database_export
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json
/Mishnah
/Rishonim on Mishnah
/Bartenura
/Seder Nashim
/Bartenura on Mishnah Yevamot
/English
/Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020.json
{ | |
"language": "en", | |
"title": "Bartenura on Mishnah Yevamot", | |
"versionSource": "http://sefaria.org/", | |
"versionTitle": "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020", | |
"license": "CC-BY", | |
"versionNotes": "", | |
"shortVersionTitle": "Rabbi Robert Alpert, 2020", | |
"actualLanguage": "en", | |
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"direction": "ltr", | |
"heTitle": "ברטנורא על משנה יבמות", | |
"categories": [ | |
"Mishnah", | |
"Rishonim on Mishnah", | |
"Bartenura", | |
"Seder Nashim" | |
], | |
"text": [ | |
[ | |
[ | |
"חמש עשרה נשים פוטרות צרותיהן – for one of them was married to his brother, and he had two wives and died without children, both of them are exempt [Halitzah and levirate marriage] , as it states (Leviticus 18:18): “Do not marry a woman as a rival to her sister and uncover her nakedness in the other’s [lifetime],” for the inference does not teach us about her but rather to teach you that even his sister-in-law (i.e., the widow of a brother who died without issue) that is stated about her (Deuteronomy 25:5): “Her husband’s brother shall unite with her: [he shall take her as his wife and perform the levir’s duty].” If she is “do not marry a woman as a rival to her sister” and the same law applies to the rest of the forbidden relationships [in the Torah] that have [the punishment of] extirpation. But I don’t have anything but her, her rival-wife, from where do we learn this in the Torah? The inference teaches us לצור צרתה (I Samuel 1:6) – “her rival”; from where do we learn in the Torah צרתה? The inference teaches us (Leviticus 18:18): לצרור – “as a rival,” which implies “do not marry,” neither he nor her rival wife, nor the rival of her rival wife.", | |
"בתו ובת בתו וכו' – regarding his daughter from his outraged wife, and similarly, the daughter of his daughter and the daughter of his son, for whereas his daughter from his wife which is the daughter of his wife for since it is written (Leviticus 18:17): [“Do not uncover the nakedness of] a woman and her daughter,” there is no difference whether it is from him neither there is any difference if it is from another man, but his daughter from his outraged wife, one does not derive from this Biblical verse, because it implies a wife through betrothal/Kiddushin, but it is derived from (Leviticus 18:17): “[nor shall you marry] her son’s daughter or her daughter’s daughter [and uncover her nakedness: they are kindred; it is depravity].”", | |
"חמותו ואם חמותו ואם חמיו – all of these are forbidden to him because of (Leviticus 18:17): “Do not uncover the nakedness of a woman and her daughter; nor shall you marry her son’s daughter or her daughter’s daughter [and uncover her nakedness];” there is included within this his mother-in-law, the mother of his mother-in-law and the mother of his father-in-law.", | |
"אחותו מאמו – [his sister from his mother] who was married to his brother from his father, and he died, and similarly, the sister of his mother, for there is no levirate marriage, other than with his brother from his father for we derive “his brother, his brother” from the children of Jacob; just as there it is from the father, even though that there are none from the mother, so too here, there is no difference.", | |
"ואשת אחיו מאמו – [the wife of his brother from his mother] who died and she married his [the dead husband’s] brother from his father for she was a stranger regarding him, and he died without children and she fell before him for levirate marriage but she is forbidden to him because she was first the wife of his brother from his mother, and is prohibited to him forever, as it is written (Leviticus 18:16): “Do not uncover the nakedness of your brother’s wife; [it is the nakedness of your brother],” and we expound, “your brother,” whether from the father or whether from the mother.", | |
"ואשת אחיו שלא היה בעולמו – such as, for example, Reuven who died without children and a brother was born to him after his death and his name is Levi, but Shimon performed levirate marriage with his wife and he has another wife and he died without children, and both of them fell before Levi, both of them are exempt, since the wife of Reuven who married Shimon is forbidden to Levi through [the punishment of] extirpation because Scripture had exempted him from Levirate marriage from Levi, as it states (Deuteronomy 25:5): “When brothers dwell together [and one of them dies and leaves no son the wife of the deceased shall not be married to a stranger, outside of her family: Her husband’s brother shall unite with her: he shall take her as his wife and perform the levir’s duty],” that they had one seating in the world; therefore, when Reuven died , she was forbidden upon Levi forever as the brother’s wife who has children and even though that now she fell from the power of the marriage of Shimon who was prohibited to him in his world on account of Reuven, and just as she is prohibited, so too is her rival wife forbidden.", | |
"וכלתו – [his former daughter-in-law – who then married his brother] whose son died, and she married his brother and his daughter-in-law is prohibited to him eternally and even after his son died.", | |
"וכולן אם מתו – such as, for example, this son died before the death of his brother ore she refused him, and even though there is no refusal other than with an minor female orphan whose mother or her mothers married her off, it is found regarding her that she refused him during the lifetime of her father, such as, for example, that her father married her off to another and she was divorced while still a minor, her father does not have control over her and she married off to the brothers of her father while she was still a minor, then she goes free through refusal and we call her further on an orphan during the lifetime of [her] father and if she refused his brother or was divorced from him or was found to be a barren woman whose acquisition was an errant purchase, it is as if she was never the wife of his brother, her rival/co-wife engages in a levirate marriage.", | |
"אילוני' – the language of a male ram from the sheep and her signs are explained clearly – that she does not have breasts like women and she does not have signs of puberty and her voice is thick like that of a male and she does not have the lower part of her abdomen like women , meaning to say, that this place does not protrude from her body like the lewdness of other women.", | |
"ואי אתה יכול לומר וכו' – that they already give birth from another prior to her being married to his brother; therefore, these are not barren women and there is also no refusal, for they are adults and only a minor [woman] may refuse, but our Tanna/teacher does not consider his mother amidst the women who exempt their rival/co-wives, for he holds like the one who holds that a man does not marry the outranged woman of his father and seduced woman of his father, but according to the one who says , that a man may marry the outraged wife of his father and the seduced wife of his and this is Halakha. It is possible that his mother married his brother from his father, and when he dies without children, it is found that his mother falls before her son for levirate marriage, and there are found sixteen women who exempt their rival/co-wives, and is mother is one of them, and this is the Halakha." | |
], | |
[ | |
"כשם שבתו פטורה – for [his daughter] is prohibited to him and there is no brother other than him, hence her rival/co-wife is also exempt.", | |
"הלכה צרת בתו ונשאת לקאחיו השני – where there is another brother that both of them are permitted to hi, and are not exempt, for there is here the commandment of levirate marriage and one of them engages in levirate marriage and the other is exempt, as it is written (Deuteronomy 25:9): “[Thus shall be done to the man who will not build up] his brother’s house;” he builds one house, but he does not build two homes, and if the second brother performed a levirate marriage with the rival wife of his daughter, and he [himself] has another wife, and he dies without children, and they returned and fell before him.", | |
"כשם שצרת בתו פטורה – that she became forbidden upon him from the time of the falling of his first brother, so too is the latter’s present associate/rival wife of his second brother’s wife is exempt, for this woman exempts her for the rivals of a woman forbidden on account of consanguinity exempts her rival/co-wife.", | |
"ואפילו הם מאה – [and even if they are one-hundred] brothers, and the rivals of a woman forbidden on account of consanguinity of his daughter went and engaged in levirate marriage with his third brother, and he has another wife, and he died without children, both of them are forbidden to each other, and similarly forever.", | |
"צרתה מותרת – to engage in levirate marriage for at the time of the levirate relation, she was not her rival wife.", | |
"וכל היכולה למאן – when she is a minor, [the woman forbidden to a man] and she is able to refuse, but she did not refuse, and his brother died, for since [her betrothal/Kiddushin] is not other than Rabbinic and her levirate relation is not other than Rabbinic, she does not exempt her rival/co-wife from Halitzah but to engage in levirate marriage is forbidden for she appears as forbidden on account of consanguinity." | |
], | |
[ | |
"שש עריות חמורות מאלו – and what is their stringency? That they are married to others (i.e., outsiders). But they are not able to marry the brother of this one from his father, and if their husbands died, who are “strangers” (i.e., outsiders) regarding this one, their rival/co-wives are permitted to marry to this one, for the rivals of a woman are not forbidden on account of consanguinity other than when she falls before him for levirate marriage from his brother. And our Rabbi/teacher, Moshe bar Maimon (i.e., Maimonides) explained, that if they married through sin to his brother and he died without children, and they fell [before him] for levirate marriage, their rival/co-wives are permitted, for these are not [forbidden] on account of consanguinity since their betrothal/Kiddushin do not take effect to his brother in those forbidden relations of incest.", | |
"אמו – she cannot marry his brother from his father, for she is to him the wife of the father, according to the one who says that the ravaged wife of his father is prohibited, and above (Mishnah two), I explained, that this is not the Halakha, but rather, his mother exempts her rival/co-wife, for she is able to marry to his brother from his father.", | |
"אשת אביו אשת אחיו מאביו – [that he had children] and the sister of his father, all of them are forbidden to his brother, like they are forbidden to him, and there is not side of Levirate marriage on this forever, and if others married them and they have other wives, and they (i.e., the husbands) died, their rival/co-wives are permitted to marry this one, and similarly, if his brother married them in sin, and he died without children, their rival/co-wives are permitted." | |
], | |
[ | |
"בית שמאי מתירין – the rival of a woman forbidden on account of consanguinity is to be married by the levir, for they (i.e., the School of Shammai) lack this exposition/Midrashic interpretation of (Leviticus 18:18): “[Do not marry a woman] as a rival [to her sister and uncover her nakedness in the other’s lifetime].”", | |
"חלצו – [they performed the ritual of Halitzah] the rival/co-wives from the brothers.", | |
"בית שמאי פוסלין – the rival/co-wives from the priesthood, since their [act of] Halitzah is [considered] Halitzah.", | |
"ובית הלל מכשירין – that their [act of] Halitzah was not a necessity and she is considered as one who performed Halitzah from a heathen/foreigner.", | |
"נתיבמו – to brothers.", | |
"בית שמאי מכשירין – [The School of Shammai validates them] to Kohanim, if they had become widowed from their levirs.", | |
"ובית הלל פוסלים – that they had engaged in sexual relationship with those forbidden to them, and one who engages in sexual relations with one prohibited to her makes her a harlot, and a harlot is prohibited to [marry] a Kohen.", | |
"לא נמנעו – and even though that the children of the rival/co-wives who had been married by the levir that according to the School of Shammai are Mamzerim/illegitimate according to the School of Hillel, and they are [included] in the prohibition of marrying the wife of one’s brother upon them, and the [violation of] the [marriage of the] wife of one’s brother is [liable to] extirpation, and those who are liable for extirpation are considered Mamzerim/illegitimate, nevertheless, [members of] the School of Hillel were not prevented from marrying women from the School of Shammai, because they would inform them of those women coming from the rival/co-wives and separate from them.", | |
"אלו על גבי אלו – they would loan their utensils one to the other. And in the Gemara (Tractate Yevamot 14a), raises an objection on that which is taught [in our Mishnah]: “The School of Shammai declares that the rival/co-wives are permitted [to enter into levirate marriage with] the brothers and the School of Hillel [prohibits] . They call it here (Deuteronomy 14:1): “You shall not gash yourselves/לא תתגדדו “ – do not form yourselves into religious [factions]. And they responded – such as the case of one Jewish court in one city – where half teach according to the School of Shammai and half teach according to the School of Hillel, but [where there are] two Jewish courts in one city, and all the more so, two Jewish courts in two towns, it does not matter." | |
] | |
], | |
[ | |
[ | |
"כיצד אשת אחיו שלא היה בעולמו – she exempts her rival/co-wife [from the requirement of levirate marriage or Halitzah].", | |
"ונולד להן אח – and was found to be dependent upon a levir, but upon him she is prohibited because of [the prohibition of] the brother’s wife, for he was not a contemporary [having not yet been born].", | |
"ואח\"כ יבם השני את אשת אחיו – and he has another wife.", | |
"ומת – without children.", | |
"הראשונה – she is the wife of the first brother who fell before him already one time, goes forth because of [the prohibition of] being the wife of his brother who had not yet been born.", | |
"עשה בה – this one who died.", | |
"מאמר – the explanation he betrothed her with money (as opposed to a document or an act of sexual intercourse) and with a Yevamah/widow of his deceased brother who died without issue, betrothal thorugh money is not a complete Kiddushin/betrothal, but rather, from the words of the Scribes/Soferim, the Yevamah is not acquired to the levir to become like a completely married woman until he comes upon her and he didn’t have sufficient time to marry her until he died.", | |
"שנייה חולצת – and it does not exempt her because of being a rival of a woman forbidden on account of consanguinity because she is not actually her rival/co-wife.", | |
"ולא מתיבמת – because the statement of intention acquires partially and she is [also] partially a rival of a woman forbidden on account of consanguinity, and in every place where there isn’t complete Kiddushin/betrothal, she performs the act of Halitzah and does not engage in a levirate marriage." | |
], | |
[ | |
"ומת – the levir who married the wife of the brother who died without issue.", | |
"מיבם לאיזו שירצה – and she exempts her [co-wife] colleague, and this does not refer to performing a statement of intention [of levirate marriage] , but rather, it refers to the first clause [of the Mishnah], as it is taught, the first is prohibited, etc. and as Rabbi Shimon states for since he was born, she had already had a levirate marriage performed on her and she did not have on this one the levirate relation through the marriage of his first brother ever, she is permitted to him, but the Halakha is not according to Rabbi Shimon." | |
], | |
[ | |
"לא חולצת ולא מתיבמת – her rival/co-wife and all the more so she herself, and similarly, a barren woman, as it is written (Deuteronomy 25:6): “[The first son] that she bears [shall be accounted to the dead brother that his name not be blotted out in Israel],” excluding a barren woman [ and similarly, the wife of a eunuch born without visible testicles and an androgynous individual does not engage in Halitzah nor levirate marriage, as it states ( there -Deuteronomy 25:5): “[When brothers dwell together and one of them lies] and leaves no son, [the wife of the deceased shall not be married to a stranger, outside the family],” excluding those for whom it is inappropriate for them to have children, and the wife of a convert and the wife of a freed slave does not engage in Halitzah nor levirate marriage, for there is no legal status of consanguinity neither for converts nor slaves, but a barren woman and an elderly women either engages in Halitzah or levirate marriage.", | |
"אחותה – [her sister] who is a woman forbidden to a man on account of consanguinity when she is [also] her sister-in-law [widow of her childless brother-in-law] such as, for example, when two sisters fell to him from his two brothers and the one is prohibited upon him because of consanguinity such as when she is his mother-in-law or daughter-in-law, she performs Halitzah or levirate marriage but now did not come in contact with the sister of his levirate relation because someone forbidden on account of consanguinity is not his levirate relation." | |
], | |
[ | |
"שניות – [secondary grade of forbidden relationships seen as incestuous] – forbidden incestuous or adulterous sexual relationships that the Scribes/Soferim decreed upon them which are called prohibitions resulting from a Mitzvah (i.e., based upon the Mitzvah not to deviate from the rulings of the Sages – see Deuteronomy 17:11), for it is a Mitzvah to hearken to the words of the Sages, and which are they? The mother of his mother, and there is no limitation but if it is the father of his mother alone, and the mother of his father, and it has no limitation [and if the father of his father] and the wife of his father’s father, and it has no limitation, and the wife of his mother’s father alone, and the wife of his brother’s father from the mother, and the wife of his mother’s brother, whether from the mother or whether from the father and there is no limitation, and daughter-in-law of his daughter, and the daughter of his son’s daughter and the daughter of the daughter’s daughter and the daughter of’s his son’s son and the daughter of his son’s daughter, and the daughter [of the daughter] of the son of his wife, and the daughter [of the daughter] of his wife’s daughter, and the mother of the mother of his father’s wife, and the mother of [the mother] of his wife’s mother, and the father of the mother of his wife’s mother, and the mother of the father of his father’s wife.", | |
"", | |
"גרושה וחלוצה לכהן הדיוט – such as, for example, that he (i.e., as a Kohen) transgressed his dead brother and had married a divorcee or a woman who had undergone Halitzah, and when he died, she needs Halitzah for Kiddushin/betrothal takes effect in those liable for violating negative commandments, but not levirate marriage, for she is prohibited to him, but to exempt/free her without anything is impossible, for it is not strong to release her, for we derive “her” from the wife’s sister, which is punishable by extirpation." | |
], | |
[ | |
"אח מכל מקום – even a Mamzer/illegitimate child (see Talmud Yevamot 22a)", | |
"אחיו לכל דבר – to inherit him and to become defiled to him.", | |
"שפחה נכרית – her offspring we got after her, as it is written regarding the maidservant (Exodus 21:4): “[If his master gave him a wife, and she has borne him children,] the wife and her children shall belong to the master, [and he shall leave alone],” but regarding a heathen woman, it is written (Deuteronomy 7:4): “For they (literally, “he) will turn your children away from Me [to worship other gods],” since it is not written, “for you will turn [your children] away,” we learn from it - this is what he said (Deuteronomy 7:4): “Do not give your daughters to their sons” – for the husband of your daughter will turn aside the son that your daughter will give birth to him away from Me. But regarding “or take their daughters for your sons” (Deuteronomy 7:3), we are not zealous in religious observance, for a child that comes from the heathen woman is not called your son, but rather, her son." | |
], | |
[ | |
"ואינו יודע איזו קדש – and he is prohibited to both of them because each one of them is able to say, this is the wife’s sister.", | |
"חולץ לשתיהן – because she is the sister of the woman engaged in Halitzah, and she is prohibited to him [during her lifetime] according to the Rabbis, but also not to perform levirate marriage in the first clause. For perhaps this is not his widow of the deceased husband who died without issue, and when he came in contact with the sister of his levirate relation, it is like she is his wife.", | |
"היו לו שנים אחד חולץ – at first to the first [woman] and the second, if he wants to engage in levirate marriage with the second, he does so, for if this [one] is his deceased brother’s widow, fine, and if she is her sister, he did not approach the sister of his levirate relation because Halitzah for that one removes her from being a levirate relation.", | |
"קדמו וכנסו – prior to the Jewish court took counsel.", | |
"אין מוציאין אותן מידם – that we don’t remove them from their hands because each one said I am best to marry; alternatively, it is the opposite, that the first who performed a levirate marriage, married the sister of his levirate relation, at that hour he performed a prohibited action and when his brother came and performed a levirate marriage with the second, who is the widow of the deceased brother who died without issue, her levirate relationship has ceased retroactively from the other one." | |
], | |
[ | |
"שנים שקדשו שתי אחיות – two strangers (i.e., not related to each other).", | |
"זה חולץ לשתיהן כו' – because each of them is prohibited to perform levirate marriages for perhaps eah one of them came in contact with the sister of his levirate connection.", | |
"היחיד חולץ לשתיהן – for it is impossible for him to perform levirate marriage not prior to the Halitzah of the second because of [the prohibition of] the sister of his levirate relation, but not after Halitzah because of the sister of the woman undergoing Halitzah; therefore, since it is prohibited to perform levirate marriage, he should perform Halitzah to both of them in order to remove her [i.e., the woman] who is his Yevamah /widow of her deceased husband who died without issue from the prohibition of a woman who is the widow of a deceased husband who died without issue from the general public.", | |
"והשנים אחד חולץ – to cause a release of the levirate relation from his brother, if this woman is his Yevama/widow of his dead brother who died without issue, and permit her sister to the second [brother] whatever you want, if she is his sister-in-law/Yevamah, fine, and if she is her sister, you have released the levirate relation of the sister-in-law from him through the ac of Halitzah by his brother.", | |
"אחיו של זה מייבם חלוצתו של זה – whatever you want if this is his sister-in-law, he marries her and it is well and good, for his brother did not perform Halitzah on that one but rather on her sister, who was not his sister-in-law and is not anything [to him] and if she is not his sister-in-law , he has done well by marrying a stranger (i.e., unconnected woman), for if it were because she is the sister of the levirate relation, it is nothing, since his brother performed on Halitzah with her sister who is his sister-in-law/Yevamah, and the levirate relation of the sister-in-law has been released, but if it was because it was an entrance to the open marketplace, this one has performed Halitzah with the brothers of her husband.", | |
"קדמו שני אחין – of one of them and they performed Halitzah with both of them (i.e., the women) to his a", | |
"לא ייבמו – the two [other] brothers, one with this [woman] and that one (i.e., brother) with the other [woman] because the first one that marries, is able to say, this woman is the sister of his levirate relation, but rather, one [brother] performs Halitzah first to one of ", | |
"ואחד מיבם – and the other [brother] performs levirate marriage with the second, whatever you want, if he is sister-in-law, fine, and if not, he has not come in contact with the sister of his levirate relation for his brother performed Halitzah and a sister-in-law in the free market does not happen, for she underwent Halitzah from the brothers of her husband.", | |
"ואם קדמו – these latter two [brothers] and married after the Halitzah of the two other [women] and they did not come to take council with the Jewish court, we don’t remove them from their hands as we have explained, for here is nothing here other than a doubtful prohibition of the sister of one’s levirate relation om the first marriage, and one can state that the first that married his sister-in-law and it is well tha the married, and the latter, also did well by marrying strange (i.e., unattached) woman, or alternatively, if if they married in reverse, that the father-in-law came in contact with the sister of his levirate relation and since he second [brother] came and performed levirate marriage, her levirate connection has been severed from his brother and she is permitted to him as his wife, but the prohibition that he performed was performed." | |
], | |
[ | |
"מצוה בגדול ליבם – for we expound (Deuteronomy 25:5-6): “he shall take her as his wife and perform the levir’s duty. The first son/והיה הבכור that she bears [shall be accounted to the dead brother [that his name may not be blotted out in Israel],” that the person who performs the levirate marriage should be a first-born, “that she bears” and that sister-in-law should be worthy to give birth, excluding a barren woman; יקום/shall be accounted – the first born who performs as the levir in the name of his brother to cause him to inherit and not that his brothers divide it with him.", | |
"הנטען על אשת איש – who is suspected of [having a sexual relationship with] a married woman ", | |
"והוציאוה – and the Jewish court removed her from under her husband, for that reason that she is prohibited to him and this one went and married her.", | |
"יוציא – that from the Torah, she is forbidden also to him, as she is forbidden to the husband, as we expounded, that once she is defiled, she is defiled twice – once to the husband and the other time to the person engaged in sexual relations wither. And specifically one who is suspected [of having intercourse] with a married woman, but one who is suspected [of having intercourse] with a free/unattached woman, it appears that it is Mitzvah to marry [her] as we find concerning rape (Deuteronomy 22:19): “Moreover, she shall remain is wife; [he shall never have the right to divorce her].”" | |
], | |
[ | |
"המביא גט ממדינת הים – he must state, “in my presence it was written and in my presence it was signed,” and the reason is explained in [Tractate] Gittin (see Bartenura commentary to Chapter 1, Mishnah 1) for [according to] one Master, because they are not expert in [writing the Jewish bill of divorce] for her sake, and to the [other] Master, because witnesses are not found to attest to it.", | |
"לא ישא את אשתו – because we rely upon his word.", | |
"מת הרגתיו וכו' – since it was upon his testimony that she married, and it is possible to slander, lest his eyes were upon her and he made a false testimony about her but she could marry to another, for a woman can be married [upon the testimony] of one witness.", | |
"ר\"י אומר הרגתיו לא תנשא אשתו – through his testimony even to another because he is a wicked person, and the Torah stated (Exodus 23:1): “You shall not join hands with the guilty [to act as a malicious] witness,” but the Halakha is not according to Rabbi Yehuda, for we hold that a person does not incriminate himself (i.e., his testimony against himself has no legal effect -see Tractate Sanhedrin 9b), for a person is considered a relative regarding himself, and we believe him that that he was killed, but we don’t believe him regarding what he said that he killed him, and therefore, even if he said that he killed him, you can marry his wife.”", | |
"הרגנוהו תנשא אשתו – it is explained in the Gemara (Tractate Yevamot 25b) when he says: I was with those who killed him, but I did not kill him." | |
], | |
[ | |
"בנדר – she took a vow refusing any benefit/favor from her husband and he did not and he did not invalidate it and she came to a Sage to release her and he did not find an opening for regret for a vow made under misapprehension.", | |
"לא ישאנה – because of suspicion.", | |
"שהוא ב\"ד – meaning to say, a woman’s protest against a marriage contracted during her minority and Halitzah – this Sage did not do as an individual because we hold that Halitzah and a woman’s protest against a marriage contracted during her minority [we require a court] of two or three we don’t suspect, but the release from vows [is performed] by an expert individual.", | |
"וכולן – the Sage and he person bringing a Jewish bill of divorce and a person testifying about a woman to [be allowed] to marry her, as are taught about in the Mishnah, he should not take her in marriage if he had wives at the time of the action but if they died afterwards, they (i.e., the women) are permitted to marry them for now there is no suspicion.", | |
"וכולן – these women.", | |
"שנישאו לאחרים – that the Sage forbade or to the witness or to the person who brings the Jewish bill of divorce [from abroad].", | |
"", | |
"וכולן מותרות לבניהם ולאחיהן – of these who permit them and they are not forbidden other than to them alone, for a man does not sin for his son or for his brothers, and all those that we mentioned, one should not marry, and if he married, he should not remove/divorce except for the where there is a claim that she I s married woman, for if the Jewish court removed her from her husband with witness and clear proof, even if he married her, he should remove/divorce her. But if witnesses came regarding an ugly matter alone, such as that they saw a man going out and she is wearing [only] a petticoat/breech-cloth (and Ezra, according to Talmud Bava Kamma 82a ordained that a woman must wear such clothing as a matter of chastity), or a man goes out and she is standing on top of the bed and similar kinds of things, if he married her, he cannot remove/divorce her, and if after the witnesses about an ugly matter came and a rumor went out and didn’t cease for the rumor stood for a day-and-a-half, if he married her, he should divorce her, other than if they had children from her, for then, he doesn’t remove her in order to not to cast aspersion upon his children." | |
] | |
], | |
[ | |
[ | |
"ארבעה אחין. חולצות ולא מיבמות – since both of them are levirate relations one to the other. The first [brother] who undergoes levirate marriage came in contact with the sister of his levirate relation and is like his wife.", | |
"ב\"ש אומרי יקיימו ובה\"א יוציאו – In the Gemara (Talmud Yevamot 28a) reverses them that the School of Shammai states that they should be put away (i.e., divorced), and the School of Hillel states that they may remain wedded, for in every place, the School of Shammai is stringent and the School of Hillel is lenient except from those known places where the School of Shammai is more lenient and the School of Hillel is more stringent (see, for example, the first five Mishnayot in Tractate Eduyot, Chapter 5, of which this text is taken), and thus we say, that generally, the School of SHammai in the place of the Schol of Hillel is not a Mishnah, meaning to say, that wherever we find in the Mishnah that the School of Shammai are lenient and the School of Hillel, where it is their manner to be lenient, but and it is found now that the School of Shammai stands in the place of the School of Hillel, it is not a Mishnah and it is a corrupted text and it is necessary to reverse it unless it is from the known Mishnayot which are from the leniencies of the School of Shammai and the stringencies of the School of Hillel. And in Tractate Eduyot (Chapter 5, Mishnah 5), in the name of Rabbi Eliezer, it enumerates the leniencies of the School of Shammai and the stringencies of the School of Hillel." | |
], | |
[ | |
"איסור ערוה – such as, for example, his mother-in-law and the mother of his mother-in-law.", | |
"ומותר באחותה – for she is not the sister of his levirate relation for a woman forbidden to a man on account of consanguinity is not lying before him for levirate marriage.", | |
"איסור מצוה – lying before him from the Torah, therefore, he is forbidden to her sister, for she is the sister of his levirate relation." | |
], | |
[ | |
"אחותו כשהיא יבמתו – her sister of a woman forbidden to a man on account of consanguinity, when she is his sister-in-law, the wife of her husband’s brother when she falls [with her] for levirate marriage.", | |
"או חולצת או מתיבמת – for she is not the sister of his levirate relation for there is no prohibition on account of consanguinity is not lying before him (see also Tractate Yevamot, Chapter 2, Mishnah 3)." | |
], | |
[ | |
"ור\"ש פוטר – (see Tractate Yevamot 28b) – the reason of Rabbi Shimon as it is written (Leviticus 18:18): “Do not marry a woman as a rival to her sister [and uncover her nakedness in the other’s lifetime],” at the time that they are made rival/co-wives to each other, such as the example of here, where both of them are levirate relations to him for levirate marriage. You should not have a legal acquisition neither to this one nor to that one, and the Halakha is not according to Rabbi Shimon." | |
], | |
[ | |
"ואחד מופנה – without a wife (i.e., single, a bachelor).", | |
"אשתו עמו – for since the School of Shammai holds that she is [his] wife through statement of intention [of levirate marriage] is considered as married, and when her sister fell after this [through the death of her husband, the second brother], she was not forbidden because of her being the sister of his levirate relation.", | |
"", | |
"מוציא אשתו בגט – for the statement of intention of [eventual] levirate marriage is not strong to compare it to someone married, and this prohibits her because of her being the sister of his levirate relation, and it requires a Jewish bill of divorce because the statement of intention which is partial betrothal/Kiddushin and Kiddushin is not released without a Jewish bill of divorce. And she requires Halitzah for since the statement of intention is not complete Kiddushin/betrothal, she is still his levirate relation and requires Halitzah for her levirate connection. And in the opening clause [of the Mishnah], he gives her a Jewish bill of divorce, and then performs Halitzah to her, and such is the Halakha." | |
], | |
[ | |
"נכרית – she is not related neither to this [woman] nor to that one.", | |
"נכרית חולצת ולא מתיבמת – the same law applies even if he did not make a statement of intention [of levirate marriage], and he died, the non-related woman undergoes Halitzah, but she does not perform levirate marriage because she is the rival/co-wife of a married woman through levirate connection, and this that taught that one makes a statement of intention was in order to exclude this from the words of the School of Shammai who said that the statement of intention acquires a complete acquisition, and even Halitzah also is not requirement, which comes to teach us that she needs Halitzah." | |
], | |
[ | |
"שעה אחת – through the falling of the first [wife] when she fell from his first brother [who had died] and for since his wife is alive, and this one is prohibited to him as the wife of his brother for he has children, but, regarding her non-related rival/co-wife, the law is not explained and seems logical that she performs Halitzah but does not engage in levirate marriage." | |
], | |
[ | |
"וכולן – the fifteen [cases] of incest (see Tractate Yevamot, Chapter 1, Mishnah 1), of a woman forbidden to a man on account of consanguinity that they had with his brothers a doubtful betrothal/Kiddushin or doubtful Jewish divorce for there is a doubt of the rivals of a woman forbidden on account of consanguinity.", | |
"חולצת – but it does not free her without anything for perhaps she is not the rival of a a woman forbidden on account of consanguinity.", | |
"ספק קרוב לו – for there were eight exactly defined cubits between them in the public domain, and the four cubits of a person acquires for him there, and he threw it, doubtfully within his four cubits and doubtfully within her four cubits." | |
], | |
[ | |
"זיקת שני יבמין – for as long as this living brother didn’t marry her, the levirate relation of first is upon him and the levirate relation of the second was added upon him because of the statement of intention he made [to perform a levirate marriage], and when he died, there remained upon her the levirate relation of two brothers-in-law.", | |
"רש\"א וכו' – since he holds that it is doubtful to us if the statement of intention [of performing levirate marriage] acquires completely or does not acquire at all, therefore, he performs levirate marriage on whichever of them that he desires, for if the statement of intention [to perform levirate marriage] acquires, he does not have anything other than the levirate relation of the second but if the statement of intention [of levirate marriage] does not acquire, he has nothing upon him other than the levirate relation of the first woman.", | |
"וחולץ לשניה – for one does not free him from [sexual intercourse] with the other, for perhaps the statement of intention [of levirate marriage] does not acquire, and there was two sisters-in-law that come from two homes. But there is no levirate marriage with both for perhaps the statement of intention [of levirate marriage] acquires, and there would be two sisters-in-law coming from one house. But the Halakha is not according to Rabbi Shimon, and even though we state in our Mishnah that the levirate relation of the two brothers-in-law is from the Torah from a Biblical verse (Deuteronomy 25:5): “Her brother’s husband shall unite with her: [he shall take her as his wife and perform the levir’s duty],” in the Gemara (Tractate Yevamot 31b) it proves hat the levirate relation of two brothers-in-law is Rabbinic as a decree, lest the people state that two sisters-in-law coming from the same house (i.e., widows of the same brother) may both be taken in levirate marriage." | |
], | |
[ | |
"היו אחין – even because of [the prohibition of] marrying the wife of your brother, etc., and even though we hold that this prohibition does not take effect upon another prohibition, this Tanna/teacher holds that an inclusive prohibition and a prohibition that adds and a simultaneous prohibition, like here, that a prohibition occurs on top of another prohibition and he is liable to bring a sacrifice on each and every prohibited act [performed] (i.e., a person may sometimes consume one piece of food and incur the penalty of four sin-offerings and one guilt offering - see Talmud Yevamot 34a).", | |
"ומפרישין אותן – so that they will not return to their husbands.", | |
"שמא מעוברות הן – and the offspring will be illegitimate/Mamzerim and we need a probe to distinguish between kosher seed/offspring and disqualified seed/offspring (i.e., seed that was sewn in holiness and seed that was sown in unholiness) so that the fetuses will not be left in doubt with [regard to] their husbands.", | |
"ואם היו כהנות – daughters of Kohanim.", | |
"נפסלו מתרומה – from eating heave-offering (i.e., Priest’s due) of the house of her father, even after the death of her husband, and even though she was a ravaged woman." | |
] | |
], | |
[ | |
[ | |
"החולץ ליבמתו. הוא מותר בקרובותיה – for it is not Halitzah, for surely, she does not require Halitzah and the female and male relatives of our Mishnah, that is that those who are prohibited upon the man on account of his wife, and the male relatives who are prohibited to the wife on account of her husband.", | |
"אם אין הולד של קיימא – that he is premature/non-viable birth." | |
], | |
[ | |
"וחייבין בקרבן – for he had intercourse with his brother’s wife not in the place of the Mitzvah, and the offspring is kosher whichever way you turn.", | |
"וחייבין אשם תלוי – for everything where people are liable for extirpation for something done willfully, and for something done inadvertently for sin-offering, ae liable for something whether he became conscious [of his transgression] or not, a guilt offering is made when one is in doubt as to the commission of a sinful act (i.e., suspensive guilt-offering)." | |
], | |
[ | |
"שומרת יבם = she is waiting and expecting to undergo levirate marriage.", | |
"נפלו לה נכסים – from her father’s house.", | |
"מה יעשו בכתובתה – the [100] Maneh or the two-hundred and the supplement and the dowry that she brought in to him and he accepted responsibility for the surety (i.e., mortgaged property).", | |
"ובנכסים היוצאין ונכנסין – the wife’s estate of which the husband has the fruition/usufruct without responsibility for loss or deterioration when she enters [into the marriage], they enter with her, and when she leaves from her husband, they go out with her.", | |
"בש\"א יחלוקו יורשי הבעל עם יורשי האב – for she was doubtfully married and the levir takes possession of one-half of her inheritance from doubt for the husband inherits his wife but this case where she is doubtfully married to him, he takes possession of one-half.", | |
"נכסים בחזקתן – mort-main (i.e., the wife’s estate held by her husband, which, in case of her death or divorce, he must restore in specie, being responsible with all his landed property for loss or deterioration (see Tractate Yevamot, Chapter 7, Mishnah 1) in their presumptive legal status, but the School of Hillel did not explain whether the properties were in the possession of the inheritors of the woman or whether her properties were in the possession of the inheritors of the husband, for their surety is upon him, but as regards to law, they are divided, even according to the School of Hillel." | |
], | |
[ | |
"כאשתו לכל דבר – that he divorces her with a Jewish bill of divorce and she does not require Halitzah and he restores her when he desires, and is not forbidden to her.", | |
"על נכסי בעלה הראשון – that the landed property of her first husband will be responsible and vouched on her Ketubah, and if she lacks a Ketubah from her first husband, the levir writes her a Ketubah on his property which is only a Maneh." | |
], | |
[ | |
"מצוה בגדול ליבם – as we derive from (Deuteronomy 25:6): “The first son [that she bears shall be accounted to the dead brother].”" | |
], | |
[ | |
"ובגדול – for the oldest of the brothers was abroad and he assigns the oldest of the brothers that is before us to state that we should wait for him, for he is older than me.", | |
"בחרש ובשוטה] – until they recover, we don’t listen to him].", | |
"עליך מצוה – even though your brother is abroad, he is older than you. Since you ae the oldest of the brothers in our presence, upon you is the Mitzvah [of levirate marriage] for the delay in the performance of the commandment, we do not delay." | |
], | |
[ | |
"הרי הוא כחד מן האחין – and he did not lose his portion because he performed Halitzah for you might think that I would say that he would be fined for since he caused her to lose from [having] levirate marriage for she was disqualified on [his] brothers.", | |
"זכה בנכסי אחיו – and even if he would divorced her on the morrow, for the All-Merciful one stated (Deuteronomy 25:6): “[The first son that she bears] shall be accounted to the [dead] brother,” and he has stood up [and performed his duty].", | |
"נכסים של אב – as it is written (Deuteronomy 25:6): “The first son [that she bears shall be accounted to the dead brother],” just he doesn’t have a first-born son during the life of the father, even the levir doesn’t have it during the lifetime of the father, and such is the Halakha but rather, a man who marries his sister-in-law takes possession of the property of his brother, and even in the place of the father.", | |
"אסור בקרובותיה – as if she is his wife and all of the female relations that are forbidden [to him] on account of the woman is completely his wife, are forbidden for Halitzah according to the Rabbis.", | |
"בזמן שהיא קיימת – it refers to her sister, and not to the rest of the women forbidden on account of consanguinity.", | |
"מותר אדם בקרובת צרת חלוצתו – and we don’t say that the rival/co-wife is like the woman who has undergone Halitzah, that he would be forbidden with the sister of the rival/co-wife of the woman with whom he performed Halitzah, like he is prohibited [to be] with the sister of the woman with whom he performed Halitzah.", | |
"ואסור בצרת קרובת חלוצתו – Reuven who performed Halitzah with Leah and Rachel is married to a foreign (i.e. unrelated Jewish) man, and she has a rival/co-wife, and the foreign (i.e., unrelated Jewish) man died, that rival/co-wife is prohibited to Reuven. And the reason for this is at the time when Leah had the Halitzah ceremony performed, she brought Rachel her sister with her to the Jewish court, and the entire world doesn’t know to which of them had Halitzah and there are those who think that to Rachel was peformed Halitzah, and when the rival/co-wife of Rachel gets married, that is the rival/co-wife of the the relative of his Halitzah, they say that the rival/co-wife of his Halitzah married, and they think that Rachl and her rival/co-wife were the wives of his brother, because he did Halitzah to Rachel. But, the sister-in-law does not bring her rival/co-wife with her at the time that she has the Halitzah ceremony performed, therefore, when the sister of her rival/co-wife gets married, we don’t say that it the sister of the woman who had Halitzah that married." | |
], | |
[ | |
"וכן המגרש את אשתו וכו' – In the Gemara (Tractate Yevamot 41a), it raises the question and similarly, you might think, but rather, I would say, that a man who divorces his wife, etc., that the sister of the divorced woman from the words of the Torah, and therefore is exempt from Halitzah and from levirate marriage, but the sister of the woman who underwent Halitzah, according to the words of the Scribes/Soferim, so therefore, she engages in Halitzah does not engage in levirate marriage." | |
], | |
[ | |
"שומרת יבם – she is waiting to perform levirate marriage.", | |
"שקדש – one of the brothers [who betrothed] her sister after this one fell before them and she became dependent upon all of them.", | |
"המתן – from marrying for she made contact [with the sister of] her levirate connection.", | |
"עד שישה אחיך מעשה – that your brother will marry the sister-in-law or perform Halitzah to her and uproot her levirate relation from you.", | |
"מתה היבמה יכנוס את אשתו – for even if he married her and she died, he is permitted to her sister.", | |
"מת היבם – and no brother remains other than this one who betrothed her sister.", | |
"מוציא את אשתו בגט ואת אשת אחיו בחליצה – but not perform levirate marriage for she is the sister of his divorced wife, and in the Gemara (Tractate Yevamot 41a), the legal decision is according to Rabbi Yehuda ben Beteyra." | |
], | |
[ | |
"לא תחלוץ וכו' - In the Gemara (Tractate Yevamot 41b), it explains the reason, as it is written (Deuteronomy 25:7): “But if the man does not want to marry his brother’s widow, his brother’s widow shall appear [before the elders in the gate and declare, ‘My husband’s brother refuses to establish a name in Israel for his brother; he will not perform the duty of the levir’],” but if he desires, he should perform the duty of the levir (i.e., perform levirate marriage). All who go up for levirate marriage go up for Halitzah and all who do not go up for levirate marriage do not go up for Halitzah.", | |
"בתולות – we make the decree because of women who have had sexual relations, and betrothed woman because of married women, and such is the Halakha. And these three months are ninety days excluding from it the day her husband died, or when she was divorced from him, and excluding from it the day when she became betrothed to him.", | |
"הנשואות יתארסו – that the reason that she is forbidden in order to distinguish between the seed of the first to the seed of the second, so that she should not give birth to a undetermined/doubtful son (i.e., so that we would know who the actual father was), a son of seven months [pregnancy] to the first [husband] or doubtfully a son of seven [months] to the latter [husband] and with regard to betrothed women, one doesn’t not have to say this.", | |
"והארוסות ינשאו – for she was not made pregnant from the first [husband].", | |
"חוץ מארוסה שביהודה – for they would bring together the bride and the groom in Judea prior to their entrance to the wedding canopy in order that he would be used to her and he would sport with her and they would not be embarrassed one from the other through the commanded act of sexual intimacy; therefore, we suspect that perhaps he had sexual intercourse [with her].", | |
"כל הנשים יתארסו – because Rabbi Yehuda does not distinguish between widows to divorcees and permits for the widow to be betrothed even within thrirty days of the days of her mourning; Rabbi Yosi comes to dispute him on this and prohibits the widow to become betrothed within thirty days of her days of mourning." | |
], | |
[ | |
"ארבעה אחים וכו' – and the same law applies even also with many wives, if it is possible to support them, permission is in his bands to marry all of them, and the fact that it (i.e., the Mishnah) took four is good advice: for it comes to teach us, for yes, more than that, no, for just as the duty of marital visits at certain intervals arrives during the month.", | |
"ביאתה או חליצתה פוטרת צרתה – and he doesn’t perform levirate marriage with both of them, as it is written (Deuteronomy 25:9): “who will not build up his brother’s house.” One house he builds, but he does not build up two houses. And he doesn’t perform Halitzah with both of them, and whomever does not come up for levirate marrae does not come up for Halitzah, for since that both of them like each other do not go up for lievirate marriage, as we stated, he builds one house,” so also, they don’t go up for Halitzah.", | |
"חולץ לפסולה – and he will not disqualify that [woman who is] fit [to marry into] the priesthood, for a woman who has undergone Halitzah is disqualified from the priesthood, and a man should not empty the waters of his cistern and others need it." | |
], | |
[ | |
"מהחזיר את גרושתו – from whom he was married.", | |
"והנושא את חלוצתו – since we establish regarding him with the negative commandment (Deuteronomy 25:9): “ [Thus shall be done to the man] who will not build up his brother’s house,” since he did not “build up,” he furthermore will not build up.", | |
"והנושא קרובת חלוצתו – since Rabbi Akiva holds that the woman who takes off the shoe and spits in his face (by refusing to perform levirate marriage) is like his wife, and Scripture calls her, “his house,” as it is written (Deuteronomy 25:10): “the family of the un-sandaled one.” And also, Rabbi Akiva holds that there is a Mamzer from those who are liable for violating negative commandments, but this is not the Halakha.", | |
"קרובת גרושתו – for his divorced wife is like his wife, and her mother and her sister [if they are subsequently married to him] make him liable for extirpation." | |
], | |
[ | |
"כל שאר בשר שהוא בלא יבא – every nearness which is [a violation of] a negative commandment and even if there is no extirpation [attached to it].", | |
"כל חייבי כרת – but not those who are liable [for violating] a negative commandment, and such is the Halakha. For all that whose prohibition is a prohibition of extirpation, the offspring is illegitimate/Mamzer, except from that of a menstruant woman, but with those who violate negative commandments, the offspring are not Mamzerim/illegitimate." | |
] | |
], | |
[ | |
[ | |
"רבן גמליאל. אין גט אחר גט – two widows without children from a deceased husband awaiting a levirate connection of one levir from one brother, and he gave a Jewish bill of divorce to the first, and then returned and gave a Jewish bill of divorce to the second [woman], the female relatives of the second are not prohibited to him , for that would be like his divorced wife. For when he gives a Jewish bill of divorce to the first [woman], the levirate relationship has no legal effect on both of them from him for the Jewish bill of divorce is beneficial for the widow without children from a deceased husband to maintain her [with the Biblical verse] (Deuteronomy 25:9): “who will not build up [his brother’s house],” and furthermore, he will not perform levirate marriage, neither him nor his other brothers not for the Yevamah/widow whose husband died without issue nor her co-wife. Therefore, when he returns and gives a second Jewish bill of divorce to the second [widow], there is nothing in his actions, and it is like he is giving a Jewish bill of divorce to a mere stranger. And similarly, two levirs to one widow without children whose husband is deceased and this one [levir] gave a Jewish bill of divorce and that [levir] gave a Jewish bill of divorce, the latter is not anything and he is permitted to her female relatives.", | |
"ולא מאמר אחר מאמר -.between two levirs and one widow whose husband died without children, or with one levir and two widows. The latter is nothing and she doesn’t require from him a Jewish bill of divorce and he is permitted to her female relatives.", | |
"יש גט אחר גט – the first [Jewish bill of divorce] did not supersede her levirate relationship completely for she requires Halitzah; therefore, there is still one-half of her levirate relationship and the second Jewish bill of divorce to the second [widow] is beneficial for his divorced wife and he is prohibited to her relatives, and such is the Halakha." | |
], | |
[ | |
"כיצד – this does not refer to the dispute, but rather, it is a matter of its own, referring to one levir and one widow whose husband died without children, and this is what he said: In what case is the law of one levir and one Yevamah/widow whose husband died without children?", | |
"צריכה הימנו חליצה – if he wanted to consummate a marriage by conducting a woman to his house/to wed, he should not do so for since he had begun the Jewish divorce, it is fulfilled for him through [the Biblical verse] (Deuteronomy 25:9) “who will not build up [his brother’s house].”", | |
"צריכה ממנו גט – for Halitzah causes a release from her levirate relationship and the Jewish bill of divorce need to cancel his Kiddushin/betrothal for Halitzah has no legal effect on Kiddushin/betrothal." | |
], | |
[ | |
"נתן גט ועשה בה מאמר צריכה גט וחליצה – that the Jewish bill of divorce supersedes part [of the marriage] and retains part, and the statement [of intention of marriage by a levir] acquires the remnant of the Jewish bill of divorce, therefore, she requires a Jewish bill of divorce for his (i.e., the levir’s) statement [of intention] and Halitzah for the levirate connection.", | |
"נתן גט ובעל – it is prohibited to sustain her [in marriage] since from the time that he gave a Jewish bill of divorce , he fulfills, regarding her (Deuteronomy 25:9): “who will not build up [his brother’s house],” and she requires a Jeiwsh bill of divorce for his coition and Halitzah for the levirate connection.", | |
"אין לאחר חליצה כלום – This Mishnah is according to Rabbi Akiva, who stated, that Kiddushin/betrothal does not take effect with those who a liable for negative commandments, but it is not the Halakha. Rather, the Halakha is according to the Sages who state that there is nothing after Halitzah, and if he betrothed her after Halitzah, she requires from him a Jewish bill of divorce.", | |
"אחד יבמה אחת ליבם אחד ואחד שתי יבמות ליבם אחד – they are both equivalent for there is after the first Jewish bill of divorce or after the first statement [of intention of the Levir] nothing, but after the coition at the beginning, there is nothing, and there is nothing after Halitzah." | |
], | |
[ | |
"צריכות שני גיטין – for both Yevamot/widows whose husbands died without children according to the Rabbis for there is a statement [of intention of the levir] after a statement [of intention of the levir].", | |
"וחליצה – to one of them and this exempts her rival/co-wife.", | |
"מאמר לזו וגט ולזו – the Jewish bill of divorce to the latter [wife] invalidates that of the first [wife] he has been declared as one “who will not build up [his brother’s house]” (Deuteronomy 25:9 – see Talmud Yevamot 32a), and she requires a Jewish bill of divorce for his declaration [of intention for levirate marriage] and Halitzah for his levirate connection.", | |
"מאמר לזו ובעל לזו צריכות שני גיטין – for this one, a Jewish bill of divorce for his declaration [of intention for levirate marriage] and for the other [woman] a Jewish bill of divorce for his act of coition.", | |
"וחליצה – to one of them and this exempts her rival/co-wife.", | |
"גט לזו ובעל לזו צריכות גט וחליצה – and it is prohibited to sustain her for he has been declared as one “who will not build up [his brother’s house]” (Deuteronomy 25:9), because of the first Jewish bill of divorce. But with a Jewish bill of divorce by itself, does not free woman who had a sexual act because it was a disqualifying act of coition.", | |
"אין לאחר חליצה כלום – and if afterwards he betrothed her or her rival/co-wife, Kiddushin/betrothal does not take effect with her, as per Rabbi Akiva, who said that Kiddushin does not take effect in those who are liable for violation of negative commandments, but it is not the Halakha." | |
], | |
[ | |
"חלץ וחלץ – he is permitted [to be married to] the relatives of the second [woman] for there is nothing after the first Halitzah any levirate connections, and Halitzah with both is nothing, for even to the priesthood, she is not invalidated. And similarly, if he performed Halitzah with the first [widow of the deceased childless brother] and made a statement [of intention of levirate marriage] with the second [widow], and similarly, if he had given a Jewish bill of divorce to this [second] one after performing Halitzah with that one, or performed an act of coition with this one after the Halitzah of that one, the act with the latter person is not worthless. [Or] if he performed an act of coition with this one first and then returned and performed an act of coition with the second, or performed an act of coition first and then made a statement [of intention of levirate marriage] with the second , or gave a Jewish bill of divorce to the second, or performed Halitzah with the second, there is nothing after an act of coition at all, and the final act is not considered, and he is permitted with the second’s [female] relatives.", | |
"אין אחר חליצה כלום – It is referring to the first clause [of the Mishnah], but regarding the concluding clause, it is necessary to state that there is nothing after an act of coition." | |
], | |
[ | |
"חלץ ועשה מאמר נתן גט ובעל – it refers to one levir and one widow whose husband died childless (i.e., Yevamah). And even though that this is taught above, [the Mishnah] teaches it again because of the concluding segment that is necessary to separate between an act of coition and Halitzah, for Halitzah, whether at the beginning, whether in the middle or whether at the end – there is nothing after it, and the act of intercourse especially at the time when it is at the beginning, and to teach us also the dispute of Rabbi Nehemiah and the Rabbis.", | |
"בין בתחלה בין באמצע – as, for example, [the delivery of] a Jewish bill of divorce to this one and performing Halitzah with that one, and then he went back and made a declaration of intention [to perform a levirate marriage] or with the woman who had the Jewish bill of divorce. The declaration of intention has no effect and we don’t require a Jewish bill of divorce to his declaration of intention [of desiring a levirate marriage].", | |
"בסוף – After a declaration of intention [to perform a levirate marriage] and a Jewish bill of divorce, he performed Halitzah, there is nothing after it, for it is a complete Halitzah but if he retracted made a declaration of intention [of levirate marriage] , it doesn’t require a Jewish bill of divorce because Halitzah is a complete Jewish divorce, and even though it is was a disqualified Halitzah.", | |
"", | |
"הביאה באמצע – as in the case of a Jewish bill of divorce to this one and he performed an act of coition to the other woman and then he returned and made a declaration of intention with the third, he prohibited [to marry] her relatives.", | |
"בסוף – a Jewish bill of divorce to this one and a declaration of intention [to perform a levirate marriage] to that one, and then he retracted and came [upon her] on [the first, there is after this act of coition the levirate connection and when he releases her, he requires Halitzah and [the reception of] a Jewish bill of divorce is not enough for her.", | |
"אין אחריה כלום – and she leaves with a Jewish bill of divorce, without Halitzah, for if he retracted and betrothed to the other one after the act of coition, his deeds are not worth anything." | |
] | |
], | |
[ | |
[ | |
"הבא על יבמתו. שוגג – as he was thinking that she was another woman.", | |
"מזיד – for the sake of unchastity and not for the Mitzvah of levirate marriage.", | |
"אפילו הוא שוגג והיא מזידה – needless to say where she intended [to fulfill] the Mitzvah but rather even where both of them don’t have the intention [of fulfilling] the Mitzvah such as the case where he intends for another woman, and she had the intention for the sake of unchastity, he has acquired her [as his wife], as it states in Scripture (Deuteronomy 25:5): “ Her husband’s brother shall unite with her: [he shall take her as his wife and perform the levir’s duty],” anyway.", | |
"המערה – that he did not complete his coition, but rather, he inserted the corona of his membrum virile alone, and the meeting of the corona without insertion is called “kissing.”", | |
"קנה – and he took possession of the inheritance and she is removed with a Jewish bill of divorce if he comes to remove her.", | |
"לא חלק בין ביאה לביאה – whether a coition in its proper manner or a coition not in its proper manner, as it is written (Leviticus 20:13): “[If a man lies with a male] as one lies with a woman,” the Biblical verse tells us that there are two ways of sexual gratification." | |
], | |
[ | |
"וכן הבא על אחת מכל העריות – in one of all of these forms of coition.", | |
"או על הפסולות כגון אלמנה לכהן גדול וכו' – she is invalidated to the priesthood because she is unfit to marry a Kohen (as a harlot), even though that the wife of an Israelite who was raped is permitted to her husband, but she is invalid to the priesthood, and a divorcee as well, if she is the daughter of a Kohen, she invalidates herself by this coition from Terumah of wife’s house.", | |
"ממזרת ונתינה לישראל – it dos not refer to her being invalidated to the priesthood, for she is invalidated and enduring, but rather to the matter of the first stage of sexual connection, the Mishnah took it as punishing her as the first stage of sexual connection which is like the completion of coition." | |
], | |
[ | |
"מן האירוסין לא יאכלו בתרומה – because she was betrothed in a sinful betrothal, she is disqualified from the Terumah/priest’s due of her father’s house if she is the daughter of a Kohen.", | |
"רבי אליעזר ור\"ש מכשירין – until she has sexual intercourse and becomes the female issue of a priest’s illegitimate connection (or a priest’s wife illegitimately married to him), as it states (Leviticus 21:15): “that he may not profane [his offspring among his kin, for I the LORD have sanctified him],” two profanations: one- hers, and the other to her seed. But the Halakha is not according to him, but rather, even from betrothal, they should not consume Terumah.", | |
"נתארמלו או נתגרשו – [became widowed or divorced] from these Kohanim from the marital state, they are disqualified, for they are considered an illegitimate connection to a Kohen with their sexual actions.", | |
"", | |
"מן הארוסין כשרות – and even the first Tanna/teacher [of our Mishnah] did not invalidate from the betrothal, other than while they are alive for she has to be on her guard to an invalid coition, but not if they (i.e., the men) died." | |
], | |
[ | |
"לא ישא את הבוגרת – as it is written (Leviticus 21:13): “He (i.e., the High Priest) may only marry a woman who is a virgin,” excluding a woman of age, whose virginity was destroyed.", | |
"רבי אליעזר ורבי שמעון מכשירין – and the Halakha is not according to their opinions." | |
], | |
[ | |
"כהן הדיוט לא ישא אילונית וכו' – and the same law applies for a Israelite male, and it (i.e., the Mishnah) did not take [the example of] a Kohen other than because of the dispute of Rabbi Yehuda who stated, that a Kohen, even if he has a wife and children, should not marry a barren woman, which is not the case regarding an Israelite male, but the Halakha is not according to Rabbi Yehuda.", | |
"ושנבעלה בעילת זנות – such as for example those liable for violation of negative commandments or those liable for violation of positive commandments, and all the more so, those liable for extirpation or death by the Jewish court , but a person who comes upon a unmarried woman has not made her a harlot." | |
], | |
[ | |
"ב\"ש אומרים שני זכרים – that we derive it from Moses who separated from [his] wife afer two males were born to him.", | |
"וב\"ה אומרים זכר ונקיבה – as it states (Genesis 5:2): “male and female He created them.” But from Moses, it is not a proof because he acted following the Divine order.", | |
"ושהה עמה עשר שנים וכו' – as we find with Abraham after he tarried with his wife for ten years without her giving birth, he married Hagar and for the days that he lived with her outside the Land [of Israel], the did not count in the number, for perhaps dwelling outside of the land caused it, and all the days that the husband or the wife are sick or are imprisoned and in a similar manner we speak that they prevent sexual intimacy, they do not count to the number of ten years.", | |
"גרשה מותרת לינשא לאחר – for perhaps it was not her, but rather him [who was infertile], and when he divorces her, he gives her the Ketubah settlement if she claims that it is from him [who was infertile] who does not have a spermatic emission which does not shoot forth like an arrow (i.e., does not fructify), and they place an oath upon her if she knows that he does have a spermatic emission which does shoot forth like an arrow , and she makes against him false claim which is a lie.", | |
"האיש מצווה על פריה ורביה ולא האשה – as it is written (Genesis 1:28): “Be fertile and increase, [fill the earth] and master it,” and [the word] \"כבשה\" is written without a “VAV.” It is the way for a man to conquer the woman; he is commanded on “being fertile and increase.”", | |
"רבי יוחנן בן ברוקה אומר וכו' – But the Halakha is not according to him." | |
] | |
], | |
[ | |
[ | |
"אלמנה לכ\"ג: עבדי מלוג – what the woman leaves for herself and does not write in her Ketubah is called", | |
"נכסי (עבדי) מלוג – a wife’s estate of which the husband has the fruition without responsibility for loss or deterioration - that the husband “plucks” that property like the plucking of chickens because he consumes the fruits of those properties and if they lessened [In value] they lessened for her, and if they increased, they increased for her. But נכסי צאן ברזל (mort-main, the wife’s estate held by her husband, which, in the case of her death or divorce, he must restore “in specie,” being responsible with all his landed property for loss or deterioration) – they are the properties that she brought in to him and what he adds to it is hers, and they wrote into the Ketubah: the total amount that so-and-so accepted upon himself is such -and such, in her Ketubah, and therefore, they are called צאן ברזל – as the principal exists like iron, and if everyone died, the husband is liable to because they are accustomed to place the sheep in such-and-such an appraisement of valuables (brought into the marriage by the wife) , and the shepherd would be responsible for them (if lost), according to the estimate even if all the sheep died, hence, they are called properties that the husband accepts responsibility for - נכסי צאן ברזל (that must be returned to the wife “in specie” in the event of death or divorce." | |
], | |
[ | |
"בת ישראל שנשאת לכהן – even מגול slaves (i.e., that the husband has the fruition without responsibility for loss or deterioration) , they may consume [Terumah/priest’s due] because they are the acquisition of a Kohen who purchased merchandise, meaning to say, the wife that is his purchase of a Kohen who purchased these particular slaves, as it is written (Leviticus 22:11): “But a person who is a priest’s property by purchase [may eat of them (i.e., the sacred donations) and those born into his household may eat of his food],” for the inference of \"קנין כספו\"/”the priest’s property” does not come other than for this exegesis: that a Kohen who has as purchased property with his money, that soul, which is the slave of the Kohen who bought a soul may eat of it (i.e., his food as a member of his household)." | |
], | |
[ | |
"והניחה מעוברת – even though she has children from him and she consumes Terumah, the slaves of her mort-main do not eat Terumah because they belong to the heirs, and the fetus has a portion in them and the fetus does not have the ability to provide them with Terumah either because he holds that a fetus in a foreign womb (of a non-Kohen), he is a foreigner or because he holds that someone born can feed; someone who is not born cannot feed, as it is written (Leviticus 22:11): “and those that are born into his household may eat [of his food],” and we call him they who will feed.", | |
"שהעובר פוסל – if the daughter of a Kohen is married to an Israelite [male], and she was left pregnant (because her husband died), and she has no other son, it disqualifies her from returning to her father’s home.", | |
"ואינו מאכיל – if she was the daughter of an Israelite married to a Kohen and she was left pregnant (because her husband died), the fetus does not have the strength to sustain her and the same law applies to his slaves.", | |
"אף בת כהן לכהן כו' – since you said that he is not born, he does not sustain, even the daughter of a Kohen who is married to a Kohen, the slaves don’t consume Terumah because of the fetus’ portion because they are his slaves and they don’t consume, other than for him, and he lacks the strength to sustain them, but the Halakha is not according to Rabbi Yosi." | |
], | |
[ | |
"העובר והיבם וכו' -this fetus if [it is the product of] the daughter of a Kohen and an Israelite [male], it disqualifies her [from eating Terumah] as it is written (Leviticus 22:13): “[But if the priest’s daughter is widowed or divorced and without offspring, and is back in her father’s house] as in her youth, [she may eat of her father’s food],” excluding someone pregnant, if she is an Israelite woman [awaiting the act of a levir] to a Kohen, he does not feed [Terumah] and that which is not born does not cause feed [either].", | |
"והיבם – if the daughter of a Kohen is [to engage in a levirate marriage] with an Israelite man, he disqualifies her [from partaking of Terumah] as it is written (Leviticus 22:13): “and is back in her father’s house,” excluding the widow waiting for her brother-in-law to act, who is not able to return [to her father’s house] because she is in union with the widow waiting for her brother-in-law to act and if it is the daughter of an Israelite [who is to engage in a levirate marriage] with a Kohen, he does not feed her [Terumah]. The All-Merciful said (Leviticus 22:11): “[But a person who is a priest’s] property by purchase [may eat of them],” but this is the purchase of his brother.", | |
"והאירוסין – if she [the widow waiting for her brother-in-law to act] is the daughter of Kohen [to undergo levirate marriage with] with an Israelite [male], he disqualifies her, as he acquires her through “becoming,” and from the time of “becoming” he disqualifies her, as it is written (Leviticus 22:12): “If a priest’s daughter marries a layman, [she may not eat of the sacred gifts],” if it is the daughter of an Israelite [to be taken through levirate marriage] to a Kohen, he does not feed her [Terumah], as a decree lest they pour for her a cup of wine of Terumah in the house of her father and she causes her brothers and sisters to drink of it [as well]", | |
"והחרש – if the daughter of a Kohen is [the widow waiting for her brother-in-law to act] [to be married by levirate marriage] to an Israelite male, he disqualifies her [from eating Terumah] for he has acquired her through the Rabbinic ordinance, and if it is a daughter of an Israelite man [who is the widow waiting for her brother-in-law to act] and he is a Kohen, he does not feed her [Terumah] for she is his “property by purchase”(Leviticus 22:11), but a deaf-mute, according to the Torah does not acquire.", | |
"ובן תשע שנים ויום אחד וכו' – one those who are ineligible to be married into the priesthood when he is nine years and one day old and comes upon the daughter of a Kohen or upon the daughter of a Levite, or upon the daughter of an Israelite he has disqualified her from eating Terumah for someone who is nine years and one day old, his act of sexual intercourse is considered sexual intercourse, and he has profaned/degraded her through his act of sexual intercourse. But if the daughter of an Israelite is married to a Kohen who is nine years and one day old, he does not feed her Terumah/priest’s due, for his acquisition is not a complete acquisition.", | |
"וכן ספק בן תשע שנים וכו' – his law is like someone who is definitely nine [years old an one day] and he disqualifies her [from eating Terumah – if he is a Kohen].", | |
"ספק הביא שתי שערות ספק לא הביא – a minor who betrothed a woman – it is doubtful if he had brought forth two [pubic] hairs or not, and her betrothal is a doubtful betrothal. His wife may remove the shoe of the brother of her dead husband, but she may not be placed in a levirate marriage.", | |
"נפל הבית עליו ובת אחיו – and she is his wife, it is doubtful if he died first and both of them fell to a levirate marriage in the presence of his brother, but she exempts her rival wife because it is doubtful if the daughter’s associate died first, and a the time when she fell to the levirate marriage, her rival wife was not forbidden on account of consanguinity as it teaches in the Mishnah, and if they died, or refuses, their rival wives are permitted [to marry]; her rival wife undergoes Halitzah but does not enter into a levirate marriage and since we are speaking of doubtful cases, it is taught stringently in their presence." | |
], | |
[ | |
"והשוטה – even through marriage and betrothal/חופה וקידושין – he does not disqualify [her from consuming Terumah, but he does not feed it as his acquisition is not an acquisition.", | |
"נחתך העובר שבמעיה תאכל – immediately [she may consume Terumah] and the same law applies if she gave birth to him and he died.", | |
"עיברה לא תאכל – for the fetus does not feed/cause others to eat [Terumah].", | |
"גדול משל אב – for the man who has sexual intercourse does not sustain [his partner with Terumah] because he did not come upon her for the sake of Kiddushin/Jewish betrothal, and she is not his property/possession but he provides for his son.", | |
"העבד פוסל משום ביאה – if he comes upon the daughter of a Kohen, he has disqualified her from consuming Terumah/priest’s due.", | |
"ואינו פוסל משום זרע – if she ha seed as the daughter of a Kohen from an Israelite man, it is legitimate.", | |
"נכבש – he was pressed and came upon her.", | |
"הרי זה עבד – for the daughter of a maid-servanet is like her.", | |
"היתה אם אביו בת כהן לישראל תאכל בתרומה – if his father died, even though the child exists, and it is merely aa child who disqualifies; this one does not disqualify for it is not after her father that we judge him, for it is not his seed." | |
], | |
[ | |
"ופוסל את אם אמו – for if it we not him, his grandmother would return to eat Terumah of her father’s home after the death of her daughter, and all the while that he lives, she does not return to Terumah , as it is written (Leviticus 22:13): “[but if the priest’s daughter is widowed or divorced] and without offspring, [and is back in her father’s house as in her youth, she may not eat of her father’s food],” examine – upon her or the daughter of her daughter’s daughter, or the son of his son’s son or the daughter of son’s daughter, until the end of all generations.", | |
"לא כבני כהן גדול – meaning to say, there should not be man like him in Israel who disqualify me from the Terumah." | |
] | |
], | |
[ | |
[ | |
"הערל – an uncircumcised Kohen whose brotherws died on account of ritual circumcision.", | |
"אינו אוכל בתרומה – that we derive from the Passover sacrifice, as it is written concerning it (Exodus 12:48): “But no uncircumcised person may eat of it.”", | |
"ונשיה ועבדיהם יאכלו – for this is on account of the uncircumcised membrum and ritual uncleanness are not excluded from the community of [Kohanim] but rather, they themselves lack a remedy.", | |
"נשיהם לא יאכלו – [she is considered] a priest’s wife illegitimately married to him through his coition for through her having intercourse to disqualify her.", | |
"ואם לא ידעה – that she was married to him beforehand; and he did not come upon her [in sexual intercourse] after he became one whose testicles are crushed." | |
], | |
[ | |
"ואם נשתייר מהעטרה – that was severed from the corona and further, he is fit, for there is no membrum virile, and from the corona and above and to the side of the membrum. The corona is a column of flesh that surrounds in the place of one’s circumcision or whether the membrum is crushed, hidden by the striking of a sword or a knife; whether it was crushed and became reduced on its own or whether it was cut, whether at the membrum or at the testicles or whether at sinews of the testicles (see Talmud Yevamot 75b), all of them are disqualified. But these words refer to [being damaged] at the hands of a person, but on account of illness, everything is valid." | |
], | |
[ | |
"ואם לדין – that you expound an inference from the weaker to the stronger of your own, ", | |
"יש תשובה – there is a response to restore what belongs to Ammon and Moab, for their rationales are explained (Deuteronomy 23:5): “Because they did not meet with you [with food and water on your journey after you left Egypt, and because they hired Balaam…to curse you],” but a woman, it is not her manner to advance to meet – shall you say [the same] regarding the Egyptian and the Edomite, whose rationale [for their inability to enter the Jewish people for three years] is not explained?", | |
"לא כי – even if I would judge an inference from the weaker to the stronger,, you have no response, and nevertheless, I am stating a Halakha, but the Halakha is not according to Rabbi Shimon.", | |
"נתינים – Gibeonites who converted during the days of Joshua and were placed as hewers of wood and drawers of water." | |
], | |
[ | |
"סריס – there is a eunuch who performs the rite of Halitzah and has his shoe taken off for refusing the leviratical marriage.", | |
"והסריס לא חולץ וכו' – as it is written (Deuteronomy 25:6): “that his name (i.e., the dead brother’s) not be blotted out [in Israel],” except for that whose name is blotted out (see Talmud Yevamot 24a).", | |
"ואין לי לפרש – I do not know how o interpret which eunuch is required to perform Halitzah and which is exempt.", | |
"סריס אדם – who was castrated after he was born.", | |
"סריס חמה – from the womb of his mother, that never saw the sun, but rather, when he is a eunuch and its signs are explained: anyone who lacks the “beard” (i.e., the hair of the genitals) and his hair is abnormal (see Tractate Yevamot 80b) and his flesh is smoothened, and his urine does not produce scum and when he urinates it doesn’t make a pile and the spouting forth of the urine does not travel from afar until it makes a circle like a pile and his semen is feeble and his urine does not ferment, and he washes in the rainy season and his flesh does not produce vapor and is voice is not abnormal and is not recognized as either than of a man or of a woman. And the Halakha is according to Rabbi Akiva who states that a eunuch castrated by a man performs Halitzah and his wife removes the shoe of the deceased husband’s brother who refuses to perform levirate marriage, and they perform levirate marriage with his wife but [he] does not perform the role of the levir, for he is disqualified to enter into the community [of Israel]." | |
], | |
[ | |
"סריס – castrated by nature does not either perform Halitzah nor perform levirate marriage, and does not perform Halitzah or levirate marriage to his wife.", | |
"אילונית – her signs we explained in the first chapter (see Tractate Yevamot, Chapter 1, Mishnah 1)." | |
], | |
[ | |
"רבי יוסי ור\"ש אומרים כו' – for they hold that a [Kohen who is also] a person who exhibits traits of both sexes is like a male but Rabb Yosi retracted and stated in a Baraita (see Talmud Yevamot 83a) that a person who exhibits traits of both sexes is a creature of its own kind, but the Sages did not decide like him whether it is a male or a female. Therefore, he does not feed Terumah/priest’s due [to members of his family].", | |
"רבי יהודה אומר כו' – but the Halakha is not according to him for we hold above (see Tractate Yevamot, Chapter 8, Mishnah 4) that a man castrated by man performs Halitzah and his wife removes the shoe of the brother of her deceased husband who refuses to perform levirate marriage and a person of undetermined sex who was torn is like a eunuch castrated by a man.", | |
"אנדרוגינוס נושא אבל לא נישא – because he is a like a male and whomever lies with him is like someone who comes upon a male in pederasty, whether through the male genitals or the female genitals.", | |
"ר\"א אומר חייבין עליו סקילה כזכר – and especially in the place of his male genitals but not in his female genitals, and the Halakha is according to Rabbi Eliezer." | |
] | |
], | |
[ | |
[ | |
"יש מותרות. כהן הדיוט שנשא אלמנה – and the same law applies for a virgin, for when he (i.e., her husband) dies, she becomes a widow. But it (i.e., the Mishnah) took [the term] \"אלמנה\" /widow – because it needed to teach the concluding clause [of the Mishnah] regarding a High Priest who married a widow." | |
], | |
[ | |
"כהן גדול שקידש את האלמנה – but if he married [a widow], she is profaned/desecrated through his coition and she is forbidden to the husband and to the levir." | |
], | |
[ | |
"שניה לבעל ולא שניה ליבם – if the husband’s mother and not of the levir, such as for example, brothers from the father bu not from the mother.", | |
"אין לה כתובה – a Maneh (i.e., 100 Dinar or 25 shekels) and Two-Hundred, which are the essence of the Ketubah and she does not have [anything] from the secondary relationship (which are prohibited as incestuous by rabbinic decree), but she does have the supplement.", | |
"ולא פירות – he doesn’t pay her the usufruct of the wife’s estate of which the husband has the fruition without responsibility for loss or deterioration that he consumed which are hers, [and even though] that the usufruct, the Rabbis instituted (see Talmud Ketubot 47b) [the duty of support as an equivalent for her handiwork], and that of redemption as an equivalent for the privilege of usufruct [of her property], but he is not liable to redeem her, for we do not call her ואותבינך לי לאינתו /and I will make you to be my wife, and therefore, it was appropriate that he would pay her what he had consumed from the usufruct of her estate, even so, the Rabbis fined her that she should not collect from him the usufruct that he consumed as conditions of the Ketubah. For just as they fined her that she should not collect from him the essence of the Ketubah, for the conditions of the Ketubah are like the Ketubah itself.", | |
"ולא מזונות – it is not necessary to state that he is not obligated to support her while she is still under him, for but surely, it is his duty to divorce her (literally: “he stands under the charge to get up and make her go out” – how, then, could he be expected to maintain her? ). But rather, even if he went abroad and he and he lent her and consumed from her [property], he does not pay, for if we were dealing with a fit woman, if he borrowed from her and consumed from her [property], the husband would be obligated to pay [her back]. For the loan claims her what he lent to her and she makes a claim to her husband. And especially for someone who supported her not through the matter of a loan, we state in Ketubot (see Tractate Ketubot, Chapter 13, Mishnah 2) that the Halakha is like Hanan, as he stated: He who went overseas and someone went and supported his wife, he left his money on the horn of a deer for since it was for her support from her husband, and he did not lend her anything – whom can he make a claim? She did not borrow and he husband did not request from him that he should support her, therefore, it was Mitzvah that he did, but if he lent her, the husband is liable to pay if she is fit, and if she is from one of the relationships of the second degree (i.e., of the second generation), he is not liable to pay.", | |
"ולא בלאות – if the husband used her usufruct until they wore out, he is not liable to pay for you might think I would say, for since she lacks a Ketubah, but the husband ate from her usufruct, he is liable to pay what was lost and worn out, it comes to tell us that the Rabbis fined her so that the husband would not pay for worn clothes (i.e.., and indemnity for clothes which have completely worn out), but what he finds from them existing, she takes them.", | |
"אלמנה לכהן גדול וכו' – they have a Ketubah and usufruct and the husband pays them (i.e., his wives) for the usufruct that he ate from his wive’s estates of which the husband has fruition without responsibility for loss or deterioration and food that they have as they are supported from his property [and especially after] [his] death. But during his lifetime, we don’t force him to support/feed them for we uphold regarding him that it is his duty to divorce her (i.e., literally, he stands under (the charge) to get up and make her go out) and if one of them borrowed her support during the life of her husband, the husband is not liable to pay the lender. And worn out clothing also, there are those who state that he is liable to restore what was worn out and lost from their usufruct, and these words, are when he recognized them, but if he did not recognize them, they have neither a Ketubah, nor usufruct, nor support, nor worn-out clothing, but they do have the supplement and the worn-out clothing that they have in their sight. But second-degree relations do not have a Ketubah, nor usufruct, nor support nor worn-out clothing and a widow [married to] a High Priest, a divorcee and/or a woman who had Halitzah performed to a standard Kohen, ,etc., they have a Ketubah, and usufruct and support and worn out clothing, because these things are from the words of the Scribes and require strengthening. And in the [third chapter of Tractate Makkot}: “Who are they who are flogged?” it is proven that the prohibition of a woman who had undergone Halitzah [is prohibited] to a [High] Priest from the Torah, and even though that [the prohibition] of a woman who had undergone Halitzah [who is married] to a regular Kohen is from the worlds of the Scribes, they made it of Torah law for this law." | |
], | |
[ | |
"לא תאכל בתרומה – as it is taught in the Mishnah of the Chapter “A Widow [Married to] a High Priest” [Tractate Yevamot, Chapter 7, Mishnah 4], the fetus, and the levir and betrothal invalidate [a woman from eating heave offering] but do not validate [her to do so].", | |
"לא תאכל במעשר – all of this Mishnah is Rabbi Meir who stated that First Tithe is prohibited to foreigners (i.e., non-Levites) but it is not the Halakha.", | |
"לא בתרומה ולא במעשר – this is what he said: We don’t distribute Terumah/priest’s due and First Tithe in the granary house neither to the daughter of a Kohen nor to the daughter of a Levite, as a decree because of the case of a divorced woman, the daughter of an Israelite who is prohibited to eat [First] Tithe and if they would distribute [First] Tithe to the wife in the house of the granary, they will come to distribute it to the daughter of an Israelite after she had been divorced from a Levite, for not everyone knows that for her husband, they would distribute it to her. Therefore, Rabbi Meir decreed that you should not distribute in the house of the granary to a woman even if she is the daughter of a Kohen or the daughter of a Levite. But surely, as it is taught in the Mishnah, the daughter of a Levite who is betrothed to a Kohen, etc., they should not consume neither Terumah or [First] Tithe, and the same law applies even if she is married, because the first clause [of the Mishnah] that teaches that the daughter of an Israelite who is betrothed to a Kohen, that there, especially when she is betrothed, for if she was married [to a Kohen], she could consume [Terumah], it is taught also in the concluding clause [of the Mishnah] regarding the daughter of a Levite who is betrothed." | |
], | |
[ | |
"מת ולה ממנו בן תאכל בתרומה – as it is written (Leviticus 22:11): “and those that are born into his household may eat of his food,” they call him, ‘they shall feed him,” and all the time that her son exists/lives, he provides her with Terumah.", | |
"נשאת ללוי – after she gave birth from a Kohen, ", | |
"אוכלת במעשר – she consumes [First] Tithe and not Terumah, and even though she has a son from a Kohen that was adornment, it would for her a foreigner.", | |
"מת ולה ממנו בן אוכלת במעשר – for her son from a Levite, but not Terumah for her son who is from a Kohen, for she has issue from a foreigner (non-Kohen, non-Levite)." | |
] | |
], | |
[ | |
[ | |
"האשה. ואמרו לה מת בעליך – that one witness said to her: “your husband has died,” and she married upon the testimony of one witnesses, and therefore, she should leave from this one and that one according to the law of a married woman who has been unchaste who is forbidden to her husband and forbidden to the person who initiated sexual intercourse with her for she is not an outraged woman and even though the Rabbis believe one witness regarding a woman because of being a chained woman. What is the reason? Because she herself is evidence by implication and she marries and this which is not evidence by implication, we fine her but she is married by [the testimony] of two witnesses who said to her that your husband died, but we say at the end, that she marries according to the testimony of the Jewish court, meaning to say, that she didn’t need the permission of the Jewish court since there were two witnesses testifying in the matter. She is permitted to return to her first husband for she is an outraged woman for what could she do? In the Gemara (Talmud Yevamot 88b) it proves that the Halakha is not this, but rather there is no difference whether she married according to the Jewish court with one witness and whether she married through [the testimony] of two witnesses, if her first husband comes, she should leave from this marriage (i.e., the second marriage) and that one (i.e., with the other husband) and all of these paths are concerning her.", | |
"וצריכא גט מזה ומזה – the reason that she requires a Jewish bill of divorce from the second [husband] for when they see that the first [husband] is alive, they would think that he divorced her, and as a result of this, she married the second [husband] and she is completely his (i.e., the second husband’s) wife, but if he removes her without a Jewish bill of divorce, she is found to be a married woman who leaves without a Jewish bill of divorce.", | |
"ולא בלאות – that were lost but her right to claim compensation for the wear and tear or ruin of the things which she brought along on her property that exist she did not lose.", | |
"והולד ממזר מזה ומזה – if she gave birth from the second [husband] he is a complete Mamzer/illegitimate child, and if the first [husband] took her back and she gave birth, he is a Mamzer from Rabbinic law.", | |
"לא זה ולא זה זכאין במציאתה – that the reason - why did the Rabbis state that what his wife finds belongs to her husband? It is because of enmity; here it should be enmity and hostility.", | |
"ולא במעשה ידיה – that the reason – why did the Rabbis states that her handiwork belongs to her husband? It is because of sustenance and here, where she doesn’t have sustenance, her handiwork is not his.", | |
"ובהפר נדריה – that the reason of why the husband annuls his wife’s vows, just as she should not make herself reprehensible to her husband, here, she would make herself look ever so repulsive (Talmud Yevamot 90b).", | |
"נפסלה מן הכהונה – because she is a harlot.", | |
"מן המעשר – it is fine, for the daughter [of a Levite] who ran about as a prostitute is not disqualified from the first tithe.", | |
"מן התרומה – even the priest’s due of the Rabbis.", | |
"יורשים כתובתה – the Ketubah of male issue.", | |
"חולצין ולא מיבמין – the brothers of the first [husband] perform the act of Halitzah according to the Torah, but the Rabbis decreed that he should not engage in a levirate marriage, and the brothers of the second [husband] perform the act of Halitzah according to the Rabbis, just as she requires a Jewish bill of divorce from the second [husband] according to the Rabbis.", | |
"ביאתה או חליצתה – he disputes with the first part of the Mishnah as it is taught they don’t perform levirate marriage.", | |
"ואין הולד ממנו ממזר – if the first [husband] took her back but the Halakha is neither according to Rabbi Yosi, nor according to Rabbi Eliezer nor according to Rabbi Shimon.", | |
"נשאת שלא ברשות – of the Jewish court, such as the example when two witnesses said to her: “your husband died,” that she doesn’t need the legal permission of the Jewish court." | |
], | |
[ | |
"ופטורה מן הקרבן – for an individual who acted according to the [errant] instruction of the Jewish court is exempt from the sacrifice.", | |
"שלא ע\"פ ב\"ד – but rather with two witnesses, she is a liable for a sacrifice for she errs inadvertently, but the Halakha is not like this Mishnah, but rather, whether she married by word of mouth of the Jewish court with one witnesses, whether by word of mouth of two witnesses, they are liable for a sacrifice – she and her second husband." | |
], | |
[ | |
"ואחר כך מת בנך – she did not depend upon having a levirate marriage.", | |
"ונשאת – to anyone [in the world].", | |
"ראשון ואחרון – the first [husband] before the report, and the last [husband] after the report. And according to Rabbi Akiba, it is established that he said, thee is a Mamzer when one is liable for violating negative commandments, but it is not Halakha." | |
], | |
[ | |
"מותרת לחזור לו – for the second betrothal is not anything, and he came upon her in prostitution, and we say in the Gemara (Tractate Yevamot 95a) (Numbers 5:13): “in that a man has had carnal relations with her [unbeknown to her husband , and she keeps secret the fact that she has defiled herself without being forced],” her carnal relations forbid her, but the carnal relations of her sister do not forbid her.", | |
"ומותר בקרובות השניה – to marry her (i.e. second wife’s) daughter for ewe hold that one marries the outraged or seduced woman.", | |
"רבי יוסי אומר כל שפוסל ע\"י אחרים פוסל ע\"י עצמו – Rabbi Yosi is the attendant of the first Tanna/teacher when he says, it makes no difference that his wife went and his brother-in-law (wife’s sister’s husband) who is the husband of his wife’s sister abroad nor whether his betrothed and his brother-in-law went and they came and said to him: “your wife died and your brother-in-law died,” and he married her sister and afterwards, his wife and his brother-in-law came; the wife of his brother-in-law is prohibited to his brother-in-law and his wife is permitted to him. And Rabbi Yosi said to him: His betrothed and his brother-in-law, for one is able to state that there was a condition in the betrothal, and this one who married her sister , married well, and requires a Jewish bill of divorce from him, so that they don’t say that a married woman goes out [from a marriage] without a Jewish bill of divorce for it invalidates her in regards to others, which are his brother-in-law, for since she left him with a Jewish bill of divorce, it invalidates her from her husband, it also invalidates her for marriage for himself and his wife is forbidden to himself because she is the sister of his divorced wife. But, where his wife and his brother-in-law went abroad and he married her sister that one is not able to say that there was condition for him in the marriage, and he married her well to this one, where it is possible to say that with regard to betrothal, one does not require a Jewish bill of divorce from him and does not invalidate [his wife] to others, for he did not invalidate the wife of his brother-in-law to his brother-in-law, he doesn’t invalidate her for himself. And his wife is permitted to him for she is not the sister of his divorced wife." | |
], | |
[ | |
"אמרו לו מתה אשתך ונשא אחותה מאביה – [he married his sister from her father] that was not from her mother and they retracted and said to him: “the second degree (i.e., first cousin) died,” and he married the sister of the second degree from her mother and not from her father, and it was found that this third [wife] is a stranger regarding the first wife. And they retracted and said to him, that the third-degree wife had died and he married the sister of the third wife from her father but not from her mother. It was found that the fourth is distant from the second, and all the more so, from the first. And they retracted and said to him, that this fourth wife had died, ", | |
"ונשא אחותה מאמה – and he married her sister from her mother, and she is distant from the third, and similarly from the fist and second, and afterwards, they said to them that all of them are living.", | |
"מותר בראשונה ובשלישית ובחמישית – who are not related to each other, and even though the third [wife] is the sister of the second [wife], it is permitted for the betrothal of the betrothal of the second did not take effect because she is the wife’s sister to the first [wife] whom he took [as a wife] earlier, and she is like a ravaged or seduced woman and [it is taught In a Baraitha] that if he ravaged a woman, it is permitted [for him] to marry her daughter for the Torah did not prohibit other than the wife’s sister alone, and where Kiddushin/betrothal did not take effect, she is not his wife’s sister, and similarly, the fifth [wife] even though she is the sister of the fourth [wife] she is permitted [to him] for since Kiddushin/betrothal effect with the third [wife], it is found that sexual connection with the fourth [wife] who is the sister of the third is considered a coition of prostitution, and the [fifth wife] is not forbidden to him.", | |
"ופוטרות צרותיהן – if he died and the levir came and performed levirate marriage with of them, it exempts her rival wife.", | |
"ואסור בשניה – because o the first [wife] and the fourth because of the third.", | |
"ואם בא על השנייה לאחר מיתת הראשונה – for the words were true of the first [wife] , and the rest of the words were lies, he is prohibited to the third [wife] because of the second [wife] and on the fifth [wife] because of the fourth [wife]." | |
], | |
[ | |
"בן ט' שנים ויום אחד פוסל – [a child nine years and one-day old invalidates] the deceased childless brother’s widow to the brothers if he had come upon her, for his act of sexual coition is [a valid] coition. Or, if he gave a Jewish bill of divorce or made a betrothal of a dead brother’s wife by statement with money or a document for he has a Jewish bill of divorce and a betrothal by statement of a dead brother’s wife, but it is not a complete Jewish bill of divorce, nor a complete betrothal by statement.", | |
"אלא הוא פוסל תחלה – In the Gemara (Tractate Yevamot 96a) it explains that with betrothal of a dead brother’s wife by statement, he disqualifies at the outset, but not at the conclusion, but if his older brother had made the statement of betrothal [to the dead brother’s childless widow] and [he] afterwards made the statement of betrothal, that which the nine-year and one-day old [did] did not invalidates her from his brothers, but through his act of coition, the nine-year and one-day old invalidates whether at the outset or at the conclusion, and our Mishnah is deficient and should be read as follows: but rather he invalidates at the outset and they invalidate at the outset and at the conclusion. When is this said? Through betrothal by statement, but an act of coition even at the end also invalidates. How so? A child who is nine years and one day old who came upon his dead brother’s childless widow, etc." | |
], | |
[ | |
"פסל על ידו – for it is to him like a statement of betrothal after a statement of betrothal and both of them take effect with regard to her.", | |
"ר\"ש אומר לא פסל – For the act of coition of a child who is nine years old, according to Rabbi Shimon doubtfully acquires [as a wife] and doubtful does not acquire [as a wife]; if it acquires, it acquires completely, and does not benefit his brother’s act of coition. And if he doesn’t acquire, it is to him like someone who did not engage in sexual intercourse, neither for him, nor his brother. Therefore, he did not invalidate, but the Halakha is not according to Rabbi Shimon." | |
], | |
[ | |
"בן ט' שנים ויום אחד שבא על בימתו ומת חולצת ולא מתיבמת – for she upon her the interdependence of a childless widow and her late brother’s brothers (i.e., the levirate relation) two brothers-in-law for the act of coition of this one, the younger (i.e., nine days and one-day old) is like the statement of levirate marriage from the older. She does not leave the levirate relation of the falling of the first [brother], and there falls upon her the levirate relationship through the falling of the second [brother] (see Rashi on the concluding Mishnah in Tractate Yevamot 96b). But it is taught in the Mishnah in Chapter Three (“Four Brothers”) (Tractate Yevamot, Mishnah 9, [referring to] the one who is subject to the levirate power of a single brother-in-law, and not the one who is subject to the levirate power of two brothers-in-law.", | |
"נשא אשה – [he married a woman] who is not his sister-in-law (i.e., the widow of the deceased childless brother), and he has brothers, ", | |
"הרי זו פטורה – she is exempt, even though his sexual coition (i.e., of the brother who is nine years and one day old) is considered coition but his acquisition is not an acquisition at all until he brings forth two [pubic] hairs. But the widow of the childless dead brother, since she is dependent upon him, the Rabbis made her like a statement of betrothal." | |
], | |
[ | |
"אם לא ידע הראשונה משהגדיל ראשונה חולצת ולא מתיבמת – for the levirate relationship of two levirs is upon her, for since he did not know her [sexually] once he grew up, she did not leave from the first falling [of the levir to her].", | |
"רבי שמעון אומר מיבם לאיזה שירצה – for Rabbi Shimon does not hold by the levirate relationship of two levirs , and these words, we mentioned in the chapter of “Four Brothers” (Tractate Yevamot, Chapter 3, Mishnah 9).", | |
"וחולץ לשניה – for they are not rival wives to exempt one of them with the levirate marriage of her colleague. But a levirate marriage of both of them does not occur since she is her rival wife as part of the statement of levirate marriage of the Rabbis, but it appears as two widows of a brother who died without issue who come from one house.", | |
"אחד בן תשע ואחד בן כ' – both are equal for everything mentioned above, for as long as they haven’t brought forth two [pubic] hairs, he is a minor. Until he will be thirty five years of age and if he arrive at the thirty five years and did not bring forth two [pubic] hairs, even though they didn’t appear on him, they are a sign of his being castrated/a eunuch that is explained above (see Tractate Yevamot, Chapter Eight, Mishnah Four) – which is that of a natural eunuch." | |
] | |
], | |
[ | |
[ | |
"נושאין על האנוסה – for after he raped or seduced a woman, it is permitted to marry her daughter or her mother or her sister, as it is written (Leviticus 20:14): “If a man marries a woman and her mother, ‘[it is depravity],” in all of them it is sated, “lying with/שכיבה “ but here, it states “לקיחה/takes in marriage,” to inform you that the manner of taking [to wife] is what the Torah forbade.", | |
"רבי יהודה אוסר – as it is written (Deuteronomy 23:1): “No man shall marry his father’s former wife, so as to remove his father’s garment” (i.e., to lay claim to what his father had possessed: Cf. Leviticus 18:8, 20:11, Ezekiel 16:8 and Ruth 3:9). The garment that his father saw, he should not reveal. But the Halakha is not according to the Rabbi Yehuda. But the Sages prohibited those summoned on suspicion of intercourse from the woman. To marry her daughter, or her sister, or her mother or one of her relatives, because she is found with them always, and the come to get accustomed to sin. But if he transgressed and married one of these relatives of the woman he raped or seduced or of the relatives of his wife whom he was suspected of having relations with her, we don’t remove her from his hands. But our Mishnah which teaches: “They marry the kinswomen of a woman who one has raped or seduced,” that applies, even ab initio. We are speaking after the death of the raped or seduced woman, for now, there isn’t a suspicion lest after that he will marry her daughter, he will be faithless with the first." | |
], | |
[ | |
"לא חולצין – for we require brotherhood from the father. But converts do not have relatives from the father." | |
], | |
[ | |
"שנתערבו ולדותיהן – and each of them has a certifiable son who was not mixed up.", | |
"ארבעה חולצות לאחת – the certifiable son of each of from the four performs Halitzah to one of them (i.e., the widows), and each of them are in doubt regarding here [due to the prohibition] of the brother’s wife, and the fifth son marries here, for whichever way you turn, if she is the wife of his brother, he performs levirate marriage with her, and if not, her levir performed Halitzah to her.", | |
"הוא ושלשה – this one who performed levirate marriage performs Halitzah to the other and the three [women] with him, and the fifth [brother] performs levirate marriage, for whichever way you turn, and these two return and perform Halitzah with the third [woman] and the two who are with him, and the fifth [brother] performs levirate marriage and similarly for all of them.", | |
"ד' חליצות – first because none of them are permitted to perform levirate marriage until the four [brothers] perform Halitzah to her for just as he cannot infringe the prohibition against a sister-in-law’s marriage with a stranger (literally, “for he met a sister-in-law for the market), and the same law applies when the four are able to perform Halitzah for all of them, and the fifth [brother] marries all of them, but rather, this is much better for perhaps each of them happens to come upon him and he fulfills the Mizvah of levirate marriage." | |
], | |
[ | |
"מתו כשרים – the certifiable children.", | |
"אחד חולץ – first [performs Halitzah] and afterwards the other [performs] levirate marriage, for whichever way you turn for if this one who performed Halitzah was the son of the daughter-in-law who performed Halitzah with his brother’s wife, for he is permitted to her through this Halitzah and it is well that the other marries her who is the son of the old lady, for the wife of his brother’s son is permitted to him. But if the one who performed Halitzah is the son of the old lady, and he performed Halitzah with the wife of his brother’s son, it is like she had Halitzah from an outsider/foreigner, so that when the son of the daughter-in-law when he performs levirate marriage, he did well in performing levirate marriage." | |
], | |
[ | |
"אוכלים בתרומה – that both a Kohen and the servant of a Kohen consume heave-offering/priest’s due.", | |
"וחולקים חלק אחד – It explains in the Gemara (Tractate Yevamot 99b), that this is what he said: and they divide the portion as one; if both of them to the threshing floor/granary as one, they give it to them, but if it was this one (i.e., the children of the Kohen) without that one (i.e., the children of the maidservant), they do not divide it among them for this Tanna holds that they don’t distribute heave-offering/priest’s due to a servant, other than his master is with him (which are the words of Rabbi Yehuda according to the Baraita).", | |
"בין כשרות בין פסולות – for each one of them is a doubtful Kohen and a doubtful slave, those who are pure [Kohanim] are forbidden to a slave and those who are invalidated are forbidden to a Kohen, and a doubtful prohibition [is judged] towards stringency.", | |
"סופגין את המ' – as each one says, “I am not a Kohen.”", | |
"אין משלמין – for each one says, “I am a Kohen” and they don’t remove from doubt.", | |
"ומוכרין התרומה – the heave offering of their grain, they do not give it to the Kohen when they separate it, for each one can say, “bring proof that I am not a Koen” but nevertheless, it is possible for them to consume it, but rather they sell it to a Kohen and the money is theirs.", | |
"ואין חולקים בקדשי המקדש – such as, for example, sacred hides and for each one of these, we state, “ring proof that you are a Kohen and take.”", | |
"ואין נותנין להם קדשים – to offer up.", | |
"ואין מוציאין שלהם – such as if was born to them a first-born, we don’t remove it from their hands and let it pasture/graze until it becomes unfit for sacrifice.", | |
"חומרי ישראל וחומרי כהנים – it explains in he the Gemara (Tractate Yevamot 100a) that their meal offerings are grabbed like the meal-offering of the Israelite and is offered on its own and its remnants are not consumed like the Israelite meal-offering, but rather it is burned like the meal-offering of the Kohanim which is burnt entirely." | |
], | |
[ | |
"הן חולצין ולא מיבמין – to his doubtful wife. And one of the sons of the first husband performs Halitzah, lest he was the son of their father, and he does not perform levirate marriage lest he is the son of the later husband, for he is their brother from the mother and not from the father, and his wife [is prohibited] upon them by extirpation, and similarly, the sons of the last wife, and similarly he performs Halitzah to their wives and does not perform a levirate marriage.", | |
"היו לו אחים מן הראשון ומן האחרון -- not from the same mother.", | |
"הוא או חולץ או מיבם – to a wife from the first [marriage], if he is his brother, it is good, if not, she is a foreigner regarding him and as, for example if there is no brother there other than him, one doesn’t provide a sister-in-law to the marketplace and similarly regarding the wife of the last son.", | |
"והם אחד חולץ ואחד מיבם – either the son of the first [marriage] or the son of the last [marriage], he performs Halitzah to her and his colleague performs levirate marriage. If she is his sister-in-law, it is well, and if not, she is strange him, but because of having a sister-in-law in the open marketplace, one doesn’t worry for he has performed Halitzah on his sister-in-law." | |
], | |
[ | |
"היה אחד ישראל – one of the husbands was an Israelite and one of them was a Kohen.", | |
"הוא אונן עליהם – perhaps this was on his father, and on the day of his death, he is forbidden to eat Holy Things.", | |
"והם אוננים עליו – and on the day of his death, they both are forbidden [to partake of] Holy Things. And a case can be found that he sees the death of both of them that he was a valid Kohen, for he does not defile himself for them, as for example, that they were betrothed in a mistaken Kiddushin on condition, and it was not fulfilled, and left him without a Jewish bill of divorce and she got married within three [months] and in such a manner, a case can be found that he sees the death of both of them, and he is a valid Kohen, therefore, he does not defile himself to them.", | |
"הוא לא יורש אותן – for the heirs supersede him these with those.", | |
"והן יורשין אותו – for who prevents them and they divide the money between the two of them.", | |
"ועולה במשמרו – to serve and the members of his priestly watch do not prevent him, but he does not take [a share] for all the members of the priestly watch supersede him concerning his colleagues." | |
] | |
], | |
[ | |
[ | |
"מצות חליצה: ואפילו שלשתן הדיוטות – be surely, that they are called judges and it is essential that they know to lead in reading the Biblical verses similar to judges, for even though it is taught in the Mishnah that the Mitzvah/rite of Halitzah requires three judges, we need to combine with them two others, so that Halitzah will be will be done with five to publicize the matter. And these two that they add on to the three, even if they don’t know how to read [the Biblical verses].", | |
"מנעל – of soft leather, the Halitzah is appropriate but not ab initio, as a decree lest he perform Halitzah with a torn shoe from above for even if it is torn, it sits at the knee, for since it is soft, and we require something that protects and this lacks that. But a sandal made of hard leather and it is torn and does not sit at the knee, one cannot make the decree that lest he perform the Halitzah ritual with a torn sandal; therefore, the essence of Halitzah is with a sandal.", | |
"", | |
"חליצתה פסולה – like a kind of felt housing for the foot, his Halitzah is disqualified, for we require something that protects; It is written here (Deuteronomy 25:9): “[pull the sandal off] his foot, [spit in his face]” and it is written there (Ezekiel 16:10): “[I clothed you with embroidered garments,] and gave you sandals of dolphin leather to wear, [wound fine linen around your head, and dressed you in silks],” and it is of leather.", | |
"מן הארכובה ולמעלה חליצתה פסולה – that the straps of the shoe are tied above from the knee." | |
], | |
[ | |
"בסנדל של עץ כשרה – and it would be covered with leather.", | |
"חלצה בגדול – that the sandal was large from the measurement of his foot, if he is able to walk in it, his Halitzah is valid.", | |
"או בקטן – from the measurement of his foot, if it covers the majority of his foot, his Halitzah is valid. But the Halakha is according to Rabbi Eliezer regarding what disqualifies a Halitzah at night, but the Halakha is not according to him in what validates a Halitzah with a left shoe." | |
], | |
[ | |
"חלצה ולא קראה חליצתה כשרה – for since the All-Merciful wrote (Deuteronomy 25:9): “Thus/ככה “ which implies an indispensable condition to the deed as it is written (Deuteronomy 25:9): “Thus shall be done to the man [who will not build up his brother’s house],” and the calling is mere speaking", | |
"דבר שהוא מעשה באיש – such as, for example [the case of] Halitzah where the woman performs the action with the body of the man, to exclude spitting, which is not an action with the body of the man." | |
], | |
[ | |
"החרש שנחלץ חליצתו פסולה – he does not free her in a place where there is another who is valid.", | |
"והחרשת שחלצה פסולה – and she herself is not freed through her Halitzah and she has no remedy other than through levirate marriage and if he wanted afterwards to free her, he releases her with a Jewish bill of divorce.", | |
"והחולצת לקטן חליצתה פסולה – all where we taught in our chapter that her Halitzah is invalid, she is not able to engage in a levirate marriage after that Halitzah and she requires another valid Halitzah to free her for herself and this Tanna/teacher who calls the Halitzah of a minor an invalid Halitzah, which implies that it invalidates her from engaging in a levirate marriage, is Rabbi Meir, for had it been the Rabbis, they would say there is no Halitzah of a minor at all, and she is not invalidated from engaging in a levirate marriage, and the Halakha is according to the Sages." | |
], | |
[ | |
"חלצה בשנים – fit/valid.", | |
"בשלשה – and one of them is a relative or invalid, and there didn’t remain an other than two valid individuals,", | |
"חליצתה פסולה – her Halitzah is disqualified, and such is the Halakha, that there is no valid Halitzah with less than three." | |
], | |
[ | |
"עצה ההוגנת לו – if he is a young body and she is an elderly woman; he is an elderly man and she is a young girl, they say to him: “What are you doing with a young girl, what are you doing with an elderly woman – go to someone like yourself.”", | |
"קוראה – “My husband’s brother refuses [to establish a name in Israel for his brother]” (Deuteronomy 25:7) and he recites: “I do not want to marry her” (Deuteronomy 25:8). She removes his shoe and spits [in his face] and recites (Deuteronomy 25:9) “Thus shall be done [to the man who will not build up his brother’s house!].” And the Halakha is according to Rabbi Yehuda who stated that it is a Mitzvah for all who are standing there to state (Deuteronomy 25:10): “the family of the un-sandaled one,” “the family of the un-sandaled one,” “the family of the un-sandaled o" | |
] | |
], | |
[ | |
[ | |
"בית שמאי אומרים אין ממאנין אלא ארוסות – an orphan girl whose mother and/or brothers married her off does not protest against/refuse her marriage other than from betrothal.", | |
"בבעל – [but] if he died and she did not protest against him and fell before a levir, she does not leave with a protest/annulment, but rather, she should wait until she grows up and performs the ritual of Halitzah.", | |
"אין בנות ישראל הפקר – and even from betrothal, she should not refuse and become betrothed to another [man] and then return and protest [again], but rather, she protests/refuses this one and she should delay from becoming betrothed to another until she grows up.", | |
"ותמאן ותנשא – not to go back and to protest/annul another time. But rather, this is what he said: she protests/annuls and delays from becoming betrothed to another [man] until she grows up, or if he want to get married, she annuls/refuses her husband and gets married immediately, for furthermore she does not protest/annul, according to the School of Shammai, for she is married." | |
], | |
[ | |
"אין מעשה קטנה אלא כמפותה – for she is like someone who is not married, but the Halakha is not according to Rabbi Eliezer. But the Halakha is according to Rabbi Hanina ben Antigonos. But a seduced woman from the age of six is in the legal status of someone who does not know how to preserve her betrothal [gift], and she does not need to protest/refuse, but older than six years of age, is in the legal status of someone who knows how to keep her betrothal [gift], and even though she is more confused/foolish. But from age six until age ten, she requires an examination if she knows how to keep her betrothal gift or not. And the girl may refuse/annul until she reaches the age of twelve years and one day and she shows signs [of puberty]. After that she does not refuse/annul, even if he did not come upon her [sexually]. But if he came upon her [sexually] after the age of twelve years and one day, even though she did not bring forth signs [of puberty], we suspect lest these signs fell off and he acquired her." | |
], | |
[ | |
"כל עכבה שהיא מן האיש – he (i.e., the husband) gave her a Jewish bill of divorce, this is the hindrance that comes from the man, for since she did not refuse/protest him, she revealed her intention that all that she tarried/delayed with him was for him. If she protested/refused him, this is the hindrance that is not from the man, for she did not detain herself with him because of marriage, and our Mishnah explains that and continue." | |
], | |
[ | |
"מותרת לחזור בו – even though that he did not restore her [as his wife] and she married another [man] as a result of divorce, and she became widowed [from the death of the second husband], she is prohibited to [marry again] the first, nevertheless, if he restored her [as his wife] and she refused/protested him, this refusal comes and reveals that she is a minor and her Jewish bill of divorce is annulled and there is nothing in her second return like restoring his divorced wife when she married another person.", | |
"זה הכלל – meaning to say, even many times that he divorced her and restored her [as his wife] and she refused/protested him, if she married another man as a result of a Jewish bill of divorce, she is prohibited to return to him, but as a result/in the midst of a refusal/protest, she is permitted to return to him." | |
], | |
[ | |
"לאחר ומינה בו – meaning to say, she went back and got married to a third [man] and she refused him.", | |
"כל שיצתה ממנו בגט אסורה לחזור בו – even though she left from who came after him with refusal, his Jewish bill of divorce was not annulled." | |
], | |
[ | |
"מותרת לבים – and we don’t say that the first marriage cause the sister-in-law to fall before the levir, and from the time that his brother divorced her, it establishes upon her the prohibition of the brother’s wife, that would be for her upon the divorce of his brother.", | |
"רבי אליעזר אוסר – he decrees all of these because of the orphan during the life of the father, for we say further on in our Mishnah that after her return, she is like a divorced woman even according to the Rabbis, but the Halakha is not according to Rabbi Eliezer.", | |
"ביתומה בחיי האב – even though the father is living, she is like an orphan in regard to Kiddushin, for furthermore, the father does not have the power to receive her betrothal/Kiddushin. But if he restored her [as his wife] while she was a minor, she prohibited to engage in levirate marriage if he dies while she is a minor, for the return of betrothal/Kiddushin is not anything, for since the control of the father upon her has been released, she herself lacks a hand and she would be like a divorced woman continuously." | |
], | |
[ | |
"תצא משום אחות אשה – and she is exempt from Halitzah and from levirate marriage.", | |
"מת בעלה של גדולה – and she fell before the husband of the younger [sister], the levirate relation of the older [sister]which she according to the Torah prohibits the younger [sister] upon him because her marriage is according to the Rabbis and she would be the sister of her levirate relation. What are they to do?", | |
"רבי אליעזר אומר מלמדים הקטנה שתמאן בו – and uproot her marriage, and he would perform levirate marriage to the older, and the Halakha is according to him.", | |
"רבן גמליאל אומר – the levirate relation of the older [sister] does not prohibit the younger [sister], for Rabban Gamaliel holds that the levirate marriage is not strong to prohibit his wife upon him; therefore, if she refuses, it is better and the older [sister] should under go levirate marriage, and if not, the younger [sister] should wait with him until she grows up and her marriage will be according to the Torah, and afterwards, the older [sister] will leave because of [the prohibition of] the wife’s sister. But not to have Halitzah for the older [sister], because he has invalidated the first [sister] upon him because of being the sister of the woman who performed Halitzah.", | |
"אי לו – Woe to him who removes his wife with a Jewish bill of divorce and doesn’t teach her to refuse/protest, for we state that a person should distance himself protests/refusals." | |
], | |
[ | |
"לשתי יתומות – foreigners (i.e., not related to each other).", | |
"או חליצתה – after she grows up.", | |
"וכן שתי חרשות – meaning to say, that juste as the two minor-age girls, having a sexual act with one of them exempts her rival/co-wife, so also with two deaf-mute women, but there is no Halitzah, to state that a deaf-mute woman is not one who engages in Halitzah.", | |
"אחת קטנה ואחת חרשת – even though that for both of them, their marriages are not complete marriages, nevertheless, we did not know which of them is satisfactory to him and she is considered more his wife." | |
], | |
[ | |
"לא פסל את הראשונה – for their acts of sexual intercourse are equivalent, and if the first one is acquired, she is his wife, and the sexual intercourse of the latter is fornication. But, if she is not acquired, both of hem are considered as foreigners to him for they were not acquired to his brother and he sustains the first who was not invalidated to him but not the latter one, for perhaps they were acquired, and when he comes upon the first one, he fulfills that one upon her through the prohibition of two houses.", | |
"פסל את החרשת – for perhaps the younger was acquired completely, and the acquisition of the deaf-mute woman is leftover, and he has two homes, and we reach the conclusion in the Gemara (Tractate Yevamot 111a) that a minor girl that there is a doubt if she is acquired completely for since she is worthy of sexual intercourse after a time and there is doubt if she is not acquired at all. And a woman who is a deaf-mute is acquired and she is left over, meaning to say, that she is acquired partially and is not acquired in a complete manner but nevertheless, if he comes upon a deaf-mute after he came upon a minor, he did not invalidate the minor, whichever way you turn, if the minor woman is acquired completely, he has acquired her, and the sexual act with the deaf-mute comes after that is not anything, and if she is not acquired at all, even to his brother, she was not acquired, and she is a foreigner (i.e., not related to him), but if he came first upon the deaf-mute and afterwards upon the minor, he invalidate the deaf-mute, for perhaps the acquisition of the minor was a complete acquisition, and he invalidated the acquisition of the deaf-mute which is an acquisition with something leftover. But there are books that have the reading – if he comes upon the minor girl, for we decree that because of when he came upon the deaf-mute girl and afterwards came upon the minor." | |
], | |
[], | |
[ | |
"ר' אליעזר אומר בכולן מלמדין – And the Halakha is according to Rabbi Eliezer." | |
], | |
[ | |
"יגדלו זה עם זה – and he is not able to divorce her until he grows up, for the Jewish divorce bill of a minor is not a Jewish divorce bill.", | |
"היבמה שאמרה בתוך שלשים יום – that the levir took her in marriage, I have not had sexual relations with the levir and he states, “I had sexual relations with you,” and it is enough for you with a Jewish bill of divorce, they force him to perform Halitzah for she is believed that up to thirty days, we establish that a person sustains himself and doesn’t engage in sexual intercourse.", | |
"לאחר שלשים יום – he is believed that a person does not restrain himself without sexual intercourse for more than thirty days [after his marriage] (see Talmud Yevamot 111b). But, however, she is not permitted and considers herself a piece [of meat] and she is forbidden and requires Halitzah and we request of hi that he perform Halitzah but we don’t for him, for he stated that he had sexual intercourse [with her]. That we force him to perform Halitzah is within thirty days and we request of him to perform Halitzah after thirty days, and we don’t force him and we request that he perform levirate marriage. The Gemara (Tractate Yevamot 112a) establishes such as the example that the Jewish bill divorce leaves from under her hand, for since he gave the Jewish bill of divorce to his levirate relation, she was invalidated to him; but, however, she requires Halizah to make her permissible to the world. But if she herself said, “I had sexual intercourse [with him]” and he states that “I did not have sexual intercourse [with her],” we don’t suspect his words, and she does not require Halitzah." | |
], | |
[ | |
"הנודרת הנאה מיבמה בחיי בעלה כופין אותו שיחלוץ לה – she did not intend that her husband should die, and that she would fall before him (i.e., the levir) for levirate marriage, and she takes her Ketubah [settlement]. But, after the death of her husband, she rebels and we establish that we write a document stating the wife’s refusal of duties on the sister-in-law waiting for the levir to act and we requires of him to perform Halitzah and to give her Ketubah if he desires, but if he doesn’t want to perform Halitzah and she rebels against him, and she comes to lose her Ketubah [settlement], we force him to perform Halitzah." | |
] | |
], | |
[ | |
[ | |
"כשם שכונס ברמיזה – meaning to say, just as concerning betrothal/sanctification, so also divorce. For just as a man of sound senses [who marries] with a deaf-mute woman with gestures (i.e., sign language), who gesticulated to her until she is reconciled to him and with a gesticulation he will divorce [her] if he wants to divorce [her].", | |
"ונתחרשה – even though that it was a complete betrothal/sanctification since she was of sound sense at that time.", | |
"אם רצה להוציא יוציא – for we don’t require the consent of the wife.", | |
"נשתטית לא יוציא – for even though she knows how to preserve her Jewish bill of divorce and can be divorced according to the [laws of] the [Written] Torah, the Sages established that he should not divorce her in order that people will not treat her with the practice of being an outlaw (see Talmud Yevamot 66a – as she had the neither the legal status of a freed woman nor that of a slave).", | |
"נתחרש הוא – after betrothal/sanctification, since for even though his betrothal was a complete betrothal, he can never divorce her, for a Jewish divorce that does not completely release the complete betrothal/sanctification." | |
], | |
[ | |
"שהשיאה אביה – while she was a minor girl and accepted her betrothal/sanctification and they were a complete Kiddushin/sanctification, even though she is a deaf-mute girl, for with the consent of her father, she was betrothed and not with her consent/knowledge.", | |
"יוצאה בגט – even after she grew up and the power of her father has no legal effect, she receives her Jewish bill of divorce.", | |
"אף זו – a woman of sound senses who became a deaf-mute woman and in a similar manner." | |
], | |
[ | |
"הרי אלו פטורות – for since both of them are deaf-mute males or both of them are deaf-mute women, just as the betrothal for this one, so too is the betrothal for that one, and the betrothal of his wife occurs even though they are not complete and they annul/cancel the levirate relation, for she is not a complete levirate relationship.", | |
"יכנסו – for there is no removal of the shoe with a deaf-mute male and deaf-mute female which are not [considered applicable with] (Deuteronomy 25:7): “and she [his brother’s widow] shall declare, [‘My husband’s brother refuses to establish a name in Israel for his brother]’, (Deuteronomy 25:8), “[If he insists,] saying, ‘I don’t want to marry her’],” and afterwards if they want to put them away, they put them away with a Jewish bill of divorce, for a Jewish bill of divorce by intimation (i.e., sign-language), and remove the legal status of his marriage and the levirate relation of his brother through intimation (i.e., sign-language)." | |
], | |
[ | |
"מוציא את אשתו בגט – for the levirate relationship of his sister that comes on account of complete betrothal/Kiddshin prohibits her to him, for there is no power in his betrothal to push away the widow of the brother who died without children because of [the prohibition of] the his wife’s sister.", | |
"ואשת אחיו אסורה לעולם – for a deaf-mute does not have his show removed and to marry is impossible because of [the prohibition of] his wife’s sister." | |
], | |
[], | |
[], | |
[ | |
"כונס ואינו מוציא לעולם – for his Jewish bill of divorce does not come and cancel the first levirate relationships of his brother." | |
] | |
], | |
[ | |
[ | |
"האשה. שלום בינו לבינה – for if there had been a dispute between him and her, perhaps on account of hatred, she intended to prohibit herself with him.", | |
"ושלום בעולם – for if there had been a time of an interdiction of travel, perhaps when she saw that he delayed a long time and did not return, she said; “certainly thugs killed him.” Alternatively, if she saw that he was wounded in war and she thought that the certainly would die, but when there is peace in the world, if she did not see that he died, certainly there is suspicion of disgrace lest he come after she marries married, and she will be disgraced by immorality.", | |
"רבי יהודה אומר כו' – and the Halakha is not according to his view.", | |
"אמרו לו – to Rabbi Yehuda, he should marry a bright/smart woman, an imbecile woman, he should not marry, but rather, all are the same." | |
], | |
[ | |
"בבאה מן הקציר – like a case that took place where the people of the city went to reap wheat and a snake bit one of them and he died, and she came and announced it to the Jewish court and they sent forth and found that it (i.e., the case that took place) was like her words. But the Sages did not permit [her to get remarried] but rather it was an illustration that the matter should be something nearby. But she is not believed regarding something taking place abroad.", | |
"אלא בהוה – the case that took place, such it was and the same law applies to other places." | |
], | |
[ | |
"שאין האחים נכנסים – to the inheritance of her husband as the All-Merciful said (Deuteronomy 17:6): “[A person shall be put to death] only on the testimony of two [or more] witnesses,” and it is concerning her marriage that the Rabbis were lenient because of the deserted/chained wife.", | |
"מספר כתובתה – from the formulaic language that is written in the document of the Ketubah , that when she will marry to another, and she is considered married, and if so, she takes her Ketubah settlement." | |
], | |
[ | |
"חוץ מחמותה – the reason for all of them is because they hate her and that she intends to disgrace herself. Her mother-in-law hates her for she says in her heart (i.e., to herself): “this one will consume all of my labor.” The daughter of her mother-in-law states that this one will inherit all the fruit of the labor/achievements of my mother and father. Her sister-in-law will view her that perhaps she will end up being her co-wife. The daughter of her husband states, this comes in place of my mother and will consume all the fruits of her labor.", | |
"מה בין גט למיתה – for we say that even the women who are not believed to state that her husband died are believed to bring her Jewish bill of divorce.", | |
"שהכתב מוכיח – For we rely upon the essence of the Jewish bill of divorce. And even though that it is upon them also that we rely that they must state “in my presence it was written and in my presence it was signed.”", | |
"עד אחד אומר מת ונשאת – not exactly that she got married, but rather that they permitted her to get married even though she didn’t get married. But after that, one witness came and staed that he did not die, she does not go forth from the first legal permission.", | |
"עד אחד אומר מת ושנים אומרים לא מת – as for example that they are disqualified for testimony, and we teach that since the Torah believed one witness, there is no legal testimony here, for just as one [witness] is considered disqualified for testimony, they are also considered [disqualified for testimony]. Therefore, he followed after the majority of opinions, whether legal or disqualified.", | |
"שנים אומרים מת ואחד אומר לא מת וכו' – this comes to tell us that we follow after the majority of opinions of those disqualified for testimony, whether for leniency or for stringency." | |
], | |
[ | |
"אחת אומרת מת – two co-wives/rival wives who come from abroad; one says my husband died, and the other says, he didn’t die.", | |
"ר\"מ אומר הואיל ומכחישות כו' – but the Halakha is not according to his view." | |
], | |
[ | |
"היתה בת ישראל לכהן – if her co-wife/rival wife was the daughter of an Israelite married to a Kohen, she can partake of Terumah/priest’s due on the assumption that her husband is alive and she does not take into consideration the testimony of her co-wife/rival wife for since she is not believed to cause her to be married, she is not believed to disqualify her and such is the Halakha." | |
], | |
[ | |
"אמרה מת בעלי ואח\"כ מת חמי – her mother-in-law is prohibited [from remarrying] for a bride does not testify [against] her mother-in-law and even though she stated in the first segment [of the Mishnah]: “my husband has died,” and furthermore, she is no longer her daughter-in-law and she was a stranger, nevertheless, she is not believed.", | |
"היתה בת ישראל לכהן תאכל בתרומה – in this also, the Halakha is according to Rabbi Tarfon but if he betrothed one of the five women (see Tractate Yevamot, Chapter 15, Mishnah 4), and he doesn’t know which of them he betrothed, and similarly if he stole from one of the five and doesn’t know which of them he stole from, and in both of those, the Halakha is according to Rabbi Akiva." | |
], | |
[ | |
"מת בעלי ואח\"כ מת בני נאמנת – since she had a son, and was not in the legal status/presumption of being chained to the levir when she departed, now also when she said: “my husband died,” and afterwards [said]: “my son died,” when she has no interdependence of a childless widow and her late husband’s brothers (i.e., to the levirate relation), she is believed. But if she said, “my son died” and afterwards [said]: “my husband died,” and she wants to be married by the levir, she is not believed. But if she came to be married to anyone in the world, we suspect her words for she compares herself as a piece (of meat) that is forbidden forever, and she removes the shoe of her brother-in-law who refuses to marry her and does not marry her levir." | |
], | |
[ | |
"ניתן לה בן במדינת הים – and my son died and after[wards], my husband died, we don’t remove her from the original legal presumption that she says that she still needs to marry the levir, she is believed and permitted to be married by the levir.", | |
"אינה נאמנת – to marry anyone in the world without removal of her brother-in-law’s shoe, for the Rabbis believed her as a wife, concerning her husband she is believed, because of evidence by implication and she is allowed to marry, but to free herself from the levir, she is not believed because sometimes she is hated by him and we suspect her words for she frees herself from the levir, and removes her levir’s shoe and does not marry the levir." | |
], | |
[ | |
"ניתן לי יבם במדינת הים – that her mother-in-law gave birth to abroad, and she went in the legal presumption that she has no levir.", | |
"מת בעלי ואח\"כ מת יבמי וכו' – in both cases she is permitted to anyone in the world and is believed and permitted to anyone in the marketplace [of the world] in her original presumptive legal status that the mouth that forbids is the one that permits." | |
] | |
], | |
[ | |
[ | |
"האשה. לא תנשא – since her husband went [abroad] without children.", | |
"ולא תתיבם – for perhaps her rival/associate wife gave birth, and if she should say, perform the ritual of removing the shoe of the brother-in-law who refuses to perform levirate marriage, and afterwards marry whomever you want in the world whichever way you turn. They answered in the Gemara (Tractate Yevamot 119b) because a woman whose husband died without children who has performed the rite of Halitzah with a brother of the deceased is disqualified of [marrying into] the priesthood and if she should perform the rite of Halitzah and it is found afterward that her rival/associate wife gave birth to a living child, her Halitzah is not anything, they need to announce concerning her that she is fit for the priesthood, and was not disqualified on account of that rite of ahalitzah. And whomever that it is found at the time of her Halitzah, and is not found at the time where they announced about the Halitzah, it is nothing and she is not disqualified from the priesthood through her and when he sees her afterwards married to a Kohen, he would say that a woman who had performed the rite of Halitzah is permitted to a Kohen.", | |
"היתה לה חמות – abroad.", | |
"אינה חוששת – perhaps she had been given a levir even though we suspect above lest her rival wife had given birth whether to a male or a female, he exempts her to this one who is performing the duty of levirate marriage but her mother-in-law, if she also gave birth, she would not be needed for her for this one but if she had given birth to male, it is possible to state that perhaps she aborted, and if you can assume that she did not abort, perhaps it was a girl.", | |
"יצתה מלאה – pregnant.", | |
"חוששת – perhaps she had been given a levir. But the Halakha not according to Rabbi Yehoshua who said that she does not have to worry/scruple [concerning her]." | |
], | |
[ | |
"שתי יבמות – the wives of two brothers.", | |
"מפני בעלה של זו – perhaps he is living and she is bound/chained to him, and even though that his wife states that he has died, she is not believed to permit this one (i.e., the woman) to the whole world through her [words on her] lips for the widow of a brother who died without issue does not provide testimony on her fellow widow of a brother who died without issue.", | |
"לזו עדים – whose husband died and the other [woman whose husband died] does not have witnesses.", | |
"זו שיש לה עדים אסורה – to marry to the entire world, for she is a widow of a brother who died without issue who did not have witnesses that he died.", | |
"וזו שאין לה עדים מותרת – for on account of her husband, she is not forbidden, for she is believed to state: “my husband died,” and because of her being a widow of a brother who died without issue also, she is not forbidden for witnesses came testifying that he had died.", | |
"לזו בנים ולזו אין בנים – and there are witnesses neither to this one nor to that one; the woman who has children is permitted [to remarry] and the one who has no children is prohibited [from remarrying].", | |
"נתיבמו – that they had here two widows of brothers who died without issue and they married their levirs and the levirs died, they are forbidden to marry anyone in the whole world: this one (i.e., the first woman), because of the first husband of the other one, and that one (i.e., the second woman) because of the first husband of the other one, even though both were married to their levirs because of the presumption that their husbands had died, through their own testimony hey married, and they were believed, for the woman who said: “my husband died,” should be married by her levir. But now, that they would will be married to anyone in the world, no, for if they would marry to anyone in the world, it would be found that the testimony of this woman would be beneficial to that one (i.e., woman) and the testimony of that one (i.e., woman) would be beneficial to the other (i.e. woman), and widows of brothers who died without issue cannot give testimony one for the other.", | |
"הואיל והותרו ליבמין – on the presumption their husbands had died, they were permitted to marry anyone in the world, and furthermore, we don’t suspect lest that they are living, but the Halakha is not according to Rabbi Eleazar." | |
], | |
[ | |
"פרצוף פנים עם החוטם – if he did not see him with the appearance of his face or that his nose was taken , we don’t testify to permit [someone else] to marry his wife, for perhaps it is not him.", | |
"מגוייד – dissected like [Daniel 4:14]: “Hew down the tree, [lop off is branches].”", | |
"או חיה אוכלת בו – specifically in he place where his soul does not depart from [his body], but if it in the place where the soul departs, he testifies about him that he has died.", | |
"אין מעידין אלא עד ג' ימים – if they did not see him until after three days of his death, we don’t testify regarding him, for we suspect lest the appearance of his face has changed and this [individual] is not that whom they think [that it is].", | |
"ר' יהודה בן בבא אומר לא כל אדם וכו' – there are people who speedily blows/swells up, such as a heavy persn, and there is a place where a person speedily decomposes and to change, such as in a hot place, and there is a time when the world is hot and a person speedily decomposes and changes, and everything is according to the individual, and the place and the time, whether for leniency or for stringency and the Halakha is not according to Rabbi Yehuda." | |
], | |
[ | |
"מים שיש להם סוף – that appears all four directions that surround the water and water that is not in sight of shore, that a person cannot see all about him. But Rabbi Meir does not make a distinction between a body of water that is not within sight of shore and a body of water that is within sight of shore but the Sages dispute in the Baraita (see Tosefta Yevamot, Chapter 14, Halakha 5 and Talmud Yevamot 121a) and state that a body of water that is within sight of shore, his wife is permitted if he tarried there a period of time where it is impossible that he would live, according to this period of time within the water. But water that is not in sight of shore, his wife is forbidden [to remarry] for lest after he came up from there, he left and went on his way, as Rabbi Yosi stated in our Mishnah, and the Halakha is according to the Sages.", | |
"ועלה לאחר שלשה ימים – for Rabbi Meir holds that a person can live within the water for a number of days, and because of this, even in water that is within sight of a shore, that if he comes out, someone will see him, for we suspect that perhaps after he would come out after many days and they wouldn’t see him. But Rabbi Yosi disputes on this and says that there is an incident about a blind person who went down to ritually immerse in a cave and the cave had water that is in sight of a shore and they remained until they died and their married off their wives.", | |
"מן הארכובה ולמטה – since he would be able to live, [his wife] should not remarry lest he leaves and no one sees him, for they are a body of water that is not within sight of a shore." | |
], | |
[ | |
"אפילו שמע מן השנשים – that they don’t intend to testify, he can go to testify so that his (i.e., the dead person) wife may marry.", | |
"הרי אנו הולכים לספוד ולקבור את איש פלוני – in the Gemara (Tractate Yevamot 121b) that one requires that they would say, “we come from eulogizing and burying this particular individual,” and it also requires that he would hear them telling of the matters of the eulogy: “such-and such Rabbis were there,” “such-and-such eulogies were there,” because it is the manner of young children to pay and to bring up names and lest it was an ant or locust that they buried, and bring them in with the name of that certain individual." | |
], | |
[ | |
"משיאין על פי בת קול – [if] they heard [the voice] crying out that so-and-so has died.", | |
"בצלמון – the name of a place." | |
], | |
[ | |
"ונומיתי לו – I said to him.", | |
"כן הדברים – for all of his colleagues dispute him.", | |
"משובשת בגייסות – and I am not able to go to you to testify on what I heart, but rather, say to them: You are who have offered testimony in my name.", | |
"ר' אליעזר ור' יהושע אומרים כו' ור\"ע אומר כו' – but the Halakha is not like one of them bu rather the Halakha is that we marry on the word of a woman and on the word of relatives except for five women that are taught in our Mishnah (see Tractate Yevamot, Chapter 15, Mishnah 4). But on the evidence of a single witness, on the evidence of a woman, on the evidence of a slave, on the evidence of a maid servant is fit for the testimony of a woman.", | |
"לא תהא כהנת כפונדקית – meaning to say, of distinguished birth, she is not believed like an heathen inn-hostess, in astonishment, and if they believed the heathen inn-hostess, she makes a statement in ignorance of its legal bearing, all the more so, that they would believe an Israelite woman.", | |
"לכתהא פונדקית נאמנת – meaning to say, that the inn-hostess is not believed." | |
] | |
] | |
], | |
"sectionNames": [ | |
"Chapter", | |
"Mishnah", | |
"Comment" | |
] | |
} |