Torah Community Connections

Week 55- Thursday - 14 December 2000

YEVAMOT: CHAPTER 10: MISHNAH 4

If one's wife went overseas, and they came and said to him, "Your wife died," and he married her sister, and afterwards his wife came -- she is permitted to return to him. He is permitted the relatives of the second one, and the second one is permitted to his relatives. And if the first died, he is permitted the second. If they said to him, "Your wife died," and he married her sister, and afterwards they said to him, "She was alive, and she died" -- the first child is a mamzer, and the last is not a mamzer. Rabbi Yose says, Whoever disqualifies for others, disqualifies for himself; and whoever does not disqualify for others, does not disqualify for himself.

Kehati

This mishnah discusses the case of the person who married his wife's sister in error.

If one's wife went overseas, and they came and said to him, "your wife died" -- according to one interpretation, this refers only to a case in which two witnesses came and told him that his wife died (see Tosefot Yom Tov; Tiferet Yisrael), and he married her -- his wife's, sister -- for if his wife died he is permitted to marry her sister, and afterwards his wife came -- and it turns out that her sister was prohibited to him, she -- his wife, is permitted to return to him -- since her sister's marriage having been a union punishable by karet is void. Her marriage was only like prostitution, and does not render his wife prohibited to him, as it is written, in the Torah passage about sotah, "and a man lie with her" (Num. 5:13) -- the wife's forbidden intercourse renders her prohibited to her husband, but her sister's intercourse with him does not render the wife prohibited to the husband (Gemara).

He is permitted the relatives of the second one -- the relatives of his wife's sister, e.g., to marry her daughter, as it is taught, "One may marry the relatives of the violated woman and a seduced woman" (11:1, below), i.e., if a person violated or seduced a woman, he is permitted to marry her relatives, and the second one -- his wife's sister, also -- is permitted to his relatives -- e.g., to marry his son.

And if the first died -- and the prohibition as his wife's sister expired, he is permitted to marry the second -- her sister, even though he already had forbidden intercourse with her.

If they said to him, "Your wife died," and he married her sister, and afterwards they said to him, "She was still alive -- when you wed her sister, and she died" -- afterwards, the first child -- whom he begot by her during his wife's lifetime, is a mamzer -- for he is the issue of a union punishable by karet, and the last -- the child he begot by her after his wife died, is not a mamzer -- he is legitimate.

Rabbi Yose says, Whoever disqualifies for others, disqualifies for himself -- the Gemara explains that this refers to a case in which two brothers, Reuven and Moses, were married to two sisters, Leah and Rahel; Reuven is Leah's husband, and Moses is Rahel's husband. Leah and Moses (Reuven's wife and his brother-in-law) went overseas, and witnesses came and told Reuven that the two had died. Reuven married Rahel (his wife's sister), but afterwards Leah and Moses came back. Regarding such a case, Rabbi Yose understands from the First Tanna that whether Leah Leah was Reuven's wife, or his betrothed, and had not yet been wedded to him, Rahel is prohibited from returning to her husband Moses, since she was married to Reuven, by the law of "the woman whose husband went overseas must leave this one and this one" (10:1), and Leah is permitted to return to her husband, as was taught in the first section of this mishnah. Rabbi Yose disagrees with him, and holds that the same law applies to Leah and Rahel regarding their returning to their husbands, but there is a difference depending on whether Leah was Reuven's betrothed, or his wife. If she was his betrothed, both are prohibited from returning to their husbands, for it may be presumed that Reuven stipulated a condition in the marriage and this condition was not fulfilled, and Reuven married her sister Rahel lawfully, i.e., after Moses divorced her. She therefore requires a bill of divorce from him, lest people say that a married woman is free without a bill of divorce, and consequently she is prohibited to her husband Moses, lest people say that he re-married his divorced wife after she had married another and was divorced by him. Just as Reuven renders Rahel ineligible for Moses because of the bill of divorce he gives her, he also renders his betrothed, Leah, ineligible for himself, as his divorced wife's sister. if, however, Leah was Reuven's wife, it cannot be presumed that there was a condition in the marriage, rather all know that Rahel is prohibited to Reuven as his wife's sister as long as his wife is alive, he married her in error, and their marriage is not effective. Hence Rahel does not require a bill of divorce from Reuven, and she is permitted to return to her husband Moses; just as Reuven does not render Rahel ineligible for her husband Moses, so does he not render his wife Leah ineligible for himself. This then is the meaning of Rabbi Yose's statement: "Whoever disqualifies for others" -- i.e., Reuven disqualifies for others, e.g., if Leah was his betrothed, and he thus prohibits Rahel (his wife's sister) to her husband Moses, as was explained above, "disqualifies for himself" -- for Reuven also prohibits his betrothed, Leah, to himself; and whoever does not disqualify for others -- e.g., in the case in which Leah was Reuven's wife, Reuven does not render Rahel ineligible for her husband, since she does not require a bill of divorce from him, does not disqualify for himself -- he does not prohibit his wife, Leah, to himself.

YEVAMOT: CHAPTER 10: MISHNAH 5

If they said to him, "Your wife died," and he married her sister by her father; "She died," and he married her sister by her mother; "She died," and he married her sister by her father; "She died," and he married her sister by her mother, and it is found that they all are alive -- he is permitted the first, the third, and the fifth, and they exempt their rivals; and he is prohibited the second and the fourth, and intercourse with one of them does not exempt her rival. And if he had intercourse with the second after the death of the first -- he is permitted the second and the fourth, and they exempt their rivals; and he is prohibited the third and the fifth, and intercourse with one of them does not exempt her rival.

Kehati

If they said to him, "Your wife died" -- e.g., they said to Reuven that his wife Leah had died, and he married her sister -- Rahel, by her father -- she was Leah's sister by her father but not by her mother; and then they told him, "She -- your wife Rahel, died," and he married her sister -- Sarah, by her mother -- she was Rachel's sister by her mother but not by her father, and thus Sarah is a non-relative to Leah; and then they told him, "She -- your wife Sarah, died," and he married her sister -- Rebecca, who was Sarah's sister by her father-- but not by her mother, and it follows that Rebecca is a non-relative to Leah and Rahel; and then they told him, "She -- your wife Rebecca, died," and he married her sister -- Hannah, who was Rebecca's sister by her mother -- but not by her father, and thus Hannah is a non-relative to Leah, Rahel, and Sarah,

And it is found -- it becomes known to him afterwards, that they -- the wives, all are alive -- i.e., all the testimonies were false, he is permitted the first -- Leah, and the third -- Sarah, and the fifth -- Hannah, who are not related to one another. Although Sarah is Rahel's sister, nevertheless she is permitted to him, for the marriage of Rahel was void, because she is Leah's (his first wife) sister, and her legal status is therefore the same as of a seduced woman, whose relatives he is permitted. Similarly Hannah, although she is Rebecca's sister, nevertheless she is permitted to him, because his marriage with Sarah was effective, thereby making intercourse with Rebecca (who is Sarah's sister), and illicit act which does not prohibit Hannah to him, and they exempt their rivals -- if Reuben died childless, and his brother married by yibum one of the three women permitted to him, their rivals (i.e., the other two) are exempt from yibum and from halitzah; and he -- Reuven, is prohibited the second -- Rahel, because she is Leah's sister, and the fourth -- Rebecca, because she is Sarah's sister, and intercourse with one of them does not exempt her rival -- if Reuben died, and his brother married Rachel or Rebecca by yibum the others are not exempt from yibum because they are not Reuven's wives, and they have no yibum tie at all.

And if he had intercourse with the second after the death of the first -- i.e., if the testimony about the death of Leah was truthful, and only the other testimonies were false, and it turns out that he married Rahel after the death of Leah, he is permitted the second -- Rahel, for after the death of his wife he is permitted her sister, and the fourth -- Rebecca, for her sister Sarah has the legal status of a seduced woman, as explained above, and they exempt their rivals -- if Reuven died childless, and his brother married one of them by yibum (Rahel or Rebecca), the other one is exempted from yibum;

And he -- Reuven, is prohibited the third -- Sarah, because she is Rahel's sister, and the fifth -- Hannah, because she is Rebecca's sister, and intercourse with one of them does not exempt her rival -- if Reuven died childless and his brother married Sarah or Hannah by yibum, the rest are not exempted from yibum, because they are not Reuven's wives, and they are not eligible for yibum at all.

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