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Week 56 - Monday - 18 December 2000

YEVAMOT: CHAPTER 11: MISHNAH 3

Five women whose children became mixed up, and grew up mixed up, and married and died -- four submit to halitzah from one, and one marries her by yibum. He and three submit to halitzah from another one, and one marries by yibum. Thus there are four halitzot and one yibum to each one.

Kehati

Five women whose children became mixed up -- and it is not known which is the son of which mother, and each of them has another son who did not become mixed up. The mishnah's "five women," does not refer only to a case of five women, and is only used as an example; and -- the sons who had become mixed up, grew up mixed up, and married, and died -- childless, and due to the doubt, each one of the wives has a yibum tie to the five sons who had not become mixed up, since each of the wives had a yavam among them, four -- of them, submit to halitzah from one -- of the five women since she is possibly his brother's wife, and one marries her by yibum -- after the halitzah, for she is permitted to him either way: if she is his brother's wife, he is fulfilling the mitzvah of yibum, and if not, her yavam has submitted to halitzah from her and she is permitted to marry anyone.

He -- the one who had performed yibum, and another three with him submit to halitzah from another one -- of these women, and one marries by yibum -- to her; and the two who married by yibum with another two with them, then submit to halitzah from another wife, and one marries by yibum; and the three who performed yibum with another one then submit to halitzah from another wife, and one marries her by yibum; and the four who married by yibum then submit to halitzah from the last woman, and the last man marries her by yibum.

Thus there are four halitzot -- each woman first performs halitzah to four of the yevamim, and one yibum to each one -- each one of them marries by yibum one of the women, after she has performed halitzah to the other four men; after four of the men have submitted to halitzah from all the women the fifth one may wed all of them as his yevamot. However, it is preferable to act in accordance with this mishnah, since each of the men may by chance marry the woman tied to him for yibum, and each of them will thereby fulfill the obligation of yibum (Gemara).

YEVAMOT: CHAPTER 11: MISHNAH 4

If a woman's child became mixed up with her daughter-in-law's child, and they grew up mixed up, and married, and died -- the daughter-in-law's sons submit to halitzah and do not marry by yibum, since it is in doubt whether she is his brother's wife, or his father's brother's wife; and the sons of the grandmother either submit to halitzah or marry by yibum, since it is in doubt whether she is his brother's wife or his brother's son's wife. If the fit ones died -- the sons of those mixed up submit to halitzah from the sons of the grandmother, and do not perform yibum since it is in doubt whether she is his brother's wife, or his father's brother's wife; and the sons of the daughter-in-law -- one submits to halitzah and one marries by yibum.

Kehati

If a woman's child became mixed up with her daughter-in-law's child -- i.e., one of the children is the brother of the father of the other one, and the woman and her daughter-in-law have other sons, and they -- the sons who had become mixed up, grew up mixed up, and married and died -- childless, the daughter-in-law's certain sons submit to halitzah -- from the two yevamot, and do not marry them by yibum since it is in doubt whether she is his brother's wife, or his father's brother's wife -- each one of the yevamot is, vis-a-vis the certain son of the daughter-in-law, possibly his brother's wife, and tied to him for yibum, but she may be the wife of his father's brother who is prohibited to him -- (Lev. 18:14);

And the certain sons of the grandmother either submit to halitzah or marry by yibum -- after the sons of the daughter-in-law submitted to halitzah from them, the sons of the grandmother may marry them by yibum, since it is in doubt whether she is his brother's wife, or his brother's son's wife -- each one of the women is, vis-a-vis the son of the grandmother, possibly his brother's wife who comes to him for yibum, or possibly his brother's son's wife, whose yavam has already submitted to halitzah from her, and she is permitted to marry him, since a man is permitted to marry his brother's son's wife).

If the fit ones -- i.e., the certain ones, who had not become mixed up, died -- childless, the sons of those who had become mixed up, submit to halitzah from each of the wives of the sons of the grandmother, and do not perform yibum, since about each it is in doubt whether she is his brother's wife, or his father's brother's wife -- each one of the wives of the grandmother's sons is, vis-a-vis each of the sons who had become mixed up, possibly his brother's wife who requires yibum, possibly his father's brother's wife, who is prohibited to him; and -- as for each of the wives of --

The sons of the daughter-in-law, one of the sons who had become mixed up submits to halitzah -- from her, first, and one marries by yibum -- after the halitzah, since if she is his brother's wife, he thereby fulfills the mitzvah of yibum; and if not, she is the wife of his brother's son, and she is permitted to him after her halitzah.

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