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4:12:1

משנה: אַרְבָּעָה אַחִין נְשׂוּאִין לְאַרְבַּע נָשִׁים וָמֵתוּ אִם רָצָה הַגָּדוֹל שֶׁבָּהֶם לְיַיבֶּם אֶת כּוּלָּן הָרְשׁוּת בְּיָדוֹ. מִי שֶּׁהָיָה נָשׂוּי לִשְׁתֵּי נָשִׁים וָמֵת בִּיאָתָהּ אוֹ חֲלִיצָתָהּ שֶׁל אַחַת מֵהֶן פּוֹטֶרֶת צָרָתָהּ. הָיְתָה אַחַת כְּשֵׁירָה וְאַחַת פְּסוּלָה אִם הָיָה חוֹלֵץ חוֹלֵץ לַפְּסוּלָה וְאִם הָיָה מְיַיבֵּם מְיַיבֵּם לַכְּשֵׁירָה.

MISHNAH: If four brothers188The text in the Halakhah, “four of the brothers”, is a better formulation since one speaks of a large group of brothers. were married to four women and died, if their oldest [brother] wants to marry all of them in levirate, he is permitted to do so. If somebody was married to two women and he died, intercourse or ḥalîṣah with one of them frees the co-wife. If one was acceptable and the other blemished189One was eligible to marry a Cohen; the other (e. g., a divorcee) was blemished in this respect. Since a woman freed by ḥalîṣah is considered a divorcee for a Cohen, the chances of remarriage of the acceptable one should not be diminished. For levirate, he may take either one., if he performs ḥalîṣah, he performs it with the blemished; if he takes in levirate, he takes the acceptable one.

MISHNAH: If four brothers188The text in the Halakhah, “four of the brothers”, is a better formulation since one speaks of a large group of brothers. were married to four women and died, if their oldest [brother] wants to marry all of them in levirate, he is permitted to do so. If somebody was married to two women and he died, intercourse or ḥalîṣah with one of them frees the co-wife. If one was acceptable and the other blemished189One was eligible to marry a Cohen; the other (e. g., a divorcee) was blemished in this respect. Since a woman freed by ḥalîṣah is considered a divorcee for a Cohen, the chances of remarriage of the acceptable one should not be diminished. For levirate, he may take either one., if he performs ḥalîṣah, he performs it with the blemished; if he takes in levirate, he takes the acceptable one.

4:12:2

הלכה: אַרְבָּעָה מֵאַחִין כול׳. דֶּלֹמָא. תְּלַת עָשָׂר אַחִין הַוְיָין וּמֵתִין תְּרֵין עָשָׂר דְּלָא בְּנִין. אַתְיוּן בְעַיּוּן מִתְיַיבְּמָה קוֹמֵי רִבִּי. אֲמַר לֵיהּ רִבִּי. אֵיזִיל יַיבֶּם. אֲמַר לֵיהּ. לֵית בְּחֵיילִי. וְהֵם אוֹמְרוֹת. כָּל חָדָא וְחָדָא אֲנָא מְזַיְינְנָא יַרְחִי. אֲמַר. וּמָאן זַיֵין הַהוּא יַרְחָא דְעִיבּוּרָא. אֲמַר רִבִּי. אֲנָא זַיְינְנָא יַרְחָא דְעִיבּוּרָא. וְצַלִּי עֲלֵיהוֹן וְאָזְלוּן לְהוֹן. בְּתָר תְּלַת שְׁנִין אָתוּן טְעִינִין תַּלְתִּין וְשִׁיתָא מֵיְינוּקִין. אָתוּן וְקַמְנוּ לָהֶן קוֹמֵי דָרְתָה דְרִבִּי. סָלְקִין וְאָמְרִין לֵיהּ. לְרַע קַרְיָיא דְמֵיינוּקִין בְּעַיָין מִישְׁאוֹל בִּשְׁלָמָךְ. אוֹדִיק רִבִּי מַן כִּוְותָּא וְחַמְתּוֹן. אֲמַר לוֹן. מַה עִיסְקֵיכוֹן. אָמְרִין לֵיהּ. אֲנָן בְּעַיָין תֵּיתִין לָן הַהוּא יַרְחָא דְעִיבּוּרָא. וִיהִיב לְהוֹן הַהוּא יַרְחָא דְעִיבּוּרָא.

HALAKHAH: “Four of the brothers,” etc. Explanation: There were thirteen brothers, of whom twelve died childless. They [the widows] came and wanted to be married in levirate before Rebbi. He said to him, go and take in levirate. He said to him, it overtaxes my means. But each one of them said, I will support during my month. He said, and who will support during that intercalary month? Rebbi said, I shall support during that intercalary month. He prayed for them and they went from him. After three years they came, carrying 36 toddlers. They came and stood in front of Rebbi’s dwelling. [People] went in and told [Rebbi], outside are rural toddlers who want to greet you. Rebbi looked down from the window and saw them. He asked them, for what are you here? They said to him, we beg that you give us [support for] that intercalary month; he gave them [support for] that intercalary month.

HALAKHAH: “Four of the brothers,” etc. Explanation: There were thirteen brothers, of whom twelve died childless. They [the widows] came and wanted to be married in levirate before Rebbi. He said to him, go and take in levirate. He said to him, it overtaxes my means. But each one of them said, I will support during my month. He said, and who will support during that intercalary month? Rebbi said, I shall support during that intercalary month. He prayed for them and they went from him. After three years they came, carrying 36 toddlers. They came and stood in front of Rebbi’s dwelling. [People] went in and told [Rebbi], outside are rural toddlers who want to greet you. Rebbi looked down from the window and saw them. He asked them, for what are you here? They said to him, we beg that you give us [support for] that intercalary month; he gave them [support for] that intercalary month.

4:12:3

כְּתִיב וַיֵּשֶׁב אֲרוֹן יי עִם עוֹבֵד אֱדוֹם בְּבֵיתוֹ שְׁלֹשָׁה חֳדָשִׁים וַיְבָרֶךְ יי וגו׳. בְּמָה בֵּירְכוֹ. בְּבָנִים. הָדָא הוּא דִכְתִיב כֵּל אֵלֶּה מִבְּנֵי עוֹבֵד אֱדוֹם הֵמָּה וּבְנֵיהֶם וַאֲחֵיהֶם אִישׁ חַיִל בַּכֹּחַ לַעֲבוֹדָה שִׁשִּׁים וגו׳. דַּהֲוָות כָּל חָדָא מִינְּהֶן יָלְדָה תְּרֵיי בְכָל יַרְחָא. הָא כֵיצַד. טְמֵאָה שִׁבְעָה וּטְהֹרָה שִׁבְעָה וִילֵדַת. טְמֵאָה שִׁבְעָה וּטְהֹרָה שִׁבְעָה וִילֵדַת. שִׁית עָשָׂר לְכָל יֶרַח. לִתְלָתָא יַרְחִין הָא אַרְבָּעִין וּתְמַנְיָיא. וְהוּא אֲשִׁתִּין. הָא חַמְשִׁין וְאַרְבָּעָה. וְתַמְנוֹתֵיהוֹן. הָא אֶשְׁתִּין וּתְרֵיי. הָדָא הִיא דִכְתִיב שִׁשִּׁים וּשְׁנַיִם לְעוֹבֵד אֱדוֹם.

It is written: “190An inexact quote of 1Chr. 13:14, 2S. 6:10. The ark of the Eternal dwelt in the house of Obed Edom for three months, and the Eternal blessed,” etc. By what did he bless him? With sons. That is what is written: “1911Chr. 26:8. All these were from the sons of Obed Edom, they, their sons and relatives, strong men for the service, sixty” etc., because each one of them gave birth to two every month. How was that? She was impure for seven days192Since all children were males, Lev. 12:2., pure for seven days, and gave birth, was impure for seven days, pure for seven days, and gave birth. Sixteen every month19316 grandchildren since Obed Edom had 8 sons (1Chr. 26:4–5)., in three months 48. And he, six194His own wife bore him six more sons. Together with the original 8, that makes 62 in all. In the Babli, Berakhot63b/64a, the wife and all her daughters-in-law each had one birth of sextuplets.. This makes 54 together. And those eight, sum total 62. That is what was written: “1911Chr. 26:8.62 for Obed Edom”.

It is written: “190An inexact quote of 1Chr. 13:14, 2S. 6:10. The ark of the Eternal dwelt in the house of Obed Edom for three months, and the Eternal blessed,” etc. By what did he bless him? With sons. That is what is written: “1911Chr. 26:8. All these were from the sons of Obed Edom, they, their sons and relatives, strong men for the service, sixty” etc., because each one of them gave birth to two every month. How was that? She was impure for seven days192Since all children were males, Lev. 12:2., pure for seven days, and gave birth, was impure for seven days, pure for seven days, and gave birth. Sixteen every month19316 grandchildren since Obed Edom had 8 sons (1Chr. 26:4–5)., in three months 48. And he, six194His own wife bore him six more sons. Together with the original 8, that makes 62 in all. In the Babli, Berakhot63b/64a, the wife and all her daughters-in-law each had one birth of sextuplets.. This makes 54 together. And those eight, sum total 62. That is what was written: “1911Chr. 26:8.62 for Obed Edom”.

4:12:4

אָמַר רִבִּי בָּא בַּר זַבְדָּא. כְּתִיב וְנִקְרָא שְׁמוֹ בְיִשְׂרָאֵל בֵּית חֲלוּץ הַנָּעַל. בַּיִת שֶׁהוּא נִיתָּר בַּחֲלִיצָה אַחַת. אַף בְּבִיאָה כֵן. חֲלִיצָה פוֹטֵר וּבִיאָה פוֹטֵר. [כְּמָה] דְאַתְּ אָמַר בַּחֲלִיצָה כֵּן אַתְּ אָמַר בְּבִיאָה.

Rebbi Abba bar Zavda said, it is written: “His house should be called in Israel the house of the shoe-stripped.” A house which was permitted by one stripping. The same is true for intercourse. Stripping frees and intercourse frees. What you say about stripping you say about intercourse195This refers to the sentence in the Mishnah that action by one of the widows frees the others without more ceremony. The argument is based on the singular describing the shoe which was stripped from the levir. A similar but more involved argument in Babli 44b, based on the same verse..

Rebbi Abba bar Zavda said, it is written: “His house should be called in Israel the house of the shoe-stripped.” A house which was permitted by one stripping. The same is true for intercourse. Stripping frees and intercourse frees. What you say about stripping you say about intercourse195This refers to the sentence in the Mishnah that action by one of the widows frees the others without more ceremony. The argument is based on the singular describing the shoe which was stripped from the levir. A similar but more involved argument in Babli 44b, based on the same verse..

4:12:5

וּמַהוּ לְהַעֲרִים. וְכִי רִבִּי טַרְפוֹן אֲבִיהֶן שֶׁלְּכָל יִשְׂרָאֵל לֹא הֶעֱרִים. קִידֵּשׁ שְׁלֹשׁ מֵאוֹת נָשִׁים בִּימֵי רַעֲבוֹן עַל מְנָת לְהַאֲכִילָן בִּתְרוּמָה. תַּמָּן אֵין כָּל אַחַת וְאַחַת רְאוּיָה לוֹכַל בִּתְרוּמָה. בְּרָם הָכָא כָּל אֶחָד וְאֶחָד רָאוּי לְיַיבֵּם. רִבִּי יוּדָן בֵּירִבִּי יִשְׁמָעֵאל עָבְדִין לֵיהּ כֵּן.

May one apply a trick196It is not clear what kind of trick is intended. From the context, it seems that the reference is to the last clause in the Mishnah, that in case of ḥalîṣah the one who cannot marry a Cohen should perform ḥalîṣah. If the older brother insists on having ḥalîṣah with the other widow, may one intervene to direct another brother to consent to the more desirable ḥalîṣah?? Did Rebbi Ṭarphon, the father of all of Israel, not apply a trick? He gave qiddushin to 300 women in times of famine to let them eat heave197This must have been during the time of the Temple since later generations forbade any non-priestly woman marrying a Cohen to eat sacred food before the actual marriage (Mishnah Ketubot 5:3) and R. Ṭarphon formally acquired all 300 women but married none of them.! There, every one of them was able to eat heave. But here, is each one able to perform levirate? Rebbi Yudan the son of Rebbi Ismael: One deals with him is such a way197This must have been during the time of the Temple since later generations forbade any non-priestly woman marrying a Cohen to eat sacred food before the actual marriage (Mishnah Ketubot 5:3) and R. Ṭarphon formally acquired all 300 women but married none of them..

May one apply a trick196It is not clear what kind of trick is intended. From the context, it seems that the reference is to the last clause in the Mishnah, that in case of ḥalîṣah the one who cannot marry a Cohen should perform ḥalîṣah. If the older brother insists on having ḥalîṣah with the other widow, may one intervene to direct another brother to consent to the more desirable ḥalîṣah?? Did Rebbi Ṭarphon, the father of all of Israel, not apply a trick? He gave qiddushin to 300 women in times of famine to let them eat heave197This must have been during the time of the Temple since later generations forbade any non-priestly woman marrying a Cohen to eat sacred food before the actual marriage (Mishnah Ketubot 5:3) and R. Ṭarphon formally acquired all 300 women but married none of them.! There, every one of them was able to eat heave. But here, is each one able to perform levirate? Rebbi Yudan the son of Rebbi Ismael: One deals with him is such a way197This must have been during the time of the Temple since later generations forbade any non-priestly woman marrying a Cohen to eat sacred food before the actual marriage (Mishnah Ketubot 5:3) and R. Ṭarphon formally acquired all 300 women but married none of them..

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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