Yevamot 4

הַחוֹלֵץ לִיבִמְתּוֹ, וְנִמְצֵאת מְעֻבֶּרֶת וְיָלָדָה, בִּזְמַן שֶׁהַוָּלָד שֶׁל קְיָמָא, הוּא מֻתָּר בִּקְרוֹבוֹתֶיהָ, וְהִיא מֻתֶּרֶת בִּקְרוֹבָיו, וְלֹא פְסָלָהּ מִן הַכְּהֻנָּה. אֵין הַוָּלָד שֶׁל קְיָמָא, הוּא אָסוּר בִּקְרוֹבוֹתֶיהָ, וְהִיא אֲסוּרָה בִקְרוֹבָיו, וּפְסָלָהּ מִן הַכְּהֻנָּה:

If one gave chalitzah to his yevamah, and she were found to be pregnant, and she gave birth — if the child lived, he may marry her relatives and she may marry his relatives, [this not being chalitzah, chalitzah having been unnecessary. "Her relatives" and "his relatives" of our Mishnah are those forbidden to a man because of his wife, and those forbidden to a woman because of her husband.], and she is not rendered unfit to the priesthood. If the child did not live [i.e., if it were a miscarriage], he is forbidden to her relatives and she is forbidden to his relatives and she is rendered unfit to the priesthood.

הַכּוֹנֵס אֶת יְבִמְתּוֹ, וְנִמְצֵאת מְעֻבֶּרֶת וְיָלָדָה, בִּזְמַן שֶׁהַוָּלָד שֶׁל קְיָמָא, יוֹצִיא וְחַיָּבִין בַּקָּרְבָּן. וְאִם אֵין הַוָּלָד שֶׁל קְיָמָא, יְקַיֵּם. סָפֵק בֶּן תִּשְׁעָה לָרִאשׁוֹן, סָפֵק בֶּן שִׁבְעָה לָאַחֲרוֹן, יוֹצִיא וְהַוָּלָד כָּשֵׁר, וְחַיָּבִין בְּאָשָׁם תָּלוּי:

If one wed his yevamah, and he found her to be pregnant, and she gave birth — if the child lived, he must send her away, and they must bring a (sin-) offering [for he cohabited with his brother's wife outside the context of mitzvah (i.e., yibum), and the child is kasher in any event.] And if the child does not live, she remains with him. If it were not clear whether the child were a nine-month birth of the first or a seven-month birth of the second, he must send her away, the child is kasher, and they must bring a suspended guilt-offering. [For in all instances where one is liable to kareth for wilful transgression, and to a sin-offering for unwitting transgression, he is liable to a suspended sin-offering for possible transgression.]

שׁוֹמֶרֶת יָבָם שֶׁנָּפְלוּ לָהּ נְכָסִים, מוֹדִים בֵּית שַׁמַּאי וּבֵית הִלֵּל שֶׁמּוֹכֶרֶת, וְנוֹתֶנֶת, וְקַיָּם. מֵתָה, מַה יַּעֲשׂוּ בִכְתֻבָּתָהּ וּבַנְּכָסִים הַנִּכְנָסִים וְיוֹצְאִין עִמָּהּ, בֵּית שַׁמַּאי אוֹמְרִים, יַחֲלֹקוּ יוֹרְשֵׁי הַבַּעַל עִם יוֹרְשֵׁי הָאָב. וּבֵית הִלֵּל אוֹמְרִים, נְכָסִים בְּחֶזְקָתָן, כְּתֻבָּה בְּחֶזְקַת יוֹרְשֵׁי הַבַּעַל, נְכָסִים הַנִּכְנָסִים וְיוֹצְאִים עִמָּהּ בְּחֶזְקַת יוֹרְשֵׁי הָאָב:

A shomereth yavam [a woman awaiting yibum] to whom property fell [from her father's house] — Beth Shammai and Beth Hillel concur that she may sell it or give it away, and that it (whatever she does) stands. If she died, what should they do with her kethubah [the hundred or two hundred, and the addition, and the dowry that she brought to him and for which he assumed responsibility] and the property which goes in and out with her [nichsei melog (usufruct), which when she goes in to her husband goes in with her, and which, when she goes out, goes out with her]? Beth Shammai say: The heirs of the husband and the heirs of the father should divide it [for there is a possibility that she is (considered) married (to the yavam), so that the yavam acquires half of her property, a husband inheriting his wife, her being possibly married to him endowing him with half.], and Beth Hillel say: The property [tzon barzel (mortmain)] remains in its status. [And Beth Hillel did not specify whether it reverts to the heirs of the woman, the property having been hers, or to the heirs of the husband, who had assumed responsibility for it. As to the halachah, they divide it even according to Beth Hillel.] Her kethubah is in the status (i.e., the ownership) of the heirs of the husband. The property which goes in and out with her is in the status of the heirs of the father.

כְּנָסָהּ, הֲרֵי הִיא כְאִשְׁתּוֹ לְכָל דָּבָר, וּבִלְבַד שֶׁתְּהֵא כְתֻבָּתָהּ עַל נִכְסֵי בַעְלָהּ הָרִאשׁוֹן:

If he took her (i.e., cohabited with her), she (the yevamah) is like his wife in all respects. [He divorces her with a get and does not require chalitzah, and he can take her back if he wishes, and she does not become forbidden to him.] — only that her kethubah be (bound) to the property of her first husband, [that the land of her first husband be security for her kethubah. And if she lacks a kethubah from her first husband, the yavam writes her a kethubah of a hundred only against his property.]

מִצְוָה בַגָּדוֹל לְיַבֵּם. לֹא רָצָה, מְהַלְּכִין עַל כָּל הָאַחִין. לֹא רָצוּ, חוֹזְרִין אֵצֶל גָּדוֹל וְאוֹמְרִים לוֹ, עָלֶיךָ מִצְוָה, אוֹ חֲלֹץ אוֹ יַבֵּם:

It is a mitzvah for the elder brother to perform the yibum [as we derive from (Deuteronomy 25:5): "And it shall be the first-born, etc." (see 2:8)]. If he demurred, we "go through" all the brothers (in descending order of age). If they demurred, we return to the eldest and say to him: "The mitzvah devolves upon you — either give her chalitzah or take her in yibum!"

תָּלָה בַקָּטָן עַד שֶׁיַּגְדִּיל, אוֹ בַגָּדוֹל עַד שֶׁיָּבֹא מִמְּדִינַת הַיָּם, אוֹ בַחֵרֵשׁ, אוֹ בַשּׁוֹטֶה, אֵין שׁוֹמְעִין לוֹ, אֶלָּא אוֹמְרִים לוֹ, עָלֶיךָ מִצְוָה, אוֹ חֲלֹץ אוֹ יַבֵּם:

If he (one of the brothers) relegated it (yibum) to a (brother who was) a minor, when he would come of age, or to the eldest brother, when he returned from abroad [i.e., If the eldest of the brothers were abroad, and the eldest of the brothers before us relegated it to him, saying: "Wait for him, for he is older than I,"] or to a deaf-mute or a simpleton [until he were "cured"], he is not heeded; but we say to him: "The mitzvah devolves upon you! — either give her chalitzah or take her in yibum." [Even though your brother who is abroad is older than you, since you are the eldest of the brothers before us, the mitzvah devolves upon you"; for mitzvoth are not delayed.]

הַחוֹלֵץ לִיבִמְתּוֹ, הֲרֵי הוּא כְאֶחָד מִן הָאַחִין לַנַּחֲלָה. וְאִם יֶשׁ שָׁם אָב, נְכָסִים שֶׁל אָב. הַכּוֹנֵס אֶת יְבִמְתּוֹ, זָכָה בַנְּכָסִים שֶׁל אָחִיו. רַבִּי יְהוּדָה אוֹמֵר, בֵּין כָּךְ וּבֵין כָּךְ, אִם יֶשׁ שָׁם אָב, נְכָסִים שֶׁל אָב. הַחוֹלֵץ לִיבִמְתּוֹ, הוּא אָסוּר בִּקְרוֹבוֹתֶיהָ, וְהִיא אֲסוּרָה בִקְרוֹבָיו. הוּא אָסוּר בְּאִמָּהּ, וּבְאֵם אִמָּהּ, וּבְאֵם אָבִיהָ, וּבְבִתָּהּ, וּבְבַת בִּתָּהּ, וּבְבַת בְּנָהּ, וּבַאֲחוֹתָהּ בִּזְמַן שֶׁהִיא קַיֶּמֶת. וְהָאַחִין מֻתָּרִין. וְהִיא אֲסוּרָה בְאָבִיו, וּבַאֲבִי אָבִיו, וּבִבְנוֹ, וּבְבֶן בְּנוֹ, בְּאָחִיו, וּבְבֶן אָחִיו. מֻתָּר אָדָם בִּקְרוֹבַת צָרַת חֲלוּצָתוֹ, וְאָסוּר בְּצָרַת קְרוֹבַת חֲלוּצָתוֹ:

If one gives chalitzah to his yevamah, he is as one of the brothers relative to inheritance [and he does not lose his share because he gave chalitzah. (For we might think that he should be penalized for having deprived her of yibum, having rendered her unfit to the other brothers.)] If there is a father, the property (of the dead brother) reverts to the father, [it being written (Deuteronomy 25:6): "And it shall be, the first-born, etc." Just as the first-born inherits nothing in the lifetime of the father, so the yavam. (This is not the halachah; but if one takes a yevamah, he acquires his brother's property, even if the father is alive.] If one weds his yevamah, he acquires the property of his brother. R. Yehudah says: In either event, if the father is alive, the father receives the property. If one gives chalitzah to his yevamah, he is forbidden o her relatives [as if she were his wife. All relatives forbidden by reason of (kinship) with one's wife are forbidden by rabbinical ordinance by reason of (kinship) with his chalutzah], and she is forbidden to his relatives. He is forbidden to her mother, her mother's mother, her father's mother, her daughter, her daughter's daughter, her son's daughter, and her sister so long as she is alive. [This refers to her sister and not to the other arayoth.] And the brothers are permitted (to her relatives). And she is forbidden to his father, his father's father, his son, his son's son, his brother, and his brother's son. One is permitted to the kin of the tzarah of his chalutzah [and we do not say that the tzarah is like the chalutzah, that he is forbidden to the sister of the tzarah of his chalutzah just as he is forbidden to the sister of his chalutzah], and he is forbidden to the tzarah of the kin of his chalutzah. [e.g., Reuven gave chalitzah to Leah, and Rachel (her sister) was married to a stranger. Rachel had a tzarah. If the stranger dies, that tzarah is forbidden to Reuven. The reason: When Leah receives chalitzah, she brings Rachel, her sister, with her to beth-din. People do not know which one of them he has given chalitzah to. Some think that he has given chalitzah to Rachel, so that if he marries Rachel's tzarah, (who is the tzarah of the kin of his chalutzah), they say that he has married the tzarah of his chalutzah, for they think that Rachel and her tzarah are the wives of his brother, his having given chalitzah (as they think) to Rachel. But a yevamah does not bring her tzarah with her when she receives chalitzah. Therefore, if he marries the sister of the tzarah, they do not say that he has married the sister of his chalutzah.]

הַחוֹלֵץ לִיבִמְתּוֹ, וְנָשָׂא אָחִיו אֶת אֲחוֹתָהּ, וָמֵת, חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. וְכֵן הַמְגָרֵשׁ אֶת אִשְׁתּוֹ, וְנָשָׂא אָחִיו אֶת אֲחוֹתָהּ, וָמֵת, הֲרֵי זוֹ פְּטוּרָה מִן הַחֲלִיצָה וּמִן הַיִּבּוּם:

If one gives chalitzah to his yevamah, and his brother married her sister and he died, he gives her chalitzah and does not take her in yibum. Likewise, if one divorces his wife, and his brother married her sister and he died, she is exempt from chalitzah and yibum. [The gemara asks: "Likewise?" Say, rather: But if one divorces his wife, etc. For the sister of one's divorcée is forbidden by the Torah, for which reason she is exempt from chalitzah and from yibum, whereas the sister of one's chalutzah is forbidden only by ordinance of the scribes, for which reason she receives chalitzah and is not taken in yibum.]

שׁוֹמֶרֶת יָבָם שֶׁקִּדֵּשׁ אָחִיו אֶת אֲחוֹתָהּ, מִשּׁוּם רַבִּי יְהוּדָה בֶן בְּתֵירָא אָמְרוּ, אוֹמְרִים לוֹ, הַמְתֵּן עַד שֶׁיַּעֲשֶׂה אָחִיךָ הַגָּדוֹל מַעֲשֶׂה. חָלַץ לָהּ אָחִיו, אוֹ כְנָסָהּ, יִכְנֹס אֶת אִשְׁתּוֹ. מֵתָה הַיְּבָמָה, יִכְנֹס אֶת אִשְׁתּוֹ. מֵת יָבָם, יוֹצִיא אֶת אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו בַּחֲלִיצָה:

A shomereth yavam [a woman awaiting yibum] — if his brother betrothed her sister [If one of the brothers betrothed her sister after the first had fallen before them for yibum, and she were linked (for yibum) to all of them] — In the name of R. Yehudah b. Betheira it was stated: He is told: Wait [before you marry her, lest you violate "the sister of your linked one"] until your elder brother performs an act [i.e., until he either takes her in yibum or gives her chalitzah and dissolves her linkage to you.] When his brother gives her chalitzah or takes her in yibum, he may marry his betrothed. If the yevamah died, he may marry his betrothed. [For even if he had taken her in yibum and she had died, he is permitted to marry her sister.] If the yavam dies [and no other brother remained but the one who had betrothed her sister], he sends out his betrothed with a get, and his brother's wife with chalitzah. [But he does not take her in yibum by reason of "the sister of his divorcée." The gemara rules in accordance with R. Yehudah b. Betheira.]

הַיְבָמָה לֹא תַחֲלֹץ וְלֹא תִתְיַבֵּם, עַד שֶׁיֶּשׁ לָהּ שְׁלֹשָׁה חֳדָשִׁים. וְכֵן כָּל שְׁאָר הַנָּשִׁים לֹא יִתְאָרְסוּ וְלֹא יִנָּשְׂאוּ, עַד שֶׁיִּהְיוּ לָהֶן שְׁלֹשָׁה חֳדָשִׁים. אֶחָד בְּתוּלוֹת וְאֶחָד בְּעוּלוֹת, אֶחָד גְּרוּשׁוֹת וְאֶחָד אַלְמָנוֹת, אֶחָד נְשׂוּאוֹת וְאֶחָד אֲרוּסוֹת. רַבִּי יְהוּדָה אוֹמֵר, הַנְּשׂוּאוֹת יִתְאָרְסוּ, וְהָאֲרוּסוֹת יִנָּשְׂאוּ, חוּץ מִן הָאֲרוּסוֹת שֶׁבִּיהוּדָה, מִפְּנֵי שֶׁלִּבּוֹ גַּס בָּהּ. רַבִּי יוֹסֵי אוֹמֵר, כָּל הַנָּשִׁים יִתְאָרְסוּ, חוּץ מִן הָאַלְמָנָה, מִפְּנֵי הָאִבּוּל:

A yevamah does not receive chalitzah and she is not taken in yibum until after three months. [The reason is given in the gemara, viz. (Deuteronomy 25:7): "If the man shall not desire to take his yevamah, then his yevamah shall go up to the gate" (for chalitzah). But if he does desire, he takes her in yibum — whence: All who are subject to yibum are subject to chalitzah.] Likewise, all other women are not betrothed and are not married until after three months — both virgins [(decreed because of non-virgins)] and betrothed, [(because of married). And this is the halachah. (These three months are ninety days, excluding the day on which her husband died or on which she was divorced, and excluding the day on which she was betrothed.)], non-virgins, divorcées, widows, married or betrothed. R. Yehudah says: The married ones may be betrothed, [its being forbidden (normally) only in order to discriminate between the seed of the first and the seed of the second — so that she not bear a child of doubtful status (Nine months to the first, or seven months to the second?) But this does not apply to those who were betrothed], and the betrothed ones may be married, [not having conceived from the first] — except for the betrothed women in Yehudah, their betrothed being familiar with them. [In Yehudah they would closet the bride with the groom before they were married, so that he would become accustomed to her and disport himself with her, and so that they would not be ashamed at the (first) conjugal union of mitzvah. We are, therefore, apprehensive that he might have lived with her at that time.] R. Yossi says: All women may become betrothed, except a widow, because of her mourning. [Because R. Yehudah does not distinguish between a widow and a divorcée, and permits a widow to become betrothed even within the thirty days of her mourning, R. Yossi comes to differ with him on this, and he forbids a widow to become betrothed within the thirty days of her mourning.]

אַרְבָּעָה אַחִין נְשׂוּאִין אַרְבַּע נָשִׁים, וָמֵתוּ, אִם רָצָה הַגָּדוֹל שֶׁבָּהֶם לְיַבֵּם אֶת כֻּלָּן, הָרְשׁוּת בְּיָדוֹ. מִי שֶׁהָיָה נָשׂוּי לִשְׁתֵּי נָשִׁים, וָמֵת, בִּיאָתָהּ אוֹ חֲלִיצָתָהּ שֶׁל אַחַת מֵהֶן פּוֹטֶרֶת צָרָתָהּ. הָיְתָה אַחַת כְּשֵׁרָה, וְאַחַת פְּסוּלָה, אִם הָיָה חוֹלֵץ, חוֹלֵץ לַפְּסוּלָה. וְאִם הָיָה מְיַבֵּם, מְיַבֵּם לַכְּשֵׁרָה:

If four brothers were married to four women, and they died — if the eldest brother wishes to take all of them in yibum, he may do so. [The same applies to a greater number. If he can maintain them all, he may take them all. "Four" is stated as "goodly counsel," viz." Four and not more, so that he may fulfill his conjugal obligation with each at least once a month.] If one were married to two women and he died, living with one of them or giving her chalitzah exempts her tzarah [and he does not take both in yibum, it being written (Deuteronomy 25:9): "…who would not build the house of his brother" — he builds one house and not two. And he does not give chalitzah to both, for whoever is not subject to yibum is not subject to chalitzah. And since both together are not subject to yibum (as stated: "He builds one house, etc."), they, likewise, are not subject to chalitzah.] If one of the women were kasher (for the priesthood), and the other, unfit — if he gives chalitzah, he gives it to the one who is unfit [so that he not disqualify the fit one from (marrying into) the priesthood. For a chalutzah is unfit for the priesthood. "Let one not pour out the waters of his well if others have need of them."], and if he elects yibum, he takes the one who is fit.

הַמַּחֲזִיר גְּרוּשָׁתוֹ, וְהַנּוֹשֵׂא חֲלוּצָתוֹ, וְהַנּוֹשֵׂא קְרוֹבַת חֲלוּצָתוֹ, יוֹצִיא, וְהַוָּלָד מַמְזֵר, דִּבְרֵי רַבִּי עֲקִיבָא. וַחֲכָמִים אוֹמְרִים, אֵין הַוָּלָד מַמְזֵר. וּמוֹדִים בְּנוֹשֵׂא קְרוֹבַת גְּרוּשָׁתוֹ, שֶׁהַוָּלָד מַמְזֵר:

One who takes back his divorcée [after she has remarried], and one who marries his chalutzah, [who is forbidden to him by (Deuteronomy 25:9): "who would not build his brother's house" — Once he did not build it (by having given chalitzah), he may build it no more], and one who marries the kin of his chalutzah, [R. Akiva holding that his chalutzah is like his wife, Scripture having referred to her as his "house," viz. (Ibid. 10): "the house of the removed shoe" (chalutz hana'al), and R. Akiva holding, too, that the child of an interdicted marriage is a mamzer. (The halachah is not so.)] must send her out and the child is a mamzer. These are the word of R. Akiva. And the sages say: The child is not a mamzer. And they concede that if one marries the kin of his divorcée, the child is a mamzer, [for his divorcée is like his wife, and her mother and her sister are under krithuth interdict.]

אֵיזֶהוּ מַמְזֵר, כָּל שְׁאֵר בָּשָׂר שֶׁהוּא בְלֹא יָבֹא דִּבְרֵי רַבִּי עֲקִיבָא. שִׁמְעוֹן הַתִּימְנִי אוֹמֵר, כָּל שֶׁחַיָּבִין עָלָיו כָּרֵת בִּידֵי שָׁמַיִם. וַהֲלָכָה כִדְבָרָיו. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, כָּל שֶׁחַיָּבִים עָלָיו מִיתַת בֵּית דִּין. אָמַר רַבִּי שִׁמְעוֹן בֶּן עַזַּאי, מָצָאתִי מְגִלַּת יֻחֲסִין בִּירוּשָׁלַיִם וְכָתוּב בָּהּ, אִישׁ פְּלוֹנִי מַמְזֵר מֵאֵשֶׁת אִישׁ, לְקַיֵּם דִּבְרֵי רַבִּי יְהוֹשֻׁעַ. אִשְׁתּוֹ שֶׁמֵּתָה, מֻתָּר בַּאֲחוֹתָהּ. גֵּרְשָׁהּ וָמֵתָה, מֻתָּר בַּאֲחוֹתָהּ. נִשֵּׂאת לְאַחֵר וָמֵתָה, מֻתָּר בַּאֲחוֹתָהּ. יְבִמְתּוֹ שֶׁמֵּתָה, מֻתָּר בַּאֲחוֹתָהּ. חָלַץ לָהּ וָמֵתָה, מֻתָּר בַּאֲחוֹתָהּ:

Which is a mamzer? (The child of) any kin with whom marriage is interdicted. These are the words of R. Akiva. Shimon Hatemani says: (The child of) all kin with whom marriage is interdicted by kareth at the hands of heaven, [but not (merely) by negative commandment]. And this is the halachah [i.e., that the child of a kareth-interdicted marriage is a mamzer (except the child of a niddah), but the child of a marriage interdicted by negative commandment (alone) is not a mamzer.] R. Yehoshua says: All kin with whom marriage is interdicted by judicial death penalty. R. Shimon b. Azzai said: I found a pedigree-scroll in Jerusalem, in which it was written: "Such and such is a mamzer from an adulterous union (in confirmation of the word of R. Yehoshua.) If one's wife died, he may marry her sister. If he divorced her and she died, he may marry her sister. If she married another and she died, he may marry her sister. If one's yevamah died, he may marry her sister. If he gave her chalitzah and she died, he may marry her sister.