{
"language": "en",
"title": "Mishnah Yevamot",
"versionSource": "http://www.sacred-texts.com/jud/etm/index.htm",
"versionTitle": "Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com",
"status": "locked",
"license": "Public Domain",
"shortVersionTitle": "D. A. Sola and M. J. Raphall, 1843",
"actualLanguage": "en",
"languageFamilyName": "english",
"isBaseText": false,
"isSource": false,
"direction": "ltr",
"heTitle": "משנה יבמות",
"categories": [
"Mishnah",
"Seder Nashim"
],
"text": [
[
"Fifteen classes of women exempt their rivals and their rivals' rivals ad infinitum from Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] and Yibum [Levirate marriage wherein a man weds his childless brother's widow]. And these are they: His [the Yavam - the surviving brother's] daughter, and his daughter's daughter, and his son's daughter, and his wife's daughter, and her [his wife's] son's daughter, and her [his wife's] daughter's daughter, and his mother-in-law, and his mother-in-law's mother, and his father-in-law's mother, and his maternal sister, and his mother's sister, and his wife's sister, and his maternal brother's wife, and the wife of his brother who was not alive [when the younger brother lived], and his daughter-in-law. These exempt their rivals and their rivals' rivals from Chalitzah and from Yibum ad infinitum. [If] any of these [women] died, or refused [as adults to remain in marriages they were forced into as minors], or were divorced, or were found to be barren, their rivals are permitted [to the Yavam]. But regarding his mother-in-law, and his mother-in-law's mother, and his father-in-law's mother you cannot say that they were found to be barren or that they refused. ",
"How do they [these women] exempt their rivals? [If] one's daughter or any one of these forbidden unions was married to his brother who had another wife, and he died - then just like his daughter is exempt [from Yibum because one cannot marry one's daughter], so too is her rival exempt. [If] his daughter's rival went and married his second brother who had another wife and then he [the second brother] died - then just like his daughter's rival is exempt [from Yibum] so too is her rival's rival exempt, even if there are a hundred [brothers]. How is it to be understood that when these have died their rivals are permitted? [If] one's daughter, or any one of these forbidden unions was married to his brother who had another wife, and his daughter died, or was divorced, and subsequently his brother died, her rival is permitted. And [if] a woman could have refused but did not refuse, her rival performs Chalitzah but does not undergo Yibum.",
"[There are] six forbidden unions [whose cases are] more stringent than these, because they are married to others their rivals are permitted. His mother, and his father's wife, and his father's sister, and his paternal sister, and his father's brother's wife, and his paternal brother's wife.",
"Beit Shammai permit the rivals to the brothers [for marriage], but Beit Hillel forbid [them]. [If these women] had performed Chalitzah Beit Shammai disqualify them from [subsequently marrying] priests, but Beit Hillel allow them [to do so]. [If these women] had undergone Yibum, Beit Shammai permit them [to subsequently marry priests], but Beit Hillel disqualify them [from such a union]. Even though these [one school] prohibit and these [the other school] permit, these disqualify and these allow, Beit Shammai did not refrain from marrying women from Beit Hillel, nor did Beit Hillel [refrain from marrying women] from Beit Shammai. [With regard to] purity and impurity where these ruled [a matter] pure and these ruled [it] impure, they did not refrain from using [utensils] the other deemed pure. "
],
[
"How [does] the wife of his brother who was not alive [release her rival]? [If there were] two brothers and one dies [childless] and [a third] brother was born to them, following which the second brother performs Yibum [Levirate marriage wherein a man weds his childless brother's widow] for his brother's wife and dies, then the first woman [the initial widow] goes out [without Yibum or Chalitzah - the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] because she was the wife of his brother who was not alive [when the younger brother lived]; and the second [wife of the second brother is also exempt] because of her rival [the initial widow]. [If] he [the second brother] performed Ma’amar [semi-betrothal of a Yevama through money or a document] and died, the second [wife of the second brother] performs Chalitzah but does not undergo Yibum.",
"[If there were] two brothers and one of them dies, and the second performs Yibum for his brother's wife, whereupon another [third] brother was born, and [the second brother] dies - the first [widow] goes out [without further ceremony] because she was the wife of his brother who was not alive, and the second [widow of the second brother goes out] since she is her [the initial widow's] rival. [If] he [the second brother] performed Ma’amar [for the initial widow] and died the second [wife of the second brother] performs Chalitzah but does not undergo Yibum. Rabbi Shimon says: He [the third brother] performs Yibum for whomever of them he wants or undergoes Chalitzah from whomever of them he wants.",
"They stated a rule with regard to a Yevama [a woman whose husband died childless and whose brother-in-law must marry or dismiss her]: [If] a woman is prohibited due to Ervah [a forbidden union with a relative] neither does she perform Chalitzah nor is Yibum performed for her. [If] a woman is prohibited due to [another, non-Ervah] prohibition commandment, or due to a prohibition of sanctity, she performs Chalitzah but Yibum is not performed for her. [If] her sister is her sister-in-law, she performs Chalitzah or Yibum is performed for her. ",
"A prohibition commandment [refers to] the secondary degrees [of forbidden unions] prohibited by rabbinic decree. A prohibition due to sanctity [refers to] a widow [marrying] a high priest, a divorced woman or a Chalutzah [a woman who performs Chalitzah, marrying] a common priest, a Mamzeret [the offspring of a severely prohibited union between a Jewish man and woman] or a Netinah [a member of a caste of Temple servants historically descended from the Gibeonites, marrying] a Jew, and the daughter of a Jew [marrying] a Mamzer or a Netin. ",
"[If] one has any kind of a brother [even a Mamzer] he [such a brother] binds his [dead] brother's wife to Yibum. And he is his brother with regard to all matters, except when one has [a brother] from a bondwoman, or from a gentile woman. [If] one has any kind of a son [even a Mamzer] he exempts his father's wife from Yibum; and he is liable for striking him [his father] or cursing him [his father]. And he is his son with regard to all matters, except when one has [a son] from a bondwoman, or from a gentile woman.",
"[If] one betrothed one of two sisters, but does not know which of them he betrothed, he gives a bill of divorce to this one and a bill of divorce to that one. If he died and he had one brother, he [that brother] undergoes Chalitzah from both [women]. If he had two brothers, one undergoes Chalitzah [from one woman] and one performs Yibum [with the other woman]. [If] they went ahead and married [the sisters] they [the women] are not removed from them.",
"[If] two men betrothed two sisters and this one [one of them] does not know which he betrothed, and this one [the other] does not know which one he betrothed, this one gives two bills of divorce [one to each woman] and this one gives two bills of divorce. If they [the men] died and this one had a brother and this one had a brother, this one undergoes Chalitzah from both women, and this one undergoes Chalitzah from both women. If one of [the men] had one [brother], and the other had two [brothers] the lone bother undergoes Chalitzah from both women; and [with regard] to the two - one undergoes Chalitzah [from one woman] and one performs Yibum [with the other woman]. [If] they went ahead and married the sisters they [the women] are not removed from them. [If] this one had two [brothers] and this one had two [brothers], the brother of this one undergoes Chalitzah from one woman and the brother of this one [the other man] undergoes Chalitzah from one woman. The brother of this one performs Yibum with the Chalutzah of this one, and the brother of this one [the other man] performs Yibum with the Chalutzah of this one. [If] the two [brothers of one man] went ahead and underwent Chalitzah the two [brothers of the other man] should not perform Yibum, rather one of them undergoes Chalitzah and one of them performs Yibum. If they [the brothers of the second man] went ahead and married them [following the Chalitzah of the two] they are not removed from them.",
"It is the obligation for the eldest brother to perform Yibum; however, if the younger [brother] went ahead [and did it] he has merited [the Mitzvah]. [If] one was accused of [having relations] with a bondwoman and she was [subsequently] freed, or with a gentile woman and she [subsequently] converted, he may not marry her. But if he did she is not removed from him. [If] one was accused of [having relations] with a married woman, and [consequently] she is removed from him [her husband], even if he [the suspected adulterer] marries [her], he must divorce [her].",
"[If] a person brings a bill of divorce from overseas and states, \"It was written before me and it was signed before me\", he [the messenger] may not marry his wife [the woman named in the divorce]. [If a person testified that a man is] \"dead\", or \"I killed him\", or \"we killed him\", he may not marry his wife [the woman he is addressing]. Rabbi Yehudah says: [If he says] \"I killed him\" he may not marry his wife; [but if he says] \"we killed him\" he may marry his wife.",
"[If] a sage prohibits a wife to her husband due to a vow [by upholding a vow the woman took] he may not marry her. [But] he may marry her [if] the woman refused [as an adult to remain in a marriage she was forced into as a minor] before him, or performed Chalitzah before him, since he [functions] as a court. And in all [the above mentioned cases] if they had wives [at the time of the cases] and they [their wives subsequently] died, they are allowed to marry them. And in all [the above mentioned cases if the women] married others [following their cases] and then got divorced or became widowed, they [the messenger, the witness or the sage] are allowed to marry them. And in all [the above mentioned cases] the women are allowed [to marry] their [the messenger's witness's or sage's] sons or brothers."
],
[
"[If there were] four brothers two of whom married two sisters, and they who had married the sisters died, they [the sisters] perform Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] but do not undergo Yibum [Levirate marriage wherein a man weds his childless brother's widow]. And if they [the surviving brothers] went ahead and married them, they are removed from them. Rabbi Eliezer says: Beit Shammai say they may maintain them, but Beit Hillel say they remove them.",
"[If] one of them [the sisters] was prohibited to one of the brothers due to Ervah [a forbidden union with a relative], he is forbidden to [marry] her, yet is permitted to [marry] her sister, and the second [surviving brother] is prohibited to [marry] both of them. If one of them [the sisters, is prohibited due to] a prohibition commandment, or [due to] a prohibition of sanctity, she performs Chalitzah but Yibum is not performed for her. ",
"[If] one of them [the sisters] is prohibited to one [of the brothers] due to Ervah and the second [sister] is prohibited to one [the other brother] due to Ervah, then she who is prohibited to one brother is permitted to the other, and she who is prohibited to the other brother is permitted to this one. And this is what they said [meant by]: [If] her sister is her sister-in-law, she performs Chalitzah or Yibum is performed for her. ",
"[If there were] three brothers two of whom married two sisters, or [married] a woman and her daughter, or a woman and her daughter's daughter, or a woman and her son's daughter then these women perform Chalitzah but Yibum is not performed for them. Rabbi Shimon exempts them [even from Chalitzah]. [If] one of them [the women] was prohibited to him [the surviving third brother] due to Ervah he is forbidden to her, but is permitted to her sister. If one of them [them was prohibited due to] a prohibition commandment, or [due to] a prohibition of sanctity, she performs Chalitzah but Yibum is not performed for her. ",
"[If there were] three brothers two of whom married two sisters, while the other [third brother remained] unmarried, and one of the sisters' husbands died, and the unmarried brother performed Ma’amar [semi-betrothal of a Yevama through money or a document], and subsequently his second brother died, Beit Shammai say: His wife [the initial widow stays] with him, and the other [sister] goes out [with no further ceremony] because she is his wife's sister. But Beit Hillel say: He removes his wife with a bill of divorce and with Chalitzah, and his [second] brother's wife with Chalitzah. This is what they said [meant by]: Woe to him because of his wife, and woe to him because of his brother's wife. ",
"[If there were] three brothers two of whom married two sisters, while the other [third brother] married an unrelated woman, and one of the sisters' husbands died, and the one who had married the unrelated woman marries his wife and then dies, the first [widow] goes out [with no further ceremony] because she is his [the surviving brother's] wife's sister, and the second [unrelated] woman [goes out] because she is her rival. [If] he [the brother married to the unrelated woman] performed Ma’amar and dies the unrelated woman performs Chalitzah but Yibum is not performed for her. [If there were] three brothers two of whom married two sisters, while the other [third brother] married an unrelated woman, and the one married to the unrelated woman died, and one of the ones who had married the sisters marries his wife, and dies, the first one [the first wife who was a sister] goes out [with no further ceremony] because she is his [the surviving brother's] wife's sister, and the other one [the unrelated woman goes out] because she is her rival. If he [the brother with the wife who's a sister] performed Ma’amar [for the unrelated woman] and dies the unrelated woman performs Chalitzah [for the surviving brother] but Yibum is not performed for her.",
"[If there were] three brothers two of whom married two sisters, while the other [third brother] married an unrelated woman, and one of the sisters' husbands died, and the one who had married the unrelated woman marries his wife, and then the wife of the second [brother] dies, and then he who had married the unrelated woman dies, she [the surviving sister] is forbidden to him [to her sister's widower] forever because she was forbidden to him at one point. [If there were] three brothers two of whom married two sisters, while the other [third brother] married an unrelated woman, and one of the ones who had married the sisters divorced his wife, and the brother married to the unrelated woman died, and the one who had divorced [his wife] married [the widowed unrelated woman] and died, this is what they said [meant by]: [If] any of these [women] died or were divorced their rivals are permitted [to the Yavam, the other brother married to a sister].",
"In all [cases where women exempted due to Ervah exempt their rivals as well] if there was an uncertain betrothal or divorce, the rivals perform Chalitzah but Yibum is not performed for them. What is [a case of] uncertain betrothal? [If for example] he threw the betrothal [object, such as money] and it is uncertain whether it fell nearer to him or to her - that is uncertain betrothal. A doubtful divorce is [if] he wrote [the bill of divorce] in his own handwriting but it has no witnesses' [signatures] on it; or if it has witnesses' [signatures] on it but it has no date on it; or if it has a date on it but it only has one witness's [signature] on it - those are [cases of] uncertain divorce.",
"[If there were] three brothers married to three unrelated women, and one of them [the brothers] died, and the second brother performed Ma’amar [for the widow] and dies, they [his two widows] perform Chalitzah but Yibum is not performed for them, as it is said (Devarim 25:5), \"And one them dies... her husband's brother shall go in to her,\" [that refers to] one who is bound to one Yavam, but not to one who is bound to two Yevamim. Rabbi Shimon says: He may perform Yibum for whichever [woman] he wants and undergo Chalitzah from the other one. [If there were] two brothers married to two sisters and one of them dies, and afterwards the wife of the second brother dies, she [the widow] is forbidden to him forever because she was forbidden to him at one point. ",
"[If] two men betrothed two women and when they entered the marriage canopy they [accidentally] switched this one's [bride] for this one's [bride] they are liable for [subsequent relations with] a married woman. [If] they were brothers [they are liable for relations] with a brother's wife. And if they were sisters [they are liable for relations] with \"a woman and her sister\". If they were Niddot [women who have menstruated and are thereby impure, they are liable for relations] with a Niddah. And we separate them for three months [from their husbands since] they are perhaps pregnant. And if they are minors who are unable to bear [children] we return them [to their husbands] immediately. And if they are [daughters of] priests they are disqualified from [eating] Terumah [a portion of a crop given to a Kohen which becomes holy upon separation and can only be consumed by Kohanim or their households]. "
],
[
"[If] an individual underwent Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] from his Yevama [a woman whose husband died childless and whose brother-in-law must marry or dismiss her], and she was [subsequently] found to be pregnant and bore [a child]: If the child will live [for example, he was born after a full period of gestation] he [the Yavam - one upon whom has fallen the obligation to perform Levirate marriage] is permitted to [marry] her relatives, and she is permitted to his relatives, nor is she disqualified [from marrying] a priest. [If] the child will not [necessarily] live [for example, he is premature] he [the Yavam] is forbidden to her relatives, and she is forbidden to his relatives, and she is disqualified [from marrying] a priest.",
"[If] an individual married his Yevama and she was [subsequently] found to be pregnant and bore [a child]: If the child will live, he must divorce [her] and they are liable for a sacrifice [for having relations]; but if the child will not live, he may maintain her [as a wife]. [If it is] uncertain whether the child was born [after] nine months from the first [husband], or [after] seven months from the second [lit. last husband], he divorces her, but the child is legitimate, and they [both] are liable for an Asham Talui [a guilt-offering brought upon possible commission of a sin].",
"[If] a Shomeret Yavam [the widow of a childless man whose brother-in-law has not yet married her nor released her from the obligation of Levirate marriage] inherits property Beit Shammai and Beit Hillel agree that she may sell it or give it away and that [such a transaction] stands. [If a Shomeret Yavam] dies, what should they do with her Ketubah[a monetary settlement payable to a woman upon divorce or the death of her husband] and with the property that comes in with her [upon marriage] and goes out with her [upon divorce]? Beit Shammai say: The inheritors of the husband and the inheritors of the father divide it; but Beit Hillel say: The [usufruct] property goes to them [both groups], the Ketubah goes to the inheritors of the husband, and the property that comes in and goes out with her goes to the father's inheritors.",
"[Once the Yavam] has married her [the Yevama] she is considered his wife in every respect, except that her Ketubah is taken from her first husband's estate.",
"It is the obligation for the eldest brother to perform Yibum [Levirate marriage wherein a man weds his childless brother's widow]. [If] he is unwilling they go to each of the brothers; if they are unwilling they return to the eldest brother and say to him, \"The obligation is incumbent upon you - either undergo Chalitzah or perform Yibum.\"",
"If he delays his decision [arguing that the woman should wait] until the younger brother grows up, or until an older brother arrives from overseas, or until a brother who is a deaf-mute or a shoteh [recovers], they do not heed him, but they say to him, \"The obligation is incumbent upon you - either undergo Chalitzah or perform Yibum.\"",
"[If] one has undergone Chalitzah from his Yevama he [remains] on equal footing with his brothers with respect to the inheritance [of his deceased brother]; but if there is a father [he is still alive] the estate is the father's. If one marries his Yevama he acquires his brother's estate. Rabbi Yehudah says: In either case - if there is a father the estate is the father's. [If] one has undergone Chalitzah from his Yevama, he is forbidden to her relatives and she is forbidden to his relatives. He is forbidden to her mother, and to her mother's mother, and to her father's mother, and to her daughter, and to her daughter's daughter, and to her son's daughter, and to her sister as long as she [the Yevama] is alive. The brothers [of the Yavam] are permitted [to her relatives]. And she is forbidden to his father, and to his father's father, and to his son, and to his son's son, and to his brother, and to his brother's son. A man is permitted to the relative of his Chalutzah's [a woman who performs Chalitzah] rival, but is forbidden to the rival of his Chalutzah's relative. ",
"[If] one has undergone Chalitzah from his Yevama and his brother marries her sister and he [the brother] dies, she performs Chalitzah but does not undergo Yibum. And similarly [if] one divorces his wife, and his brother marries her sister and he [the brother] dies, she is exempt from Chalitzah and from Yibum.",
"[If] the brother [of the deceased] betroths the sister of the Shomeret Yavam, they said in the name of Rabbi Yehudah ben Beteira: They say to him, \"Wait until your older brother proceeds to act.\" [If] his brother underwent Chalitzah from her or married her, he may marry his wife [the sister]. [If] the Yevama dies he may marry his wife [the sister]. [If] the Yavam dies, he must divorce his wife [the sister] with a bill of divorce and undergo Chalitzah from his brother's wife. ",
"A Yevama should not perform Chalitzah or accept Yibum until three months have passed [following her husband's death]. And all other women should not become betrothed, and should not be married until three months have passed. [This applies to all women] regardless of whether they were virgins or not virgins, or whether they were divorced or were widowed, or whether they were married or betrothed. Rabbi Yehudah says: Women who had been married may become betrothed [without waiting], and women who were betrothed may get married, save for a betrothed woman in [the region of] Judah since there he is intimate with her. Rabbi Yose says: All women may become betrothed [without waiting] save for a widow because of the mourning.",
"[If] four brothers marry four women and [all] die, the eldest [among other surviving brothers] he has the right to perform Yibum for all them [the widows] if he so wishes. If one was married to two wives and died, relations [for Yibum] or Chalitzah with one of them exempts her rival. [If] one is eligible and one is ineligible, [then] if [he chooses] to undergo Chalitzah he undergoes Chalitzah from the ineligible woman; and if [he chooses] to perform Yibum he performs Yibum with the eligible woman. ",
"[If] one re-marries his divorced wife, or [if] one marries his one Chalutzah [after performing Chalitzah], or [if] one marries the relative of his Chalutzah, he must divorce the woman, and any child [resulting from the union] is a Mamzer [the offspring of a severely prohibited union between a Jewish man and woman], these are the words of Rabbi Akiva; but the Sages say the child is not a Mamzer. And they agree that [if] one marries the relative of his divorced wife, the child is a Mamzer. ",
"Who is a Mamzer? [Relations with] any close relative subject to \"He shall not enter\" (Devarim 23:3) [produces a Mamzer], these are the words of Rabbi Akiva. Shimon HaTimni says: [Relations with] anyone with whom one is liable to Karet [excision] at the hands of Heaven [produces a Mamzer], and the law follows his approach. Rabbi Yehoshua says: [Relations with] anyone with whom one is liable to capital punishment [produces a Mamzer]. Rabbi Shimon ben Azzai said: I found a genealogical scroll in Jerusalem and [the following] was written in it: So-and-so is a Mamzer [as the product of a forbidden union with] a married woman, which supports the position of Rabbi Yehoshua. If one's wife died, he is permitted to her sister; if one divorced [his wife] and she died, he is permitted to her sister. If she [his former wife] married another man and then died, he is permitted to her sister. [If] his Yevama died, he is permitted to her sister. [If] he underwent Chalitzah from her and she died, he is permitted to her sister. "
],
[
"Rabban Gamliel says: There is no bill of divorce after a bill of divorce, and there is no Ma’amar [semi-betrothal of a Yevama widow through money or a document] after Ma’amar, and there is no relations after relations, and no Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] after Chalitzah. And the Sages say: There is a bill of divorce after a bill of divorce, and there is Ma’amar after Ma’amar, but there is nothing after relations and nothing at all after Chalitzah. ",
"How so? [If] one performed Ma’amar for his Yevama [a woman whose husband died childless and whose brother-in-law must marry or dismiss her], and [subsequently] gave her a bill of divorce, she needs to perform Chalitzah for him. If he performed Ma’amar and underwent Chalitzah, she needs [to receive] a bill of divorce from him. If he performed Ma’amar and had relations, he is following the necessary Mitzvah. ",
"[If] one gave her [his Yevama] a bill of divorce, and performed Ma’amar she requires a [second] bill of divorce and Chalitzah. [If] one gave her a bill of divorce and had relations [with her] she requires a [second] bill of divorce and Chalitzah. [If] one gave her a bill of divorce and underwent Chalitzah from her there is nothing at all after Chalitzah. [If] he underwent Chalitzah from her and performed Ma’amar, or [if] he gave her a bill of divorce and had relations with her, or [if] he had relations with her and performed Ma’amar, or [if] he gave her a bill of divorce and underwent Chalitzah from her - there is nothing at all after Chalitzah. This is so with both one Yevama and one Yavam, or two Yevamot and one Yavam.",
"How so? [If] one performed Ma’amar with one [Yevama] and performed Ma’amar for [the other] one, they need two bills of divorce [each needs one] and Chalitzah. If he performed Ma’amar with one and gave [the other one] a bill of divorce, they need a bill of divorce and Chalitzah. [If] he performed Ma’amar with one and had relations with [the other] one they need two bills of divorce and Chalitzah. [If] he performed Ma’amar with one and underwent Chalitzah with [the other] one, the first one requires a bill of divorce. [If] he gave a bill of divorce to one and a bill of divorce to [the other] one they [both] require him to undergo Chalitzah. [If] he gave a bill of divorce to one and had relations with [the other] one she [the latter] requires a bill of divorce and she [either] requires him to undergo Chalitzah. If he gave a bill of divorce to one and performed Ma’amar for [the other] one she [the latter] requires a bill of divorce and she [either] requires him to undergo Chalitzah. If he gave a bill of divorce to one and underwent Chalitzah from [the other] one there is nothing at all after Chalitzah. ",
"[If] he underwent Chalitzah [from one] and underwent Chalitzah [from the other]; or [if] he underwent Chalitzah [from one] and performed Ma’amar for the other one, or gave a bill of divorce [to the other one], or had relations [with the other one]; or [if] he had relations [with one] and had relations [with the other one]; or [if] he had relations [with one] and performed Ma’amar [for the other one], or he gave a bill of divorce [to the other one], or underwent Chalitzah [from the other one], there is nothing at all after Chalitzah. This is so with both one Yavam and two Yevamot, or two Yevamim and one Yevama.",
"[If] one underwent Chalitzah and [subsequently] performed Ma’amar; or [if] gave her a bill of divorce and had relations with her; or [if] he had relations with her and [subsequently] performed Ma’amar; or if he gave her a bill of divorce and underwent Chalitzah there is nothing at all after Chalitzah, whether it's at the beginning, or in the middle or at the end. And [with regard to] relations - when it's at the beginning there is nothing at all after it. If it is in the middle or at the end there can be something after it. Rabbi Nechemiah says: [With regard to] both relations and Chalitzah there is nothing at all after it, whether it is at the beginning or in the middle or at the end. "
],
[],
[
"[If] a widow [was married] to a High Priest, or a divorced woman or a Chalutzah [a woman who performs Chalitzah, was married] to a common priest, and [through the marriage] brought him [her husband] usufruct of slaves or slaves of guaranteed property - usufruct slaves may not eat Terumah [a portion of a crop given to a priest which becomes holy upon separation and may only be consumed by priests and their households], but guaranteed property slaves may eat [Terumah]. And these are usufruct slaves: If they die - they die to her [she suffers the financial loss], and if they appreciate in value - they appreciate for her. Even though he is liable for their sustenance, they may not eat Terumah. And these are guaranteed property slaves: If they die - they die to him [he suffers the financial loss], and if they appreciate in value - they appreciate for him. Since he is responsible for them, they may eat Terumah. ",
"[If] the daughter of an Israelite [was married] to a priest and brought slaves in to him, they may eat Terumah whether they are usufruct slaves or guaranteed property slaves. But if the daughter of a priest [was married] to an Israelite, and brought slaves in to him, they may not Terumah whether they are usufruct slaves or guaranteed property slaves.",
"[If] the daughter of an Israelite [was married] to a priest who died leaving her pregnant, her slaves may not eat Terumah because of the portion of the unborn child, since the unborn child disqualifies but does not confer the right to eat [Terumah], these are the words of Rabbi Yose. They [the Sages] said to him: Even as you affirm this in respect to the daughter of an Israelite [married] to a priest, so too [if] the daughter of a priest [was married] to a priest who died leaving her pregnant, her slaves may not eat Terumah because of the portion of the unborn child. ",
"An unborn child, and a Yavam [the one upon whom has fallen the obligation to perform Levirate marriage], and betrothal, and a deaf mute, and a boy nine years and one day old disqualify [the daughter of a priest from eating Terumah] but do not confer the right to eat. [If] it is uncertain whether he is nine years and one day or not, or it is uncertain whether he has grown two hairs [of puberty] or he has not grown [he disqualifies and does not confer the right to eat]. If a house collapses on an individual and his brother's daughter and it is unknown who died first, her rival performs Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] but she does not undergo Yibum [Levirate marriage wherein a man weds his childless brother's widow].",
"The rapist, and the seducer, and the shoteh do not disqualify and do not confer the right to eat. And if they are not eligible to enter [marry into the nation of] Israel they do disqualify. How so? [If] an Israelite had relations with the daughter of a priest, she may eat Terumah. [If] she became pregnant, she may not eat Terumah. If the unborn child was cut up inside her womb she may eat [Terumah]. [If] a priest had relations with the daughter of an Israelite she may not eat Terumah. [If] she became pregnant, she may not eat [Terumah]. [If] she gave birth she may eat [Terumah]. What emerges is that the power of the son is greater than that of the father. The slave disqualifies due to having relations, but does not disqualify due to children. How so? [If] the daughter of an Israelite [was married] to a priest, or [if] the daughter of a priest [was married] to an Israelite, and she bore him son, and that son went and had relations with a maidservant who bore him a son, then he is a slave. [If] his father's mother was the daughter of an Israelite [married] to a priest, she may not eat Terumah; but [if] she were the daughter of a priest [married] to an Israelite she may eat Terumah. A Mamzer [the offspring of a severely prohibited union between a Jewish man and woman] disqualifies and confers the right to eat. How so? [If] the daughter of an Israelite [was married] to a priest, or a priest's daughter [was married] to an Israelite, and she bore him a daughter, and the daughter went and married a slave or a gentile, and bore him a son, the son is a Mamzer. [If] his mother's mother was the daughter of an Israelite [married] to a priest, she may eat Terumah. [If] she was a priest's daughter [married] to an Israelite she may not eat Terumah. ",
"A High Priest may occasionally disqualify. How so? [If] a priest's daughter [was married] to an Israelite, and she bore him a daughter, and that daughter went and married a priest, and bore him a son - he [that son] is eligible to be a High Priest, to stand and minister on the altar; he confers the right to eat [Terumah] on his mother but disqualifies his mother's mother, who may well say: \"May there not be like my grandson the High Priest who disqualifies me from eating Terumah.\""
],
[],
[
"There are certain classes of women who, although lawfully married, are, nevertheless, prohibited to marry [in the event of the death of their husbands without issue] their brothers-in-law by yibum. Others may marry their brothers-in-law, although their marriage with their deceased husbands was illegitimate. Some, again, are permitted to both husband and brother-in-law; while others are prohibited to both. Lawfully married, and yet prohibited to their brother-in-law, are,—a widow married to an ordinary priest, whose brother is a high-priest; [also] when a desecrated priest, who has a brother properly qualified, marries a qualified priest's daughter; when an Israelite, who has a bastard brother, was married to an Israelite woman; when a bastard marries a bastardess, and he has a legitimate Israelite brother:—all these marriages are indeed legal, but the females may, nevertheless, in case of their husband's death, not marry their brothers-in-law by yibum.",
"The following women may be married to their brothers-in-law by yibum, although they had been illegitimately married to their husbands:—when a high-priest, whose brother is an ordinary priest, has betrothed a widow; when a priest, whose brother is a desecrated priest, had married a profane woman; when a legitimately born Israelite has a bastard brother, and marries a bastardess; or a bastard, whose brother is a legitimately born Israelite, married an Israelite woman:—all these may be married to their brothers-in-law by yibum, although they were [in the first instance] illegally married to their deceased husbands. Prohibited to both husband and brother-in-law are:—when a high-priest married a widow, and his brother also became high-priest, or even if only an ordinary priest; when a qualified priest, whose brother is also qualified, had married a profane woman; when a legitimately born Israelite, who has a legitimate brother, marries a bastardess:—all these [women] are prohibited to both husband and brother-in-law, but every other woman [legally married] may be married by yibum.",
"In respect to the secondary degrees prohibited by the scribes, the following is to he observed:—when a woman is related in the secondary degree to her husband, but not to her brother-in-law, she is indeed unlawfully married, but may [if a widow without issue] be married by yibum to her late husband's brother; if related in the secondary degree to her brother-in-law, but not to her husband, she cannot be married to her brother-in-law by yibum, although the marriage with her late husband was strictly legal; but if related in the secondary degree to both, she is prohibited to both: such a woman has no right to the portion secured to her by her marriage-contract, nor repayment for the usufructum goods she brought to her husband, nor has she a right to her maintenance, and to repayment for the wear and tear [deterioration] of the property of which her husband had the usufruct; her offspring however, are legitimate, but the husband must be compelled to divorce her. A widow married to a high-priest; or a divorced woman, or one who had performed the ceremony of Chalitzah, married to an ordinary priest; a bastardess, and a female Netin, married to an Israelite; and a legitimately-born Israelite woman married to a Netin, or to a bastard—have a right to their Ketubah [though illegally married.]",
"An Israelite woman who was betrothed to a priest, or is pregnant by one, or is waiting to be married by yibum to a priest; a priest's daughter also, who is similarly situated in respect to an Israelite, may not eat of the heave; an Israelite woman betrothed to, or pregnant by, a Levite, or waiting to be married to one by yibum; also a Levite's daughter similarly situated in respect to an Israelite, may not eat tithe. A Levite's daughter betrothed to, or pregnant by, a priest, or one who waits to be married to a priest by yibum; also a priest's daughter similarly situated in respect to a Levite, may neither eat of the heave-offering, nor of tithe.",
"An Israelite woman married to a priest, may eat of the heave, and also after his death if left with a son by him; if she then married a Levite she may eat tithe, and also, after his death, if left with a son by him. If she married subsequently an Israelite, she may no longer eat either heave or tithe, not even after the decease of her Israelite husband, in case she was left with a son by him; if after his death his son also died, she may eat tithe; when her son from the Levite dies, she may again eat heave, and when her son from the priest also dies, she may not eat either heave or tithes.",
"A priest's daughter married to an Israelite, may not eat heave, even after his death, if left with a son by him; if she married afterwards a Levite, she may eat tithe, also after his death, if left with a son by him: if she was then again married to a priest, she may eat heave; after the death of her son from the priest, she may no longer eat heave; after the death of her son from the Levite she may not eat tithe, and if her son: by the Israelite also dies, she returns to her father's house. And the text (Lev. xxii. 13) applies to her case, where it is said, \"She shall again return to her father's house as in her youth, and shall eat of her father's meat,\" "
],
[
"A woman whose husband went overseas, and they [a witness] came to her and said, \"Your husband died\", [whereupon] she re-married, following which her [first] husband arrived - she leaves this one and this one and requires a bill of divorce from this one and from this one. [Such a woman] has [receives] no Ketubah [a monetary settlement payable to a woman upon divorce or the death of her husband], nor [repayment for the] usufruct [she brought into the marriage], nor maintenance, nor [repayment for the] deterioration [of her usufruct] from either this [husband] or this [husband]. If she took from this one or from this one return she returns [the money]. And a child [born] from this one or from this one is a Mamzer [the offspring of a severely prohibited union between a Jewish man and woman]. And neither this [husband if he's a priest] or this [husband if he's a priest] may become impure on her account [that is, they may not bury her if she dies]. And neither this one nor this one have rights to her findings or to her handiwork [earnings], and neither [have the power] to annul her vows. [If the woman was] the daughter of an Israelite she is disqualified [from getting married] to a priest; [if the woman was] the daughter of a Levite [she may not eat] Ma'aser [Ma'aser Rishon is the first tithe of produce which must be given to the Levite]; [if the woman was] the daughter of a priest [she may not eat] Terumah [a portion of a crop given to a priest which becomes holy upon separation and may only be consumed by priests and their households]. And neither the heirs of this one nor the heirs of this one inherit her Ketubah. And if they [the two husbands] die the brother of this one and the brother of this one undergo Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] but neither perform Yibum [Levirate marriage wherein a man weds his childless brother's widow]. Rabbi Yose says: Her Ketubah [is paid] from the estate of her first husband. Rabbi Elazar says: The first one has rights to her findings and to her handiwork [earnings], and [has the power] to annul her vows. Rabbi Shimon says: [If] the brother of the first [husband] has relations with her or undergoes Chalitzah from her that exempts her rival, and a child [born] from him [the first husband] is not a Mamzer. And if she married without permission [of the court] she is permitted to return to him [the first husband].",
"[If] a woman married based on the court's authorization [where a single witness testified], she leaves [both men] and is exempt from a sacrifice [for unlawful relations]. [If] she did not marry based on the court's authorization she leaves and is liable for a sacrifice. This is the strength of the court in that it exempts her from a sacrifice. [If] the court ruled that she may marry and she went and acted unlawfully, she is liable for a sacrifice since the court only allowed her to get married [lawfully]. ",
"[If] a woman had a husband and a son who went overseas, and they [a witness] came to her and said, \"Your husband died and then your son died\", [whereupon] she re-married, following which they said, \"The events were reversed\" - she leaves [her second husband] and the first and the last child are Mamzerim. [If] they said to her, \"Your son died and then your husband died,\" [whereupon] she underwent Yibum, following which they said, \"The events were reversed\" - she leaves [her second husband] and the first and the last child are Mamzerim. [If] they said to her, \"Your husband died\", [whereupon] she re-married, following which they said to her, \"He was alive [when you remarried] and [then] died, she leaves and the first child is a Mamzer but the last child is not a Mamzer. If they said to her, \"Your husband died\" and she became betrothed, and then her [first] husband arrived she is permitted to return to him. Even if the latter [husband] gave her a bill of divorce, he has not disqualified her from [subsequently marrying] a priest. This was how Rabbi Elazar ben Matya interpreted [the verse] (Vayikra 21:7), \"[A priest shall not marry] a woman divorced from her husband,\" - [but he may marry a woman divorced] from a man who was not her husband.",
"[If] a man had a wife who went overseas, and they [a witness] came to him and said, \"Your wife died\" [whereupon] he married her sister, and then his wife arrived, she may return to him. He is permitted [to marry] the relatives of the second one [wife], and the second one is permitted [to marry] his relatives. And if the first one died, he is permitted [to marry] the second one. [If] they [a witness] said to him \"Your wife died\" [whereupon] he married her sister, and then they said \"She was alive [when you remarried] and [then] died,\" the first child is a Mamzer but the last child is not a Mamzer. Rabbi Yose says: Whoever disqualifies [a woman] for other people disqualifies for himself [as well], and whoever does not disqualify for other people does not disqualify for himself [either]. ",
"[If] they [a witness] said to him, \"Your wife died\" [whereupon] he married her paternal sister. She [the second wife] died [whereupon] he married her [the second wife's] maternal sister. She [the third wife] died [whereupon] he married her [the third wife's] paternal sister. She [the fourth wife] died [whereupon] he married her [the fourth wife's] maternal sister. [If] they were all found alive he is permitted [to marry] the first, third and fifth women and they exempt their rivals [from Yibum should the man die], and he is forbidden [to marry] the second and fourth women, and relations [of the Yavam with] either one does not exempt her rival. And if he had relations with the second one after the death of the first one, he is permitted [to marry] the second and fourth women, and they exempt their rivals; but he is forbidden [to marry] the third and the fifth women and relations [of the Yavam with] either one does not exempt her rival.",
"A boy from the age of nine years and one day disqualifies [his Yevama for Yibum] with his brothers, and his brothers disqualify her for him. But while he disqualifies her from the outset only, the brothers disqualify her from the outset and at the end. How so? [If] a boy the age of nine years and one day had relations with his Yevama [a woman whose husband died childless and whose brother-in-law must marry or dismiss her] he disqualifies [her] for his brothers. [If] [one of] the brothers had relations with her, or performed Ma’amar [semi-betrothal of a Yevama widow through money or a document] for her, or gave her a bill of divorce or underwent Chalitzah from her, they have disqualified [her] for him. ",
"[If] a boy the age of nine years and one day had relations with his Yevama after which his brother who was the age of nine years and one day had relations with her, [the latter] disqualifies [her] for him [the former]. Rabbi Shimon says: He does not disqualify [her]. ",
"[If] a boy the age of nine years and one day had relations with his Yevama after which he had relations with her rival, he has disqualified [both women] from himself. Rabbi Shimon says: He does not disqualify [them]. [If] a boy the age of nine years and one day had relations with his Yevama after which he died, she performs Chalitzah but does not undergo Yibum. [If such a lad] married a woman and he died she is exempt [from Chalitzah and Yibum]. ",
"[If] a boy the age of nine years and one day had relations with his Yevama and when he attained majority married a different woman and [then] dies, if he had not had relations with his Yevama after attaining majority the first one [the original Yevama] performs Chalitzah but does not undergo Yibum, while the second woman performs Chalitzah or undergoes Yibum. Rabbi Shimon says: He [a surviving Yavam] performs Yibum for whichever woman he wants, and undergoes Chalitzah from the other one. This is so whether he is nine years and one day or twenty years but has not grown two hairs [of puberty]. "
],
[
"A man may lawfully marry the near relatives of a woman whom he has violated or seduced, but he who has either violated or seduced the near relatives of his wife, has become guilty of incest. A man may marry a woman who had been violated or seduced by his father, or one who had been thus treated by his son. Rabbi Yehudah prohibits a son to marry a woman who had been violated or seduced by his father.",
"When the sons of a female proselyte have adopted the Jewish faith at the same time with their mother [and one of them dies without issue], his brother is not bound to yibum, nor to receive Chalitzah [from the widow of his deceased brother]. Even when the first was conceived before she participated in the holiness [of the Jewish community], but was born under the Holy covenant, and that the other brother was both conceived and born under the Holy covenant. The same regulation applies to a bondwoman whose children were manumitted along with her.",
"When the sons of five women have become intermixed with each other [and each woman has another son, of whose identity she is certain], when these mixed sons have grown up, married, and died [without issue], then four of the surviving brothers shall cause the widow of one to perform Chalitzah to them, and the fifth brother may marry the widow; then shall he and three other brothers receive Chalitzah from another widow, whom another brother may marry by yibum[and in the same manner with the remainder], so that each of these widows must perform the ceremony of Chalitzah four times, and can then be married by Yeboom.",
"When the son of a woman has become interchanged with that of her daughter-in-law [and each of them has another son, or sons, besides], which sons grew up, married, and died [without issue], then the other sons of the widowed daughter-in-law shall receive Chalitzah [from one widow] but may not marry her by Yeboom, because it is doubtful whether she was his brother's wife or that of his father's brother; but the sons of the grandmother may either marry her by yibum, or receive Chalitzah, because the doubt in this case is only whether she was wife of his brother, or of his brother's son; but if the sons whose descent is undoubted die, then those of doubtful descent who were interchanged, must have the ceremony of Chalitzah performed to them by the widow of the grandmother's son, but may not marry her by Yeboom, because it is doubtful whether she is the brother's wife or that of his father's brother, the widowed daughter-in-law need only perform the ceremony of Chalitzah to one of those who were interchanged, and may then marry the other by yibum.",
"When the son of a woman married to a priest, was interchanged with that of her bondwoman, both [sons] may eat of the heave, but when both happen to present themselves at the same time at the threshing-floor, they shall receive but one share of the heave; they may not defile themselves with a dead body, and may not marry women who are either qualified or disqualified to be married to a priest. But when they have attained their majority, and have mutually manumitted each other, they may marry the women only who are qualified to be married to the priesthood, and may not defile themselves with a dead body; but if they did so, the forty stripes are not to be inflicted on them. They may not eat heave, but if they did eat it, they need not pay back the principal [of the value they had eaten], and an additional fifth, nor has either of them a share [in the division of heave among the priests] at the threshing-floor, but they are allowed to sell their own heave, and keep the money themselves. They have no share of the consecrated things of the Temple; consecrated things are not given to them, nor are these consecrated things exacted from them. They are, moreover, not bound to give the shoulder, the two cheeks, and maw of their own offering to the priests. Their first-born cattle must be left to pasture, till they contract a legal blemish, and with respect to their sacrifices, the most stringent regulations in force in respect to that of priest and Israelites, are to be applied to them.",
"If a woman who did not wait three months [to re-marry] since the death of her husband [or since her divorce], should marry within that time, and has a son born unto her of whom it is doubtful whether he was a nine months’ child by the first husband, or a seven months’ child by the second; if she had other sons by the first and second husbands, then these sons must, in case of the decease [without issue] of their brother, to whose birth doubt attached, receive Chalitzah from his widow, but may not marry her by yibum; and he also may only receive Chalitzah from any of his brother's widows, but may not marry them by Yeboom; but if he had half-brothers, either of her first or second husband, who are not sons of his mother, he may in that case either receive Chalitzah of his brother's widow, or may marry her by yibum. In respect to his brothers, one of them must [in case of his death without issue] receive Chalitzah from his widow, and then may another brother marry her by yibum.",
"If one [of the two husbands of the said woman] is an Israelite, and the other a priest, the son may only marry a woman qualified to be married to the priesthood. He may not defile himself with a dead body; but if he did so, the punishment of forty stripes is not to be inflicted on him; neither may he eat of the heave; but if he did so, he is not bound to pay the value of the principal and an additional fifth part. He also shall not receive a share of the priestly oblation at the threshing-floor; he may sell his own heave, and keep the money for himself. He has no share in the consecrated things of the Temple, nor shall consecrated things be given to him; yet, those belonging to himself cannot be claimed, or exacted from him [by the priests]. He is also free from the payment of the two cheeks, the shoulder, and maw of his own sacrifice [to the priests]; and his firstborn cattle must be left to pasture till it contracts a legal blemish, and the most stringent regulations [regarding sacrifices] of priests and Israelites, are to be applied in respect to his sacrifices. If both [the husbands of his mother] were priests, he is bound [in case of death] to mourn for them, and they for him; he may not defile himself with their dead bodies, nor may they defile themselves with his; he is no heir to them, but they inherit his property. The punishment attached to the crime of striking, or cursing a father, cannot be inflicted on him. He may serve in the priests' division of service at the Temple, of one and of the other, but he does not participate in the share of either, but if both belonged to one division [משמרה], he is entitled to one share."
],
[],
[
"Beit Shammai say: Only betrothed girls may refuse [exercise the right of refusal when married off by their mothers and brothers]; but Beit Hillel say: [Both] betrothed and married girls [may refuse]. Beit Shammai say: [Refusal only applies] with a husband and not with a Yavam [one upon whom has fallen the obligation to perform Levirate marriage]; but Beit Hillel say: [Refusal applies both] with a husband and with a Yavam. Beit Shammai say: [Refusal takes effect when done] in his presence; but Beit Hillel say: [Refusal takes effect when done either] in his presence or in his absence. Beit Shammai say: [Refusal must be stated] in a court; but Beit Hillel say: [Refusal can be stated either] in a court or outside a court. Beit Hillel said to Beit Shammai: A girl may refuse [exercise refusal] as a minor even four or five times. Beit Shammai said to them: The daughters of Israel are not to be treated as chattel, rather she may refuse and then wait to attain majority, or refuse and be married.",
"Who is the minor who is required to refuse? Any girl whose mother and brother married her off with her knowledge. [If] they married her off without her knowledge she does not require refusal. Rabbi Chanina ben Antignos says: Any child who is incapable of looking after her betrothal [money] does not require refusal. Rabbi Eliezer says: The act of a minor is meaningless and [such a girl is considered] as one who has been seduced. [If] the daughter of an Israelite [is married] to a priest, she may not eat Terumah [a portion of a crop given to a priest which becomes holy upon separation and may only be consumed by priests and their households]; [if] the daughter of a priest [is married to] an Israelite she may eat Terumah.",
"Rabbi Eliezer ben Yaakov says: [If] an impediment is due to the man it is as if she is his wife; [if] an impediment is not due to the man it is as if she is not his wife. ",
"[If] a girl refuses a man he is permitted [to marry] her relatives and she [is permitted] to marry his relatives, and she is not disqualified from [marrying] into the priesthood. [If] he gave her a bill of divorce he is forbidden [from marrying] her relatives and she is forbidden [from marrying] his relatives and she is disqualified [from marrying] into the priesthood. [If] he gave her a bill of divorce and [subsequently] took her back, and she refused him and married somebody else, and [then] was widowed or divorced [from the second man] she is permitted to return to him. [If] she refused him and he took her back and then he gave her a bill of divorce and she married somebody else, and [then] was widowed or divorced [from the second man], she is forbidden to return to him. This is the principle: [If there is] a bill of divorce after refusal - she is forbidden to return to him; [if there is] refusal after a bill of divorce - she is permitted to return to him. ",
"[If] a woman refused a man and married somebody else who divorced her, then [got married] to another man and refused him, then [got married] to another man who divorced her, then [got married] to another man and refused him, [the law is] she is forbidden to return to any man from whom she left through a bill of divorce, but is permitted to return [to any man whom she she left] through refusal. ",
"[If] a man divorced his wife and took her back [and then died], she is permitted to the Yavam, but Rabbi Eliezer forbids [him from marrying her]. And similarly, [if] one divorced an orphan and took her back she is permitted to the Yavam, but Rabbi Eliezer forbids [him from marrying her]. [If] a minor was married off by her father and she [was subsequently] divorced, she is considered an orphan during the father's lifetime [that is, the father has lost his authority over her]. [If] he took her back all [opinions] agree that she is forbidden to the Yavam. ",
"[If] two brothers are married to two sisters who are minors and orphans, and the husband of one dies, [the widow] is released since she is [the Yavam's] wife's sister. [The law] is similar [in the case of] two deaf-mute women. [If two brothers are married to two sisters one of whom is] an adult and [one of whom] is a minor, [if] the husband of the minor dies, the minor is released since she is [the Yavam's] wife's sister; [if] the husband of the adult dies, Rabbi Eliezer says: We instruct the minor to refuse him [allowing her sister to undergo Yibum]. Rabban Gamliel says: If she refuses, she refuses [her refusal is valid and], and if not, she waits until she attains majority and then the other is released since she is [the Yavam's] wife's sister. Rabbi Yehoshua says: Woe to him because of his wife and woe to him because of his brother's wife - he removes his wife with a bill of divorce and his brother's wife with Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage]. ",
"[If] a man was married to two orphans who were minors and he died - [if] one of them has relations [with the Yavam] or performs Chalitzah she exempts her rival. [The law] is similar [in the case of] two deaf-mute women. [If a man is married to] a minor and a deaf mute [and dies] - [if] one of them has relations [with the Yavam] or performs Chalitzah she does not exempt her rival. [If a man is married to] a hearing woman and a deaf-mute woman [and dies] - [if] the hearing one has relations [with the Yavam] she exempts her rival, but [if] the deaf-mute has relations [with the Yavam] she does not exempt her rival. [If a man is married to] an adult and a minor [and dies] - [if] the adult has relations [with the Yavam] she exempts the minor, but [if] the minor has relations [with the Yavam] she does not exempt the adult. ",
"[If] a man was married to two orphans who were minors and he died - [if] the Yavam had relations with the first one and then had relations with the second one, or [if] his [other] brother had relations with the second one, he has not disqualified the first one. [The law] is similar [in the case of] two deaf-mute women. [If a man is married to] a minor and a deaf mute [and dies] - [if] the Yavam had relations with the minor and then had relations with the deaf-mute, or [if] his [other] brother had relations with the deaf-mute, he has not disqualified the minor. [If] the Yavam had relations with the deaf-mute and then had relations with the minor, or [if] his [other] brother had relations with the minor, he has disqualified the deaf-mute. ",
"[If a man is married to] a hearing woman and a deaf-mute woman [and dies] - [if] the Yavam had relations with the hearing woman and then had relations with the deaf-mute, or [if] his [other] brother had relations with the deaf-mute, he has not disqualified the hearing woman. [If] the Yavam had relations with the deaf-mute and then had relations with the hearing woman, or [if] his [other] brother had relations with the hearing woman, he has disqualified the deaf-mute. ",
"[If a man is married to] an adult and a minor [and dies] - [if] the Yavam had relations with the adult and then had relations with the minor, or [if] his [other] brother had relations with the minor, he has not disqualified the adult. [If] the Yavam had relations with the minor and then had relations with the adult, or [if] his [other] brother had relations with the adult, he has disqualified the minor. Rabbi Elazar says: We instruct the minor to refuse him. ",
"[If] a minor Yavam had relations with a minor Yevama [a woman whose husband died childless and whose brother-in-law must marry or dismiss her] they attain majority together. [If] he had relations with an adult Yevama she waits until he attains majority. [If] a Yevama said within thirty days [following Yibum], \"I have not had relations\" they compel him to undergo Chalitzah. [If she said so] after thirty days they ask him to undergo Chalitzah. Whenever he admits [that he has not had relations with her], even after twelve months, they compel him to undergo Chalitzah.",
"[If] a woman vowed during her husband's lifetime against [receiving any] benefit from her Yavam [and the husband dies] they compel him to undergo Chalitzah. [If she made such a vow] after her husband's death - they ask him to undergo Chalitzah. And if she intended this [to avoid Chalitzah and vowed] even during her husband's lifetime, they ask him to undergo Chalitzah."
],
[
"[If] a deaf-mute marries a hearing woman, or if a hearing man marries a deaf-mute - if he desires he can remove [divorce] her, if he desires he can maintain her. Just as he marries her using signals, so too he can remove her using signals. [If] a hearing man marries a hearing woman and she becomes deaf - if he desires he can remove her, if he desires he can maintain her. [If] she loses her mind - he may not remove her. If he becomes deaf or loses his mind - he may never remove her. Rabbi Yochanan ben Nuri said: Why can a woman who becomes deaf be removed, but a man who becomes deaf cannot remove [his wife]? They said to him: A man who divorces is not similar to a woman who is divorced, for the woman goes out with her consent or without her consent, but a man can only remove [his wife] with his consent. ",
"Rabbi Yochanan ben Gudgedah testified that [if] the father of a deaf mute woman married her off, she goes out with a bill of divorce. They said to him: So too is she [the hearing woman who went deaf] like her. ",
"[If] two deaf-mute brothers are married to two deaf-mute sisters, or to two hearing sisters, or to two sisters one of whom is a deaf-mute and the other of whom is hearing; or [if] two deaf-mute sisters are married to two hearing brothers, or to two deaf-mute brothers, or to two brothers one of whom is a deaf-mute and the other of whom is hearing - these women are exempt from Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] and from Yibum [Levirate marriage wherein a man weds his childless brother's widow]. And if they are unrelated they [the Yevamim] marry them - and if they want to remove them [afterwards], they remove them.",
"[If] two brothers one of whom is a deaf-mute and the other of whom is hearing are married to two hearing sisters, [and] the deaf-mute husband of [one of] the hearing women dies, what should the hearing husband of the [other] hearing woman do? She goes out since she is [the Yavam's] wife's sister. [If] the hearing husband of [one of] the hearing women dies, what should the deaf-mute husband of the [other] hearing woman do? He removes his wife with a bill of divorce and his brother's wife is forbidden [to him] forever. ",
"[If] two hearing brothers were married to two sisters one of whom is a deaf-mute and the other of whom is hearing, [and] the hearing husband of the deaf-mute [woman] dies what should the hearing husband of the hearing woman do? She goes out since she is [the Yavam's] wife's sister. [If] the hearing husband of the hearing [woman] dies what should the hearing husband of the deaf-mute woman do? He removes his wife with a bill of divorce and his brother's wife with Chalitzah. ",
"[If] two brothers one of whom is a deaf-mute and one of whom is hearing were married to two sisters one of whom is a deaf-mute and the other of whom is hearing, [and] the deaf-mute husband of the deaf-mute woman dies what should the hearing husband of the hearing woman do? She goes out since she is [the Yavam's] wife's sister. [If] the hearing husband of the hearing [woman] dies what should the deaf-mute husband of the deaf-mute woman do? He removes his wife with a bill of divorce and his brother's wife is forbidden [to him] forever. ",
"[If] two brothers one of whom is a deaf-mute and one of whom is hearing were married to two unrelated hearing women, [and] the deaf-mute husband of the hearing woman dies what should the hearing husband of the hearing woman do? He either undergoes Chalitzah or performs Yibum. [If] the hearing husband of the hearing [woman] dies what should the deaf-mute husband of the hearing woman do? He marries her and may never remove her. ",
"[If] two hearing brothers were married to two unrelated women one of whom is a deaf-mute and the other of whom is hearing, [and] the hearing husband of the deaf-mute woman dies what should the hearing husband of the hearing woman do? He marries her and if wants to remove her, he removes her. [If] the hearing husband of the hearing [woman] dies what should the hearing husband of the deaf-mute woman do? He either undergoes Chalitzah or performs Yibum. ",
"[If] two brothers one of whom is a deaf-mute and one of whom is hearing were married to two unrelated women one of whom is a deaf-mute and one of whom is hearing, [and] the deaf-mute husband of the hearing woman dies what should the hearing husband of the hearing woman do? He marries her and if wants to remove her, he removes her. [If] the hearing husband of the hearing [woman] dies what should the deaf-mute husband of the deaf-mute woman do? He marries her and may never remove her."
],
[
"[If] a woman and her husband went overseas and there was peace between them and peace in the world, and she came and said, \"My husband died\", she may marry. [If she said], \"My husband died\" she may undergo Yibum [Levirate marriage wherein a man weds his childless brother's widow]. [If] there was peace between them and war in the world, [or] strife between them and peace in the world, and she came and said, \"My husband died\", she is not trusted. Rabbi Yehudah says: She is only trusted if she comes crying and in torn clothes. They [the Sages] said to him: She may marry in either case. ",
"Beit Hillel say: We have heard that this [that she may re-marry upon reporting her husband's death] only applies if she comes from the harvest, and within the same country, and like a case that happened. Beit Shammai said to them: [She may re-marry] whether she comes from the harvest or from the olive [harvest] or from the grape [harvest], or whether she comes from a different country - the Sages only spoke of the harvest since that was what happened. And Beit Hillel retracted to teach according to Beit Shammai. ",
"Beit Shammai say: [The woman who reports her husband's death] may marry and collect her Ketubah [a monetary settlement payable to a woman upon divorce or the death of her husband]. Beit Hillel say: She may marry but does not collect her Ketubah. Beit Shammai said to them: You allow the stringent Ervah [forbidden union], will you not allow the lenient monetary issue? Beit Hillel said to them: We find that brothers do not inherit based on her word. Beit Shammai said to them: Alas, we learn from the text of the Ketubah that he writes for her, \"That if you marry somebody else you may collect what is written for you\". And Beit Hillel retracted to teach according to Beit Shammai. ",
"All people are trusted to testify to her except for her mother-in-law, and her mother-in-law's daughter, and her rival, and her Yevama [her brother-in-law's wife], and her husband's daughter. Why is [reporting] a bill of divorce different than [reporting] a death? Because the writing [in the bill of divorce] proves [the divorce]. [If a single] witness states, \"He died\", and she married, and a different [witness] came and said, \"He did not die\", she does not go out. [If a single] witness states, \"He died\", and two [other witnesses] state, \"He did not die\", even if she has married - she goes out. [If] two witnesses state, \"He died\", and a [single] witness states \"He did not die\", even though she has not married, she may marry.",
"[If] one [of a man's two wives] states, \"He died,\" and one states, \"He did not die\", the one who states \"He died\" may marry and collect her Ketubah, and the one who states \"He did not die\" may not marry or collect her Ketubah. [If] one [of a man's two wives] states, \"He died,\" and one states, \"He was killed\", Rabbi Meir says: Since they contradict each other they may not marry. Rabbi Yehudah and Rabbi Shimon say: Since they both agree he is no longer alive, they may marry. [If one] witness states, \"He died\" and [one] witness states, \"He did not die\"; or [if one] woman states \"He died\" and [one] woman states, \"He did not die\", she may not marry.",
"[If] a woman and her husband went overseas and she came and said, \"My husband died\", she may marry and collect her Ketubah, but her rival [from the original husband] is forbidden [to marry]. If she [the rival] was the daughter of an Israelite [married] to a priest she may eat Terumah [a portion of a crop given to a priest which becomes holy upon separation and may only be consumed by priests and their households], these are the words of Rabbi Tarfon. Rabbi Akiva says: This is not the way to prevent her from sin, rather she is forbidden to marry and forbidden to eat Terumah. ",
"[If] a woman said, \"My husband died and then my father-in-law died\", she may marry and collect her Ketubah, but her mother-in-law is forbidden [to marry]. If she [the mother-in-law] was the daughter of an Israelite [married] to a priest she may eat Terumah, these are the words of Rabbi Tarfon. Rabbi Akiva says: This is not the way to prevent her from sin, rather she is forbidden to marry and forbidden to eat Terumah. [If] an individual betrothed one of five women but does not know which [of them] he betrothed, [and] each one says, \"He betrothed me\" - he gives a bill of divorce to each one, and places [the value of] a Ketubah among them and bolts, these are the words of Rabbi Tarfon. Rabbi Akiva says: This is not the way to prevent him from sin, rather he must give a bill of divorce and a Ketubah to each one. [If] an individual stole from one of five people but does not know from which [of them] he stole, [and] each one says, \"He robbed me\" - he places the stolen object among them and bolts, these are the words of Rabbi Tarfon. Rabbi Akiva says: This is not the way to prevent him from sin, rather he must pay [the value of] the stolen object to each one. ",
"[If] a woman and her husband went overseas and her son was with them, and she came and said, \"My husband died and then my son died\", she is trusted. [If she said], \"My son died and then my husband died\", she is not trusted. But we are worried about her claim and she performs Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] but does not undergo Yibum [Levirate marriage wherein a man weds his childless brother's widow].",
"[If] a woman [states], \"I was given a son [that is, she bore a son] overseas\", and then states \"My son died and then later my husband died\", she is trusted; [but if she states], \"My husband died and then later my son died\", she is not trusted. But we are worried about her claim and she performs Chalitzah but does not undergo Yibum. ",
"[If] a woman [states], \"I was given a Yavam [one upon whom has fallen the obligation to perform Levirate marriage] overseas\" [that is, her mother-in-law had a son there], and then states, \"My husband died and then later my Yavam died\", [or] \"My Yavam died and then later my husband died,\" she is trusted. [If] she and her husband and her Yavam went overseas, [and] she states, \"My husband died and then later my Yavam died\", [or] \"My Yavam died and then later my husband died,\" she is not trusted, since a woman is not trusted to state \"My Yavam died\" [which would allow her] to marry, and [she is] not [trusted to state] \"My sister died\" [which would allow her] to enter [her sister's husband's] house. And a man is not trusted to state, \"My brother died\" [which would allow] him to perform Yibum for his wife, and [he is] not [trusted to state] \"My wife died\" [which would allow] him to marry her sister. "
],
[
"[If] a woman's husband and her rival went overseas and they [witnesses] came and told her, \"Your husband died\", she may not marry, and may not undergo Yibum [Levirate marriage wherein a man weds his childless brother's widow] until she knows whether her rival is pregnant. If she has a mother-in-law she need not worry [that the mother-in-law has had a son]. [If] she [the mother-in-law] left pregnant, she need worry [that she has a Yavam]. Rabbi Yehoshua says: She need not worry. ",
"[If] two Yevamot [a Yevama is a woman whose husband died childless and whose brother-in-law must marry or dismiss her, who are married to brothers come from overseas and] this one says, \"My husband died\" and this one says, \"My husband died\", this one is forbidden [to re-marry] because of the other one's husband, and this one is forbidden [to re-marry] because of the other one's husband. [If] this one has witnesses [that her husband died] and the other one has no witnesses [that her husband died], the one who has witnesses is forbidden [to re-marry], and the one who has no witnesses is permitted [to re-marry]. [If] this one has children and the other one has no children, the one who has children is permitted [to re-marry], and the one who has no children is forbidden [to re-marry]. [If] they undergo Yibum and the Yevamim [a Yavam is one upon whom has fallen the obligation to perform Levirate marriage] die they are forbidden to marry. Rabbi Elazar says: Since they were permitted to the Yevamim they are [later] permitted to any man. ",
"One may only testify [that somebody has died on the basis] of the face including the nose, even if there are [identifying] signs on his body and his clothes. One may only testify [that somebody has died] once his soul has departed, even if they see him dismembered, or crucified, or an animal eating him. One may only testify within three days [of death when he is still recognizable]. Rabbi Yehudah ben Bava says: Not all people, nor all places, nor all times are equal [that is, people decompose differently under different circumstances].",
"[If] a man fell into the water his wife is forbidden [to re-marry] whether or not the [body of] water has a [visible] end. Rabbi Meir said: It once happened that a person fell into a large pit and he emerged after three days. Rabbi Yose said: It once happened that a blind man went down to immerse in a cave and his escort went down after him, and they remained long enough for their souls to depart, and their wives were permitted to marry. And another incident happened in Asya with an individual who was lowered to the sea and only his leg came up. The Sages said: [If they retrieved a leg which was severed] from the knee and above [his wife] may marry, [if the leg was] from the knee and below she may not marry.",
"Even if one hears women saying, \"So-and-so died\", that is sufficient [as testimony]. Rabbi Yehudah says: Even if one hears children saying, \"We are going to eulogize and bury So-and-so\", that is sufficient [for him to then testify]. [This is so] whether he intends [to testify] or does not intend [to testify]. Rabbi Yehudah ben Bava says: [If] a Jew [repeats what he overheard] he must intend [to testify to permit his wife to marry]; [if] a gentile [repeats what he overheard] his testimony is no testimony if he intended to testify.",
"One may testify [even if he only saw the corpse] by the light of a candle or by the light of the moon. And we permit a woman to marry [even if the report of her husband's death] is based on a heavenly voice. It once happened that an individual stood on a mountain peak and said, \"So-and-so the son of so-and-so from such-and-such a place died\". They went but could find nobody there and they allowed his wife to marry. And another incident happened in Tzalmon with an individual who said, \"I, So-and-so the son of so-and-so was bitten by a snake and I am dying\". And they went [and found him] but they could not recognize him, and they allowed his wife to marry. ",
"Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I found Nechemiah of Beit Delhi who said to me, \"I heard that in the Land of Israel only Rabbi Yehudah ben Bava allows a woman to marry based on a single witness.\" And I said to him, \"That is so\". He said to me, \"Tell them in my name: You know that the country is rife with soldiers; I have a tradition from Rabban Gamliel the Elder that we allow a woman to marry based on a single witness. And when I went and reported this before Rabban Gamliel he exulted in my words and said, 'We have found a colleague for Rabbi Yehudah ben Bava.' Through the conversation Rabban Gamliel recalled that people were killed at Tel Arza and Rabban Gamliel allowed their wives to marry based on a single witness, and they established a rule to allow women to marry based on a single witness, and they established a rule to allow women to marry based on [what] a witness [heard] from a witness, and based on [the testimony of] a slave, [or] based on [the testimony of] a woman, [or] based on [the testimony of] a maidservant. Rabbi Eliezer and Rabbi Yehoshua say: We do not allow a woman to marry based on [the testimony] of a single witness. Rabbi Akiva says: [We do] not [allow a woman to marry] based on [the testimony] of a woman, and not based on [the testimony] of a slave, and not based on [the testimony] of a maidservant, and not based on [the testimony] of relatives. They [the Sages] said to him: It once happened that some Levites went to Tzo'ar, the city of palm trees, and one of them fell ill on the journey, and he was brought to an inn [and left there]. And on their return they said to the woman innkeeper, \"Where is our friend?\" She said to them, \"He died and I buried him\", and they allowed his wife to marry. They said to him [Rabbi Akiva]: And shall the daughter of a priest not be as [trusted] as the woman innkeeper? He said to them: When the woman innkeeper is trusted [in this case that is because] the woman innkeeper brought out to them his staff, and his bag, and his Torah scroll that he had had with him. "
]
],
"sectionNames": [
"Chapter",
"Mishnah"
]
}