Quince mujeres eximen a sus tzaroth ["esposas rivales"] de jalázah [liberación de yibum (matrimonio de levirato)] y de yibum hasta el final (es decir, tzarah de tzarah de tzarah, etc.). [Si uno de ellos estuvo casado con su hermano, quien (con ella) tuvo dos esposas, y él murió sin hijos, ambos están exentos, está escrito (Levítico 18: 8): "Y una mujer junto con su hermana no tomará para ser rivales (litzror) para revelar su desnudez sobre ella ". ¿Cuál es la intención de "sobre ella"? Para enseñar que incluso su yevamah, de quien está escrito (Deuteronomio 25: 5): "Su yavam vendrá sobre ella"—si ella es "una mujer junto con su hermana", no la tomarás. Y lo mismo se aplica a todos los demás arayoth donde obtiene Kareth. Y esto solo me cuenta de ella. ¿De dónde se deriva su tzarah (como también está prohibido)? De "litzror", que implica: no la tomes a ella, ni a su tzarah, ni a la tzarah de su tzarah.] Ellos (las quince mujeres) son: Su hija [Su hija de su anussah (una mujer que él había forzado), como Es el caso de "la hija de su hija" y "la hija de su hijo". Para su hija de su esposa es "baño ishto". Porque como está escrito (Levítico 18:17): "La desnudez de una mujer (ishah) y su hija no revelarás", no importa si es la hija de él o de otra persona. Pero su hija de su anussah no se deriva de ese verso, porque "ishah" connota matrimonio. Se deriva, más bien, de (Ibid. 10): "La desnudez de la hija de su hijo o la hija de su hija"], la hija de su hija, la hija de su hijo, la hija de su esposa, la hija de su hijo, la hija de su hija, su suegra, la madre de su suegra, la madre de su suegro [Todo esto está prohibido para él por ( Ibid. 17): "La desnudez de una mujer y su hija no la revelarás. La hija de su hijo y la hija de su hija, etc.", subsumieron en que están su suegra, la madre de su suegra y la madre de su suegro.], su hermana de su madre [quien se casó con su hermano de su padre, quien murió, como es el caso de la hermana de su madre. Porque yibum obtiene solo con el hermano de su padre, esto se deriva por identidad de "hermandad" de los hijos de Yaakov (véase Deuteronomio 25: 5). Al igual que allí, (todos eran) hermanos del padre, pero no (necesariamente) de la madre, aquí también (en el caso del yibum), no es diferente.], La hermana de su madre, la hermana de su esposa, la esposa de su hermano de su madre, [quien, después de la muerte de su esposo, se casó con su hermano de su padre, con quien no es pariente. Si él murió sin hijos, y ella cayó ante él por yibum, se lo prohíbe por haber sido la esposa de su hermano de su madre, a quien se le prohíbe perpetuamente, está escrito (Levítico 18:16 ): "La desnudez de la esposa de tu hermano", que se expone "tu hermano", ya sea de tu padre o de tu madre.], Y la esposa de su hermano que no estaba en su mundo [por ejemplo, Reuven murió sin niños y después de su muerte, nació un hermano, Levi. Shimon tomó a la esposa de Reuven en yibum. Tenía otra esposa y murió sin hijos. Las dos esposas de Shimon cayeron ante Levi por yibum. Ambos están exentos. La esposa de Reuven que se había casado con Shimon tiene prohibido a Levi en (responsabilidad de) kareth, la Escritura la ha excluido (de yibum), a saber. (Deuteronomio 25: 5): "Cuando los hermanos moran juntos"—cuando ambos tenían "una vivienda" (es decir, cuando vivían simultáneamente) en el mundo. Por lo tanto, cuando Reuven murió, ella quedó perpetuamente prohibida para Levi (al igual que la esposa de un hermano que tiene hijos). Y aunque ahora ella se enamora de Levi a través del matrimonio de Shimon, quien estaba en su mundo, ella está prohibida por razón de Reuven. Y así como ella está prohibida, su tzarah está prohibida] y su nuera. [Su hijo murió y ella se casó con su hermano (el de su suegro). Su nuera está prohibida para él perpetuamente, incluso después de la muerte de su hijo.] Estos (los mencionados) eximen a su tzaroth y al tzaroth de su tzaroth de la jalá y del yibum hasta el final. Y todos ellos— si murieron, o se negaron (su hermano), o se divorciaron, o se descubrió que eran eiloniyoth (estériles) —sus tzaroth están permitidos. [por ejemplo, si su hija murió antes que su hermano, o si ella lo rechazó. Y aunque (normalmente), el rechazo (miun) se obtiene solo con un menor huérfano, que estuvo casado por su madre y sus hermanos, también puede ocurrir en la vida de su padre, como cuando su padre se casó con ella y se divorció cuando sigue siendo menor, en cuyo caso su padre ya no tiene jurisdicción sobre ella. Si luego se casó con el hermano de su padre cuando aún era menor, entonces puede obtener la liberación a través de miun. (Más tarde se la llamará "huérfana en la vida de su padre".) Si ella rechazó a su hermano, o si se divorció de él, o se descubrió que era un eilonith (en cuyo caso "su compra fue errónea" y es como si ella nunca fuera la esposa de su hermano), su tzarah se toma en yibum.] ["eilonith"—de "ayil", un carnero. Las características de un eilonito son: ausencia de senos y de signos (puberales), una voz gruesa, como la de un hombre, y la falta de una "inclinación del vientre", característica de las mujeres, es decir, su pudendum no se proyecta desde ella cuerpo, como el de otras mujeres.] Y no se puede decir de su suegra, la madre de su suegra y la madre de su suegro, que se descubrió que eran eiloniyoth o que se negaron. [Porque ya tuvieron hijos con otro antes de casarse con su hermano. Por lo tanto, no son eiloniyoth. Y miun tampoco obtiene con ellos, siendo adultos, y miun obteniendo solo con menores. En cuanto a que nuestro tanna no incluye a la madre de uno entre las mujeres que eximen a su tzaroth de yibum, él sostiene que no se puede casar con una mujer a la que su padre había forzado o seducido. Pero de acuerdo con el dictamen de que uno puede casarse con ella, y que esta es la halajá, es posible que la madre de uno se case con el hermano de su padre; y si su hermano muere sin hijos, su madre cae ante él por el yibum. De modo que se encuentran dieciséis mujeres que eximen a su tzaroth, siendo su madre una de ellas. Y esta es la halajá.]
Bartenura on Mishnah Yevamot
חמש עשרה נשים פוטרות צרותיהן – for one of them was married to his brother, and he had two wives and died without children, both of them are exempt [Halitzah and levirate marriage] , as it states (Leviticus 18:18): “Do not marry a woman as a rival to her sister and uncover her nakedness in the other’s [lifetime],” for the inference does not teach us about her but rather to teach you that even his sister-in-law (i.e., the widow of a brother who died without issue) that is stated about her (Deuteronomy 25:5): “Her husband’s brother shall unite with her: [he shall take her as his wife and perform the levir’s duty].” If she is “do not marry a woman as a rival to her sister” and the same law applies to the rest of the forbidden relationships [in the Torah] that have [the punishment of] extirpation. But I don’t have anything but her, her rival-wife, from where do we learn this in the Torah? The inference teaches us לצור צרתה (I Samuel 1:6) – “her rival”; from where do we learn in the Torah צרתה? The inference teaches us (Leviticus 18:18): לצרור – “as a rival,” which implies “do not marry,” neither he nor her rival wife, nor the rival of her rival wife.
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English Explanation of Mishnah Yevamot
Introduction
If a woman’s husband dies without children she is liable for yibbum to her husband’s brother. However, if she is forbidden to her husband’s brother because of an incest prohibition, she is not liable for yibbum. Our mishnah teaches which incest prohibitions exempt a woman from being liable for yibbum. Furthermore, the mishnah teaches that not only is the prohibited woman exempt from yibbum, but all of her rival wives (those who were also married to the dead husband) are exempt from yibbum. The mishnah states that this exemption is “ad infinitum”. This means that if one of this woman’s rival wives has yibbum with another brother, one to whom the wife prohibited to the other brother is not prohibited, and then this brother also dies, all of her rival wives from the second marriage are also exempt from yibbum.
We will explain each category of forbidden relationships and try to give concrete examples.
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Bartenura on Mishnah Yevamot
בתו ובת בתו וכו' – regarding his daughter from his outraged wife, and similarly, the daughter of his daughter and the daughter of his son, for whereas his daughter from his wife which is the daughter of his wife for since it is written (Leviticus 18:17): [“Do not uncover the nakedness of] a woman and her daughter,” there is no difference whether it is from him neither there is any difference if it is from another man, but his daughter from his outraged wife, one does not derive from this Biblical verse, because it implies a wife through betrothal/Kiddushin, but it is derived from (Leviticus 18:17): “[nor shall you marry] her son’s daughter or her daughter’s daughter [and uncover her nakedness: they are kindred; it is depravity].”
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English Explanation of Mishnah Yevamot
Fifteen [categories of] women exempt their rival wives and the rival wives of their rival wives and so on ad infinitum from halitzah and from yibbum. And these are they: (1) his daughter, (2) and the daughter of his daughter, (3) and the daughter of his son, (4) and the daughter of his wife, (5) and the daughter of her son (6) and the daughter of her daughter; (7) His mother-in-law and (8) his mother-in-law’s mother, (9) and his father-in-law’s mother; (10) His maternal sister and (11) his mother’s sister and (12) his wife’s sister (13) And his maternal brother’s wife; (14) and the wife of his brother who died before he was born, (15) And his daughter-in-law. All these exempt their rival wives and the rival wives of their rival wives, and so on, ad infinitum, from halitzah and from yibbum. If any of them died, or made a declaration of refusal, or were divorced, or were found incapable of procreation, their rivals are permitted. And you cannot say of a man’s mother-in-law, or the mother of his mother-in-law and of the mother of his father-in-law that they were found incapable of procreation or that they made a declaration of refusal. His daughter: Reuven and Shimon are brothers. Shimon marries Reuven’s daughter (this is permitted) and another woman. If Shimon dies, Reuven cannot perform yibbum with his daughter. Hence, she and her rival wives are exempt from yibbum or halitzah. And the daughter of his daughter, and the daughter of his son: These cases are the same as the case above, except Shimon married Reuven’s granddaughter and not his daughter. And the daughter of his wife and the daughter of her son and the daughter of her daughter: Meaning his wife’s descendents who are not his children. Even though these women are not blood relatives of his, they are still forbidden to him. His mother-in-law and his mother-in-law’s mother, and his father-in-law’s mother: In this case Shimon marries Reuven’ wife’s mother, or Reuven’s wife’s maternal or paternal grandmother. Since these women are all forbidden to Reuven, when Shimon dies without children they and their rival wives are exempt from yibbum. His maternal sister: Reuven and Shimon are paternal brothers. Shimon marries Reuven’s maternal sister. This is permitted since she does not share any parent with Shimon. When Shimon dies, she cannot have yibbum with Reuven, since he is her brother. Therefore, she and her rival wives are exempt. And his mother’s sister: Again, Reuven and Shimon are paternal brothers. Shimon marries Reuven’s mother’s sister, and then dies. Since she, as Reuven’s aunt, is prohibited to him, she and all of her rival wives are exempt from yibbum. And his wife’s sister: Reuven and Shimon marry two sisters. When Shimon dies, Reuven cannot marry his wife’s sister. This will be the typical case mentioned in many subsequent mishnayoth. And his maternal brother’s wife: Reuven and Shimon are maternal brothers and Reuven and Levi are paternal brothers. When Shimon dies Levi marries his widow (not through yibbum). She is permitted to him since Levi and Shimon are not brothers. When Levi dies, Reuven should have to do yibbum with his wife. However, she was originally Shimon’s wife and as Shimon’s wife she would not have had to do yibbum with Reuven, since yibbum is done only with paternal brothers. Since she was originally married to a man who made her forbidden to Reuven (the general prohibition of marrying your brother’s wife is true for both paternal and maternal brothers), she cannot have yibbum with him even after subsequent marriages. And the wife of his brother who died before he was born: Reuven marries a woman and dies before Shimon, his brother, is born. This woman has yibbum with Levi, a different brother. When Shimon grows up, Levi dies without children. Since Shimon was not alive when this woman married Reuven, he cannot have yibbum with her (this is learned exegetically from a verse). She and her rival wives are therefore exempt. And his daughter-in-law: Reuven and Shimon are brothers. When Reuven’s son dies, Shimon marries the widow. When Shimon dies, this woman, who used to be Reuven’s daughter-in-law, becomes liable to yibbum. Since she is forbidden to him, she and all of her rival wives are exempt. If any of them died, or made a declaration of refusal, or were divorced, or were found incapable of procreation, their rivals are permitted: If any of these women who were forbidden to the yavam, and therefore were themselves exempt and caused their rival wives to be exempt, were not married at the time of the brother’s death, the rival wives are permitted to have yibbum. The mishnah lists several ways in which the marriage could have been terminated. The two simplest are death and divorce. The “declaration of refusal” (me’un), refers to a case where an orphan girl’s marriage was arranged by her mother or brother. This type of marriage is different from the usual marriage, which is arranged by the father. Marriage arranged by a mother or brother is only of rabbinic status; therefore the girl has a right to refuse, and thereby annul the marriage upon her reaching majority age. “Incapable of procreation” (aylonit) refers to a woman who never reaches puberty. She is clearly female, but never looks like an adult female, i.e. she has no breasts or puberty hair. [An aylonit is not merely a woman who has not had children. She must also not look like an adult female.] By definition, this type of woman cannot procreate. Since she cannot procreate, she is not liable for yibbum. After all the purpose of yibbum is to have children. Since she is not subject to the laws of yibbum, the fact that she is prohibited to the yavam does not exempt her rival wives. In all of these cases, the brother dies after his marriage to the wife forbidden to his brother has already been terminated. Therefore, the forbidden (former) wives do not exempt their rival wives from yibbum. And you cannot say of a man’s mother-in-law, or the mother of his mother-in-law and of the mother of his father-in-law that they were found incapable of procreation or that they made a declaration of refusal: The mishnah merely points out that three of the above categories cannot fit two of the possibilities for terminating marriage. A woman who has already had children (by definition a mother-in-law has had children) cannot be considered “incapable of procreation”. Nor could she “refuse” a marriage, for refusal of marriage takes place upon reaching majority, and not afterwards.
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Bartenura on Mishnah Yevamot
חמותו ואם חמותו ואם חמיו – all of these are forbidden to him because of (Leviticus 18:17): “Do not uncover the nakedness of a woman and her daughter; nor shall you marry her son’s daughter or her daughter’s daughter [and uncover her nakedness];” there is included within this his mother-in-law, the mother of his mother-in-law and the mother of his father-in-law.
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Bartenura on Mishnah Yevamot
אחותו מאמו – [his sister from his mother] who was married to his brother from his father, and he died, and similarly, the sister of his mother, for there is no levirate marriage, other than with his brother from his father for we derive “his brother, his brother” from the children of Jacob; just as there it is from the father, even though that there are none from the mother, so too here, there is no difference.
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Bartenura on Mishnah Yevamot
ואשת אחיו מאמו – [the wife of his brother from his mother] who died and she married his [the dead husband’s] brother from his father for she was a stranger regarding him, and he died without children and she fell before him for levirate marriage but she is forbidden to him because she was first the wife of his brother from his mother, and is prohibited to him forever, as it is written (Leviticus 18:16): “Do not uncover the nakedness of your brother’s wife; [it is the nakedness of your brother],” and we expound, “your brother,” whether from the father or whether from the mother.
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Bartenura on Mishnah Yevamot
ואשת אחיו שלא היה בעולמו – such as, for example, Reuven who died without children and a brother was born to him after his death and his name is Levi, but Shimon performed levirate marriage with his wife and he has another wife and he died without children, and both of them fell before Levi, both of them are exempt, since the wife of Reuven who married Shimon is forbidden to Levi through [the punishment of] extirpation because Scripture had exempted him from Levirate marriage from Levi, as it states (Deuteronomy 25:5): “When brothers dwell together [and one of them dies and leaves no son the wife of the deceased shall not be married to a stranger, outside of her family: Her husband’s brother shall unite with her: he shall take her as his wife and perform the levir’s duty],” that they had one seating in the world; therefore, when Reuven died , she was forbidden upon Levi forever as the brother’s wife who has children and even though that now she fell from the power of the marriage of Shimon who was prohibited to him in his world on account of Reuven, and just as she is prohibited, so too is her rival wife forbidden.
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Bartenura on Mishnah Yevamot
וכלתו – [his former daughter-in-law – who then married his brother] whose son died, and she married his brother and his daughter-in-law is prohibited to him eternally and even after his son died.
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Bartenura on Mishnah Yevamot
וכולן אם מתו – such as, for example, this son died before the death of his brother ore she refused him, and even though there is no refusal other than with an minor female orphan whose mother or her mothers married her off, it is found regarding her that she refused him during the lifetime of her father, such as, for example, that her father married her off to another and she was divorced while still a minor, her father does not have control over her and she married off to the brothers of her father while she was still a minor, then she goes free through refusal and we call her further on an orphan during the lifetime of [her] father and if she refused his brother or was divorced from him or was found to be a barren woman whose acquisition was an errant purchase, it is as if she was never the wife of his brother, her rival/co-wife engages in a levirate marriage.
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Bartenura on Mishnah Yevamot
אילוני' – the language of a male ram from the sheep and her signs are explained clearly – that she does not have breasts like women and she does not have signs of puberty and her voice is thick like that of a male and she does not have the lower part of her abdomen like women , meaning to say, that this place does not protrude from her body like the lewdness of other women.
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Bartenura on Mishnah Yevamot
ואי אתה יכול לומר וכו' – that they already give birth from another prior to her being married to his brother; therefore, these are not barren women and there is also no refusal, for they are adults and only a minor [woman] may refuse, but our Tanna/teacher does not consider his mother amidst the women who exempt their rival/co-wives, for he holds like the one who holds that a man does not marry the outranged woman of his father and seduced woman of his father, but according to the one who says , that a man may marry the outraged wife of his father and the seduced wife of his and this is Halakha. It is possible that his mother married his brother from his father, and when he dies without children, it is found that his mother falls before her son for levirate marriage, and there are found sixteen women who exempt their rival/co-wives, and is mother is one of them, and this is the Halakha.
