פירוש על יבמות 13:2
Notes by Heinrich Guggenheimer on Jerusalem Talmud
Inserted from the parallels in the next Halakhah, Halakha 10:7, and the editio princeps.
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Notes by Heinrich Guggenheimer on Jerusalem Talmud
Missing in Ketubot.
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Shulchan Arukh, Even HaEzer
A yevamah who had relations with the yavam and said within thirty days: I did not have relations. Even if he says: I did have relations, and I divorced her, we force him to perform halitzah with her, since he first divorced her with a get. But if he has not yet divorced her, we force him to have levirate marriage or to do halitzah and release her with a get. And even if he agrees with her that he didn't have relations, she requires a get and halitzah, for anyone who has been married is assumed to have had relations (Maggid Mishneh, ch. 2). If he divorced her after thirty days and she says: I didn't have relations, we ask him to perform halitzah with her. And if he agrees that he didn't have relations, we force him to perform halitzah.
If she says: I had relations and he says: I didn't have relations, she does not require halitzah, for he is not permitted to forbid her to any man once he has married her.
And there are those who say that within thirty days he is believed, and she requires halitzah with a get.
And her rival wife, is always permitted even if both say that he didn't have relations with her, and even within thirty days.
And there are those who say that for all thirty days he is believed to say I didn't have relations to forbid her rival wife (Tur in the name of the Rosh).
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