Talmud Yerushalmi
Yerushalmi Yevamot 11:4 ירושלמי יבמות י״א:ד׳
Part of: Chapter 11
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משנה: הָאִשָּׁה שֶּׁנִּתְעָרַב וַולְדָּהּ בִּוְולַד כַּלָּתָהּ. הַגְדִּילוּ הַתַּעֲרוֹבוֹת וְנָשְׂאוּ נָשִׁים וָמֵתוּ. בְּנֵי הַכַּלָּה חוֹלְצִין וְלֹא מְיַיבְּמִין שֶׁהוּא סְפֵק אֵשֶׁת אָחִיו סְפֵק אֵשֶׁת אֲחִי אָבִיו. וּבְנֵי הַזְּקֵינָה אוֹ חוֹלְצִין אוֹ מְיַיבְּמִין שֶׁהוּא אֵשֶׁת אָחִיו וְאֵשֶׁת בֶּן אָחִיו. מֵתוּ הַכְּשֵׁרִים בְּנֵי הַתַּעֲרוֹבוֹת לִבְנֵי הַזְּקֵינָה חוֹלְצִין וְלֹא מְיַיבְּמִין שֶׁהוּא וְאֵשֶׁת אָחִיו סְפֵק אֵשֶׁת אֲחִי אָבִיו. וּבְנֵי הַכַּלָּה אֶחָד חוֹלֵץ וְאֶחָד מְיַיבֵּם.
MISHNAH: If a woman’s child was mixed up with her daughter-in-law’s child, the mixed-up children became adults, married wives, and died109One of the mixed-up sons died childless while being married.. The other sons of the daughter-in-law must perform ḥalîṣah but not levirate since for them it is doubtful whether [the widow was] a brother’s wife or an uncle’s wife110If the deceased was the son of the daughter-in-law, his widow could be married in levirate but if he was the son of the mother-in-law, she is forbidden to her husband’s nephew. Therefore, one of the other sons of the daughter-in-law must perform ḥalîṣah with her.. But the sons of the old woman may either perform ḥalîṣah or levirate since for them she was either a brother’s wife or a nephew’s wife111If a son of the daughter-in-law had performed ḥalîṣah, then the widow is either the sister-in-law of her husband’s brother and can be married in levirate or she is the widow of a nephew who can be married. “Levirate” in this case has to be taken with a grain of salt since unintentional intercourse (cf. Mishnah 6:1) will only possibly make the widow a wife.. If one of the identified ones died, the mixed-up ones must perform ḥalîṣah but not levirate for a son of the old woman since there is a doubt whether [the widow was] a brother’s wife or an uncle’s wife. But for the sons of the daughter-in-law, one performs ḥalîṣah; the other may marry in levirate113If the widow already had one ḥalîṣah, she is either the sister-in-law or the free widow of a nephew and permitted..
MISHNAH: If a woman’s child was mixed up with her daughter-in-law’s child, the mixed-up children became adults, married wives, and died109One of the mixed-up sons died childless while being married.. The other sons of the daughter-in-law must perform ḥalîṣah but not levirate since for them it is doubtful whether [the widow was] a brother’s wife or an uncle’s wife110If the deceased was the son of the daughter-in-law, his widow could be married in levirate but if he was the son of the mother-in-law, she is forbidden to her husband’s nephew. Therefore, one of the other sons of the daughter-in-law must perform ḥalîṣah with her.. But the sons of the old woman may either perform ḥalîṣah or levirate since for them she was either a brother’s wife or a nephew’s wife111If a son of the daughter-in-law had performed ḥalîṣah, then the widow is either the sister-in-law of her husband’s brother and can be married in levirate or she is the widow of a nephew who can be married. “Levirate” in this case has to be taken with a grain of salt since unintentional intercourse (cf. Mishnah 6:1) will only possibly make the widow a wife.. If one of the identified ones died, the mixed-up ones must perform ḥalîṣah but not levirate for a son of the old woman since there is a doubt whether [the widow was] a brother’s wife or an uncle’s wife. But for the sons of the daughter-in-law, one performs ḥalîṣah; the other may marry in levirate113If the widow already had one ḥalîṣah, she is either the sister-in-law or the free widow of a nephew and permitted..
הלכה: הָאִשָּׁה שֶׁנִּתְעָרַב וַולְדָּהּ כול׳. אָמַר רִבִּי יוֹחָנָן. כֵּינִי מַתְנִיתָא. לְנָשֵׁי בְנֵי הַכַּלָּה לְנָשֵׁי בְנֵי הַזְּקֵינָה. אָמַר רִבִּי חַגַּיי. זֹאת אוֹמֶרֶת שֶׁמּוּתָּר אָדָם לִישָּׂא אֶת אֵשֶׁת בֶּן אָחִיו.
HALAKHAH: “If a woman’s child was mixed up,” etc. Rebbi Joḥanan said: So is the Mishnah: The sister-in-law’s sons’ wives, the old woman’s sons’ wives114An obvious correction of the language of the Mishnah; one does not speak of the sons of mother-in-law or daughter-in-law but of their childless widows.. Rebbi Ḥaggai said, this implies that a man may marry a nephew’s ex-wife115There is no doubt that such a union is permitted by biblical standards; for some reason it was felt necessary to state thaï there is no rabbinic restriction in the case..
HALAKHAH: “If a woman’s child was mixed up,” etc. Rebbi Joḥanan said: So is the Mishnah: The sister-in-law’s sons’ wives, the old woman’s sons’ wives114An obvious correction of the language of the Mishnah; one does not speak of the sons of mother-in-law or daughter-in-law but of their childless widows.. Rebbi Ḥaggai said, this implies that a man may marry a nephew’s ex-wife115There is no doubt that such a union is permitted by biblical standards; for some reason it was felt necessary to state thaï there is no rabbinic restriction in the case..