Quinze femmes exemptent leurs tsaroth ["épouses rivales"] de chalitzah [libération du yibum (mariage lévirat)] et du yibum tout le long de la ligne (c'est-à-dire, tsarah de tsarah de tsarah, etc.). [Si l'un d'eux était marié à son frère, qui (avec elle) avait deux femmes, et qu'il est mort sans enfants, ils sont tous les deux exemptés, il est écrit (Lévitique 18: 8): "Et une femme avec sa sœur vous ne prendra pas pour rivaux (litzror) pour révéler sa nudité sur elle. " Quelle est l'intention de «sur elle»? Pour enseigner que même son yevamah, dont il est écrit (Deutéronome 25: 5): "Son yavam viendra sur elle"—si elle est «une femme avec sa sœur», vous ne la prendrez pas. Et la même chose s'applique à tous les autres arayoth où Kareth obtient. Et cela ne me parle que d'elle. D'où vient sa tsarah (comme également interdite)? De "litzror", ce qui implique: Ne prenez ni elle, ni sa tsarah, ni la tsarah de sa tsarah.] Ils (les quinze femmes) sont: Sa fille [Sa fille de son anussah (une femme qu'il avait forcée), comme c'est le cas de «la fille de sa fille» et de «la fille de son fils». Pour sa fille de sa femme est «bain ishto». Car puisqu'il est écrit (Lévitique 18:17): "La nudité d'une femme (ishah) et de sa fille, tu ne la révéleras pas", peu importe que ce soit sa fille ou celle d'un autre. Mais sa fille de son anussah n'est pas dérivée de ce verset, car «ishah» implique le mariage. Il est plutôt dérivé de (Ibid. 10): "La nudité de la fille de votre fils ou de la fille de votre fille."], La fille de sa fille, la fille de son fils, la fille de sa femme, la fille de son fils, la fille de sa fille, sa belle-mère, la mère de sa belle-mère, la mère de son beau-père [Tout cela lui est interdit en raison de ( Ibid.17): "Tu ne révéleras pas la nudité d'une femme et de sa fille. La fille de son fils et la fille de sa fille, etc.", subsumée dans laquelle sont sa belle-mère, la mère de son belle-mère et mère de son beau-père.], sa sœur de sa mère [qui a épousé son frère de son père, décédé, comme c'est le cas de la sœur de sa mère. Car yibum n'obtient qu'avec son frère de son père, cela étant dérivé par l'identité «fraternelle» des fils de Yaakov (voir Deutéronome 25: 5). Tout comme là, (ils étaient tous) frères du père, mais pas (nécessairement) de la mère, ici aussi (dans le cas du yibum), ce n'est pas différent.], La sœur de sa mère, la sœur de sa femme, la femme de son frère de sa mère, [qui, après la mort de son mari, a épousé son frère de son père, dont elle n'est pas parent. S'il est mort sans enfants et qu'elle est tombée devant lui pour yibum, elle lui est interdite parce qu'elle a d'abord été la femme de son frère par sa mère, qui lui est interdite perpétuellement, cela étant écrit (Lévitique 18:16 ): "La nudité de la femme de votre frère", qui est expliqué "votre frère", que ce soit de votre père ou de votre mère.], Et la femme de son frère qui n'était pas dans son monde [par exemple, Reuven est mort sans enfants et après sa mort, un frère, Levi, est né. Shimon a emmené la femme de Reuven à yibum. Il a eu une autre femme et il est mort sans enfants. Les deux épouses de Shimon sont tombées devant Levi pour yibum. Les deux sont exemptés. L'épouse de Reuven qui avait été mariée à Shimon est interdite à Levi sur (responsabilité de) Kareth, l'Écriture l'ayant exclue (de yibum), à savoir. (Deutéronome 25: 5): "Quand les frères habitent ensemble"—quand tous deux avaient «une seule habitation» (c'est-à-dire lorsqu'ils étaient en vie simultanément) dans le monde. Par conséquent, lorsque Reuven est mort, elle a été interdite perpétuellement à Lévi (tout comme la femme d'un frère qui a des enfants). Et bien que maintenant elle tombe aux mains de Lévi par le mariage de Shimon, qui était dans son monde, elle lui est interdite en raison de Reuven. Et tout comme elle est interdite, de même sa tsarah est interdite.], Et sa belle-fille. [Son fils est mort et elle a épousé le frère de son (son beau-père). Sa belle-fille lui est interdite perpétuellement, même après la mort de son fils.] Ceux-ci (ceux mentionnés ci-dessus) dispensent leur tsaroth et le tsaroth de leur tsaroth de la chalitzah et du yibum tout le long de la ligne. Et tous— s'ils sont morts, ou ont refusé (son frère), ou ont été divorcés, ou ont été jugés eiloniyoth (stérile) —leurs tzaroth sont autorisés. [par exemple, si sa fille est décédée avant son frère ou si elle l'a refusé. Et même si (normalement), le refus (miun) n'obtient qu'avec un mineur orphelin, qui était marié par sa mère et ses frères, il peut aussi se produire du vivant de son père, comme lorsque son père l'a épousée avec un autre et qu'elle a divorcé quand encore mineure, auquel cas son père n’a plus juridiction sur elle. Si elle a ensuite épousé le frère de son père alors qu'elle était encore mineure, elle peut alors être libérée grâce à miun. (Elle est désignée plus tard comme «une orpheline du vivant de son père».) Si elle a refusé son frère, ou a été divorcée par lui, ou s'est avérée être un eilonith (auquel cas «son achat était erroné» et c'est comme si elle n'a jamais été la femme de son frère), sa tsarah est prise en yibum.] ["eilonith"—de «ayil», un bélier. Les caractéristiques d'un eilonith sont: une absence de seins et de signes (pubertaires), une voix épaisse, comme celle d'un homme, et une absence de «pente du ventre», caractéristique des femmes, c'est-à-dire que son pudendum ne se projette pas d'elle corps, comme celui des autres femmes.] Et on ne peut pas dire de sa belle-mère, de la mère de sa belle-mère et de la mère de son beau-père, qu'ils se sont avérés être eiloniyoth ou qu'ils ont refusé. [Car ils ont déjà eu des enfants à un autre avant d'épouser son frère. Par conséquent, ils ne sont pas des eiloniyoth. Et miun, aussi, n'obtient pas avec eux, étant adultes, et miun n'obtient qu'avec des mineurs. Quant à notre tanna qui n'inclut pas sa mère parmi les femmes qui exemptent leur tzaroth du yibum, il soutient que l'on ne peut pas épouser une femme que son père avait forcée ou séduite. Mais selon la décision que l'on peut l'épouser, et que c'est la halakha, il est possible pour sa mère d'épouser son frère de son père; et si son frère meurt sans enfants, sa mère tombe devant lui pour yibum. De sorte qu'il y a seize femmes qui exemptent leur tsaroth, sa mère étant l'une d'entre elles. Et c'est la halakha.]
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.
