פירוש על יבמות 1:10

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.

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.

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].”

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.

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.

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.

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.

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.

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.

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.

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.

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.

כשם שבתו פטורה – for [his daughter] is prohibited to him and there is no brother other than him, hence her rival/co-wife is also exempt.

Introduction This mishnah is a continuation of the previous and it explains many of the details.

הלכה צרת בתו ונשאת לקאחיו השני – where there is another brother that both of them are permitted to hi, and are not exempt, for there is here the commandment of levirate marriage and one of them engages in levirate marriage and the other is exempt, as it is written (Deuteronomy 25:9): “[Thus shall be done to the man who will not build up] his brother’s house;” he builds one house, but he does not build two homes, and if the second brother performed a levirate marriage with the rival wife of his daughter, and he [himself] has another wife, and he dies without children, and they returned and fell before him.

How do they exempt their rival wives? If his daughter or any other of these forbidden relatives was married to his brother who also had another wife, and he died, then just as his daughter is exempt so is her rival exempt. If his daughter’s rival went and married a second brother of his, who also had another wife, and he died, then just as the rival of his daughter is exempt so is his daughter’s rival’s rival exempt, even if there were a hundred [brothers]. How is it that if they had died, their rivals are permitted? If a man’s daughter or any other of these forbidden relatives was married to his brother who also had another wife, and his daughter died or was divorced, and afterwards his brother died, her rival is permitted. The rival of any one who can make a declaration of refusal but did not make a declaration of refusal, must perform halitzah and may not have yibbum. This section explains the opening statement of mishnah one, “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”. For the sake of clarity, I will explain it again here. Reuven and Shimon are brothers. Shimon marries Reuven’s daughter. When Shimon dies without children, Reuven cannot perform yibbum with his own daughter. Hence, she and all of her rival wives are not liable for yibbum. If Reuven and Shimon had a third brother, Levi, and Reuven’s daughter’s rival wife married Levi and then Levi died without children, the rival wife is not liable for yibbum with Reuven and neither are any of Levi’s other wives. This law is true even if there are 100 brothers. As an aside, this mishnah also teaches that if there was a third brother, for whom none of the dead brother’s wives was prohibited, they are liable to have yibbum or halitzah with him. The exemptions are only in a case where Reuven was the only brother.

כשם שצרת בתו פטורה – that she became forbidden upon him from the time of the falling of his first brother, so too is the latter’s present associate/rival wife of his second brother’s wife is exempt, for this woman exempts her for the rivals of a woman forbidden on account of consanguinity exempts her rival/co-wife.

This section explains the second section of mishnah one, “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 Reuven’s daughter died or was divorced before Shimon, her husband, dies, her rival wives are permitted to have yibbum with Reuven. There is a special rule regarding the wife who could have made a declaration of refusal (meun) but did not. As we recall, this wife’s marriage, arranged by her brother or mother, is of only rabbinical status (and not biblical). Her liability to have yibbum is therefore only rabbinic and not biblical. If she were to refuse the marriage, the rival wives are certainly liable for yibbum. However, even if she does not, her rival wives are not totally exempt. They are rabbinically exempt, because the rival wife cannot have yibbum with the yavam, but they are biblically liable, because the rival wife was not biblically married to the brother. The solution in such a case is for the yavam to perform halitzah. As we shall see throughout the tractate, in cases of doubt whether or not yibbum should or can be performed, the solution is usually the performance of halitzah, which avoids the possibility of forbidden sexual relations.

ואפילו הם מאה – [and even if they are one-hundred] brothers, and the rivals of a woman forbidden on account of consanguinity of his daughter went and engaged in levirate marriage with his third brother, and he has another wife, and he died without children, both of them are forbidden to each other, and similarly forever.

צרתה מותרת – to engage in levirate marriage for at the time of the levirate relation, she was not her rival wife.

וכל היכולה למאן – when she is a minor, [the woman forbidden to a man] and she is able to refuse, but she did not refuse, and his brother died, for since [her betrothal/Kiddushin] is not other than Rabbinic and her levirate relation is not other than Rabbinic, she does not exempt her rival/co-wife from Halitzah but to engage in levirate marriage is forbidden for she appears as forbidden on account of consanguinity.

שש עריות חמורות מאלו – and what is their stringency? That they are married to others (i.e., outsiders). But they are not able to marry the brother of this one from his father, and if their husbands died, who are “strangers” (i.e., outsiders) regarding this one, their rival/co-wives are permitted to marry to this one, for the rivals of a woman are not forbidden on account of consanguinity other than when she falls before him for levirate marriage from his brother. And our Rabbi/teacher, Moshe bar Maimon (i.e., Maimonides) explained, that if they married through sin to his brother and he died without children, and they fell [before him] for levirate marriage, their rival/co-wives are permitted, for these are not [forbidden] on account of consanguinity since their betrothal/Kiddushin do not take effect to his brother in those forbidden relations of incest.

Introduction Mishnah three introduces a different list of women which is compared to the list in mishnah one.

אמו – she cannot marry his brother from his father, for she is to him the wife of the father, according to the one who says that the ravaged wife of his father is prohibited, and above (Mishnah two), I explained, that this is not the Halakha, but rather, his mother exempts her rival/co-wife, for she is able to marry to his brother from his father.

There are six relatives that are more restricted than these, in that they may be married only to strangers, marriage with their rivals is permitted: his mother and his father’s wife, his father’s sister, his paternal sister, his father’s brother’s wife and his paternal brother’s wife. The six women mentioned in this mishnah are considered “more restricted” because they cannot be married to a man’s paternal brother (remember, yibbum is restricted to only paternal brothers). For instance, a man’s mother cannot marry his paternal brother, because she is the wife of the paternal brother’s father, and it is forbidden to marry your father’s wife. Likewise, it is forbidden to marry one’s father’s sister, one’s sister (from either parent), one’s father’s brother’s wife or one’s brother’s wife. This last case can occur when one brother marries a woman and divorces her or dies with children. This wife is now forbidden to all of her dead or divorced husband’s brothers. In all of these cases, if one of these women was married to another man and their husband died, their rival wives may marry one of the brothers. The rival wife of a woman forbidden due to kinship is forbidden only when the forbidden women became eligible for yibbum. These women were never eligible for yibbum to these brothers, therefore their rival wives are permitted. Furthermore, even if the brother tried to marry one of these women, and then died, the rival wives are eligible for yibbum, since the marriage of the brother to the forbidden woman was not valid.

אשת אביו אשת אחיו מאביו – [that he had children] and the sister of his father, all of them are forbidden to his brother, like they are forbidden to him, and there is not side of Levirate marriage on this forever, and if others married them and they have other wives, and they (i.e., the husbands) died, their rival/co-wives are permitted to marry this one, and similarly, if his brother married them in sin, and he died without children, their rival/co-wives are permitted.

בית שמאי מתירין – the rival of a woman forbidden on account of consanguinity is to be married by the levir, for they (i.e., the School of Shammai) lack this exposition/Midrashic interpretation of (Leviticus 18:18): “[Do not marry a woman] as a rival [to her sister and uncover her nakedness in the other’s lifetime].”

Introduction Mishnah four teaches us that the first three mishnayoth of the tractate were all according the opinion of Beth Hillel. Whereas Beth Hillel ruled that a woman whose rival wife is forbidden to the yavam is exempt from yibbum (as is the forbidden wife), Beth Shammai ruled that she must have yibbum or halitzah. The mishnah then lists a few correlating disputes on this matter. Finally, the mishnah sounds what is surely the most pluralistic note in the entire Mishnah: despite their many disagreements, Beth Hillel and Beth Shammai did not separate into two different sects.

חלצו – [they performed the ritual of Halitzah] the rival/co-wives from the brothers.

Beth Shammai permits the rival wives to the surviving brothers, and Beth Hillel prohibits them. If they perform the halitzah, Beth Shammai disqualifies them from marrying a priest, and Beth Hillel makes the eligible. If they performed yibbum, Beth Shammai makes them eligible [to marry a priest], and Beth Hillel disqualifies them. Though these forbid and these permit, and these disqualify and these make eligible, Beth Shammai did not refrain from marrying women from [the families of] Beth Hillel, nor did Beth Hillel [refrain from marrying women] from [the families of] Beth Shammai. [With regard to] purity and impurity, which these declare pure and the others declare impure, neither of them refrained from using the utensils of the others for the preparation of food that was ritually clean. I have explained this section above in the introduction.

בית שמאי פוסלין – the rival/co-wives from the priesthood, since their [act of] Halitzah is [considered] Halitzah.

If the yavam should perform halitzah with the rival wife, according to Beth Shammai, this halitzah is valid and allows this woman to marry other men. Since a woman who has had halitzah is prohibited to a priest (just as a divorcee is forbidden to a priest), this woman is now prohibited to marry a priest. According to Beth Hillel, this was an unnecessary halitzah, for the woman could have married other men even without it. Since it was not true halitzah, she can still subsequently marry a priest.

ובית הלל מכשירין – that their [act of] Halitzah was not a necessity and she is considered as one who performed Halitzah from a heathen/foreigner.

If she has yibbum, full levirate marriage, Beth Shammai would consider this to be valid, as they stated in section one. Should this marriage end in the husband’s death, she could marry a priest, as can all widows. However, according to Beth Hillel, this yibbum was actually forbidden. Therefore this woman can no longer marry a priest, since all women who have engaged in forbidden sex cannot subsequently marry priests (we will learn more about this law later in the tractate).

נתיבמו – to brothers.

In Jewish law the child of many forbidden unions is considered to be a mamzer (we will also learn these laws later in the tractate). A mamzer cannot marry a regular Israelite (Jew). In the above dispute, if the rival wife did perform yibbum, the child would be a mamzer according to Beth Hillel. Since this was not a situation requiring yibbum, the woman was biblically forbidden to her dead husband’s brother. If the rival wife married another man without yibbum or halitzah, the child of this subsequent marriage would be a mamzer according to Beth Shammai. This is because this woman married “out” while still bound to her yavam. This section teaches that although this dispute would have created children considered by some to be mamzers and others not to be, neither side refrained from marrying those from the other side. This is a remarkable note of pluralism in the Mishnah, indeed it seems that this ideology is what kept the rabbis from forming splinter groups. Although Beth Shammai and Beth Hillel disagreed on many topics, they continued to live together and intermarry. Unlike other groups, specifically the Dead Sea sect, which left Jerusalem over halakhic disputes with their opponents, the halakhic disputes between the rabbis did not cause them to break into many little groups. The mishnah further teaches that despite the fact that things that Beth Hillel considered pure, Beth Shammai considered impure, and vice versa, they did not refrain from eating together and from using each other’s utensils. Again, if we look at the group that did split, the Dead Sea sect, two of the halakhic issues which they considered the most important were marital laws and purity laws (sacrificial laws were also important.) The authors of the Dead Sea scrolls are constantly accusing their opponents of not properly observing marriage laws or purity laws. Despite the fact that Beth Shammai and Beth Hillel also debated these subjects, they did not refrain from marrying each other and from eating together. In other words, they remained one society.

בית שמאי מכשירין – [The School of Shammai validates them] to Kohanim, if they had become widowed from their levirs.

ובית הלל פוסלים – that they had engaged in sexual relationship with those forbidden to them, and one who engages in sexual relations with one prohibited to her makes her a harlot, and a harlot is prohibited to [marry] a Kohen.

לא נמנעו – and even though that the children of the rival/co-wives who had been married by the levir that according to the School of Shammai are Mamzerim/illegitimate according to the School of Hillel, and they are [included] in the prohibition of marrying the wife of one’s brother upon them, and the [violation of] the [marriage of the] wife of one’s brother is [liable to] extirpation, and those who are liable for extirpation are considered Mamzerim/illegitimate, nevertheless, [members of] the School of Hillel were not prevented from marrying women from the School of Shammai, because they would inform them of those women coming from the rival/co-wives and separate from them.

אלו על גבי אלו – they would loan their utensils one to the other. And in the Gemara (Tractate Yevamot 14a), raises an objection on that which is taught [in our Mishnah]: “The School of Shammai declares that the rival/co-wives are permitted [to enter into levirate marriage with] the brothers and the School of Hillel [prohibits] . They call it here (Deuteronomy 14:1): “You shall not gash yourselves/לא תתגדדו “ – do not form yourselves into religious [factions]. And they responded – such as the case of one Jewish court in one city – where half teach according to the School of Shammai and half teach according to the School of Hillel, but [where there are] two Jewish courts in one city, and all the more so, two Jewish courts in two towns, it does not matter.