Talmud Yerushalmi
Yerushalmi Yevamot 9:2 ירושלמי יבמות ט׳:ב׳
Part of: Chapter 9
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משנה: אֵילּוּ מוּתָּרוֹת לְיִבְּמֵיהֶן וַאֲסוּרוֹת לְבַעֲלֵיהֶן כֹּהֵן גָּדוֹל שֶׁקִּידֵּשׁ אֶת הָאַלְמָנָה וְיֵשׁ לוֹ אָח כֹּהֵן הֶדְיוֹט. כָּשֵׁר שֶׁנָּשָׂא חֲלָלָה וְיֵשׁ לוֹ אָח חָלָל. יִשְׂרָאֵל שֶׁנָּשָׂא מַמְזֶרֶת וְיֵשׁ לוֹ אַח מַמְזֵר. מַמְזֵר שֶׁנָּשָׂא בַת יִשְׂרָאֵל וְיֵשׁ לוֹ אָח יִשְׂרָאֵל מוּתָּרוֹת לְיִבְּמֵיהֶן וַאֲסוּרוֹת לְבַעֲלֵיהֶן.
MISHNAH: These are permitted to their levirs and forbidden to their husbands: If a High Priest was betrothed to a widow and has a brother who is a simple priest, or qualified [priest] married a disqualified woman and has a disqualified brother, or an Israel married a bastard woman and has a bastard brother, or a bastard who married an Israel woman and has an Israel brother; [the women] are permitted to their levirs and forbidden to their husbands.
MISHNAH: These are permitted to their levirs and forbidden to their husbands: If a High Priest was betrothed to a widow and has a brother who is a simple priest, or qualified [priest] married a disqualified woman and has a disqualified brother, or an Israel married a bastard woman and has a bastard brother, or a bastard who married an Israel woman and has an Israel brother; [the women] are permitted to their levirs and forbidden to their husbands.
הלכה: אֵילּוּ מוּתָּרוֹת לְבַעֲלֵיהֶן כול׳. לֹא אָמַר אֶלָּא קִידֵּשׁ. הָא אִם בָּעַל נִפְסְלָה בִבְעִילָה. הָדָא דְתַנִּינָן. אֲסוּרוֹת אֵילּוּ לָאֵילּוּ.
HALAKHAH: “The following are permitted to their husbands,15A quote from Mishnah 2, irrelevant for the sequel.” etc. He only said “betrothed16In Mishnah 3, the mention of betrothal is essential; in Mishnah 4 the mention of marriage. In Mishnah 2, either betrothal or marriage may be mentioned for the High Priest’s brother.”, but if he copulated with her, the copulation disqualifies her. That is what we stated: “Forbidden to both of them.”
HALAKHAH: “The following are permitted to their husbands,15A quote from Mishnah 2, irrelevant for the sequel.” etc. He only said “betrothed16In Mishnah 3, the mention of betrothal is essential; in Mishnah 4 the mention of marriage. In Mishnah 2, either betrothal or marriage may be mentioned for the High Priest’s brother.”, but if he copulated with her, the copulation disqualifies her. That is what we stated: “Forbidden to both of them.”
וְאִילֵּין אִינּוּן. הָא אִית לָךְ חוֹרָנִיין. הַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ מִשֶּׁנִּישֵּׂאת אֲסוּרָה לַבַּעַל וּמוּתֶּרֶת לְיָבָם. הוּא שֶׁבָּא עַל אֲחוֹת חֲלוּצָתוֹ אֲסוּרָה לְבַעַל וּמוּתֶּרֶת לְיָבָם. פְּצוּעַ דַּכָּא שֶׁנָּשָׂא כְשֵׁירָה וְיֵשׁ לוֹ אָח כָּשֵׁר אֲסוּרָה לְבַעַל וּמוּתֶּרֶת לְיָבָם. הָדָא מְסַיְיעָא לְרִבִּי יוֹנָה. דְּרִבִּי יוֹנָה אָמַר. לֵית כְּלָלוֹי דְּרִבִּי כְלָלִין.
Are these all? There are others: If somebody takes back a woman he divorced after she had been married [to another man], she is forbidden to the husband17Deut. 24:4. but permitted to the levir. If he slept with the sister of a woman with whom he had performed ḥalîṣah, she is forbidden to the husband18A purely rabbinical prohibition as sister of a quasi-wife; cf. Halakhah4:7. but permitted to the levir. If a man with injured testicles married a qualified woman, she is forbidden to the husband but permitted to the levir. This supports Rebbi Jonah, since Rebbi Jonah said, the groupings of Rebbi are not exhaustive9Accepted by the Babli, 84b..
Are these all? There are others: If somebody takes back a woman he divorced after she had been married [to another man], she is forbidden to the husband17Deut. 24:4. but permitted to the levir. If he slept with the sister of a woman with whom he had performed ḥalîṣah, she is forbidden to the husband18A purely rabbinical prohibition as sister of a quasi-wife; cf. Halakhah4:7. but permitted to the levir. If a man with injured testicles married a qualified woman, she is forbidden to the husband but permitted to the levir. This supports Rebbi Jonah, since Rebbi Jonah said, the groupings of Rebbi are not exhaustive9Accepted by the Babli, 84b..