יבמות י׳Yevamot 10

Mishnah 1א׳

הָאִשָּׁה שֶׁהָלַךְ בַּעְלָהּ לִמְדִינַת הַיָּם, וּבָאוּ וְאָמְרוּ לָהּ, מֵת בַּעְלֵךְ, וְנִסֵּת, וְאַחַר כָּךְ בָּא בַעְלָהּ, תֵּצֵא מִזֶּה וּמִזֶּה, וּצְרִיכָה גֵט מִזֶּה וּמִזֶּה. וְאֵין לָהּ כְּתֻבָּה וְלֹא פֵרוֹת וְלֹא מְזוֹנוֹת וְלֹא בְלָאוֹת, לֹא עַל זֶה וְלֹא עַל זֶה. אִם נָטְלָה מִזֶּה וּמִזֶּה, תַּחֲזִיר. וְהַוָּלָד מַמְזֵר מִזֶּה וּמִזֶּה. וְלֹא זֶה וָזֶה מִטַּמְּאִין לָהּ, וְלֹא זֶה וָזֶה זַכָּאִין לֹא בִמְצִיאָתָהּ וְלֹא בְמַעֲשֵׂה יָדֶיהָ, וְלֹא בַהֲפָרַת נְדָרֶיהָ. הָיְתָה בַת יִשְׂרָאֵל, נִפְסְלָה מִן הַכְּהֻנָּה, וּבַת לֵוִי מִן הַמַּעֲשֵׂר, וּבַת כֹּהֵן מִן הַתְּרוּמָה. וְאֵין יוֹרְשִׁים שֶׁל זֶה וְיוֹרְשִׁים שֶׁל זֶה יוֹרְשִׁים אֶת כְּתֻבָּתָהּ. וְאִם מֵתוּ, אָחִיו שֶׁל זֶה וְאָחִיו שֶׁל זֶה חוֹלְצִין וְלֹא מְיַבְּמִין. רַבִּי יוֹסֵי אוֹמֵר, כְּתֻבָּתָהּ עַל נִכְסֵי בַעְלָהּ הָרִאשׁוֹן. רַבִּי אֶלְעָזָר אוֹמֵר, הָרִאשׁוֹן זַכַּאי בִּמְצִיאָתָהּ וּבְמַעֲשֵׂה יָדֶיהָ, וּבַהֲפָרַת נְדָרֶיהָ. וְרַבִּי שִׁמְעוֹן אוֹמֵר, בִּיאָתָהּ אוֹ חֲלִיצָתָהּ מֵאָחִיו שֶׁל רִאשׁוֹן פּוֹטֶרֶת צָרָתָהּ, וְאֵין הַוָּלָד מִמֶּנּוּ מַמְזֵר. וְאִם נִסֵּת שֶׁלֹּא בִרְשׁוּת, מֻתֶּרֶת לַחֲזֹר לוֹ:

If a woman's husband went abroad, and they came and said to her [i.e., if one witness said to her]: Your husband died, and she remarried [on the testimony of one witness], and then her husband returned, she leaves the one and the other [as per the halachah of a married woman who committed adultery, who is forbidden to both her husband and to the adulterer, not having been forced. And though the rabbis accepted one witness to prevent agunah (perpetual inability to remarry), that is because a woman is expected to thoroughly search out the matter before she remarries, and because she did not do so in this instance, she is penalized. But if she remarried on the testimony of two witnesses who said: Your husband died, it is stated at the end: "If she remarried without a ruling of beth-din (i.e., if the permission of beth-din were not required, two witnesses having testified), she is permitted to return to her first husband," being considered "forced," for what was she to have done? But in the gemara it is shown that this is not the halachah, that it makes no difference whether she remarried by the ruling of beth-din on the testimony of one witness, or on the testimony of two witnesses — if her first husband returns, she leaves both, and all of the other provisions apply to her], and she requires a get from the one and from the other. [The reason she requires a get from the second is that when the second is seen alive, people think that she received a get from the first, on the basis of which she married the second, so that she is his bona fide wife; and if he sends her away without a get, it is found (i.e., the impression is given) that a married woman is sent away without a get.] And she has neither kethubah, nor fruit, nor sustenance, nor belaoth, [which were lost; but she does not forfeit those which remain] — neither from the one nor from the other. If she had taken from the one or from the other, she must return it, and the child is a mamzer from the one or from the other [If she had a child by the second, it is a confirmed mamzer, and if the first took her back and she had a child, it is a mamzer by rabbinic ordinance.], neither of them (if they were Cohanim) may become unclean to her (if she died), neither acquires the lost objects that she finds [For why did the rabbis ordain that a husband acquires such objects? To prevent his hating her. But here, let him hate her by all means!], nor the work of her hands [For why did the rabbis ordain that a husband acquires this? Because he feeds her. But in this instance, since her sustenance is not incumbent upon him, he does not acquire the work of her hands.], nor (the power) to absolve her vows. [For why does a husband have such power? So that she not become demeaning to him. But here, let her become demeaning by all means!] If she were the daughter of an Israelite, she becomes unfit for (eating) terumah, [having the status of a "zonah"], and if she were the daughter of a Levite (she becomes unfit for eating) ma'aser [This is a (rabbinic) penalty, for (by Torah ordinance), the daughter of a Levite who became a zonah does not become unfit for eating ma'aser], and the daughter of a Cohein (becomes unfit for eating) terumah [even that which is terumah by rabbinic ordinance], and the heirs of both do not inherit her kethubah [a kethubath b'nin dichrin (see Kethuboth 4:10)]. And if they died, the brothers of the one and the brothers of the other give chalitzah and do not take her in yibum. [The brothers of the first give chalitzah by Torah ordinance, and the rabbis decreed that yibum not be performed; and the brothers of the second give chalitzah by rabbinic ordinance, just as she requires a get from the second by rabbinic ordinance.] R. Yossi says: Her kethubah is attached to the property of her first husband. R. Elazar says: Her first husband has rights in what she finds, the work of her hands, and the absolution of her vows. R. Shimon says: Cohabitation with or chalitzah from the brothers of the first exempt her tzarah. [He disagrees with what precedes, viz.: "They give chalitzah and do not take her in yibum], and the child is not a mamzer [if her first husband took her back. And the halachah is in accordance with neither R. Yossi, nor R. Elazar, nor R. Shimon.] And if she married without the permission [of beth-din, as when two witnesses said to her: Your husband died, in which instance the permission of beth-din is not required], she is permitted to return to him.

Mishnah 2ב׳

נִסֵּת עַל פִּי בֵית דִּין, תֵּצֵא, וּפְטוּרָה מִן הַקָּרְבָּן. לֹא נִסֵּת עַל פִּי בֵית דִּין, תֵּצֵא, וְחַיֶּבֶת בַּקָּרְבָּן. יָפֶה כֹּחַ בֵּית דִּין, שֶׁפּוֹטְרָהּ מִן הַקָּרְבָּן. הוֹרוּהָ בֵית דִּין לִנָּשֵׂא, וְהָלְכָה וְקִלְקְלָה, חַיֶּבֶת בַּקָּרְבָּן, שֶׁלֹּא הִתִּירוּהָ אֶלָּא לִנָּשֵׂא:

If she remarried by ruling of beth-din, she leaves him and she is exempt from an offering. [For if an individual (as opposed to a congregation) acts by ruling of beth-din, he is exempt from an offering (if the ruling is subsequently found to be erroneous.)] If she did not remarry by ruling of beth-din [but on the testimony of two witnesses], she must leave and bring an offering, [for she sinned unwittingly. The halachah is not in accordance with this Mishnah, but whether she remarried by ruling of beth-din or on the testimony of two witnesses, she and her second husband must bring an offering.] Superior is the power of beth-din, which exempts her from an offering. If beth-din ruled that she could remarry, and she went and cohabited sinfully, she must bring an offering; for they permitted her only to remarry.

Mishnah 3ג׳

הָאִשָּׁה שֶׁהָלַךְ בַּעֲלָהּ וּבְנָהּ לִמְדִינַת הַיָּם, וּבָאוּ וְאָמְרוּ לָהּ, מֵת בַּעְלֵךְ וְאַחַר כָּךְ מֵת בְּנֵךְ, וְנִשֵּׂאת, וְאַחַר כָּךְ אָמְרוּ לָהּ, חִלּוּף הָיוּ הַדְּבָרִים, תֵּצֵא, וְהַוָּלָד רִאשׁוֹן וְאַחֲרוֹן מַמְזֵר. אָמְרוּ לָהּ, מֵת בְּנֵךְ וְאַחַר כָּךְ מֵת בַּעְלֵךְ, וְנִתְיַבְּמָה, וְאַחַר כָּךְ אָמְרוּ לָהּ, חִלּוּף הָיוּ הַדְּבָרִים, תֵּצֵא, וְהַוָּלָד רִאשׁוֹן וְאַחֲרוֹן מַמְזֵר. אָמְרוּ לָהּ, מֵת בַּעְלֵךְ, וְנִסֵּת, וְאַחַר כָּךְ אָמְרוּ לָהּ, קַיָּם הָיָה וּמֵת, תֵּצֵא, וְהַוָּלָד רִאשׁוֹן מַמְזֵר, וְהָאַחֲרוֹן אֵינוֹ מַמְזֵר. אָמְרוּ לָהּ, מֵת בַּעְלֵךְ, וְנִתְקַדְּשָׁה, וְאַחַר כָּךְ בָּא בַעְלָהּ, מֻתֶּרֶת לַחֲזֹר לוֹ. אַף עַל פִּי שֶׁנָּתַן לָהּ אַחֲרוֹן גֵּט, לֹא פְסָלָהּ מִן הַכְּהֻנָּה. אֶת זוֹ דָרַשׁ רַבִּי אֶלְעָזָר בֶּן מַתְיָא, וְאִשָּׁה גְּרוּשָׁה מֵאִישָׁהּ (ויקרא כא), וְלֹא מֵאִישׁ שֶׁאֵינוֹ אִישָׁהּ:

If a woman's husband and son went abroad, and they came and said to her: Your husband died, and then your son died, [so that she was not subject to yibum], and she remarried [to a stranger]; and then they said to her: The opposite was the case, she leaves him; and the child, both the former [i.e., before she heard otherwise], and the latter [after she heard otherwise] is a mamzer. This is in accordance with R. Akiva, who says that the issue of a relationship interdicted by negative commandment is a mamzer. But this is not the halachah.] If they said to her: Your son died, and then your husband died, and she were taken in yibum; and then they said to her: The opposite was the case, she leaves, and the child, both the former and the latter, is a mamzer. If they said to her: Your husband died, and she remarried; and they said to her: He was alive (at the time she remarried), and then he died, she leaves him; and the child — the former is a mamzer, and the latter is not a mamzer. If they said to her: Your husband died, and she was betrothed; and then her husband returned, she is permitted to return to him. Even if the latter gave her a get, she is not rendered unfit for the priesthood. R. Elazar b. Matia expounded in this regard (Leviticus 21:7): "And a woman divorced from her husband" (may not marry a Cohein) — and not from one who is not her husband.

Mishnah 4ד׳

מִי שֶׁהָלְכָה אִשְׁתּוֹ לִמְדִינַת הַיָּם, וּבָאוּ וְאָמְרוּ לוֹ, מֵתָה אִשְׁתְּךָ, וְנָשָׂא אֶת אֲחוֹתָהּ, וְאַחַר כָּךְ בָּאת אִשְׁתּוֹ, מֻתֶּרֶת לַחֲזֹר לוֹ. הוּא מֻתָּר בִּקְרוֹבוֹת שְׁנִיָּה, וּשְׁנִיָּה מֻתֶּרֶת בִּקְרוֹבָיו. וְאִם מֵתָה רִאשׁוֹנָה, מֻתָּר בַּשְּׁנִיָּה. אָמְרוּ לוֹ, מֵתָה אִשְׁתְּךָ, וְנָשָׂא אֶת אֲחוֹתָהּ, וְאַחַר כָּךְ אָמְרוּ לוֹ, קַיֶּמֶת הָיְתָה, וּמֵתָה, הַוָּלָד רִאשׁוֹן מַמְזֵר, וְהָאַחֲרוֹן אֵינוֹ מַמְזֵר. רַבִּי יוֹסֵי אוֹמֵר, כָּל שֶׁפּוֹסֵל עַל יְדֵי אֲחֵרִים, פּוֹסֵל עַל יְדֵי עַצְמוֹ. וְכָל שֶׁאֵין פּוֹסֵל עַל יְדֵי אֲחֵרִים, אֵינוֹ פוֹסֵל עַל יְדֵי עַצְמוֹ:

If a man's wife went abroad, and they came and said to him: Your wife died, and he married her sister, and then his wife returned, she is permitted to return to him, [for the betrothal of the second is meaningless, and he lived with her in z'nuth. And it is stated in the gemara (Numbers 5:13): "And a man lie with her" — her lying (adulterously) forbids her (to her husband), and not her sister's.] He is permitted to the kin of the second [i.e., to marry her (sister's) daughter, it being ruled (11:1): "One may marry the kin of a woman he ravished or seduced], and the second is permitted to his kin; and if the first (i.e., his wife) died, he is permitted to the second. If they said to him: Your wife died, and he married her sister; and then they said to him: She was alive (when you married her sister) and then she died, the former child is a mamzer, and the latter is not. R. Yossi says: All who render unfit for others render unfit for themselves, and all who do not render unfit for others do not render unfit for themselves. [R. Yossi heard the first tanna saying: It makes no difference whether his wife and his brother-in-law went abroad or whether his betrothed and his brother-in-law went abroad — if they came and said to him: Your wife died and your brother-in-law died, and he married her sister, and then his wife and his brother-in-law returned, his brother-in-law's wife is forbidden to her husband, and his own wife is permitted to him. And R. Yossi said to him: In the instance of his betrothed and his brother-in-law, where it might be said that there was a condition in the betrothal, and that his marriage to her sister was a bona fide one (the condition not having been met), so that she (the second) requires a divorce from him (the one who is married to the first), so that it not be said that a married woman is leaving without a get — since he renders her unfit for others, i.e., his brother-in-law (for, leaving him with a get, she is rendered unfit to her husband), he also renders his wife unfit for himself, by reason of "the sister of his divorcée." But where his wife and his brother-in-law go abroad, and he marries her sister, in which instance it cannot be said that there was a condition in the marriage and that his marriage to the second was a bona fide one (as it could be said of betrothal), and she (the second) does not require a divorce from him — since he does not render unfit for others, not rendering his brother-in-law's wife unfit for him, he does not render unfit for himself, his wife being permitted to him, not being "the sister of his divorcée."]

Mishnah 5ה׳

אָמְרוּ לוֹ, מֵתָה אִשְׁתְּךָ, וְנָשָׂא אֲחוֹתָהּ מֵאָבִיהָ, מֵתָה, וְנָשָׂא אֲחוֹתָהּ מֵאִמָּהּ, מֵתָה, וְנָשָׂא אֲחוֹתָהּ מֵאָבִיהָ, מֵתָה, וְנָשָׂא אֲחוֹתָהּ מֵאִמָּהּ, וְנִמְצְאוּ כֻלָּן קַיָּמוֹת, מֻתָּר בָּרִאשׁוֹנָה, בַּשְּׁלִישִׁית, וּבַחֲמִישִׁית, וּפוֹטְרוֹת צָרוֹתֵיהֶן, וְאָסוּר בַּשְּׁנִיָּה וּבָרְבִיעִית, וְאֵין בִּיאַת אַחַת מֵהֶן פּוֹטֶרֶת צָרָתָהּ. וְאִם בָּא עַל הַשְּׁנִיָּה לְאַחַר מִיתַת הָרִאשׁוֹנָה, מֻתָּר בַּשְּׁנִיָּה וּבָרְבִיעִית, וּפוֹטְרוֹת צָרוֹתֵיהֶן, וְאָסוּר בַּשְּׁלִישִׁית וּבַחֲמִישִׁית, וְאֵין בִּיאַת אַחַת מֵהֶן פּוֹטֶרֶת צָרָתָהּ:

If they said to him: Your wife died, and he married her sister from her father [not from her mother], and then [they said to him:] she [the second] died, and he married her [the second's] sister from her mother [and not from her father, so that the third is a stranger to the first], and then [they said to him:] she [the third] died, and he married her [the third's] sister from her father [and not from her mother, so that the fourth is a stranger to the second, and, it goes without saying, to the first], and then [they said to him:] she [the fourth] died, and he married her sister from her mother [so that she is a stranger to the third, and, likewise, to the first and to the second], and then they were all found to be alive [i.e., they said to him that they are all alive], he is permitted to the first, the third, and the fifth [for they are not kin to one another. And though the third is the sister of the second, she is permitted; for the betrothal of the second did not "take," she being "his wife's sister" to the first, whom he had married before, so that she (the second) is like his ravished or seduced one (concerning which it is ruled that if one ravished a woman he is permitted to marry her daughter), the Torah having forbidden the sister of a wife alone; and where betrothal does not "take," she is not "the sister of a wife." And, similarly, with the fifth. Though she is the sister of the fourth, she is permitted to him. For since betrothal "took" in the third, the cohabitation of the fourth, who is a sister of the third, is found to be one of z'nuth, and the fifth is not forbidden to him.] And they exempt their tzaroth. [If he (the husband) died, and the yavam came and took one of them in yibum, he exempts her tzarah.] And he is forbidden to the second [because of the first] and to the fourth [because of the third.] And cohabitation with either one of them (the second or the fourth) does not exempt her tzarah (i.e., the husband's wives). And if he cohabited with the second after the death of the first, [the account of her death being true, and of the death of the others, false], he is permitted to the second and the fourth, and they exempt their tzaroth; and he is forbidden to the third [because of the second] and to the fifth [because of the fourth]. And cohabitation with either one of them (the third or the fifth) does not exempt her tzarah.

Mishnah 6ו׳

בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד, הוּא פוֹסֵל עַל יְדֵי אַחִין, וְהָאַחִים פּוֹסְלִין עַל יָדוֹ, אֶלָּא שֶׁהוּא פוֹסֵל תְּחִלָּה, וְהָאַחִין פּוֹסְלִין תְּחִלָּה וָסוֹף. כֵּיצַד, בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ, פָּסַל עַל יְדֵי אַחִין. בָּאוּ עָלֶיהָ אַחִין, וְעָשׂוּ בָהּ מַאֲמָר, נָתְנוּ גֵט אוֹ חָלְצוּ, פָּסְלוּ עַל יָדוֹ:

A boy of the age of nine years and one day disqualifies [his sister-in-law for marriage] 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 is this so? A boy of the age of nine years and one day who had intercourse with his sister-in-law disqualifies her [for marriage] with his brothers; If the brothers had intercourse with her, or did ma’amar with her, or gave her a get or submitted to her chalitsah they have disqualified her for marriage with him.

Mishnah 7ז׳

בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ, וְאַחַר כָּךְ בָּא עָלֶיהָ אָחִיו שֶׁהוּא בֶן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד, פָּסַל עַל יָדוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, לֹא פָסַל:

A boy of the age of nine years and one day who had intercourse with his dead brother's wife and then another brother who was of the age of nine years and one day had intercourse with her, [the latter] disqualifies her for [the former]. Rabbi Shimon says: he does not disqualify.

Mishnah 8ח׳

בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ, וְאַחַר כָּךְ בָּא עַל צָרָתָהּ, פָּסַל עַל יְדֵי עַצְמוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, לֹא פָסָל. בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ, וּמֵת, חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. נָשָׂא אִשָּׁה וּמֵת, הֲרֵי זוֹ פְטוּרָה:

A boy of the age of nine years and one day who had intercourse with his dead brother's wife and afterwards had intercourse with her rival wife, he has disqualified [both women for marriage] with himself. Rabbi Shimon says: he does not disqualify them. A boy of the age of nine years and one day had intercourse with his dead brother's wife and then died, she must undergo chalitsah but may not be taken in Levirate marriage. If he had married [any other] woman and she subsequently died, she is exempt.

Mishnah 9ט׳

בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ, וּמִשֶּׁהִגְדִּיל נָשָׂא אִשָּׁה אַחֶרֶת וּמֵת, אִם לֹא יָדַע אֶת הָרִאשׁוֹנָה מִשֶּׁהִגְדִּיל, הָרִאשׁוֹנָה חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת, וְהַשְּׁנִיָּה אוֹ חוֹלֶצֶת אוֹ מִתְיַבֶּמֶת. רַבִּי שִׁמְעוֹן אוֹמֵר, מְיַבֵּם לְאֵיזוֹ שֶׁיִּרְצֶה, וְחוֹלֵץ לַשְּׁנִיָּה. אֶחָד שֶׁהוּא בֶן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד, וְאֶחָד שֶׁהוּא בֶן עֶשְׂרִים שָׁנָה שֶׁלֹּא הֵבִיא שְׁתֵּי שְׂעָרוֹת:

A boy of the age of nine years and one day had intercourse with his dead husband's wife, and after he had come of age he married another woman and then died, if he had not known the first woman after he had become of age, the first one must have chalitsah but may not be taken in chalitsahmarriage, while the second may either have chalitsah or Levirate marriage. Rabbi Shimon says: he may perform Levirate marriage with whichever one he wants, and he must perform chalitsah for the other [woman]. [The same law applies] whether he is nine years and one day, or whether he is twenty years but had not produced two pubic hairs.