Yevamot 81

Chapter 81

א הך דאזלא בהדה לבי דינא גזרו בהו רבנן האי דלא אזלא בהדה לבי דינא לא גזרו בהו רבנן:
1 — The Rabbis have enacted a preventive measure<span class="x" onmousemove="('comment',' The prohibition to marry the rival of the relative of one's Haluzah. ');"><sup>1</sup></span> in respect of her who accompanies the <i>haluzah</i> to court;<span class="x" onmousemove="('comment',' I.e., her sister whom she takes with her to court when she goes to perform the halizah. The public, not being aware which of the sisters is the haluzah, might subsequently mistake the one for the other. Hence the rival of the sister was forbidden to the levir who participated in the halizah in order that people might not think that he married the rival of the haluzah herself. ');"><sup>2</sup></span> in the case, however, of her who does not accompany her to court<span class="x" onmousemove="('comment',' The widow does not take her rival with her when she goes to court to perform halizah. ');"><sup>3</sup></span>
ב <big><strong>מתני׳</strong></big> החולץ ליבמתו ונשא אחיו את אחותה ומת חולצת ולא מתיבמת וכן המגרש את אשתו ונשא אחיו את אחותה ומת הרי זו פטורה
2 the Rabbis enacted no preventive measure.<span class="x" onmousemove="('comment',' Since no one is likely to mistake the rival for the haluzah. Hence the law that the relative of the rival is permitted. ');"><sup>4</sup></span> <b><i>MISHNAH</i></b>. WHERE HE PARTICIPATED IN A <i>HALIZAH</i> WITH HIS DECEASED BROTHER'S WIFE, AND HIS BROTHER MARRIED HER SISTER AND DIED,<span class="x" onmousemove="('comment',' Without issue. ');"><sup>5</sup></span> THE WIDOW<span class="x" onmousemove="('comment',' Being the sister of a haluzah. ');"><sup>6</sup></span>
ג שומרת יבם שקידש אחיו את אחותה משום רבי יהודה בן בתירא אמרו אומרים לו המתן עד שיעשה אחיך מעשה
3 MUST PERFORM <i>HALIZAH</i> BUT MAY NOT BE TAKEN IN LEVIRATE MARRIAGE.<span class="x" onmousemove="('comment',' The sister of a haluzah is (a) Pentateuchally permitted but (b) Rabbinically forbidden. Because of (a) she is subjected to the levirate bond and requires halizah, and because of (b) she is forbidden to contract the levirate marriage. ');"><sup>7</sup></span> SIMILARLY<span class="x" onmousemove="('comment',' This expression is discussed in the Gemara infra. ');"><sup>8</sup></span> WHERE A MAN DIVORCED HIS WIFE AND HIS BROTHER MARRIED HER SISTER AND DIED<span class="x" onmousemove="('comment',' Without issue. ');"><sup>5</sup></span>
ד חלץ לה אחיו או כנסה יכנוס את אשתו מתה היבמה יכנוס את אשתו מת יבם יוציא את אשתו בגט ואשת אחיו בחליצה:
4 THE WIDOW IS EXEMPT.<span class="x" onmousemove="('comment',' From the halizah as well as from the levirate marriage. The sister of a divorced wife is Pentateuchally forbidden to the divorcee. ');"><sup>9</sup></span> IF A BROTHER OF THE LEVIR HAD BETROTHED THE SISTER OF THE WIDOW WHO WAS AWAITING THE LEVIR S DECISION, HE IS TOLD, SO IT HAS BEEN STATED IN THE NAME OF R. JUDAH B. BATHYRA, WAIT<span class="x" onmousemove="('comment',' With the consummation of the marriage. ');"><sup>10</sup></span> UNTIL YOUR BROTHER HAS ACTED'.<span class="x" onmousemove="('comment',' I.e., until he had either contracted the levirate marriage or submitted to halizah. Before such action the sister of the widow is forbidden to him, as to all the other brothers, as the sister of their zekukah. ');"><sup>11</sup></span>
ה <big><strong>גמ׳</strong></big> מאי וכן אימא אבל המגרש
5 IF HIS BROTHER HAS PARTICIPATED WITH THE WIDOW IN THE <i>HALIZAH</i> OR CONTRACTED WITH HER THE LEVIRATE MARRIAGE, HE MAY MARRY HIS [BETROTHED] WIFE. IF THE SISTER-IN-LAW DIED HE MAY ALSO MARRY HIS [BETROTHED] WIFE. BUT IF THE LEVIR DIED, HE<span class="x" onmousemove="('comment',' Being the only surviving brother and, consequently, the only one to whom the widow is subject. ');"><sup>12</sup></span> MUST RELEASE HIS [BETROTHED] WIFE BY A LETTER OF DIVORCE AND HIS BROTHER'S WIFE BY <i>HALIZAH</i>.<span class="x" onmousemove="('comment',' Being the sister of his divorced wife she is not permitted to contract with him the levirate marriage. (Cf. supra p. 264, n. 11. ');"><sup>13</sup></span> <b><i>GEMARA</i></b>. What [is meant by] SIMILARLY?<span class="x" onmousemove="('comment',' Seeing that the clause introduced by this expression is not at all similar to the previous one. ');"><sup>14</sup></span>
ו אמר ריש לקיש כאן שנה רבי אחות גרושה מדברי תורה אחות חלוצה מדברי סופרים:
6 — Read: BUT WHERE A MAN DIVORCED. Resh Lakish said: Here<span class="x" onmousemove="('comment',' In the first two clauses of our Mishnah, ');"><sup>15</sup></span> it was taught by Rabbi<span class="x" onmousemove="('comment',' R. Judah the Prince, Redactor of the Mishnah. ');"><sup>16</sup></span>
ז שומרת יבם שקידש וכו': אמר שמואל הלכה כדברי רבי יהודה בן בתירא
7 that [the prohibition to marry the] sister of a divorced wife is pentateuchal [and that of] the sister of a <i>haluzah</i> is Rabbinical. HAD BETROTHED [THE SISTER OF THE] WIDOW WHO WAS AWAITING THE LEVIR'S DECISION etc. Samuel said: The <i>halachah</i> is in agreement with the view of R. Judah b. Bathyra.<span class="x" onmousemove="('comment',' That the levirate bond between the widow and all the surviving brothers remains in force until one of the brothers has contracted the levirate marriage or has submitted to halizah. ');"><sup>17</sup></span> The question was raised: If his wife<span class="x" onmousemove="('comment',' The sister of the widow of his deceased brother. ');"><sup>18</sup></span>
ח איבעיא להו מתה אשתו מהו ביבמתו רב ורבי חנינא דאמרי תרוייהו מתה אשתו מותר ביבמתו שמואל ורב אסי דאמרי תרוייהו מתה אשתו אסור ביבמתו
8 died may he marry his sister-in-law?<span class="x" onmousemove="('comment',' I.e., the widow whose deceased sister is now no more his wife. ');"><sup>19</sup></span> — Both Rab and R. Hanina stated: If his wife died he is permitted to marry his sister-in-law. But both Samuel and R. Assi stated: If his wife died he is forbidden to marry his sister-in-law. Said Raba: What is Rab's reason? — Because she is a deceased brother's wife who was permitted<span class="x" onmousemove="('comment',' When her husband died without issue. ');"><sup>20</sup></span> then forbidden<span class="x" onmousemove="('comment',' When the brother had betrothed her sister. ');"><sup>21</sup></span>
ט אמר רבא מאי טעמא דרב משום דהואי יבמה שהותרה ונאסרה וחזרה והותרה תחזור להיתירה הראשון
9 and then again permitted<span class="x" onmousemove="('comment',' When her sister died. ');"><sup>22</sup></span> and who consequently reverts to her first state of permissibility. R. Hamnuna raised an objection: If two of three brothers were married to two sisters and the third was unmarried, and when one of the sisters' husbands died the unmarried brother addressed to the widow a ma'amar, and then the second brother<span class="x" onmousemove="('comment',' Of the two who married the two sisters. ');"><sup>23</sup></span>
י מתיב רב המנונא ג' אחין ב' נשואין ב' אחיות ואחד מופנה מת אחד מבעלי אחיות ועשה בה מופנה מאמר ואחר כך מת אחיו השני
10 died,<span class="x" onmousemove="('comment',' And his widow, the sister of the first widow to whom the ma'amar had been addressed by the third brother, had thus come under the levirate bond and consequently caused her sister's prohibition to the third brother as 'the sister of his zekukah'. ');"><sup>24</sup></span> and after him his wife also died,<span class="x" onmousemove="('comment',' When the first widow, the surviving sister, is no more the 'sister of his zekukah'. ');"><sup>25</sup></span> that sister-in-law must perform <i>halizah</i> but may not be taken in levirate marriage.<span class="x" onmousemove="('comment',' Cf. supra 29a. ');"><sup>26</sup></span>
יא ואחר כך מתה אשתו אחריו אותה יבמה חולצת ולא מתיבמת
11 But why?<span class="x" onmousemove="('comment',' If Rab's reason as given by Raba is to be accepted, why should not the widow, now that her sister had died, be permitted to enter into levirate marriage? ');"><sup>27</sup></span> Let her be regarded<span class="x" onmousemove="('comment',' On the analogy of Rab's reasoning. ');"><sup>28</sup></span> as a deceased brother's wife who was permitted<span class="x" onmousemove="('comment',' When her husband died and the unmarried brother addressed a ma'amar to her. ');"><sup>29</sup></span>
יב ואמאי תיהוי כיבמה שהותרה ונאסרה וחזרה והותרה תחזור להיתירה הראשון
12 then forbidden,<span class="x" onmousemove="('comment',' When the second brother, the husband of the other sister, died. ');"><sup>30</sup></span> and then again permitted<span class="x" onmousemove="('comment',' When her sister died. ');"><sup>22</sup></span> who reverts to her former state of permissibility!<span class="x" onmousemove="('comment',' Why then was it stated that she may not contract the levirate marriage and that she is restricted to halizah only? ');"><sup>31</sup></span>
יג אישתיק לבתר דנפק אמר אמאי לא אמרת ליה רבי אלעזר היא דאמר כיון שעמדה עליו שעה אחת באיסור נאסרה עליו עולמית
13 He remained silent. After the other went out he said: I should have told<span class="x" onmousemove="('comment',' Lit., 'why did I not tell'. ');"><sup>32</sup></span> him that it<span class="x" onmousemove="('comment',' The Baraitha cited by R. Hamnuna. ');"><sup>33</sup></span> represents the view of R. Eleazar who maintains that once she has been forbidden to him for one moment she is forbidden to him for ever! Subsequently he remarked: It might be contended that R. Eleazar held that view only where she was not fit<span class="x" onmousemove="('comment',' To be married by the levir. ');"><sup>34</sup></span>
יד הדר אמר אימור דא"ר אלעזר היכא דלא חזיא בשעת נפילה אבל היכא דחזיא בשעת נפילה מי אמר
14 at the time she became subject to the levirate marriage;<span class="x" onmousemove="('comment',' R. Eleazar's view was expressed in connection with a woman who had been divorced (and had thus become forbidden to the levir as the 'divorcee of his brother'), and then was remarried, and finally, on the death of her husband, became subject to the levir as the wife of his deceased childless brother (v. infra 108bf). In this case, when the widow became subject to the levirate obligations, she had been already, for a time, forbidden to the levir as the 'divorcee of his brother'. ');"><sup>35</sup></span> did he express such an opinion, however, in the case where she was fit<span class="x" onmousemove="('comment',' To be married by the levir. ');"><sup>34</sup></span> at the time she became subject to the levirate marriage?<span class="x" onmousemove="('comment',' As is the case in the Baraitha cited by R. Hamnuna. The prohibition there arose after she had become subject to the obligations of the levirate. ');"><sup>36</sup></span>
טו הדר אמר אין והתניא רבי אלעזר אומר מתה יבמתו מותר באשתו מתה אשתו אותה יבמה חולצת ולא מתיבמת
15 Subsequently however, he said: Yes,<span class="x" onmousemove="('comment',' I.e., R. Eleazar forbids levirate marriage for ever, if the widow was unfit for such a marriage for one single moment, even if at the time when she became subject to the levirate obligations she (the widow) was quite fit to contract the carriage. ');"><sup>37</sup></span> for, surely, it was taught: R. Eleazar said: If his<span class="x" onmousemove="('comment',' The levir's, who betrothed the sister of his yebamah. ');"><sup>38</sup></span> yebamah died, his wife is permitted to him; if his wife died, that yebamah must perform <i>halizah</i> but may not be taken in levirate marriage.
טז לימא שמואל ורב אסי דאמרי כר' אלעזר
16 Must it then be assumed that Samuel and R. Assi are of the same opinion as R. Eleazar?<span class="x" onmousemove="('comment',' Who is in a minority, against that of the Rabbis. Would they agree with a minority against the ruling of the majority? ');"><sup>39</sup></span> — The may be said to be in agreement even with the Rabbis. For the Rabbis differed from R. Eleazar<span class="x" onmousemove="('comment',' In the case of a woman who had been divorced and then remarried and then became subject to the levirate obligation, infra 108b. Cf. supra p. 266, n. 16. ');"><sup>40</sup></span> only because from the time she became subject to the levirate marriage and onward she was no longer forbidden to him.<span class="x" onmousemove="('comment',' The prohibition having ceased with the death of her husband when the obligation of the levirate had arisen. ');"><sup>41</sup></span>
יז אפי' תימא כרבנן עד כאן לא קמיפלגי רבנן עליה דרבי אלעזר אלא משום דמנפילה ואילך לא מיתסר עלייהו אבל הכא דאיתסר אפילו רבנן מודו:
17 Here,<span class="x" onmousemove="('comment',' The case cited by R. Hamnuna. ');"><sup>42</sup></span> however, where she was so forbidden<span class="x" onmousemove="('comment',' Because after she became subject to the levirate obligations he was for a time, owing to the death of his second brother, forbidden to him as the sister of his zekukah. ');"><sup>43</sup></span> even the Rabbis agree.<span class="x" onmousemove="('comment',' That only halizah must be performed, levirate marriage being forbidden. ');"><sup>44</sup></span>
יח <big><strong>מתני׳</strong></big> היבמה לא תחלוץ ולא תתייבם עד שיש לה שלשה חדשים וכן כל שאר הנשים לא יתארסו ולא ינשאו עד שיהו להן שלשה חדשים אחד בתולות ואחד בעולות אחד גרושות ואחד אלמנות אחד נשואות ואחד ארוסות
18 <b><i>MISHNAH</i></b>. THE DECEASED BROTHER'S WIFE<span class="x" onmousemove="('comment',' Whose husband died without issue, and who became subject to the levirate obligations. ');"><sup>45</sup></span> SHALL NEITHER PERFORM THE <i>HALIZAH</i> NOR CONTRACT LEVIRATE MARRIAGE BEFORE THREE MONTHS HAVE PASSED.<span class="x" onmousemove="('comment',' From the date of her husband's death. The reasons are discussed in the Gemara infra. ');"><sup>46</sup></span> SIMILARLY ALL OTHER WOMEN<span class="x" onmousemove="('comment',' Whose husbands have died. ');"><sup>47</sup></span>
יט רבי יהודה אומר הנשואות יתארסו והארוסות ינשאו חוץ מן הארוסות שביהודה מפני שלבו גס בה
19 SHALL BE NEITHER BETROTHED NOR MARRIED BEFORE THREE MONTHS HAVE PASSED<span class="x" onmousemove="('comment',' From the date of her husband's death. The reasons are discussed in the Gemara infra. ');"><sup>46</sup></span> WHETHER THEY WERE VIRGINS OR NON-VIRGINS, WHETHER DIVORCEES OR WIDOWS,<span class="x" onmousemove="('comment',' The distinctions between these classes are discussed in the Gemara. ');"><sup>48</sup></span> WHETHER MARRIED OR BETROTHED.
כ ר' יוסי אומר כל הנשים יתארסו חוץ מן האלמנה
20 R. JUDAH SAID: THOSE WHO WERE MARRIED MAY BE BETROTHED [FORTHWITH], AND THOSE WHO WERE BETROTHED MAY EVEN BE MARRIED [FORTHWITH], WITH THE EXCEPTION OF THE BETROTHED WOMEN IN JUDAEA, BECAUSE THERE THE BRIDEGROOM WAS TOO INTIMATE<span class="x" onmousemove="('comment',' Lit., 'his heart is bold', and cohabitation might have taken place. ');"><sup>49</sup></span> WITH HIS BRIDE.<span class="x" onmousemove="('comment',' Cf. Keth. 12a, ');"><sup>50</sup></span> R. JOSE SAID: ALL [MARRIED] WOMEN<span class="x" onmousemove="('comment',' Whose husbands have died. ');"><sup>51</sup></span> MAY BE BETROTHED [FORTHWITH] EXCEPTING THE WIDOW<span class="x" onmousemove="('comment',' Who must allow a period of thirty days to pass. ');"><sup>52</sup></span>