Mishnah
Mishnah

Talmud for Yevamot 3:5

שְׁלֹשָׁה אַחִין, שְׁנַיִם מֵהֶם נְשׂוּאִים שְׁתֵּי אֲחָיוֹת, וְאֶחָד מֻפְנֶה, מֵת אֶחָד מִבַּעֲלֵי אֲחָיוֹת, וְעָשָׂה בָהּ מֻפְנֶה מַאֲמָר, וְאַחַר כָּךְ מֵת אָחִיו הַשֵּׁנִי, בֵּית שַׁמַּאי אוֹמְרִים, אִשְׁתּוֹ עִמּוֹ, וְהַלָּה תֵצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. וּבֵית הִלֵּל אוֹמְרִים, מוֹצִיא אֶת אִשְׁתּוֹ בְגֵט וּבַחֲלִיצָה, וְאֵשֶׁת אָחִיו בַּחֲלִיצָה. זוֹ הִיא שֶׁאָמְרוּ, אוֹי לוֹ עַל אִשְׁתּוֹ וְאוֹי לוֹ עַל אֵשֶׁת אָחִיו:

If there were three brothers, two of them married to two sisters, and one of them single — if one of the sisters' husbands died, and the single brother made a ma'amar in her, and then the second brother died — Beth Shammai say: His wife remains with him [For Beth Shammai hold that the woman betrothed by ma'amar is regarded as his wife, so that when her sister falls before him afterwards she is not forbidden by reason of "the sister of his linked one"], and the other goes out [even from chalitzah, by reason of "the sister of his wife."] And Beth Hillel say: He must send his wife away by get and by chalitzah, and his brother's wife by chalitzah. [For ma'amar is not sufficient to give her the status of a married woman, and the other is forbidden by reason of "the sister of his linked one." A get is necessary because of the ma'amar, which is partial betrothal, and betrothal is not dissolved without a get. And she also requires chalitzah, for since the ma'amar is not bona fide betrothal, she is still linked to him (for yibum) and requires chalitzah to dissolve that linkage; so that first he gives her a get, and then chalitzah. And this is the halachah.] And this is the instance of which they said (13:7): "Woe to him by reason of his wife, and woe to him by reason of his brother's wife!"

Jerusalem Talmud Kiddushin

“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.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse