Torah Community Connections

Week 55 - Tuesday - 12 December 2000

YEVAMOT: CHAPTER 9: MISHNAH 6

If the daughter of a priest was married to an Israelite, she may not eat terumah. If he died, and she has a son by him -- she may not eat terumah. If she was married to a Levite, she eats ma'aser. If he died, and she has a son by him -- she eats ma'aser. If she was married to a priest, she eats terumah. If he died, and she has a son by him -- she eats terumah. If her son by the priest died, she may not eat terumah. If her son by the Levite died, she may not eat ma'aser. If her son by the Israelite died, she returns to her father's house; and of her it is written, "and she is returned to her father's house, as in her youth, she may eat of her father's bread" (Lev. 22:13).

Kehati

If the daughter of a priest was married to an Israelite, she may not eat terumah -- as it is written, "And if a priest's daughter be married to a stranger, she shall not eat of that which is terumah of the holy things" (Lev. 22:12).

If he -- her husband, died, and she has a son -- i.e., seed, even a daughter, by him -- she may not eat terumah -- as it is written, "But if a priest's daughter be a widow ... and have no offspring, and she is returned to her father's house, as in her youth, she may eat of her father's bread" (Lev. 22:13) -- but if she does have offspring by him, she is prohibited from eating terumah of her father's house so long as the offspring is alive. If she afterwards

Was married to a Levite, she eats ma'aser -- rishon, but not terumah. If he -- her husband the Levite, also died, and she has a son by him -- she eats ma'aser -- because of her son by the Levite.

If she was married to a priest, she eats terumah -- because of her husband the priest. Even though she has offspring by an Israelite, she is not inferior to a daughter of an Israelite who is married to a priest, who eats terumah because of her husband the priest (Hameiri).

If he -- her husband the priest, also died, and she has a son by him -- she eats terumah -- and her offspring by the Israelite does not disqualify her, because her last husband was a priest and she has offspring by him.

If her son by the priest died, she may not eat terumah -- because her offspring by the Levite disqualifies her.

If her son the Levite died, she does not eat ma'aser -- for the reason mentioned above, that his mishnah is according to Rabbi Meir, who holds that the offspring from the Israelite disqualifies her from eating ma'aser rishon.

If her son by an Israelite died -- and she has no offspring, she returns to her father's house -- and she eats terumah;

And of her it is written "and she is returned to her father's house, as in her youth, she may eat of her father's bread" -- she returns to eat only terumah, but not of the breast and the thigh (see Lev. 10:15) (Gemara). So also if the daughter of an Israelite who was married to an Israelite first and he died, and she has a son by him, and afterwards she married a priest, she eats terumah because of her husband. If her husband the priest also died, and she has a son by him, then she eats because of her last son, the one by the priest, since the son gives her the right to eat terumah just as did his father (Rambam, Hil. Terumot 6:19).

YEVAMOT: CHAPTER 10: MISHNAH 1

If a woman's husband went overseas, and they came and said to her, "Your husband died," and she married, and afterwards her husband came -- she goes forth from this one and form this one, and she requires a bill of divorce from this one and from this one; and she does not receive her ketubah, or fruits, or maintenance, or depreciation; not against this one and not against this one. And if she took from this one and from this one -- she returns. And the child is a mamzer by this one and by this one. And neither this one nor this one may render himself unclean for her; and neither this one nor this one is entitled to an object she finds, or to the work of her hands, or to annul her vows. if she was the daughter of an Israelite, she is disqualified from the priesthood, and the daughter of a Levite from ma'aser. And the daughter of a priest from terumah. And the heirs of neither this one nor of this one inherit her ketubah. And if they died, the brother of this one and the brother of this one submit to halitzah and do not marry by yibum. Rabbi Yose says, Her ketubah is a charge on the property of her first husband. Rabbi Eleazar says, The first is entitled to an object she finds and to the work of her hands, and to annul her vows. Rabbi Shimon says, Intercourse with her or her halitzah to the brother of the first exempts her rival, and the child by him is not a mamzer. And if she married without permission, she is permitted to return to him.

Kehati

This mishnah discusses the case of a married woman who was married another man in error.

If a woman's husband went overseas - i.e., to a distant land, and they came and said to her, "Your husband died" -- the Gemara deduces from the end of this mishnah that this refers to one witness who testified to the death of her husband, and she married -- relying upon this same witness, for a woman is permitted to marry on the basis of one witness (Eduy. 6:1; 8:5), and afterwards her husband came -- so that it was found that she married in error

She goes forth from this one -- her first husband, and from this one -- her second husband, for she is prohibited to both of them, as is the law of a woman who played the harlot, who is prohibited to her husband and to her paramour (Sot. 5:1). Even though the Sages accepted the testimony of one witness regarding a woman (for the sake of agunot ["chained" wives]), they ruled thus because they relied upon the woman not marry until she had thoroughly investigated and clarified the matter. Since she did not clarify the matter and married, the Sages penalized her that she must leave both, and she requires a bill of divorce from this one and from this one -- they do not permit her to wed another until she receives a bill of divorce from each one of them. From the first one by Torah law, and from the second one (even though his marriage was void) by Rabbinic law. The Sages so enacted lest people err and say that she was divorced from the first one and then married the second one, and if he were to send her away without a bill of divorce, people would think that a married woman can be divorced without a bill of divorce (Gemara);

And she does not receive her ketubah -- the financial settlement of the ketubah, i.e., the two hundred dinars that a husband writes at the time of marriage to his wife if she is a virgin, or one hundred if she is a widow, which she collects if she is widowed or divorced from him. This applies also to the supplementary ketubah (Rambam; Hameiri); or fruits -- which the second husband consumed from her property before the first one returned (Nimukei Yosef); or maintenance -- not even that which she borrowed and consumed before she was wed to the second one; or depreciation -- the wear and tear of her property. She receives only that which still exists, but not the monetary value of the depreciation. She may claim neither payment of the ketubah, nor the return of the fruits which they ate from her property, nor for maintenance, nor for depreciation (as was explained above) -- not against this one -- the first husband, and not against this one -- the second one.

And if she took -- the ketubah, or the fruits, or the other things listed above, from this one and from this one -- after the first one returned (Jer. Talmud), she returns -- they require her to return them. That which she took from the second one prior to the return of the first one, however, is not taken away from her (Jer. Talmud).

And the child is a mamze by this one and by this one -- the child by the second one is a mamzer by Torah law. And if the first husband took her back and she then bore by him, the child is a mamzer by Rabbinic law, and he is prohibited to one who is a mamzeret by Torah law. The child in the latter case is a mamzer only if the first husband took her back before the second one divorced her. If the second one divorced her, however, and afterwards the first one took her back and she bore to him, even though she is prohibited to him, the child is not a mamzer, not even by Rabbinic law (Rambam; Hameiri) And if they are priests, neither this one nor this one may render himself unclean for her -- by her burial, for a priest may not render himself unclean for a wife who is unfit for the priesthood; and neither this one nor this one is entitled to an object she finds -- since the Sages rule that the husband is entitled to an object found by his wife only to prevent enmity, and we do not fear enmity in this case, or to the work of her hands -- the reason why the work of the wife's hands belongs to the husband is because he gives her maintenance. In this case, where she does not receive maintenance from them, as taught above, the work of her hands is hers -- or to annul her vows -- the Torah granted the husband the right to annul her vows only to prevent her from becoming repulsive to him, e.g., if she vowed not to wash herself or not to adorn herself, and she would become more and more repulsive.

If she was the daughter of an Israelite and her husbands died before she was divorced, she is disqualified from the priesthood -- from marrying a priest, as is the law of a harlot; and if she was the daughter of a Levite she is disqualified from ma'aser -- though a harlot is permitted to eat ma'aser, this is a penalty imposed on her by the Sages.

And if she was the daughter of a priest she is disqualified from terumah -- the Gemara explains, even from terumah enjoined by Rabbinic decree.

And the heirs of neither this one nor of this one inherit her ketubah -- the Gemara explains that this refers to the "ketubah of male sons," for one of the conditions of the ketubah states that if the mother dies during her husband's lifetime, the male children she bears him inherit the financial settlement of her ketubah and the dowry she brought in to him; this is known as the "ketubah of male sons." In the case in this mishnah, however, if she died during the lifetime of both of them, and the husbands died afterwards, and she had children by the first and by the second, the Sages penalized her sons as well in that they do not receive the "ketubah of male sons," i.e., they do not inherit their mother's ketubah.

And if they -- the two husbands, died childless, the brother of this one and the brother of this one submit to halitzah and do not marry by yibum -- the brother of the first one submits to halitzah from her by Torah law, and does not marry her by yibum because the Sages penalized him, and the second one's brother submits to halitzah from her by Rabbinic law, just as the second one was required to give her a bill of divorce by Rabbinic law.

Rabbi Yose says, Her ketubah is a charge on the property of her first husband? -- Rabbi Yose holds that the first one is obligated to give her the money of her ketubah, since she acted in error (Hameiri).

Rabbi Eleazar says, The first is entitled to an object she finds and to the work of her hands, and to annul her vows -- for the Sages did not penalize him regarding things which are to his benefit.

Rabbi Shimon says, Intercourse with her or her halitzah to the brother of the first exempts her rival -- Rabbi Shimon holds that the brother of the first husband is permitted even to marry her by yibum, and when he does so, or when he submits to halitzah from her, he also exempts her rival. Hence he holds that she does not need to give halitzah to the brother of the second husband; and if the first one took her back and she bore by him, the child by him is not a mamzer.

And if she married without permission -- of the Court, e.g., two witnesses told her that her husband had died, and she married on the basis of their testimony, since in such a case she does not require a Court ruling, she is permitted to return to him -- to her first husband, for this is a genuine case of a circumstance beyond her control, and her second marriage is void. The halakhah follows neither Rabbi Yose, nor Rabbi Eleazar, nor Rabbi Shimon, but the First Tanna -- i.e., whether she was married with the permission of the Court on the basis of the testimony of one witness or on the testimony of two witnesses, she must leave both under the observance of all the laws listed above.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives