תלמוד על יבמות 5:1

“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already⁶⁰Mishnah 1. “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law⁶¹From Mishnah 1 it is not clear that after ḥalîṣah of one widow all actions with regard to the other are also as if nonexistent.”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her⁶²Since it was established in Chapter 1 that the widow is at most forbidden by a simple prohibition, not threatened by divine extirpation, it is clear that qiddushin by one of the brothers will be illegal but valid.? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law⁶³While “bespeaking” has the external form of qiddushin, their rules are quite different. After ḥalîṣah, any “bespeaking” is impossible; an action of “bespeaking” is null and void but the same action with the intent of qiddushin in valid. The same position is taken in the Babli, 52b.. Rebbi Abba said, this was stated⁶⁴A different but parallel formulation in Babli, 19b.: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention⁶⁵For them, “bespeaking” follows the rules of qiddushin as closely as possible.. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional⁶⁶Mishnah 6:1., so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce⁶⁷The divorce document for “bespeaking”, which cannot exist without the groom’s initiative, can be delivered without getting the widow’s attention. Nothing is implied for divorce of an original marriage. frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult⁶⁸But not of a minor. Since a minor can act in practice but not in law, “bespeaking”, qiddushin, and divorce are not applicable to minors. acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional⁶⁹Ḥalîṣah is enacted by both parties; it cannot happen without conscious participation of both parties..

HALAKHAH: “If somebody gave qiddushin to one of two sisters but he does not know to which one of them, he gives a bill of divorce to each. If he died and has one brother, that one has to perform ḥalîṣah with both sisters.” Everywhere else you say¹⁵²Mishnah 5:1. “there cannot be ḥalîṣah after ḥalîṣah” but here you say so? There if it is certain, here one is in doubt¹⁵³It is impossible to do otherwise.. “If he had two [brothers], one performs ḥalîṣah and one may marry in levirate.” Everywhere else you say, in any case one asks him to perform the levirate one does not say perform ḥalîṣah; but here you say so? There if it is certain, here one is in doubt. “If both married without asking, one does not remove [the women] from them.”