Talmud for Yevamot 3:13

MISHNAH: If a woman inherited property before she became preliminarily married, the Houses of Shammai and Hillel agree that if she sells or gives it away it is valid¹If she is an unmarried adult, she is fully capable of acting and does not need any male guardian or representative. “Properties” without further qualifications are real estate.. If she inherited after she became preliminarily married, the House of Shammai say she may sell²Up to the time of the definitive marriage. At the definitive marriage the husband becomes the administrator of the properties and receives their yield; he has no say in the matter before that date. Everybody agrees that after the definitive marriage the wife can sell only through her husband (unless a separation of property was stipulated before the definitive marriage. Since these are money matters, they are all subject to modification by the contracting parties.), the House of Hillel say she should not sell, but both of them agree that if she sold or gave it away it is valid. Rebbi Jehudah said: They said before Rabban Gamliel: If he obtained the right to the woman³Since the preliminary marriage makes the bride a married woman in all aspects of criminal law, should the husband not also have acquired a say in her properties., should he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties]⁴Properties she inherits after the final wedding ceremony, of which Mishnah 2 decrees that the husband can veto her sale. It seems not reasonable that the secondary interest of the husband in the yield of the properties should override the primary property rights of the wife in her inheritance. and you want to burden us with the old ones⁵The properties inherited before the final wedding date?

“From today and after 30 days.” Rebbi Abbahu in the name of Rebbi Joḥanan: Even preliminary marriages of a hundred men apply to her⁵⁰This refers to the case where a sequence of men said: “from now and after 30 days,” cf. Note 3. In this case, she is married to none of them completely; cf. Yebamot 3:5, Notes 102–105 (5:1, end; Nedarim 10:6 Note 59); Babli 60a.. Rebbi Eleazar said, it was necessary [to state], even if the second preliminarily married her absolutely⁵¹The interpretation of R. Abbahu is not the only one possible. Since the Mishnah mentions the condition “from now and after 30 days” only for the first man, it is quite possible that the second marries her unconditionally. Then no other man can join the list of suitors but nevertheless the woman is still “married and not married”.. Rebbi Isaac bar Tebele asked before Rebbi Eleazar: As you take it⁵²מַה נַפְשֵׁךְ is a technical term implying that a certain conclusion follows from two mutually exclusive premises.; what the first acquired, he acquired; the remainder the second finished⁵³This elliptic statement can be explained as follows (R. Moses Margalit): If the statement of the first groom, “from today and after 30 days”, means that he requires 30 days to make up his mind and might annul the preliminary marriage, then it is obvious that the second contracted a valid marriage and the first is eliminated. But if “from today and after 30 days” means that he wants to be married now but his obligations start only after 30 days, the first acquired the right to preliminarily marry the woman after 30 days. If now the second man marries her unconditionally within the thirty days, which the first cannot hinder, his acquisition should have eliminated the option which the first had acquired.. He answered, is this kind of argument applicable to incest prohibitions⁵⁴Incest and adultery prohibitions are so serious that no kind of intellectual acrobatics is applicable to them.? How is that? To any woman who is not acquired by one man only, even preliminary marriages of a hundred men apply.

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?

MISHNAH: “You are permitted to any man except to my father and your father, to my brother and your brother, to a slave, a Gentile,” or anybody she is unable to contract a preliminary marriage with⁴⁵An unmarried woman can contract preliminary marriage with any Jewish man except those connections forbidden as incestuous relations which are deadly sins. Marriage is also impossible with Gentiles and slaves. A divorce stipulation which forbids no marriage possible under the law is empty., it is valid. “You are permitted to any man except as a widow to the High Priest, a divorcee or one having received ḥalȋṣah to a common priest, a bastard or a Gibeonite girl to an Israel, the daughter of an Israel to a a bastard or a Gibeonite⁴⁶All these are subsumed under “holiness prohibitions”, enumerated in Mishnah Yebamot 2:4.,” or anybody she could contract a preliminary marriage with even if it is sinful⁴⁷Including common law “commandment prohibitions,” Mishnah Yebamot 2:4., it is invalid⁴⁸Since for the rabbis who oppose R. Eliezer, any bill of divorce is invalid if it restricts the pool of legal marriage partners of the divorcee..
The essence⁵¹The required text. of the bill of divorce: You are herewith permitted to any man. Rebbi Jehudah says: This shall be for you from me a divorce scroll and a letter of abandonment, to enable you to marry any man you desire. The essence of the bill of manumission: You are a free person, you are on your own.

MISHNAH: The same applies for preliminary marriages³⁷Cf. Mishnah Yebamot 3:9, Note 120. and for [liquidation of] debts. If he³⁸The creditor (who is explicitly mentioned in most Mishnah and Babli mss.) said to him, throw to me³⁹In the public domain. what you owe me and he threw it close to the lender⁴⁰The borrower threw it in the public domain close to the lender. The borrower is free even if the creditor is unable to pick up the money., the borrower is acquitted, close to the borrower, the borrower remains obligated, in the middle both of them must share it⁴¹If the money is lost, the borrower and the creditor each have to cover half the loss.. If she was standing on top of her roof and he threw it to her⁴²The flat roof has the same standing as a courtyard; delivery to the roof is legal delivery (Mishnah 1)., as soon as it reached the roof’s airspace⁴³Even if the wife never could pick it up since, as explained in the next sentence, it might have landed in a puddle and become illegible or landed in a fire and be destroyed. she is divorced. If he was on top and she below⁴⁴In her own domain., once it left the domain of the roof she is divorced even if it was blotted out or burned.