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Week 56 - Sunday-17 December 2000

YEVAMOT: CHAPTER 11: MISHNAH 1

One may wed of a violated woman or of a seduced woman. He who violates or seduces of the married woman is liable. A man may wed the woman violated by his father, and the woman seduced by his father, the woman violated by his son, or the woman seduced by his son. Rabbi Yehudah prohibits the woman violated by his father or the woman seduced by his father.

Kehati

One may wed the relatives of a violated woman -- whom he violated or of a seduced woman -- whom he seduced, e.g., her daughter, her mother, or her sister, for the woman's relatives are prohibited only because of her marriage, but not because of illicit sexual intercourse.

He who violated or seduces the relatives of the married woman -- of his wife, who is lawfully married to him, is liable -- to the punishment stated regarding them, e.g., if he violated his wife's daughter, he is liable to the Court-imposed death penalty (burning), and if he violated his wife's sister, he is liable to karet.

A man may wed the woman violated by his father, or the woman seduced by his father -- for the Torah prohibited only his father's wife, as it is written, "The nakedness of your father's wife you shall not uncover" (Lev. 18:8), and the woman in this case is not his wife; and similarly a man may wed the woman violated by his son, and the woman seduced by his son -- for the Torah prohibited only his son's lawfully married wife, as it is written, "You shall not uncover the nakedness of your daughter-in-law, she is your son's wife" (ibid., v. 15), and the woman in this case is not his wife.

Rabbi Yehudah prohibits the woman violated by his father or the woman seduced by his father -- as it is written, "A man shall not take his father's wife, and shall not uncover his father's skirt" (Deut. 23:1), which Rabbi Yehudah understands as follows: you shall not uncover the skirt which your father saw, i.e., the woman he violated or seduced. The First Tanna understands this verse as referring to his father's shomeret yavam. The halakhah follows the First Tanna.

The Gemara explains that the law which was taught in the first section of the mishnah, "One may wed of a violated woman or of a seduced woman," which implies even lekhathilah allows it only after the death of the violated or seduced woman. During her lifetime, however, the Sages prohibited him from marrying her relatives, because the violated or seduced woman is accustomed to go to her relatives to visit them, and since he is familiar with her, we fear that he may commit a transgression.

YEVAMOT: CHAPTER 11: MISHNAH 2

The sons of a female convert who converted with her do not submit to halitzah and do not marry by yibum, even if the conception of the first one was not in sanctity and his birth was in sanctity, and the conception and birth of the second were in sanctity. So, too, the sons of a bondwoman who were freed with her.

Kehati

The sons of a female convert who converted with her -- and after they converted they married, and one of them died childless, do not submit to halitzah and do not marry by yibum -- since yibum applies only to brothers by the father, and converts do not have the status of a fraternal relationship by the father. Melekhet Shelomo comments that this mishnah refers to converts whose conception and birth were not in sanctity, and who therefore have no status of fraternal relationship at all, not even by the mother, and they are as non-relatives one to the other;

Even if the conception of the first one was not in sanctity and his birth in sanctity, and the conception and birth of the second were in sanctity -- i.e., even if her two sons were born to her in sanctity, i.e., after she converted, and the second one was even conceived in sanctity, after she converted, nevertheless, since the first one was not conceived in sanctity (i.e., prior to her conversion), there is no legal fraternal relationship by the father between them, and the law of yibum does not apply to them.

So, too, the sons of a bondwoman who were freed with her -- they do not have a legal brotherly relationship by the father, and they neither submit to halitzah nor marry by yibum.

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