Talmud Yerushalmi
Yerushalmi Yevamot 3:10 ירושלמי יבמות ג׳:י׳
Part of: Chapter 3
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משנה: שְׁלֹשָׁה אַחִים נְשׂוּאִין לְשָׁלֹשׁ נָשִׁים נָכְרִיּוֹת וּמֵת אֶחָד מֵהֶן וְעָשָׂה בָהּ שֵׁינִי מַאֲמָר וָמֵת הֲרֵי אֵילּוּ חוֹלְצוֹת וְלֹא מִתְיַיבְּמוֹת שֶׁנֶּאֱמַר יְבָמָהּ יָבוֹא עָלֶיהָ. שֶׁעָלֶיהָ זִיקַת יָבָם אֶחָד וְלֹא שֶׁעָלֵיהָ זִיקַת שְׁנֵי יְבָמִין. רִבִּי שִׁמְעוֹן אוֹמֵר מְיַיבֶּם לְאֵי זוֹ שֶׁיִּרְצֶה וְחוֹלֵץ לַשְּׁנִיָיה.
MISHNAH: Three brothers are married to three unrelated women. If one of them died, his second brother “bespeaks” her and then dies, these137The two widows who now are candidates for levirate with the third brother. If the second brother had not “bespoken” the first widow, he would have been free to marry both of the widows. Now that the first widow is quasi-married to the second brother, she cannot be married by the third brother; therefore the quasi-co-wife also is barred. But since the first widow is only partially forbidden, both require ḥalîṣah. perform ḥalîṣah but not levirate, as it is said: “Her levir shall come to her138Deut. 25:5. The Mishnah in the Babli and most Mishnah mss. also quote the beginning of the verse: “If brothers live together and one of them dies, …”,” if on her is the candidacy from one brother but not from two. Rebbi Simeon says, he takes in levirate the one he prefers and performs ḥalîṣah with the other139Rebbi Simeon holds that bespeaking either acquires completely or not at all (Halakhah 2:1). If it acquires completely, both widows are widows of the second brother, and the influence of the first is eliminated; the third may marry one in levirate and then the other would be freed without ceremony. If “bespeaking” does not acquire, the two women are widows of different brothers and both are permitted to the third in levirate. Because of the doubt, the third can marry only one of the widows and has to perform ḥalîṣah with the other..
MISHNAH: Three brothers are married to three unrelated women. If one of them died, his second brother “bespeaks” her and then dies, these137The two widows who now are candidates for levirate with the third brother. If the second brother had not “bespoken” the first widow, he would have been free to marry both of the widows. Now that the first widow is quasi-married to the second brother, she cannot be married by the third brother; therefore the quasi-co-wife also is barred. But since the first widow is only partially forbidden, both require ḥalîṣah. perform ḥalîṣah but not levirate, as it is said: “Her levir shall come to her138Deut. 25:5. The Mishnah in the Babli and most Mishnah mss. also quote the beginning of the verse: “If brothers live together and one of them dies, …”,” if on her is the candidacy from one brother but not from two. Rebbi Simeon says, he takes in levirate the one he prefers and performs ḥalîṣah with the other139Rebbi Simeon holds that bespeaking either acquires completely or not at all (Halakhah 2:1). If it acquires completely, both widows are widows of the second brother, and the influence of the first is eliminated; the third may marry one in levirate and then the other would be freed without ceremony. If “bespeaking” does not acquire, the two women are widows of different brothers and both are permitted to the third in levirate. Because of the doubt, the third can marry only one of the widows and has to perform ḥalîṣah with the other..
הלכה: שְׁלֹשָׁה אַחִין נְשׂוּאִין לְשָׁלֹשׁ נָשִׁים כול׳. אִילּוּ שׁוֹמֶרֶת יָבָם שֶׁנָּפְלָה לִפְנֵי כַמָּה יְבָמִין שֶׁמָּא אֵינָהּ מִתְיַיבֶּמֶת. תַּנֵּי רִבִּי חִיָיה. אֵשֶׁת אֶחָד מִתְיַיבֶּמֶת. לֹא אֵשֶׁת שְּׁנֵי מֵתִים. נִיחָא חוֹלֵץ לְבַעֲלַת מַאֲמָר. עַל שֶׁם אֵשֶׁת מֵת אֶחָד מִתְיַיבֶּמֶת לֹא אֵשֶׁת שְׁנֵי מֵתִים. שְׁנִיָיה לָמָּה אֵינָהּ מִתְיַיבֶּמֶת. אָמַר רִבִּי לָעְזָר. דְּרִבִּי מֵאִיר הִיא. דְּאָמַר רִבִּי מֵאִיר. כָּל שֶׁאֵין אַתְּ מְיַיבְּמֵנוֹ אֵין אַתְּ מְיַיבֵּם צָרָתוֹ. אָמַר רִבִּי יוֹחָנָן. אִם אָמְרָהּ רִבִּי לָעְזָר מִנִּי שְׁמָעָהּ וְאָמְרָהּ. אָמַר רִבִּי יוֹסֵי. מַתְנִיתָא אָמְרָה כֵן. בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ מִשֶּׁהִגְדִּיל וְנָשָא אִשָּׁה אֲחֶרֶת. אִם לֹא יָדַע אֶת הָרִאשׁוֹנָה מִשֶּׁהִגְדִּיל הַשְּׁנִיָיה אוֹ חוֹלֶצֶת אוֹ מִתְיַיבֶּמֶת. הָרִאשׁוֹנָה חוֹלֶצֶת וְלֹא מִתְיַיבֶּמֶת. הָכָא אַתְּ אוֹמֵר. חוֹלֶצֶת. וְהָכָא אַתְּ אוֹמֵר. מִתְיַיבֶּמֶת. הָא דְאַתְּ אָמַר חוֹלֶצֶת רִבִּי מֵאִיר וְרִבִּי שִׁמְעוֹן. וְהֵן דְאַתְּ אָמַר מִתְיַיבֶּמֶת רִבִּי שִׁמְעוֹן וְרַבָּנִן. רִבִּי אָבוּן רִבִּי בִּיסְנָא בְשֵׁם רִבִּי אָחָא. וְהוּא שֶׁיִיבֵּם וְאַחַר כָּךְ חָלַץ. אֲבָל אִם חָלַץ בַּתְּחִילָּה אָסוּר. שֶׁמָּא קָנָה מַאֲמָר וְנִפְטְרָה בַּחֲלִיצַת חֲבֵירָתָהּ.
HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate140Since the verse also speak of the levir in the singular, one might infer that the laws of levirate apply only to a single levir. But this is certainly not the case.? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead137The two widows who now are candidates for levirate with the third brother. If the second brother had not “bespoken” the first widow, he would have been free to marry both of the widows. Now that the first widow is quasi-married to the second brother, she cannot be married by the third brother; therefore the quasi-co-wife also is barred. But since the first widow is only partially forbidden, both require ḥalîṣah.. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate141Also quoted in Chapter 1, cf. Note 116.. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me142Cf. Berakhot 2, Note 53.. Rebbi Yose said, a Mishnah said so: “143Mishnah 10:9.
The sex act of a minor less than 9 years old has no legal consequences. If the boy is at 9 years and one day old, his sex act counts (if a married woman sleeps with him, she is criminally liable for adultery but he is not responsible since he is a minor.) A minor cannot acquire in general; therefore, his sex act corresponds to “bespeaking” for adults and the disagreement between the rabbis and Rebbi Simeon about the legal consequences of “bespeaking” extends to those of the sex act by a minor close to puberty. A boy at least nine years and one day old who had intercourse with his sister-in-law144Widow of an older brother who had died childless. and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult145For the rabbis, she is partially his wife; for R. Simeon, she either is his wife or she is not his wife., the second [wife] may perform ḥalîṣah or be married in levirate146With a third brother, if the second brother also dies childless.. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate147In Mishnah 3:10, neither woman can be married. In Mishnah 10:9, one of them can be married even though the legal situation is the same!! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis148In both Mishnaiot, R. Simeon holds that the third brother may marry one of the widows without restriction. In Mishnah 3:10, the anonymous Tanna is Rebbi Meïr; in Mishnah 10:9 he is another Tanna who admits the possibility that only one of the widows may be a candidate for levirate. In Tosephta 5:7, R. Yose (ben Ḥalaphta) holds that in the situation of Mishnah 3:10, the second widow may be married, parallel to the opinion of the Tanna of 10:9.. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he149The third brother. In the Tosephta, this is a tannaitic statement attributed to R. Eleazar ben Rebbi Simeon, following his father’s doctrine. The ḥalîṣah of one of the widows frees the other; the marriage of the second has no influence on the status of the first. married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.
HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate140Since the verse also speak of the levir in the singular, one might infer that the laws of levirate apply only to a single levir. But this is certainly not the case.? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead137The two widows who now are candidates for levirate with the third brother. If the second brother had not “bespoken” the first widow, he would have been free to marry both of the widows. Now that the first widow is quasi-married to the second brother, she cannot be married by the third brother; therefore the quasi-co-wife also is barred. But since the first widow is only partially forbidden, both require ḥalîṣah.. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate141Also quoted in Chapter 1, cf. Note 116.. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me142Cf. Berakhot 2, Note 53.. Rebbi Yose said, a Mishnah said so: “143Mishnah 10:9.
The sex act of a minor less than 9 years old has no legal consequences. If the boy is at 9 years and one day old, his sex act counts (if a married woman sleeps with him, she is criminally liable for adultery but he is not responsible since he is a minor.) A minor cannot acquire in general; therefore, his sex act corresponds to “bespeaking” for adults and the disagreement between the rabbis and Rebbi Simeon about the legal consequences of “bespeaking” extends to those of the sex act by a minor close to puberty. A boy at least nine years and one day old who had intercourse with his sister-in-law144Widow of an older brother who had died childless. and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult145For the rabbis, she is partially his wife; for R. Simeon, she either is his wife or she is not his wife., the second [wife] may perform ḥalîṣah or be married in levirate146With a third brother, if the second brother also dies childless.. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate147In Mishnah 3:10, neither woman can be married. In Mishnah 10:9, one of them can be married even though the legal situation is the same!! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis148In both Mishnaiot, R. Simeon holds that the third brother may marry one of the widows without restriction. In Mishnah 3:10, the anonymous Tanna is Rebbi Meïr; in Mishnah 10:9 he is another Tanna who admits the possibility that only one of the widows may be a candidate for levirate. In Tosephta 5:7, R. Yose (ben Ḥalaphta) holds that in the situation of Mishnah 3:10, the second widow may be married, parallel to the opinion of the Tanna of 10:9.. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he149The third brother. In the Tosephta, this is a tannaitic statement attributed to R. Eleazar ben Rebbi Simeon, following his father’s doctrine. The ḥalîṣah of one of the widows frees the other; the marriage of the second has no influence on the status of the first. married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.