תלמוד על יבמות 13:1
Jerusalem Talmud Yevamot
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.
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.
Ask RabbiBookmarkShareCopy
Jerusalem Talmud Yevamot
“Two brothers are married,” etc. Rebbi Yudan: One may ask what one asked there. Should he not perform ḥalîṣah for the acquired aspect in her and free her co-wife? So here, should he not perform ḥalîṣah for the acquired aspect in the underage girl and free her (co-wife) [sister]88Would it not be possible (or required) to apply the argument of R. Eleazar and R. Abba bar Mamal in the previous Halakhah to the situation here? It is difficult to see why one should try to make the situation more complicated than it already is. The text is at least partially corrupt.? Before you find Rebbi Eleazar difficult, you might find Rebbi Eliezer difficult! You cannot find this difficult for Rebbi Eliezer, since Rebbi Eliezer is a Shammaite89Ševi‘it 9:9, Terumot 5:4, Babli Niddah 7b. R. Eliezer became a student of Rabban Yoḥanan ben Zakkai; in no sense can he be considered an orthodox representative of the House of Shammai. and the House of Shammai say, one lets only the betrothed [women] repudiate90Mishnah 1.?
Ask RabbiBookmarkShareCopy