Yevamot 63

Chapter 63

א ומקצתו חלוץ
1 and partially pulled down.<span class="x" onmousemove="('comment',' And the same procedure would unlawfully be followed in the case of two widows of the same brother. ');"><sup>1</sup></span> Well, let the assumption be made!<span class="x" onmousemove="('comment',' What objection can be raised against it? ');"><sup>2</sup></span> — Had he first contracted the levirate marriage and then participated in the <i>halizah</i>, no objection could be raised — 3 The preventive measure, however, has been enacted against the possibility of his participating in the <i>halizah</i> first and contracting the levirate marriage afterwards and thus placing himself under the prohibition of That doth not build up,<span class="x" onmousemove="('comment',' [H] Deut. XXV, 9. ');"><sup>4</sup></span>
ב ויאמרו אי דמייבם והדר חליץ הכי נמי
2 the All Merciful having said, 'Since he had not built<span class="x" onmousemove="('comment',' I.e., refused to marry his brother's widow, but participated in her halizah. ');"><sup>5</sup></span> he must never again build'.<span class="x" onmousemove="('comment',' Must never marry the other widow. The imperfect [H] may be rendered as a past, present or future. ');"><sup>6</sup></span> Raba said: If he<span class="x" onmousemove="('comment',' The second brother who had addressed a ma'amar to the first brother's widow. V. our Mishnah. ');"><sup>7</sup></span>
ג אלא גזירה דילמא חליץ ברישא והדר מייבם וקם ליה באשר לא יבנה ורחמנא אמר כיון שלא בנה שוב לא יבנה
3 gave a letter of divorce in respect of his ma'amar, her rival<span class="x" onmousemove="('comment',' I.e., his first wife. ');"><sup>8</sup></span> is permitted;<span class="x" onmousemove="('comment',' To the third surviving brother if the second also died without issue. The two widows are no longer rivals since the divorce has annulled the ma'amar, and they. being the widows of two different brothers, are now coming from two different houses. ');"><sup>9</sup></span> but she herself is forbidden, because she might be mistaken for one who is the holder of a letter of divorce.<span class="x" onmousemove="('comment',' That was given to her in respect of the levirate bond as well as of the ma'amar, v. infra 52b. Such a sister-in-law is forbidden under the prohibition of That doth not build up (v. supra and notes 3, 4 and 5)' since in her case the levirate bond also had been severed. ');"><sup>10</sup></span>
ד אמר רבא נתן גט למאמרו הותרה צרתה אבל היא אסורה דמחלפה בבעלת גט
4 Others say that Raba said: If he<span class="x" onmousemove="('comment',' V. note 6. ');"><sup>11</sup></span> gave a letter of divorce in respect of his ma'amar even she herself becomes permitted.<span class="x" onmousemove="('comment',' And she is thus subject to the third brother as the widow of the first. ');"><sup>12</sup></span> What is the reason? — Because what he has done to her he has taken back.<span class="x" onmousemove="('comment',' The ma'amar by which he bound her he has himself annulled. ');"><sup>13</sup></span>
ה איכא דאמרי אמר רבא נתן גט למאמרו הותרה אפי' היא מאי טעמא מאי דעבד בה שקליה:
5 <b><i>MISHNAH</i></b>. 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. ');"><sup>14</sup></span> IS FORBIDDEN TO HIM<span class="x" onmousemove="('comment',' The surviving brother. ');"><sup>15</sup></span> FOREVER, SINCE SHE WAS FORBIDDEN TO HIM FOR ONE MOMENT.<span class="x" onmousemove="('comment',' Prior to his wife's death and after the death of her husband, however short that period may have been, she was forbidden to him as his wife's sister. ');"><sup>16</sup></span>
ו <big><strong>מתני׳</strong></big> שני אחין נשואין שתי אחיות ומת אחד מהן ואחר כך מתה אשתו של שני הרי זו אסורה עליו עולמית הואיל ונאסרה עליו שעה אחת:
6 <b><i>GEMARA</i></b>. Is not this obvious? If there,<span class="x" onmousemove="('comment',' The third Mishnah, on fol. 30a supra, where there were three brothers involved, two of whom were married to two sisters and one to a stranger. ');"><sup>17</sup></span> where she<span class="x" onmousemove="('comment',' The widow of the first brother. ');"><sup>18</sup></span> was not entirely excluded from that house<span class="x" onmousemove="('comment',' For though she had been forbidden to the second brother, who was married to her sister, she was permitted to the third and she remained in the family. ');"><sup>19</sup></span>
ז <big><strong>גמ׳</strong></big> פשיטא השתא ומה התם דלא מידחיא מהאי ביתא לגמרי אמרת לא הכא דקא מידחיא מהאי ביתא לגמרי לא כ"ש תנא הא תנא ברישא והך חזיא להיתירא ושריא והדר חזיא לאיסורא ואיידי דחביבה ליה אקדמה ומשנה לא זזה ממקומה
7 it has been said, 'No',<span class="x" onmousemove="('comment',' I.e., she has been forbidden to the second brother, after the death of the third brother who had married her, owing to the original prohibition which may have lasted one moment only. even after his wife (her sister) had died. ');"><sup>20</sup></span> how much more so here<span class="x" onmousemove="('comment',' Our Mishnah where only two brothers are involved. ');"><sup>21</sup></span> where the widow is completely excluded from that house!<span class="x" onmousemove="('comment',' When her husband died there was not a single brother whom she was permitted to marry. What need, then, was there for our Mishnah? ');"><sup>22</sup></span>
ח ת"ר בא עליה חייב עליה משום אשת אח ומשום אחות אשה דברי רבי יוסי רבי שמעון אומר אינו חייב אלא משום אשת אח בלבד והא תניא ר"ש אומר אינו חייב אלא משום אחות אשה בלבד
8 -The Tanna had taught first this,<span class="x" onmousemove="('comment',' Our Mishnah where only two brothers are involved. ');"><sup>21</sup></span> while the other<span class="x" onmousemove="('comment',' v. note 1. ');"><sup>23</sup></span> was regarded by him as a permissible case,<span class="x" onmousemove="('comment',' Since, there, she was not entirely forced out of the family. ');"><sup>24</sup></span>
ט לא קשיא כאן שנשא חי ואח"כ נשא מת כאן שנשא מת ואח"כ נשא חי
9 and so he permitted it — 25 Later, however, he came to regard it as a case that was to be forbidden;<span class="x" onmousemove="('comment',' As, after all, in the case of the second brother, the levirate marriage was for a time forbidden to her. ');"><sup>26</sup></span> and, as it was dear to him<span class="x" onmousemove="('comment',' Owing to its novelty and its wider range. ');"><sup>27</sup></span> he placed it first; while our Mishnah was allowed to remain in its original form.<span class="x" onmousemove="('comment',' Lit. — 'did not move from its place'. Though in the presence of the other Mishnah it is indeed superfluous. ');"><sup>28</sup></span>
י ור' שמעון היכא דנשא מת ואח"כ נשא חי כיון דאיסור אחות אשה לא חייל תתייבם יבומי
10 Our Rabbis learned: If he<span class="x" onmousemove="('comment',' The levir. ');"><sup>29</sup></span> had intercourse with her,<span class="x" onmousemove="('comment',' The widow (v. our Mishnah), while his wife was still alive. ');"><sup>30</sup></span> he is guilty on account of both 'his brother's wife'<span class="x" onmousemove="('comment',' Since she is exempt from the levirate marriage she is forbidden to the levir as any widow of a brother who has issue. ');"><sup>31</sup></span>
יא אמר רב אשי איסור אחות אשה מיתלא תלי וקאי אי פקע איסור אשת אח אתי איסור אחות אשה וחייל והילכך לא פקע
11 and 'his wife's sister';<span class="x" onmousemove="('comment',' So that if the offence was committed unwittingly he is liable to bring two sin.offerings. ');"><sup>32</sup></span> so R. Jose. R. Simeon said: He is guilty on account of 'his brother's wife' on]y. But, surely. it was taught that R. Simeon said: He is guilty on account of 'his wife's sister' only! — This is no difficulty: There, it is a case where the surviving brother had married first<span class="x" onmousemove="('comment',' One of the sisters; and thus the prohibition of 'wife's sister' came into force first. ');"><sup>33</sup></span> and the deceased had married afterwards;<span class="x" onmousemove="('comment',' The other sister. The added prohibition of 'brother's wife' could not take effect where one prohibition was already in force. ');"><sup>34</sup></span>
יב וסבר רבי יוסי איסור חל על איסור והא תניא עבר עבירה שיש בה שתי מיתות נידון בחמורה רבי יוסי אומר נידון בזיקה הראשונה הבאה עליו
12 here it is a case where the deceased had married first and the surviving brother afterwards.<span class="x" onmousemove="('comment',' Cf. previous two notes mutatis mutandis. ');"><sup>35</sup></span> As to R. Simeon, in the case where the deceased had married first and the surviving brother married afterwards, let her, since the prohibition of wife's sister cannot take effect, be permitted even to contract the levirate marriage! — R. Ashi replied: The prohibition of wife's sister remains suspended, and as soon as the prohibition of brother's wife is removed<span class="x" onmousemove="('comment',' [H], lit., 'to split', hence removed'. ');"><sup>36</sup></span> the prohibition of wife's sister comes into force; hence It cannot be treated as non-existent.<span class="x" onmousemove="('comment',' Lit., 'it is not removed'. The levirate marriage is consequently forbidden. ');"><sup>37</sup></span>
יג ותניא כיצד אמר רבי יוסי נידון בזיקה הראשונה הבאה עליו חמותו ונעשית אשת איש נידון בחמותו אשת איש ונעשית חמותו נידון באשת איש
13 Does, then, R. Jose hold the view that one prohibition may be imposed upon another? Surely, it was taught: A man who committed a transgression which involves two death penalties<span class="x" onmousemove="('comment',' Intercourse, for instance, with a mother-in.law (which is punishable by burning) who was at the time a married woman (the penalty for which Is strangulation). ');"><sup>38</sup></span> is punished by the severer one. R. Jose said: He is to be dealt with In accordance with that prohibition which came into force first.<span class="x" onmousemove="('comment',' Tosef. Sanh. XII, Sanh. 81a. ');"><sup>39</sup></span> And it was taught: How is one to understand R. Jose's statement that sentence must be in accordance with the prohibition which came into force first? [If the woman was first] his mother-in-law<span class="x" onmousemove="('comment',' Having been a widow or divorcee at the time of his marriage. ');"><sup>40</sup></span> and then became also a married women, he is to be sentenced for [an offence against] his mother-in-law; if she was first a married woman and then became his mother-in-law, he is to be sentenced for [an offence against] a married woman!<span class="x" onmousemove="('comment',' Though the penalty in this case (strangulation) is lighter than that for an offence against a mother-in-law (burning). This proves that one prohibition may not be imposed upon another. Had it been otherwise, the severer penalty should have been inflicted though the prohibition which had caused it came into force later. ');"><sup>41</sup></span>