Yevamot 3

אַרְבָּעָה אַחִין, שְׁנַיִם מֵהֶן נְשׂוּאִים שְׁתֵּי אֲחָיוֹת, וּמֵתוּ הַנְּשׂוּאִים אֶת הָאֲחָיוֹת, הֲרֵי אֵלּוּ חוֹלְצוֹת וְלֹא מִתְיַבְּמוֹת. וְאִם קָדְמוּ וְכָנְסוּ, יוֹצִיאוּ. רַבִּי אֱלִיעֶזֶר אוֹמֵר, בֵּית שַׁמַּאי אוֹמְרִים יְקַיְּמוּ, וּבֵית הִלֵּל אוֹמְרִים יוֹצִיאוּ:

If there were four brothers, two of them married to two sisters, and they died, the surviving two perform chalitzah, but not yibum. [For since both women are linked to each brother, the first to perform yibum violates "the sister of his linked one," who is like his wife.] If they were beforehand and married them, they must send them away. R. Eliezer says in the name of Beth Shammai: They may keep them, and Beth Hillel say: They must send them away. [The gemara reverses this, viz.: Beth Shammai say: They must send them away, and Beth Hillel say: They may keep them. For in all places, Beth Shammai's is the stringent ruling, and Beth Hillel's the lenient, except for those noted instances where the opposite is the case. And in general we say: "Beth Shammai in the place of Beth Hillel is not a Mishnah." That is, wherever we find in the Mishnah that Beth Shammai's is the lenient ruling (where it is wont to be Beth Hillel's, so that Beth Shammai stands in the place of Beth Hillel), we assume it to be not a (bona fide) Mishnah, but mistaken, and we reverse it (unless it be one of the noted Mishnayoth where Beth Shammai takes the lenient view and Beth Hillel the stringent one. And in Eduyoth, it is listed in the name of R. Eliezer among the lenient rulings of Beth Shammai and the stringent ones of Beth Hillel.)]

הָיְתָה אַחַת מֵהֶן אֲסוּרָה עַל הָאֶחָד אִסּוּר עֶרְוָה, אָסוּר בָּהּ וּמֻתָּר בַּאֲחוֹתָהּ, וְהַשֵּׁנִי אָסוּר בִּשְׁתֵּיהֶן אִסּוּר מִצְוָה וְאִסּוּר קְדֻשָּׁה, חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת:

If one of them were forbidden to one of the brothers as an issur ervah [e.g., his mother-in-law or her mother], he is forbidden to take her and permitted to take her sister [for she is not "the sister of his linked one," an ervah not falling before him for yibum], and the second brother is forbidden to take both. If (one of them were forbidden as an) issur mitzvah or an issur kedushah [who, by Torah ordinance, falls before him for yibum, for which reason her sister is forbidden to him as "the sister of his linked one"], they receive chalitzah and are not taken in yibum.

הָיְתָה אַחַת מֵהֶן אֲסוּרָה עַל זֶה אִסּוּר עֶרְוָה, וְהַשְּׁנִיָּה אֲסוּרָה עַל זֶה אִסּוּר עֶרְוָה, הָאֲסוּרָה לָזֶה מֻתֶּרֶת לָזֶה, וְהָאֲסוּרָה לָזֶה מֻתֶּרֶת לָזֶה. וְזוֹ הִיא שֶׁאָמְרוּ, אֲחוֹתָהּ כְּשֶׁהִיא יְבִמְתָּהּ, אוֹ חוֹלֶצֶת אוֹ מִתְיַבֶּמֶת:

If one of them were forbidden to one brother as issur ervah, and the other to the other as issur ervah, the woman forbidden to the first is permitted to the second, and the one forbidden to the second is permitted to the first. And this is the intent of (2:3): "If her sister were her yevamah, she either receives chalitzah or is taken in yibum." [For she is not "the sister of his linked one," an ervah not falling before him for yibum.]

שְׁלֹשָׁה אַחִין, שְׁנַיִם מֵהֶן נְשׂוּאִין שְׁתֵּי אֲחָיוֹת, אוֹ אִשָּׁה וּבִתָּהּ, אוֹ אִשָּׁה וּבַת בִּתָּהּ, אוֹ אִשָּׁה וּבַת בְּנָהּ, הֲרֵי אֵלּוּ חוֹלְצוֹת וְלֹא מִתְיַבְּמוֹת. וְרַבִּי שִׁמְעוֹן פּוֹטֵר. הָיְתָה אַחַת מֵהֶן אֲסוּרָה עָלָיו אִסּוּר עֶרְוָה, אָסוּר בָּהּ וּמֻתָּר בַּאֲחוֹתָהּ. אִסּוּר מִצְוָה אוֹ אִסּוּר קְדֻשָּׁה, חוֹלְצוֹת וְלֹא מִתְיַבְּמוֹת:

If there were three brothers, two of them married to two sisters, or to a woman and her daughter, or to a woman and her daughter's daughter, or to a woman and her son's daughter, they receive chalitzah, but are not taken in yibum, and R. Shimon exempts them (from chalitzah). [R. Shimon's rationale (Leviticus 18:18): "And a woman together with her sister you shall not take litzror" — When both become tzaroth to each other — as in this case, when both are linked to him for yibum — there shall be no "taking" neither in the one nor in the other. The halachah is not in accordance with R. Shimon.] If one of them were forbidden to him as an issur ervah, he is forbidden to take her and permitted to take her sister. If she were forbidden to him as an issur mitzvah or as an issur kedushah, they receive chalitzah and are not taken in yibum.

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!"

שְׁלֹשָׁה אַחִין, שְׁנַיִם מֵהֶן נְשׂוּאִים שְׁתֵּי אֲחָיוֹת, וְאֶחָד נָשׂוּי נָכְרִית, מֵת אֶחָד מִבַּעֲלֵי אֲחָיוֹת, וְכָנַס נָשׂוּי נָכְרִית אֶת אִשְׁתּוֹ, וָמֵת, הָרִאשׁוֹנָה יוֹצְאָה מִשּׁוּם אֲחוֹת אִשָּׁה, וּשְׁנִיָּה מִשּׁוּם צָרָתָהּ. עָשָׂה בָהּ מַאֲמָר, וָמֵת, נָכְרִית חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. שְׁלֹשָׁה אַחִים, שְׁנַיִם מֵהֶם נְשׂוּאִים שְׁתֵּי אֲחָיוֹת, וְאֶחָד נָשׂוּי נָכְרִית, מֵת הַנָּשׂוּי נָכְרִית, וְכָנַס אֶחָד מִבַּעֲלֵי אֲחָיוֹת אֶת אִשְׁתּוֹ, וָמֵת, הָרִאשׁוֹנָה יוֹצְאָה מִשּׁוּם אֲחוֹת אִשָּׁה, וּשְׁנִיָּה מִשּׁוּם צָרָתָהּ. עָשָׂה בָהּ מַאֲמָר, וָמֵת, נָכְרִית חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת:

If there were three brothers, two of them married to two sisters, and one of them married to a stranger [i.e., kin to neither of the wives] — if one of the sisters' husbands died, and the one married to the stranger took his wife (in yibum) and then died, the first (the one taken in yibum) goes out by reason of "his sister's wife," and the second (the stranger) by reason of being her tzarah. If he made a ma'amar in her and he died, the "stranger" receives chalitzah and is not taken in yibum. [The same applies even if he did not make a ma'amar in her and he died — the "stranger" receives chalitzah, but not yibum, being the tzarah of the sister of his wife by linkage. "If he made a ma'amar" was stated in exception to the ruling of Beth Shammai, who say that ma'amar constitutes bona fide betrothal, so that even chalitzah is not required. We are hereby apprised that chalitzah is required.] If there were three brothers, two of them married to two sisters, and one of them married to a stranger — if the one married to a stranger died, and one of those married to the sisters took the "stranger" in yibum and he died, the first goes out by reason of "the sister of his wife," and the second by reason of being her tzarah. If he made a ma'amar in her and he died, the "stranger" receives chalitzah and is not taken in yibum.

שְׁלֹשָׁה אַחִים, שְׁנַיִם מֵהֶן נְשׂוּאִים שְׁתֵּי אֲחָיוֹת, וְאֶחָד נָשׂוּי נָכְרִית, מֵת אֶחָד מִבַּעֲלֵי אֲחָיוֹת, וְכָנַס נָשׂוּי נָכְרִית אֶת אִשְׁתּוֹ, וּמֵתָה אִשְׁתּוֹ שֶׁל שֵׁנִי, וְאַחַר כָּךְ מֵת נָשׂוּי נָכְרִית, הֲרֵי זוֹ אֲסוּרָה עָלָיו עוֹלָמִית, הוֹאִיל וְנֶאֶסְרָה עָלָיו שָׁעָה אֶחָת. שְׁלֹשָׁה אַחִים, שְׁנַיִם מֵהֶן נְשׂוּאִין שְׁתֵּי אֲחָיוֹת, וְאֶחָד נָשׂוּי נָכְרִית, גֵּרֵשׁ אֶחָד מִבַּעֲלֵי אֲחָיוֹת אֶת אִשְׁתּוֹ, וּמֵת נָשׂוּי נָכְרִית, וּכְנָסָהּ הַמְּגָרֵשׁ, וָמֵת, זוֹ הִיא שֶׁאָמְרוּ, וְכֻלָּן שֶׁמֵּתוּ אוֹ נִתְגָּרְשׁוּ, צָרוֹתֵיהֶן מֻתָּרוֹת:

If there were three brothers, two of them married to two sisters, and one of them married to a stranger — if one of the sisters' husbands died, and the one married to the stranger took his wife (in yibum), and the wife of the second died, and then the one married to the stranger died, she (the one taken in yibum) is forbidden to him (the surviving brother) forever, since she was forbidden to him at one time [at the first falling (for yibum), when she fell from his first brother, at which time his wife (her sister) was alive, so that she was forbidden to him just as the wife of a brother who had children. As to her tzarah, the stranger, the ruling for her is not given. It stands to reason that she is given chalitzah and not taken in yibum.] If there were three brothers, two of them married to two sisters, and one of them married to a stranger — if one of the sisters' husbands divorced his wife, and the one married to the stranger died, and the one who had divorced his wife died took the stranger (in yibum) and he died — of such an instance it was stated: "And all, if they died or if they were divorced, their tzaroth are permitted."

וְכֻלָּן שֶׁהָיוּ בָהֶן קִדּוּשִׁין אוֹ גֵרוּשִׁין בְּסָפֵק, הֲרֵי אֵלּוּ צָרוֹת, חוֹלְצוֹת וְלֹא מִתְיַבְּמוֹת. כֵּיצַד סְפֵק קִדּוּשִׁין, זָרַק לָהּ קִדּוּשִׁין, סָפֵק קָרוֹב לוֹ סָפֵק קָרוֹב לָהּ, זֶהוּ סְפֵק קִדּוּשִׁין. סְפֵק גֵּרוּשִׁין, כָּתַב בִּכְתַב יָדוֹ וְאֵין עָלָיו עֵדִים, יֵשׁ עָלָיו עֵדִים וְאֵין בּוֹ זְמָן, יֶשׁ בּוֹ זְמָן וְאֵין בּוֹ אֶלָּא עֵד אֶחָד, זֶהוּ סְפֵק גֵּרוּשִׁין:

And all of them [the fifteen arayoth], if they [his brothers] had in them (a) possible (relationship of) betrothal or divorce, [in which case there is a possibility of tzarath ervah], she (the tzarah) receives chalitzah and is not taken in yibum. What is an instance of possibility of betrothal? If he threw [the instrument of] betrothal to her, and it (landed) possibly closer to him (in which case she is not betrothed), possibly closer to her (in which case she is betrothed) [as when there were exactly eight cubits between them in the public domain, one's four cubits effecting acquisition for him there, and he threw it — possibly in his four cubits, possibly in hers] — this is (an instance of) "possibility of betrothal." (What is an instance of) possibility of divorce? If he wrote the get in his hand, but witnesses were lacking; or if there were witnesses, but the date were lacking; or if there were a date, but only one witness — this is (an instance of) "possibility of divorce."

שְׁלֹשָׁה אַחִין נְשׂוּאִין שָׁלֹשׁ נָכְרִיוֹת, וּמֵת אַחַד מֵהֶן, וְעָשָׂה בָהּ הַשֵּׁנִי מַאֲמָר, וָמֵת, הֲרֵי אֵלּוּ חוֹלְצוֹת וְלֹא מִתְיַבְּמוֹת, שֶׁנֶאֱמַר (דברים כה), וּמֵת אַחַד מֵהֶם יְבָמָהּ יָבֹא עָלֶיהָ, שֶׁעָלֶיהָ זִקַּת יָבָם אֶחָד, וְלֹא שֶׁעָלֶיהָ זִקַּת שְׁנֵי יְבָמִין. רַבִּי שִׁמְעוֹן אוֹמֵר, מְיַבֵּם לְאֵיזוֹ שֶׁיִּרְצֶה, וְחוֹלֵץ לַשְּׁנִיָּה. שְׁנֵי אַחִין נְשׂוּאִין לִשְׁתֵּי אֲחָיוֹת, וּמֵת אַחַד מֵהֶן, וְאַחַר כָּךְ מֵתָה אִשְׁתּוֹ שֶׁל שֵׁנִי, הֲרֵי זוֹ אֲסוּרָה עָלָיו עוֹלָמִית, הוֹאִיל וְנֶאֶסְרָה עָלָיו שָׁעָה אֶחָת:

If there were three brothers married to three strangers, and the wife of one of them died, and the second made a ma'amar in her and died, they receive chalitzah and are not taken in yibum, it being written (Deuteronomy 25:5): "…and one of them dies … then her yavam (singular) shall come upon her" — when the linkage of one yavam, and not two, is upon her. [For so long as he (the one who made the ma'amar) did not marry her, the linkage of the first is still upon him, and there is added to it the linkage of the second by way of the ma'amar; and when he dies, there remains upon her the linkage of two yavmin.] R. Shimon says: He may take either one in yibum [He holds that we are in doubt as to whether ma'amar acquires completely or does not acquire at all. Therefore, he can take either one in yibum. For if ma'amar acquires, she has only the linkage of the second upon her; and if it does not acquire, she has only the linkage of the first.], and he gives chalitzah to the other. [For one is not exempt by the (sexual) taking of the other (in marriage). For it may be that ma'amar does not acquire, in which instance there are "two yevamoth coming from two houses." And he cannot take both in yibum, for it may be that ma'amar does acquire, in which instance there are two yevamoth coming from one house." The halachah is not in accordance with R. Shimon. And even though we say in our Mishnah that according to Scripture there is (such a thing as) linkage of two yavmin, as indicated by: "Her yavam (singular) shall come upon her," in the gemara it is shown that it obtains only by rabbinical ordinance, lest it be said that two yevamoth coming from one house are taken in yibum.] If there were two brothers married to two sisters and one of them died, and then the wife of the second one died, she is forbidden to him forever, since she was forbidden to him at one time. (See 3:7).

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.]