YEVOMOS – 41a-63b 24c The Soncino Babylonian Talmud YYEEVVOOMMOOSS BOOK III Folios 41a-63b TRANSLATED INTO ENGLISH WITH NOTES BY R E V . D R . I srael W. SLOTKI, M.A., Litt.D. UNDER THE EDITORSHIP OF R A B B I D R I. EPSTEIN B.A., Ph.D., D. Lit. CHAPTERS IV-VI Reformatted by Reuven Brauner, Raanana 5772 www.613etc.com 1 YEVOMOS – 41a-63b The question was raised: If his wife 18 died may he marry his sister-in-law? 19 — Both Yebamoth 41a Rab and R. Hanina stated: If his wife died he is permitted to marry his sister-in-law. But The Rabbis have enacted a preventive both Samuel and R. Assi stated: If his wife measure 1 in respect of her who accompanies died he is forbidden to marry his sister-in-law. the Haluzah to court; 2 in the case, however, of Said Raba: What is Rab's reason? — Because her who does not accompany her to court 3 the she is a deceased brother's wife who was 20 21 Rabbis enacted no preventive measure. 4 permitted then forbidden and then again permitted 22 and who consequently reverts to MISHNAH . WHERE HE PARTICIPATED IN A her first state of permissibility. HALIZAH WITH HIS DECEASED BROTHER'S WIFE, AND HIS BROTHER MARRIED HER R. Hamnuna raised an objection: If two of SISTER AND DIED, 5 THE WIDOW6 MUST three brothers were married to two sisters PERFORM HALIZAH BUT MAY NOT BE13 and the third was unmarried, and when one TAKEN IN LEVIRATE MARRIAGE. 7 of the sisters' husbands died the unmarried SIMILARLY 8 WHERE A MAN DIVORCED HIS brother addressed to the widow a Ma'amar, WIFE AND HIS BROTHER MARRIED HER and then the second brother 23 died, 24 and 25 SISTER AND DIED 5 THE WIDOW IS EXEMPT. 9 after him his wife also died, that sister-in- IF A BROTHER OF THE LEVIR HAD law must perform Halizah but may not be BETROTHED THE SISTER OF THE WIDOW taken in levirate marriage. 26 But why? 27 Let WHO WAS AWAITING THE LEVIR S her be regarded 28 as a deceased brother's wife DECISION, HE IS TOLD, SO IT HAS BEEN who was permitted 29 then forbidden, 30 and STATED IN THE NAME OF R. JUDAH B. then again permitted 22 who reverts to her 31 BATHYRA, WAIT 10 UNTIL YOUR BROTHER former state of permissibility! He remained HAS ACTED'. 11 IF HIS BROTHER HAS silent. After the other went out he said: I PARTICIPATED WITH THE WIDOW IN THE should have told 32 him that it 33 represents the HALIZAH OR CONTRACTED WITH HER THE view of R. Eleazar who maintains that once LEVIRATE MARRIAGE, HE MAY MARRY HIS she has been forbidden to him for one [BETROTHED] WIFE. IF THE SISTER-IN-LAW moment she is forbidden to him for ever! DIED HE MAY ALSO MARRY HIS Subsequently he remarked: It might be [BETROTHED] WIFE. BUT IF THE LEVIR contended that R. Eleazar held that view only 34 DIED, HE 12 MUST RELEASE HIS where she was not fit at the time she became [BETROTHED] WIFE BY A LETTER OF subject to the levirate marriage; 35 did he DIVORCE AND HIS BROTHER'S WIFE BY express such an opinion, however, in the case 34 HALIZAH .13 where she was fit at the time she became subject to the levirate marriage? 36 GEMARA . What [is meant by] Subsequently however, he said: Yes, 37 for, SIMILARLY? 14 — Read: BUT WHERE A surely, it was taught: R. Eleazar said: If his 38 MAN DIVORCED. Yebamah died, his wife is permitted to him; if his wife died, that Yebamah must perform 15 Resh Lakish said: Here it was taught by Halizah but may not be taken in levirate 16 Rabbi that [the prohibition to marry the] marriage. sister of a divorced wife is Pentateuchal [and that of] the sister of a Haluzah is Rabbinical. Must it then be assumed that Samuel and R. Assi are of the same opinion as R. Eleazar? 39 HAD BETROTHED [THE SISTER OF THE] — The may be said to be in agreement even WIDOW WHO WAS AWAITING THE with the Rabbis. For the Rabbis differed from LEVIR'S DECISION, etc. Samuel said: The R. Eleazar 40 only because from the time she Halachah is in agreement with the view of R. became subject to the levirate marriage and Judah b. Bathyra. 17 2 YEVOMOS – 41a-63b onward she was no longer forbidden to him. 41 10. With the consummation of the marriage. Here, 42 however, where she was so 11. I.e., until he had either contracted the levirate 43 44 marriage or submitted to Halizah . Before such forbidden even the Rabbis agree. action the sister of the widow is forbidden to him, as to all the other brothers, as the sister of MISHNAH . THE DECEASED BROTHER'S their Zekukah. WIFE 45 SHALL NEITHER PERFORM THE 12. Being the only surviving brother and, HALIZAH NOR CONTRACT LEVIRATE consequently, the only one to whom the widow MARRIAGE BEFORE THREE MONTHS HAVE is subject. PASSED. 46 SIMILARLY ALL OTHER 13. Being the sister of his divorced wife she is not 47 permitted to contract with him the levirate WOMEN SHALL BE NEITHER BETROTHED marriage. (Cf. supra p. 264, n. 11. NOR MARRIED BEFORE THREE MONTHS 14. Seeing that the clause introduced by this HAVE PASSED 46 WHETHER THEY WERE expression is not at all similar to the previous VIRGINS OR NON-VIRGINS, WHETHER one. DIVORCEES OR WIDOWS, 48 WHETHER 15. In the first two clauses of our Mishnah, 16. R. Judah the Prince, Redactor of the Mishnah. MARRIED OR BETROTHED. R. JUDAH SAID: 17. That the levirate bond between the widow and THOSE WHO WERE MARRIED MAY BE all the surviving brothers remains in force BETROTHED [FORTHWITH], AND THOSE until one of the brothers has contracted the WHO WERE BETROTHED MAY EVEN BE levirate marriage or has submitted to Halizah . MARRIED [FORTHWITH], WITH THE 18. The sister of the widow of his deceased brother. EXCEPTION OF THE BETROTHED WOMEN 19. I.e., the widow whose deceased sister is now no IN JUDAEA, BECAUSE THERE THE more his wife. BRIDEGROOM WAS TOO INTIMATE 49 WITH 20. When her husband died without issue. HIS BRIDE. 50 R. JOSE SAID: ALL [MARRIED] 21. When the brother had betrothed her sister. WOMEN 51 MAY BE BETROTHED 22. When her sister died. 52 23. Of the two who married the two sisters. [FORTHWITH] EXCEPTING THE WIDOW 24. And his widow, the sister of the first widow to whom the Ma'amar had been addressed by the 1. The prohibition to marry the rival of the third brother, had thus come under the relative of one's Haluzah . levirate bond and consequently caused her 2. I.e., her sister whom she takes with her to sister's prohibition to the third brother as 'the court when she goes to perform the Halizah . sister of his Zekukah'. The public, not being aware which of the 25. When the first widow, the surviving sister, is sisters is the Haluzah , might subsequently no more the 'sister of his Zekukah'. mistake the one for the other. Hence the rival 26. Cf. supra 29a. of the sister was forbidden to the levir who 27. If Rab's reason as given by Raba is to be participated in the Halizah in order that people accepted, why should not the widow, now that might not think that he married the rival of the her sister had died, be permitted to enter into Haluzah herself. levirate marriage? 3. The widow does not take her rival with her 28. On the analogy of Rab's reasoning. when she goes to court to perform Halizah . 29. When her husband died and the unmarried 4. Since no one is likely to mistake the rival for brother addressed a Ma'amar to her. the Haluzah . Hence the law that the relative of 30. When the second brother, the husband of the the rival is permitted. other sister, died. 5. Without issue. 31. Why then was it stated that she may not 6. Being the sister of a Haluzah . contract the levirate marriage and that she is 7. The sister of a Haluzah is (a) Pentateuchally restricted to Halizah only? permitted but (b) Rabbinically forbidden. 32. Lit., 'why did I not tell'. Because of (a) she is subjected to the levirate 33. The Baraitha cited by R. Hamnuna. bond and requires Halizah , and because of (b) 34. To be married by the levir. she is forbidden to contract the levirate 35. R. Eleazar's view was expressed in connection marriage. with a woman who had been divorced (and 8. This expression is discussed in the Gemara had thus become forbidden to the levir as the infra . 'divorcee of his brother'), and then was 9. From the Halizah as well as from the levirate remarried, and finally, on the death of her marriage. The sister of a divorced wife is husband, became subject to the levir as the Pentateuchally forbidden to the divorcee. wife of his deceased childless brother (v. infra 3 YEVOMOS – 41a-63b 108bf). In this case, when the widow became objection against R. Johanan who said that subject to the levirate obligations, she had been the Halizah of a pregnant woman is deemed to already, for a time, forbidden to the levir as 6 the 'divorcee of his brother'. be a valid Halizah ? But has not an objection 7 36. As is the case in the Baraitha cited by R.