></b>. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS MARRIED TO A STRANGER, AND ONE OF THE SISTERS' HUSBANDS DIVORCED HIS WIFE, AND WHEN THE BROTHER WHO WAS MARRIED TO THE STRANGER DIED HE WHO HAD DIVORCED HIS WIFE MARRIED HER AND THEN DIED HIMSELF- THIS IS A CASE CONCERNING WHICH IT WAS SAID: AND IF ANY OF-THESE DIED OR WERE DIVORCED. THEIR RIVALS ARE PERMITTED.<span class="x" onmousemove="('comment',' The stranger who was taken in levirate marriage was never the rival of the sister of the wife of the surviving brother, since the sister had been divorced before the levirate marriage with the stranger had taken place. ');">⁴⁸</span> <b><i>GEMARA</i></b>. The reason<span class="x" onmousemove="('comment',' Why the stranger who was taken in levirate marriage by one of the husbands of the sisters is permitted to the last surviving brother. ');">⁴⁹</span> is because he<span class="x" onmousemove="('comment',' The brother who divorced his wife. ');">⁵⁰</span> had divorced [his wife first] and [his brother]<span class="x" onmousemove="('comment',' The first husband of the stranger. ');">⁵¹</span> died afterwards,<span class="x" onmousemove="('comment',' So that the stranger was not even for one moment the rival of one of the sisters, either through marriage or through the levirate bond of subjection. ');">⁵²</span>

<big><strong>גמ׳</strong></big> טעמא דגירש ואחר כך מת אבל מת ואחר כך גירש אסורה אמר רב אשי זאת אומרת יש זיקה אפילו בתרי אחי

but [if the other]<span class="x" onmousemove="('comment',' The first husband of the stranger. ');">⁵¹</span> had died [first] and he<span class="x" onmousemove="('comment',' The brother who divorced his wife. ');">⁵⁰</span> divorced [his wife] afterwards,<span class="x" onmousemove="('comment',' In which case the stranger came for a certain period under the levirate bond in respect of the husbands of the two sisters. ');">⁵³</span> she<span class="x" onmousemove="('comment',' The stranger. ');">⁵⁴</span> is forbidden.<span class="x" onmousemove="('comment',' To marry the last surviving brother. Since she was, for a period at least, the rival of one of the sisters, through the levirate bond, she may never be married to the husband of that sister's sister (being forbidden to him as the rival of his wife's sister) even if the sister whose rival she was had been subsequently divorced and ceased to be her rival. ');">⁵⁵</span>

ולרב אשי קשיא דרב נחמן אמר לך רב אשי ה"ה דאף על גב דלא עבד בה מאמר נכרית מיחלץ חלצה יבומי לא מייבמה והא דקתני מאמר לאפוקי ב"ש דאמרי מאמר קונה

Said R. Ashi: This proves that a levirate bond exists,<span class="x" onmousemove="('comment',' Between the widow of a deceased childless brother and the levirs. ');">⁵⁶</span> even where two brothers are involved.<span class="x" onmousemove="('comment',' Since, in the case under discussion, the widow whose husband died before one of the sisters had been divorced was subject to two levirs and is, nevertheless, regarded as the rival of the divorced sister, in consequence of which she is forbidden to the last surviving brother. ');">⁵⁷</span> But as to R. Ashi's [inference] does not that of R. Nahman<span class="x" onmousemove="('comment',' From a Mishnah supra, that no levirate bond exists even in the case of one brother. ');">⁵⁸</span> present a difficulty? — R. Ashi can answer you: The same law, that the stranger is to perform the <i>halizah</i> and that she is not to be taken in levirate marriage.is applicable<span class="x" onmousemove="('comment',' Contrary to R. Nahman's inference. ');">⁵⁹</span> even to the case where no ma' amar had been addressed; and the only reason why ma'amar was at all mentioned<span class="x" onmousemove="('comment',' In that Mishnah. ');">⁶⁰</span> was in order to exclude the ruling of Beth Shammai. Since they maintain that a ma'amar constitutes