תלמוד על יבמות 1:1

¹⁰Different versions of the following discussions are in the Babli, 83a/b, Tosephta 7:1–5, Sifry Deut. 269. After Rebbi Eliezer’s death, four Elders assembled to object to Rebbi Eliezer’s words: Rebbi Eleazar ben Azariah, Rebbi Yose the Galilean, Rebbi Tarphon, and Rebbi Aqiba. Rebbi Joshua told them, one does not contradict the lion after his death¹¹He rejects all the following arguments (as does the Babli, except an argument attributed to R. Eleazar ben Azariah not mentioned in the Yerushalmi.). Rebbi Tarphon objected: If he said to her, you are permitted to any man except Mr. X; she went and married [the latter’s brother who]¹²Missing in the text; to be added from the parallel attributed to R. Jeremiah. died childless; how can she contract the levirate marriage¹³If the prohibited man was the only brother of the deceased husband, the widow should have to marry him but she is prohibited by the former husband’s stipulation. In the Babylonian sources (Note 10) the conclusion is stated explicitly that “this is no cutting loose” (referring to the bill of divorce which in Deut. 24:1 is called “scroll of cutting loose” the wife from the husband’s power. This really refers to the rabbis’ argument, Note 9.)? Does it not turn out that he¹⁴The first husband would in effect stipulate that his ex-wife cannot fulfill the commandment of the levirate marriage. stipulated against what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid. Then nobody should be permitted to marry his brother’s daughter, lest he come to stipulate against what is written in the Torah¹⁵If the uncle married to the niece died childless, the widow clearly is forbidden to marry her own father in levirate. But the possibility of a marriage of the niece to the uncle is one of the doctrines of Pharisaic Judaism, in contrast to the Sadducees (cf. Introduction to Tractate Yebamot.). Rebbi Yose ben Rebbi Abun said, one understands the reason. There, the Torah forbade her to him¹⁶In fact, the greater part of Tractate Yebamot is devoted to cases where levirate marriage is impossible.. But here, he forbids to him¹⁷The first husband forbids levirate marriage to the brother of the second husband.! Rebbi Ḥananiah objected in the name of Rebbi Phineas: Should one not state “sixteen women” following Rebbi Eliezer¹⁸Mishnah Yebamot 1:1 enumerates 15 categories of women who are forbidden levirate and, in the opinion of the House of Hillel, automatically free their co-wives from levirate. According to R. Eliezer, should one not add the woman who married the brother of a man forbidden to her by divorce stipulation?? Rebbi Mana said, the reason was already explained: there, the Torah forbade her to him. But here, he forbids to him¹⁷The first husband forbids levirate marriage to the brother of the second husband.! Rebbi Jeremiah¹⁹It seems that this has to read “R. Simeon ben Eleazar” (Tosephta 7:5.) asked: If he said to her, you are permitted to any man except Mr. X; she went and married the latter’s brother who died childless, how can the latter permit what the first forbade²⁰This is a non sequitur. It seems that one has to read with the Tosephta: “She went and married an unrelated person who then divorced her unconditionally”, i. e., the second husband by his divorce annulled the condition of the first divorce.? His words imply that death and divorce permit what the first [husband] prohibited²¹The condition “except Mr. X” according to R. Eliezer refers only to the next marriage of the divorcee. If the divorcee married according to the stipulation and then the second marriage is dissolved either by divorce or by the husband’s death, the widow or divorcee is free to marry anybody she wishes. The Babli agrees with this interpretation, 83a, which shows that R. Tarphon’s objection cannot be sustained.. Rebbi Jeremiah said, he said only death and divorce; therefore, not marriage²²R. Eliezer, who declares the divorce valid, will insist that the first remarriage satisfy the first husband’s condition..

Rebbi Abbahu said, it is written¹³1Chr. 2:55. The families of counters, dwellers of Yabeṣ. Why does the verse say, counters? Because they formulated the teaching numbers, numbers¹⁴In B: ciphers, ciphers.. “Five shall not lift heave.¹⁵Mishnah Terumot1:1.” “Fifteen women free their co-wives.¹⁶Mishnah Yebamot1:1.” “Thirty-six extirpations in the Torah.¹⁷Mishnah Keritut1:1.” “Thirteen matters about the carcass of a pure bird.¹⁸Mishnah Ṭehorot1:1.” “Four main categories of torts.¹⁹Mishnah Bava Qamma1:1.” “Thirty-nine categories of work.”

HALAKHAH: “All these free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate, etc.” ¹²¹The main place of this Halakhah is Halakhah 13:1. Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother, to permit the co-wife to her father, and the daughter-in-law to her father-in-law¹²²If the girl walks out of the marriage, the marriage did never exist. The co-wife after ḥalîṣah is permitted to the girl’s father in case the father had lost his guardianship over the daughter (see below). She herself is permitted to her non-husband’s father.
The Babli, 12a, agrees that repudiation of the levir invalidates the marriage to the dead brother but nevertheless in this case forbids the girl to the father-in-law (a Babylonian baraita).. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother, to permit the co-wife to her father, and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”¹²³Mishnah 13:1; the House of Shammai limit repudiation strictly to the husband even if the widow is a minor. It would be very unusual if practice were to follow the House of Shammai against the declared opinion of the House of Hillel.? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates¹²⁴Reading of Halakhah 13:1. The ms. here reads “does not invalidate”. The practice is that of the House of Hillel.. But we hold in case she says “I cannot stand marriage¹²⁵Without spelling out which marriage.”. Rebbi Joḥanan said, I can stand neither the marriage with your brother nor with you. Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him¹²⁶The first husband in his lifetime.. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted¹²⁷To the brothers in levirate. The marriage of a minor except through the father is only rabbinic and cannot eliminate the biblical requirement of levirate or ḥalîṣah. But levirate cannot be tolerated since that would show that the rabbinically valid marriage is a sham.. After the husband’s death their co-wives perform ḥalîṣah but not levirate.