Mishnah
Mishnah

Yevamot 11

CommentaryAudioShareBookmark
1

נוֹשְׂאִין עַל הָאֲנוּסָה וְעַל הַמְפֻתָּה. הָאוֹנֵס וְהַמְפַתֶּה עַל הַנְּשׂוּאָה, חַיָּב. נוֹשֵׂא אָדָם אֲנוּסַת אָבִיו וּמְפֻתַּת אָבִיו, אֲנוּסַת בְּנוֹ וּמְפֻתַּת בְּנוֹ. רַבִּי יְהוּדָה אוֹסֵר בַּאֲנוּסַת אָבִיו וּמְפֻתַּת אָבִיו:

One may marry the kin of a woman that he ravished or seduced. [He is permitted to marry her daughter, her mother, or her sister, it being written (Leviticus 20:14): "And a man, if he takes a woman and her mother" — With all of the others "lying" is written, and here, "taking," to teach that it is by way of "taking" (in marriage) that they are interdicted.] If one ravishes or seduces (the kin of) one to whom he is married, he is liable. One may marry a woman who has been ravished by his father or seduced by his father; ravished by his son or seduced by his son. R. Yehudah forbids a woman ravished by his father or seduced by his father, [it being written (Deuteronomy 23:1): "A man shall not take the wife of his father, and he shall not uncover the lap of his father" — the "lap" that his father has seen, he may not uncover. The halachah is not in accordance with R. Yehudah. But the sages forbade one suspected of (illicit relations with) a woman to marry her daughter, or sister, or mother, or one of her kin; for she is wont to be with them, and they might come to sin. And if he transgressed and married one of the kin of a woman he ravished or seduced or one of the kin of a woman he is suspected of, she is not taken from him. As to our Mishnah, "One may marry, etc.", which implies that he may do so ab initio — this is so after the death of the one he ravished or seduced, where it is not to be feared that after marrying the daughter, he will live with the first.]

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
2

הַגִּיּוֹרֶת שֶׁנִּתְגַּיְּרוּ בָנֶיהָ עִמָּהּ, לֹא חוֹלְצִין וְלֹא מְיַבְּמִין, אֲפִלּוּ הוֹרָתוֹ שֶׁל רִאשׁוֹן שֶׁלֹּא בִקְדֻשָּׁה וְלֵדָתוֹ בִקְדֻשָּׁה, וְהַשֵּׁנִי הוֹרָתוֹ וְלֵדָתוֹ בִקְדֻשָּׁה. וְכֵן שִׁפְחָה שֶׁנִּשְׁתַּחְרְרוּ בָנֶיהָ עִמָּהּ:

If the sons of a proselyte woman became proselytes with her, they do not give chalitzah, and they do not take in yibum, ["brotherhood" from the father being required (for yibum), and proselytes having no kinship from the father.] (This is so) even if the first were conceived in non-holiness (i.e., before proselytization) and born in holiness, and the second, conceived in holiness and born in holiness. And the same applies to a bondswoman, whose children were freed together with her.

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
3

חָמֵשׁ נָשִׁים שֶׁנִּתְעָרְבוּ וַלְדוֹתֵיהֶן, הִגְדִּילוּ הַתַּעֲרֹבוֹת וְנָשְׂאוּ נָשִׁים וּמֵתוּ, אַרְבָּעָה חוֹלְצִין לְאַחַת, וְאֶחָד מְיַבֵּם אוֹתָהּ. הוּא וּשְׁלשָׁה חוֹלְצִים לְאַחֶרֶת, וְאֶחָד מְיַבֵּם. נִמְצְאוּ אַרְבַּע חֲלִיצוֹת וְיִבּוּם לְכָל אַחַת וְאֶחָת:

Five women whose children were mixed up with each other [and each had a son, who did not become mixed up with them] — if those who had been mixed together grew up, married and died, four give chalitzah to one of them, and the fifth takes her in yibum. [The known son of each one of the four gives chalitzah to one of them, each possibly being his brother's wife; and the fifth marries her in any event — If she is his brother's wife, he takes her in yibum; and if not, her yavam has given her chalitzah.] He (the one who performed yibum) and three give chalitzah to another woman, and the fifth takes her in to another woman, and the fifth takes her in yibum [in any event. And these two (who have taken wives in yibum) give chalitzah to the third woman, the other two with them, and the fifth takes her in yibum, and so with the others.] It is found, then, that there are four chalitzoth and one yibum for each woman. [Four chalitzoth first, for neither is permitted to take her in yibum until the other four give her chalitzah, so that he not be in violation of "a yevamah to the marketplace." And the four may also give chalitzah to all of them and the fifth marry them, but the first procedure is preferable, for it may be that each will take his linked one and fulfill the mitzvah of yibum.]

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
4

הָאִשָּׁה שֶׁנִּתְעָרֵב וְלָדָהּ בִּוְלַד כַּלָּתָהּ, הִגְדִּילוּ הַתַּעֲרֹבוֹת, וְנָשְׂאוּ נָשִׁים, וּמֵתוּ, בְּנֵי הַכַּלָּה חוֹלְצִין וְלֹא מְיַבְּמִין, שֶׁהוּא סְפֵק אֵשֶׁת אָחִיו סְפֵק אֵשֶׁת אֲחִי אָבִיו. וּבְנֵי הַזְּקֵנָה, אוֹ חוֹלְצִין אוֹ מְיַבְּמִין, שֶׁהוּא סְפֵק אֵשֶׁת אָחִיו וְאֵשֶׁת בֶּן אָחִיו. מֵתוּ הַכְּשֵׁרִים, בְּנֵי הַתַּעֲרֹבוֹת לִבְנֵי הַזְּקֵנָה חוֹלְצִין וְלֹא מְיַבְּמִין, שֶׁהוּא סְפֵק אֵשֶׁת אָחִיו וְאֵשֶׁת אֲחִי אָבִיו, וּבְנֵי הַכַּלָּה, אֶחָד חוֹלֵץ וְאֶחָד מְיַבֵּם:

A woman whose child became mixed up with that of her daughter-in-law — If those who had been intermixed grew up, married and died, the (known) sons of the daughter-in-law give chalitzah, but do not take in yibum, each woman possibly being his brother's wife or the wife of his father's brother. And the sons of the mother-in-law either give chalitzah or take in yibum, each woman possibly being his brother's wife or the wife of his brother's son. If the known sons died, the mixed up sons give chalitzah to the (wives of) the sons of the mother-in-law but do not take in yibum, each woman possibly being his brother's wife or the wife of his father's brother. And the sons of the daughter-in-law — one gives chalitzah [first] and [then] the other takes in yibum [— in any event. If the one who gave chalitzah is the son of the daughter-in-law, and he gave chalitzah to his brother's wife, he permits her thereby, and the other, the son of the mother-in-law, may marry her, the wife of one's brother's son being permitted to him. And if the one who gave chalitzah is the son of the mother-in-law and he gave chalitzah to the wife of his brother's son, it is as if she has received chalitzah from a stranger, so that when the son of the daughter-in-law takes her in yibum, he does so properly.]

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
5

כֹּהֶנֶת שֶׁנִּתְעָרֵב וְלָדָּהּ בִּוְלַד שִׁפְחָתָהּ, הֲרֵי אֵלּוּ אוֹכְלִים בַּתְּרוּמָה, וְחוֹלְקִים חֵלֶק אֶחָד בַּגֹּרֶן, וְאֵינָן מִטַּמְּאִין לְמֵתִים, וְאֵין נוֹשְׂאִין נָשִׁים, בֵּין כְּשֵׁרוֹת בֵּין פְּסוּלוֹת. הִגְדִּילוּ הַתַּעֲרֹבוֹת, וְשִׁחְרְרוּ זֶה אֶת זֶה, נוֹשְׂאִין נָשִׁים רְאוּיוֹת לַכְּהֻנָּה, וְאֵינָן מִטַּמְּאִין לְמֵתִים. וְאִם נִטְמְאוּ, אֵינָן סוֹפְגִין אֶת הָאַרְבָּעִים. וְאֵינָן אוֹכְלִים בַּתְּרוּמָה. וְאִם אָכְלוּ, אֵינָן מְשַׁלְּמִין קֶרֶן וָחֹמֶשׁ. וְאֵינָן חוֹלְקִין עַל הַגֹּרֶן. וּמוֹכְרִין אֶת הַתְּרוּמָה, וְהַדָּמִים שֶׁלָּהֶם. וְאֵינָן חוֹלְקִים בְּקָדְשֵׁי הַמִּקְדָּשׁ, וְאֵין נוֹתְנִין לָהֶם קָדָשִׁים, וְאֵין מוֹצִיאִין שֶׁלָּהֶם מִיָּדָם, וּפְטוּרִין מִן הַזְּרֹעַ וּמִן הַלְּחָיַיִם וּמִן הַקֵּבָה, וּבְכוֹרוֹ יְהֵא רוֹעֶה עַד שֶׁיִּסְתָּאֵב, וְנוֹתְנִין עָלָיו חֻמְרֵי כֹהֲנִים וְחֻמְרֵי יִשְׂרְאֵלִים:

If the child of the daughter of a Cohein were mixed up with the child of her bondswoman, they eat terumah, [for both a Cohein and the bondsman of a Cohein eat terumah. And they share one share on the threshing floor. [The gemara explains that they share as one. If both come as one to the threshing floor, they are given (the produce), but it is not given to one without the other, this tanna holding that terumah is not allocated to a bondsman unless his master is with him.] And they do not become unclean for the dead, and they do not marry, neither fit women (i.e., women who are fit for the priesthood) nor unfit ones. [For each one is possibly a Cohein-possibly a bondsman. The fit ones are forbidden to the bondsman, and the unfit ones are forbidden to the Cohein, and (the ruling in the instance of) "something possibly forbidden is for stringency." When the mixed up ones grow up and free each other, they marry women fit for the priesthood and they do not make themselves unclean for the dead. And if they do make themselves unclean, they do not receive forty stripes, [for each one can say: I am not a Cohein.] And they do not eat terumah. And if they did eat, they do not pay the principal and a fifth, [for each one can say: I am not a Cohein, and money is not taken from one on the basis of a doubt], and they do not share on the threshing floor, and they sell the terumah. [They do not give the terumah of their produce to a Cohein, for each one can say: Bring proof that I am not a Cohein. But, in any event, they are not permitted to eat it, but they sell it to a Cohein and the money is theirs.], and they do not share in what was consecrated to the Temple [such as the hides of offerings; for to each one we can say: Bring proof that you are a Cohein and take.] And we do not give them offerings [to sacrifice], and we do not take them from their hands [e.g., if a first-born (beast) were born to them, we do not take it from them, but allow it to graze until it is blemished.] And they are exempt from (giving a Cohein) the shoulder, the cheeks, and the maw. And his first-born grazes until it is blemished, and there are imposed upon him the stringencies of Cohanim and the stringencies of Israelites. [The gemara explains that the fistful is taken of their meal-offerings as in the meal-offerings of Israelites, and is offered by itself, and what is left over is not eaten as with the meal-offering of an Israelite, but is burned, as with the meal-offering of a Cohein, which is entirely burned.]

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
6

מִי שֶׁלֹּא שָׁהֲתָה אַחַר בַּעְלָה שְׁלֹשָׁה חֳדָשִׁים וְנִשֵּׂאת, וְיָלְדָה, וְאֵין יָדוּעַ אִם בֶּן תִּשְׁעָה לָרִאשׁוֹן אִם בֶּן שִׁבְעָה לָאַחֲרוֹן. הָיוּ לָהּ בָּנִים מִן הָרִאשׁוֹן וּבָנִים מִן הַשֵּׁנִי, חוֹלְצִין וְלֹא מְיַבְּמִין. וְכֵן הוּא לָהֶם, חוֹלֵץ וְלֹא מְיַבֵּם. הָיוּ לוֹ אַחִים מִן הָרִאשׁוֹן וְאַחִים מִן הַשֵּׁנִי שֶׁלֹּא מֵאוֹתָהּ הָאֵם, הוּא חוֹלֵץ וּמְיַבֵּם, וְהֵם, אֶחָד חוֹלֵץ וְאֶחָד מְיַבֵּם:

If one did not wait three months after her husband (died), and she remarried and bore a son, and it is not known whether he is a nine-month birth to the first husband, or a seven-month birth to the second — If she had sons from the first and sons from the second, they give chalitzah, but do not take in yibum [the wife of the doubtful son. One of the sons of the first gives chalitzah on the possibility that he is their father's son; but they do not take in yibum, it being possible that he is the son of the second, so that he is their brother from their mother, but not from their father, in which instance his wife is kareth-interdicted to them. And, likewise, with the sons of the second.] And he, likewise, with them. He gives chalitzah [to their wives], but he does not take in yibum. If he had brothers from the first and brothers from the second, not from the same mother, he either gives chalitzah [to the wife of the son of the first] or takes her in yibum. If he is his brother, all well and good; if not, she is a stranger to him. (This, when there is no other brother but him, where there is no possibility of "a yevamah to the marketplace.") And the same applies to the wife of the son of the second.] And they — one gives chalitzah and the other takes in yibum. [Either the son of the first or the son of the second gives chalitzah, and the other takes in yibum. If she is his yevamah, all well and good; if not, she is a stranger to him. And there is no problem of "a yevamah to the marketplace," for her yavam has given her chalitzah.]

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
7

הָיָה אֶחָד יִשְׂרָאֵל וְאֶחָד כֹּהֵן, נוֹשֵׂא אִשָּׁה רְאוּיָה לְכֹהֵן, וְאֵינוֹ מִטַּמֵּא לְמֵתִים, וְאִם נִטְמָא, אֵינוֹ סוֹפֵג אֶת הָאַרְבָּעִים. וְאֵינוֹ אוֹכֵל בַּתְּרוּמָה, וְאִם אָכַל, אֵינוֹ מְשַׁלֵּם קֶרֶן וָחֹמֶשׁ. וְאֵינוֹ חוֹלֵק עַל הַגֹּרֶן. וּמוֹכֵר הַתְּרוּמָה, וְהַדָּמִים שֶׁלּוֹ. וְאֵינוֹ חוֹלֵק בְּקָדְשֵׁי הַמִּקְדָּשׁ, וְאֵין נוֹתְנִים לוֹ אֶת הַקָּדָשִׁים, וְאֵין מוֹצִיאִין אֶת שֶׁלּוֹ מִיָּדוֹ. וּפָטוּר מִן הַזְּרֹעַ וְהַלְּחָיַיִם וְהַקֵּבָה. וּבְכוֹרוֹ יְהֵא רוֹעֶה עַד שֶׁיִּסְתָּאֵב. וְנוֹתְנִין עָלָיו חֻמְרֵי כֹהֲנִים וְחֻמְרֵי יִשְׂרְאֵלִים. הָיוּ שְׁנֵיהֶם כֹּהֲנִים, הוּא אוֹנֵן עֲלֵיהֶם, וְהֵם אוֹנְנִים עָלָיו. הוּא אֵינוֹ מִטַּמֵּא לָהֶם, וְהֵם אֵינָן מִטַּמְּאִין לוֹ. הוּא אֵינוֹ יוֹרֵשׁ אוֹתָן, אֲבָל הֵם יוֹרְשִׁין אוֹתוֹ. וּפָטוּר עַל מַכָּתוֹ וְעַל קִלְלָתוֹ שֶׁל זֶה וְשֶׁל זֶה, וְעוֹלֶה בְמִשְׁמָרוֹ שֶׁל זֶה וְשֶׁל זֶה, וְאֵינוֹ חוֹלֵק. אִם הָיוּ שְׁנֵיהֶם בְּמִשְׁמָר אֶחָד, נוֹטֵל חֵלֶק אֶחָד:

If one [of the husbands (in the above instance) were an Israelite and the other a Cohein, he (the doubtful son) must marry a woman fit for a Cohein, and he may not make himself unclean for the dead [see 11:5 for this and for what follows.] If he did make himself unclean, he does not receive forty stripes. And he does not eat terumah. If he did eat, he does not pay the principal and a fifth. And he does not share on the threshing floor, and he sells the terumah and the money is his. And he does not share in the offerings of the sanctuary, and he is not given offerings, and we do not take his from his hand, and he is exempt from the shoulder, the cheeks, and the maw, and his first-born (beast) grazes until it is blemished, and there are imposed upon him the stringencies of Cohanim and the stringencies of Israelites. If both were Cohanim, he mourns (each of them) [on the possibility that he is his father; and on the day of his death, he is forbidden to eat consecrated food.] and they mourn him [and on the day of his death, consecrated food is forbidden to both of them. Such an instance, where he sees the death of both and yet is a fit Cohein (not having been made a chalal by marriage to a Cohein after a divorce), so that he may not become unclean for them — such an instance obtains when she were betrothed (to the first) mistakenly, on condition, the condition not having been fulfilled, in which instance she leaves him without a get, and where she remarried within three months (of the death of the first). In such an instance he sees the death of both and yet is a fit Cohein, for which reason he may not become unclean for them.] He may not become unclean for them and they may not become unclean for him. He does not inherit them, [for the heirs push him off, one to the other], but they inherit him [for who can stop them? And they divide the money between themselves]. He is not liable for striking or cursing the one or the other, and he may go up for the watch (mishmar) of the one or the other [to serve, and the men of that watch cannot stop him], but he does share (in the offerings), [for all the men of one watch can push him off to the other.] If both (husbands) were in one watch, he takes one share.

ResourcesAsk RabbiCopyNotesHighlightBookmarkSharePlay
Previous ChapterNext Chapter