Mishnah
Mishnah

Halakhah for Yevamot 16:2

שְׁתֵּי יְבָמוֹת, זוֹ אוֹמֶרֶת מֵת בַּעְלִי וְזוֹ אוֹמֶרֶת מֵת בַּעְלִי, זוֹ אֲסוּרָה מִפְּנֵי בַעְלָהּ שֶׁל זוֹ וְזוֹ אֲסוּרָה מִפְּנֵי בַעְלָהּ שֶׁל זוֹ. לָזוֹ עֵדִים וְלָזוֹ אֵין עֵדִים, אֶת שֶׁיֶּשׁ לָהּ עֵדִים, אֲסוּרָה. וְאֶת שֶׁאֵין לָהּ עֵדִים, מֻתֶּרֶת. לָזוֹ בָנִים וְלָזוֹ אֵין בָּנִים, אֶת שֶׁיֶּשׁ לָהּ בָּנִים, מֻתֶּרֶת. וְאֶת שֶׁאֵין לָהּ בָּנִים, אֲסוּרָה. נִתְיַבְּמוּ וּמֵתוּ הַיְבָמִין, אֲסוּרוֹת לְהִנָּשֵׂא. רַבִּי אֶלְעָזָר אוֹמֵר, הוֹאִיל וְהֻתְּרוּ לַיְבָמִין, הֻתְּרוּ לְכָל אָדָם:

Two yevamoth [wives of two brothers] — one says: My husband died; the other says: My husband died — the first is forbidden (to remarry) because of the husband of the second, and the second is forbidden because of the husband of the first. [Perhaps he is living and she is linked to him. And even though his wife says that he is dead, she is not believed to permit the other "to the marketplace" by her testimony, one yevamah not testifying for another.] If one has witnesses [that her husband has died] and the other does not have witnesses, the one who has witnesses is forbidden [to marry "to the marketplace"] and the one who has no witnesses is permitted. [She is not forbidden by reason of her husband, for she is believed to say: My husband has died; and she is also not forbidden by reason of her yevamah, for witnesses have come (to testify) that he died.] If one has children and the other does not have children [and neither had witnesses] — the one who has children is permitted, and the one who does not have children is forbidden. If they were taken in yibum [If there were two yavmin here, and they were taken in yibum], and the yavmin died, they are forbidden to marry ["to the marketplace" — one because of the first husband of the second; the second, because of the first husband of the first. Even though both are married to their yavmin on the premise that their husbands have died, it is by their own testimony that they are married. And they were believed, for a woman who says, "My husband has died" is taken in yibum. But now, they are not permitted to marry "to the marketplace." For if they marry "to the marketplace," the testimony of the one will be found to have helped the other, and yevamoth do not testify one for the other.] R. Elazar says: Since they were permitted to the yavmin [on the premise that their husbands have died], they were permitted to marry "to the marketplace," for we do not apprehend any more that they might be alive. (The halachah is not in accordance with R. Elazar.)]

Explore halakhah for Yevamot 16:2. In-depth commentary and analysis from classical Jewish sources.

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