Jeśli kobieta i jej mąż wyjechali za granicę, ich syn z nimi, a ona wróciła i powiedziała: „Mój mąż umarł, a potem mój syn umarł”, wierzy się jej. [Ponieważ miała syna i nie była w statusie (potencjalnego) powiązania yibum, kiedy odeszła, teraz także, kiedy mówi: Mój mąż zmarł, a potem zmarł mój syn, twierdząc, że nie ma powiązania yibum, uważa się, że .] (Ale jeśli powiedziała :) Mój syn umarł, a potem mój mąż umarł, [pragnąc zostać zabranym w yibum], nie wierzy się jej. I [jeśli ona chce poślubić „na rynku” (tj. Poza yibum)], obawiamy się jej słów, [ponieważ ogłosiła, że jest zabroniona innym]; a ona przyjmuje chalicę i nie jest przyjmowana w yibum.
Bartenura on Mishnah Yevamot
מת בעלי ואח"כ מת בני נאמנת – since she had a son, and was not in the legal status/presumption of being chained to the levir when she departed, now also when she said: “my husband died,” and afterwards [said]: “my son died,” when she has no interdependence of a childless widow and her late husband’s brothers (i.e., to the levirate relation), she is believed. But if she said, “my son died” and afterwards [said]: “my husband died,” and she wants to be married by the levir, she is not believed. But if she came to be married to anyone in the world, we suspect her words for she compares herself as a piece (of meat) that is forbidden forever, and she removes the shoe of her brother-in-law who refuses to marry her and does not marry her levir.
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English Explanation of Mishnah Yevamot
Introduction
Our mishnah deals with a situation where a woman goes abroad with a husband and a son and then returns claiming that both have died. The question is: is she liable for yibbum.
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English Explanation of Mishnah Yevamot
A woman who went with her husband to a country beyond the sea, and her son was with her, and who came back and stated, “my husband died and afterwards my son died”, is believed. If her husband died before the son died, then at the point of death she was not liable for yibbum (for her husband died at a point when he had kids). Since she went abroad under the assumption that she is not liable for yibbum, and she now returns claiming that this is still true, she is believed. This mishnah works according to a well-known principle whereby a person is believed if he does not change the status quo, but not necessarily believed if he does change it.
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English Explanation of Mishnah Yevamot
[If she stated] “my son died and afterwards my husband died”, she is not believed, but we are concerned that her words [might be true] and she must, therefore, perform halitzah but may not contract yibbum. In this case, she claims that the son died first and therefore when her husband died he had no children, leaving her liable for yibbum. Since she is changing the status quo that existed when she left, and now claiming that she is liable for yibbum, she is not entirely believed and she is not allowed to contract yibbum with her dead husband’s brother. However, since she might be telling the truth, and really be liable for yibbum, she first must perform halitzah and only then is she allowed to remarry.
