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8:6:1

משנה: וּמִי הָאִישׁ אֲשֶׁר אֵירַשׂ אִשָּׁה וְלֹא לְקָחָהּ וְגוֹמֵר. אֶחָד הַמְאָרֵשׂ בְּתוּלָה וְאֶחָד הַמְאָרֵשׂ אֶת הָאַלְמָנָה אֲפִילוּ שׁוֹמֶרֶת יָבָם וַאֲפִילוּ שָׁמַע שֶׁמֵּת אָחִיו בַּמִּלְחָמָה חוֹזֶר וּבָא לוֹ. כָּל אֵילּוּ שׁוֹמְעִין דִּבְרֵי כֹהֵן מֵעֶרְכֵי מִלְחָמָה וְחוֹזְרִין וּמְסַפְּקִין מַיִם וּמָזוֹן וּמְתַקְּנִין אֶת הַדְּרָכִים.

MISHNAH: “180Deut. 20:7. Who is the man who became betrothed181He married her in the preliminary ceremony (Note 146) but did not take her into his house. to a woman and did not take her,” etc. Not only one betrothed to a virgin, even one betrothed to a widow, even to one who waits for her brother-in-law182The widow of his childless brother. The surviving brother can marry her based on the dead brother’s preliminary marriage; but rabbinically one requires a new preliminary “bespeaking”, cf. Yebamot 2:1, Note 6. The next sentence shows that the Mishnah does not refer to this rabbinic ceremony.. Even if he heard that his brother had died in the war he then returns and leaves. All those who listen to the Cohen in the front lines return and provide food and water and improve the roads183They serve the army in the rear..

MISHNAH: “180Deut. 20:7. Who is the man who became betrothed181He married her in the preliminary ceremony (Note 146) but did not take her into his house. to a woman and did not take her,” etc. Not only one betrothed to a virgin, even one betrothed to a widow, even to one who waits for her brother-in-law182The widow of his childless brother. The surviving brother can marry her based on the dead brother’s preliminary marriage; but rabbinically one requires a new preliminary “bespeaking”, cf. Yebamot 2:1, Note 6. The next sentence shows that the Mishnah does not refer to this rabbinic ceremony.. Even if he heard that his brother had died in the war he then returns and leaves. All those who listen to the Cohen in the front lines return and provide food and water and improve the roads183They serve the army in the rear..

8:6:2

הלכה: אֲשֶׁר אֵרַשׂ אִשָּׁה. אֵין לִי אֶלָּא רוֹבֶה שֶׁנָּשָא רֵיבָה. מְנַיִין רוֹבֶה שֶׁנָּשָׂא אַלְמָנָה. אַלְמוֹן שֶׁנָּשָׂא רֵיבָה. [אַלְמוֹן שֶׁנָּשָׂא אַלְמָנָה] מְנַיִין. תַּלְמוּד לוֹמַר אִשָּׁה. מִכָּל מָקוֹם. מַה תַלְמוּד לוֹמַר חֲדָשָׁה. פְּרָט לַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ. אָמַר רִבִּי יוֹסֵי. זֹאת אוֹמָרָת הַנּוֹשֵׂא אֶת הָאַיְילוֹנִית הוֹאִיל וְאֵין מִצְוָה לֵישֵׁב עִמָּהּ אֵינוֹ חוֹזֵר.

HALAKHAH: “Who became betrothed”. Not only a young man who married a young woman. From where even a young man who married a widow, a widower who married a young woman, a widower who married a widow? From where? The verse says, “a woman”, of any kind. Why does the verse say, “new”? That excludes him who remarries his divorcee186Babli, 44a.. Rebbi Yose said, this implies that one who marries a sheram187A woman without secondary female sex characteristics who is considered sterile; cf. Yebamot 1:1, Note 65. Her marriage has rabbinic status only. does not return since he has no religious obligation to live with her.

HALAKHAH: “Who became betrothed”. Not only a young man who married a young woman. From where even a young man who married a widow, a widower who married a young woman, a widower who married a widow? From where? The verse says, “a woman”, of any kind. Why does the verse say, “new”? That excludes him who remarries his divorcee186Babli, 44a.. Rebbi Yose said, this implies that one who marries a sheram187A woman without secondary female sex characteristics who is considered sterile; cf. Yebamot 1:1, Note 65. Her marriage has rabbinic status only. does not return since he has no religious obligation to live with her.

8:6:3

אֲפִילוּ שׁוֹמֶרֶת יָבָם לַחֲמִשָּׁה אַחִים. וְדִכְוָותָהּ אֲפִילוּ בַּיִת אֶחָד לַחֲמִשָּׁה אַחִין. תַּמָּן אֵין כָּל אֶחָד וְאֶחָד רָאוּי לֵישֵׁב בּוֹ. בְּרַם הָכָא כָּל אֶחָד וְאֶחָד רָאוּי לְיּיַּבֵּם. מַה דָמֵי לָהּ. קִידֵּשׁ אִשָּׁה מֲעַכְשָׁיו לְאַחַר שְׁנֵים עָשָׂר חוֹדֶשׁ וְשָׁלֵם הַזְּמָן בַּמִּלְחָמָה חוֹזֵר וּבָא לוֹ.

Even one who waits for her brother-in-law with five brothers188This refers to the statement that a man who hears that his childless brother has died, returns from the army to marry his sister-in-law. This implies that every brother returns in this case. The Babli agrees, 43b.. Similarly, even one house for five brothers189Why does Mishnah 4 not make a proviso that every man who built a house together with his brothers does return?? There not one of them would be able to live in it190In the language of the Mishnah, בית always means a one-room house, in which only a single family can live.. But here, each one of them is able to marry in levirate191While only one man can marry the widow, each one could be the one taking her away from the others.. What would be like it? Somebody who preliminarily married a woman from now on in twelve months192The prospective groom delivers an object of value to his bride and stipulates that what she receives and acknowledges at that time shall be valid for preliminary marriage in 12 months’ time. This is a valid contract and after 12 months he is preliminarily married and obligated to marry in final form. (If she sleeps with another man during the 12 months it would be criminal if and only if the preliminary husband is alive at the end of the 12 months’ period and the contract is activated.) and the time is up while he is in the war; he returns and goes.

Even one who waits for her brother-in-law with five brothers188This refers to the statement that a man who hears that his childless brother has died, returns from the army to marry his sister-in-law. This implies that every brother returns in this case. The Babli agrees, 43b.. Similarly, even one house for five brothers189Why does Mishnah 4 not make a proviso that every man who built a house together with his brothers does return?? There not one of them would be able to live in it190In the language of the Mishnah, בית always means a one-room house, in which only a single family can live.. But here, each one of them is able to marry in levirate191While only one man can marry the widow, each one could be the one taking her away from the others.. What would be like it? Somebody who preliminarily married a woman from now on in twelve months192The prospective groom delivers an object of value to his bride and stipulates that what she receives and acknowledges at that time shall be valid for preliminary marriage in 12 months’ time. This is a valid contract and after 12 months he is preliminarily married and obligated to marry in final form. (If she sleeps with another man during the 12 months it would be criminal if and only if the preliminary husband is alive at the end of the 12 months’ period and the contract is activated.) and the time is up while he is in the war; he returns and goes.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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