Se houvesse três irmãos, dois deles casados com duas irmãs e um deles solteiro — se um dos maridos das irmãs morresse, e o irmão solteiro fizesse uma ma'amar (uma declaração verbal de casamento) nela [(ma'amar - noivado de um yevamah, que "leva" apenas de acordo com as palavras dos escribas) )] e então o segundo irmão morreu — Beth Shammai diz: Sua (a esposa do terceiro irmão) permanece com ele [Porque Beth Shammai sustenta que a mulher prometida por ma'amar é considerada sua esposa, de modo que, quando sua irmã cai diante dele (por yibum) depois, ela (a primeira irmã) não é proibida por causa da "irmã do seu parente vinculado"], e a outra sai [mesmo da chalitzah, por causa da "irmã da sua esposa".] E Beth Hillel diz: —Ele deve mandar sua esposa embora por get e por chalitzah, e a esposa de seu irmão por chalitzah. [Pois ma'amar não é suficiente para dar a ela (a primeira) o status de uma mulher casada, e a outra (a segunda) é proibida por causa da "irmã da sua parente". Um get é necessário por causa do ma'amar, que é noivado parcial (e o noivado não é dissolvido sem um get.) E ela também requer chalitzah, pois, como o ma'amar não é um noivado de boa-fé, ela ainda está ligada a ele (para yibum) e requer que a chalitzah dissolva essa ligação; para que primeiro ele dê a ela um benefício, e depois chalitzah.] e este é o exemplo do qual eles disseram (13: 7): "Ai de ele por causa de sua esposa, [a quem ele deve se divorciar], e ai de ele por causa da esposa de seu irmão! " [a quem ele deve dar chalitzah]
Bartenura on Mishnah Eduyot
מופנה (this part of the Mishnah is found in Tractate Yevamot Chapter 3, Mishnah 5)– lives without a wife.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Eduyot
Introduction
Our mishnah continues to list disputes between Beth Shammai and Beth Hillel with regards to the laws of levirate marriage.
In order to understand this mishnah it is important to understand one issue about how levirate marriage works. When a woman’s husband dies without children she must either marry her brother-in-law or be released from marriage by him. According to the laws of the Torah, this marriage does not require prior betrothal. Rather it is consummated in one step: sexual relations. However, the Rabbis instituted that the brother-in-law should first betroth her. This betrothal is called maamar.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Eduyot
מאמר – Betrothal/Sanctification and with the widow of a brother who died without issue, does not take effect other than through the words of the Scribes.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Eduyot
[In the case of] three brothers, of whom two were married to two sisters and one was unmarried, if one of the husbands of the sisters died and the unmarried one betrothed her (, and afterwards his other brother died, Beth Shammai says: his wife remains with him, and the other [widow] is released on the grounds of [the law forbidding] the wife’s sister. But Beth Hillel says: he should put away his wife with a get and halitzah, and the wife of his brother [he should put away] with halitzah. This is the case of which they said: woe to him because of his wife, and woe to him because of his brother’s wife! If you thought the last case was complicated, it now gets even worse! In this mishnah there are three brothers, Reuven, Shimon and Levi. Reuven and Shimon were married to Leah and Rachel who are sisters and Levi is unmarried. When either Reuven and Shimon dies Levi performs maamar, betrothal in the case of levirate marriage, with one of the sisters. At this point the other brother dies. The other sister should according to the laws of levirate marriage, also marry Levi. This is a problem because the other brother has already betrothed, although not married this woman’s sister. It is also somewhat of a problem for Levi to consummate the marriage with the first widowed sister since her sister is also bound to Levi by her need for levirate marriage or halitzah. Nevertheless, Beth Shammai rules that Levi may marry the first sister. The second widowed sister does not need either halitzah or levirate marriage, since she is forbidden to Levi who is married to her sister. In other words, according to Beth Shammai although Levi only performed “maamar” with the first sister, the bond created is strong enough to exempt the second sister from halitzah or levirate marriage to Levi. Beth Hillel disagrees. According to them maamar is not as strong as full marriage. Therefore Levi must perform two ceremonies in order to release the first widow: 1) he must divorce her to untie the bond created by the maamar; 2) he must perform halitzah to untie the bond created by her being his dead brother’s wife. The second widow also requires halitzah. The mishnah ends with what must have been a popular saying, although not necessarily said strictly in this circumstance. This is truly a sorry case for both Levi, who loses both women, and for his wife (the first widow) and for his (dead) brother’s wife as well.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Eduyot
אשתו עמו – for the School of Shammai holds that the wife the bespoken one is considered as entered into marriage, and when her sister fell [into widowhood] afterwards, she was not forbidden because of being the sister of her chained one.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Eduyot
Questions for Further Thought: In what other circumstance might the saying at the end of the mishnah been stated?
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Eduyot
והלה – and this one should be go free even from the ceremony of removing the levir’s shoe if he refuses to consummate the marriage with his dead brother’s widow, because she is the wife’s sister.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Eduyot
מוציא אשתו בגט – for the levir’s betrothal by word of mouth is not so strong to compare it as if he is married, for this prohibits her because of she is the sister of the chained one, and she requires a Jewish bill of divorce because of the Ma’amar/the levir’s betrothal by word of mouth to his dead brother’s widow and shed also requires the ceremony of removing the levir’s shoe [when he refuses to consummate the marriage of with his dead brother’s widow], for since Ma’amar is not a complete betrothal and she is still as yet chained and requires the ceremony of removing the levir’s shoe because of the interdependence of the childless widow and her late husband’s brothers; and in the beginning, he gives her a Jewish bill of divorce and afterwards conducts the ceremony of removing the shoe of the levir [and spitting in his face].
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Eduyot
אי לו – woe is to him on his wife that he has to divorce her with a Jewish bill of divorce.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Eduyot
ואי לו על אשת אחיו – that he has to have her [conduct the ceremony to] .remove her levir’s shoe [and spit in his face].
