Yevamot 6:1 Related Passages

הַבָּא עַל יְבִמְתּוֹ, בֵּין בְּשׁוֹגֵג, בֵּין בְּמֵזִיד, בֵּין בְּאֹנֶס, בֵּין בְּרָצוֹן, אֲפִלּוּ הוּא שׁוֹגֵג וְהִיא מְזִידָה, הוּא מֵזִיד וְהִיא שׁוֹגֶגֶת, הוּא אָנוּס וְהִיא לֹא אֲנוּסָה, הִיא אֲנוּסָה וְהוּא לֹא אָנוּס, אֶחָד הַמְעָרֶה וְאֶחָד הַגּוֹמֵר, קָנָה, וְלֹא חָלַק בֵּין בִּיאָה לְבִיאָה:

If one cohabits with his yevamah, (he acquires her) — whether unwittingly [thinking her to be another woman], wilfully, [wantonly, and not for the sake of the mitzvah], constrainedly, or wittingly. Even if he is unwitting and she wilful; he, wilful and she, unwitting; he, constrained and she, unconstrained; she, constrained and he, unconstrained. [Not only (is she acquired) when she intends the mitzvah; but even where both do not intend the mitzvah, as when he intends a different woman and she intends a wanton act, he acquires her, it being written (Deuteronomy 25:5): "Her yavom shall come upon her" — in any instance.] Whether he is ma'areh [If he does not consummate his intercourse, but just inserts the corona alone (The touching of the corona without entry is called neshikah, "kissing"], or consummates the act, he acquires her. [And he inherits (his dead brother) and he must give her a get if he wishes to send her away.] And no distinction was made between one type of intercourse and another [whether normal or non-normal (anal) intercourse, it being written (Leviticus 18:22): "the lyings" of a woman, Scripture positing two "lyings" for a woman.]

Jerusalem Talmud Yevamot

MISHNAH: If somebody comes to his sister-in-law1Widow of his childless brother., whether in error2He did not realize that she was his sister-in-law., or criminally3Either he intended extramarital intercourse or he did not know that she was permitted to him., or under duress4Someone forced him to have intercourse., or willingly5He intended to fulfill the biblical commandment. That case is not needed but it is mishnaic style always to mention באונס וברצון together., even if he is in error and she acts criminally, or he does it criminally but she is in error, or he is under duress but she is not, or she is under duress but he is not, whether he touched or completed6The exact meaning of this term is discussed in the Halakhah. Cf. also Chapter 4, Note 59., he acquired her and there is no difference between intercourse and intercourse.
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