Mishnah
Mishnah

Yevamot 5

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1

רַבָּן גַּמְלִיאֵל אוֹמֵר, אֵין גֵּט אַחַר גֵּט, וְלֹא מַאֲמָר אַחַר מַאֲמָר, וְלֹא בְעִילָה אַחַר בְּעִילָה, וְלֹא חֲלִיצָה אַחַר חֲלִיצָה. וַחֲכָמִים אוֹמְרִים, יֵשׁ גֵּט אַחַר גֵּט, וְיֵשׁ מַאֲמָר אַחַר מַאֲמָר, אֲבָל לֹא אַחַר בְּעִילָה וְלֹא אַחַר חֲלִיצָה כְּלוּם:

R. Gamliel says: There is no get after a get. [Two yevamoth to one yavam from one brother. If he gave a get to the first one and then to the second one, the kin of the second are not forbidden to him as the kin of his divorcée. For when he gave a get to the first one, the linkage of both of them to him was dissolved. For a get avails with a yevamah to render him (the giver) "who would not build his brother's house," so that neither he nor the other brothers can take her in yibum — neither her nor her tzarah. Therefore, if he gives a second get to the second one, his act is meaningless. It is as if he were to give a get to a strange woman. The same applies to two yavmin, each of whom gave one yevamah a get. The get of the latter is meaningless and he is permitted to marry her kin.] And there is no ma'amar after a ma'amar, [both with two yavmin to one yevamah, and one yavam to two yevamoth. The second ma'amar is meaningless. She does not require a get from him, and he is permitted to her kin.] And there is no chalitzah after chalitzah. The sages say: There is a get after a get. [The first does not completely dissolve the linkage; for she requires chalitzah. Therefore, there is still partial linkage, and the second get avails to render the second one his divorcée and to forbid her kin to him. And this is the halachah.] And there is a ma'amar after a ma'amar. But there is nothing after cohabitation and after chalitzah.

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2

כֵּיצַד. עָשָׂה מַאֲמָר בִּיבִמְתּוֹ, וְנָתַן לָהּ גֵּט, צְרִיכָה הֵימֶנּוּ חֲלִיצָה. עָשָׂה מַאֲמָר וַחֲלִיצָה, צְרִיכָה הֵימֶנּוּ גֵט. עָשָׂה מַאֲמָר וּבָעַל, הֲרֵי זוֹ כְמִצְוָתָהּ:

How? [This does not refer to the previous dispute, but is an independent statement referring to one yavam and one yevamah, viz.: How (i.e., What) is the halachah in the instance of one yavam and one yevamah? If he made a ma'amar in his yevamah and gave her a get, she requires chalitzah from him. And if he wishes to wed her, he may not do so; for since he began to divorce her, "who would not build his brother's house" obtains.] If he made a ma'amar and chalitzah, she requires a get from him. [For chalitzah dissolves the (yibum) linkage, and the get is required to dissolve her betrothal, chalitzah not dissolving betrothal.] If he made a ma'amar and cohabited with her, this is in keeping with the mitzvah.

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3

נָתַן גֵּט וְעָשָׂה מַאֲמָר, צְרִיכָה גֵט וַחֲלִיצָה. נָתַן גֵּט וּבָעַל, צְרִיכָה גֵט וַחֲלִיצָה. נָתַן גֵּט וְחָלַץ, אֵין אַחַר חֲלִיצָה כְלוּם. חָלַץ וְעָשָׂה מַאֲמָר, נָתַן גֵּט, וּבָעַל, אוֹ בָעַל וְעָשָׂה מַאֲמָר, נָתַן גֵּט וְחָלַץ, אֵין אַחַר חֲלִיצָה כְלוּם. אַחַת יְבָמָה אַחַת לְיָבָם אֶחָד, וְאַחַת שְׁתֵּי יְבָמוֹת לְיָבָם אֶחָד:

If he gave a get and made a ma'amar, she requires a get and chalitzah. [For the get pushes away (the linkage) a little and leaves over a little, and the ma'amar acquires what the get has left over. Therefore, she requires a get for his ma'amar and chalitzah for his (yibum) linkage.] If he gave a get and cohabited with her, she requires a get and chalitzah. [He may not remain with her, for from the time he gave her the get, "who would not build" obtains, so that she requires a get for his cohabitation and chalitzah for his linkage.] If he gave her a get and chalitzah, there is nothing after chalitzah. [This Mishnah is in accordance with R. Akiva, who says that betrothal does not obtain with those interdicted by negative commandment. But this is not the halachah. The halachah is in accordance with the sages, who say that there is something after chalitzah, so that if he betroths her after chalitzah, she requires a get from him.] If he gave her chalitzah and made a ma'amar, or (if he gave her chalitzah and then) gave her a get or cohabited with her, or if he cohabited with her and gave her a ma'amar, or (if he cohabited with her) and then he gave her a get or chalitzah — there is nothing after chalitzah. This is so both in the instance of one yevamah to one yavam and in the instance of two yevamoth to one yavam. [They are the same in that there is something after the first get or after the first ma'amar; and there is nothing after initial cohabitation or after chalitzah.]

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4

כֵּיצַד. עָשָׂה מַאֲמָר בָּזוֹ וּמַאֲמָר בָּזוֹ, צְרִיכוֹת שְׁנֵי גִטִּין וַחֲלִיצָה. מַאֲמָר בָּזוֹ וְגֵט בָּזוֹ, צְרִיכָה גֵט וַחֲלִיצָה. מַאֲמָר בָּזוֹ וּבָעַל אֶת זוֹ, צְרִיכוֹת שְׁנֵי גִטִּין וַחֲלִיצָה. מַאֲמָר בָּזוֹ וְחָלַץ לָזוֹ, הָרִאשׁוֹנָה צְרִיכָה גֵט. גֵּט לָזוֹ וְגֵט לָזוֹ, צְרִיכוֹת הֵימֶנּוּ חֲלִיצָה. גֵּט לָזוֹ וּבָעַל אֶת זוֹ, צְרִיכָה גֵט וַחֲלִיצָה. גֵּט לָזוֹ וּמַאֲמָר בָּזוֹ, צְרִיכָה גֵט וַחֲלִיצָה. גֵּט לָזוֹ וְחָלַץ לָזוֹ, אֵין אַחַר חֲלִיצָה כְּלוּם:

How? [i.e., What is the halachah?] If he made a ma'amar in one, two gittin are required [for the two yevamoth, according to the rabbis, there being a ma'amar after a ma'amar], and chalitzah [for one of them, who exempts her tzarah.] If he made a ma'amar in one and gave a get to the other, a get and chalitzah are required. [The get of the latter invalidates the ma'amar of the former, "who would not build" obtaining, so that a get is required for his ma'amar and chalitzah for his linkage.] If he gave a ma'amar to one and cohabited with the other, two gittin are required, [a get for his ma'amar and a get for his cohabitation], and chalitzah [to one of them, who exempts her tzarah.] If he gave a ma'amar to one and chalitzah to the other, the first requires a get. If he gave a get to one and a get to the other, chalitzah (to one of them) is required. If he gave a get to one and cohabited with the other, a get and chalitzah are required. And he is forbidden to keep her, ["who would not build" obtaining because of the get of the first. And a get does not suffice for the one he cohabited with, it being an unfit cohabitation. If he gave a get to one and a ma'amar to the other, a get and chalitzah are required. If he gave a get to one and chalitzah to the other, there is nothing after chalitzah. [And if he then betroths her or her tzarah, the betrothal does not "take," as per R. Akiva, who holds that betrothal does not obtain with those interdicted by negative commandment. And this is not the halachah.]

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5

חָלַץ וְחָלַץ, אוֹ חָלַץ וְעָשָׂה מַאֲמָר, נָתַן גֵּט וּבָעַל, אוֹ בָעַל וּבָעַל, אוֹ בָעַל וְעָשָׂה מַאֲמָר, נָתַן גֵּט וְחָלַץ, אֵין אַחַר חֲלִיצָה כְלוּם, בֵּין יָבָם אֶחָד לִשְׁתֵּי יְבָמוֹת, בֵּין שְׁנֵי יְבָמִין לִיבָמָה אֶחָת:

If he gave chalitzah (to one) and gave chalitzah (to the other), or gave chalitzah and a ma'amar, or (after chalitzah) gave a get or cohabited, or cohabited and cohabited, or cohabited and made a ma'amar, or (after cohabitation) gave a get or chalitzah [In all of these instances he is permitted to the kin of the second, for after the chalitzah of the first, there is no yibum linkage, so that the chalitzah of the second is meaningless, and she is not rendered unfit, even for (marriage to) the priesthood. Likewise, if he gave chalitzah to one and a ma'amar to the other, or if he gave a get to the second after the chalitzah of the first, or if he cohabited with the second after the chalitzah of the first, his second act is meaningless. Or if he cohabited with the first and then with the second, or if he cohabited with the first and made a ma'amar in the second, or if (after cohabiting with the first), he gave a get to the second or chalitzah to the second, there is nothing after cohabitation, and his second act is meaningless, and he is permitted to the kin of the second] — there is nothing after chalitzah. [This refers to the first part; and, for the second part, "there is nothing after cohabitation" is presupposed], whether it be an instance of one yavam to two yavamoth, or of two yavmin to one yevamah.

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6

חָלַץ וְעָשָׂה מַאֲמָר, נָתַן גֵּט וּבָעַל, אוֹ בָעַל וְעָשָׂה מַאֲמָר, וְנָתַן גֵּט וְחָלַץ, אֵין אַחַר חֲלִיצָה כְלוּם, בֵּין בַּתְּחִלָּה, בֵּין בָּאֶמְצַע, בֵּין בַּסּוֹף. וְהַבְּעִילָה, בִּזְמַן שֶׁהִיא בַתְּחִלָּה, אֵין אַחֲרֶיהָ כְלוּם. בָּאֶמְצַע וּבַסּוֹף, יֵשׁ אַחֲרֶיהָ כְלוּם. רַבִּי נְחֶמְיָה אוֹמֵר, אַחַת בְּעִילָה וְאַחַת חֲלִיצָה, בֵּין בַּתְּחִלָּה, בֵּין בָּאֶמְצַע, בֵּין בַּסּוֹף, אֵין אַחֲרֶיהָ כְלוּם:

If he gave her chalitzah and made a ma'amar, or (if he gave her chalitzah and then) gave her a get or cohabited with her, or if he cohabited with her and gave her a ma'amar, or (if he cohabited with her) and then gave her a get or chalitzah — there is nothing after chalitzah [This refers to one yavam and one yevamah. And though this was stated above (5:3), it is re-stated here because of what follows, where a distinction is made between cohabitation and chalitzah. For with chalitzah, whether in the beginning, the middle, or the end, there is nothing after it, whereas with cohabitation, there is nothing after it only when it comes in the beginning. And it also introduces the dispute between R. Nechemiah and the rabbis.] — whether in the beginning, or the middle, [as when he gave a get to one and chalitzah to the other, and then made a ma'amar in the second or in the first; the ma'amar is of no avail, and a get is not required for it], or in the end. [If he gave chalitzah after a ma'amar or a get, there is nothing after it, and it is a bona fide chalitzah. And if he made a ma'amar thereafter, no get is required after it. For chalitzah constitutes divorce though it be a defective chalitzah.] And cohabitation — when it comes at the beginning, there is nothing after it. In the middle [as when he gave a get to one, and cohabited with another, and gave a ma'amar to the third, he is forbidden to her (the third's) kin] and in the end, there is something after it. [If he gave a get to one, and a ma'amar to another, and cohabited with a third, yibum linkage still obtains after this cohabitation; and to send her away, chalitzah is required, a get not sufficing.] R. Nechemiah says: Both cohabitation and chalitzah — both in the beginning, the middle, or the end, there is nothing after it [and she goes out with a get, without chalitzah. And if he betroths the other after cohabitation, his act is meaningless.]

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