Mishnah
Mishnah

Talmud for Yevamot 3:10

שְׁנַיִם שֶׁקִדְּשׁוּ שְׁתֵּי נָשִׁים, וּבִשְׁעַת כְּנִיסָתָן לַחֻפָּה הֶחֱלִיפוּ אֶת שֶׁל זֶה לָזֶה, וְאֶת שֶׁל זֶה לָזֶה, הֲרֵי אֵלּוּ חַיָּבִים מִשּׁוּם אֵשֶׁת אִישׁ. הָיוּ אַחִין, מִשּׁוּם אֵשֶׁת אָח. וְאִם הָיוּ אֲחָיוֹת, מִשּׁוּם אִשָּׁה אֶל אֲחוֹתָהּ. וְאִם הָיוּ נִדּוֹת, מִשּׁוּם נִדָּה. וּמַפְרִישִׁין אוֹתָן שְׁלֹשָׁה חֳדָשִׁים, שֶׁמָּא מְעֻבָּרוֹת הֵן. וְאִם הָיוּ קְטַנּוֹת שֶׁאֵינָן רְאוּיוֹת לֵילֵד, מַחֲזִירִין אוֹתָן מִיָּד. וְאִם הָיוּ כֹהֲנוֹת, נִפְסְלוּ מִן הַתְּרוּמָה:

If two men married two women, and when they took them in marriage (i.e., cohabitation), they (unwittingly) exchanged them, they are liable (for a sin-offering) by reason of adultery. If they were brothers, they are liable [in addition] by reason of one's brother's wife. And if they were sisters (they are liable in addition) by reason of (the interdict against) taking a woman and her sister. And if they were niddoth (they are liable in addition) by reason of (the interdict against living with) a niddah. [Even though we rule that one interdict is not superimposed upon another, this tanna holds that with issur kollel (a comprehensive interdict), and issur mosif (a superadded interdict), and issur bath-achath (a simultaneous interdict), as in this instance, one interdict is superimposed upon the other, and each requires a separate sin-offering.] And they are separated [not to return to their husbands] for three months, lest they be pregnant [and the children be mamzerim. And it is necessary to discriminate between seed that is kasher and seed that is not, that it (the latter) not be attributed to their husbands)]. And if they were minors who were incapable of bearing, they are returned immediately. And if they were the daughters of Cohanim, they are unfit to eat terumah [in their fathers' houses, even after the death of their husbands, and even though they were exchanged unwittingly.]

Jerusalem Talmud Kiddushin

If both were Cohanim or brothers, both are forbidden59Here starts a discussion of the statement of the Mishnah that the situation can be resolved if one of the men writes a bill of divorce and the other marries the woman. There are cases in which both must divorce and neither of them can marry: A Cohen may not marry a divorcee; this includes a woman who is divorced without ever being really married. The wife of a brother is prohibited to her brother-in- law except in the case of a required levirate marriage. In the case of the Mishnah, if the two men are brothers, the woman is forbidden to either of them as the brother’s wife.. If there were three brothers; two of them contracted a preliminary marriage with her and then died. That is what Rebbi Ḥiyya stated60Yebamot 3:10, Note 137.: The wife of one deceased contracts levirate marriage but not the wife of two deceased men. If they were brothers, both contracted a preliminary marriage with her and then one of them died. Is she permitted to the second? As you take it, what he had acquired, he had acquired; the rest he inherits from his brother61The argument is that the surviving brother should be allowed to marry both in his own right and as levir.. Rebbi Jehudah ben Pazi said, she is forbidden to him. Rebbi Yose said, the reason of Rebbi Jehudah ben Pazi is that the aspect acquired in any sister-in-law who is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition frees the co-wife62Yebamot 2:2, Note 55. The argument of Note 61 is invalid: Levirate is possible only if the brother’s marriage was undoubtedly valid.. Rebbi Ḥanina said, Rebbi Jehudah ben Pazi said it correctly. Does she not become his because of his brother? To his brother she was forbidden59Here starts a discussion of the statement of the Mishnah that the situation can be resolved if one of the men writes a bill of divorce and the other marries the woman. There are cases in which both must divorce and neither of them can marry: A Cohen may not marry a divorcee; this includes a woman who is divorced without ever being really married. The wife of a brother is prohibited to her brother-in- law except in the case of a required levirate marriage. In the case of the Mishnah, if the two men are brothers, the woman is forbidden to either of them as the brother’s wife.; to him she should be permitted?
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