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Week 53 - Sunday- 26 November 2000

YEVAMOT: CHAPTER 4: MISHNAH 11

If four brothers were married to four women, and died: if the eldest of them wished to marry by yibum all of them -- he is permitted. If a man was married to two wives and died -- intercourse or halitzah with one of them exempts her rival. If one was eligible, and one was ineligible: if he wished to submit to halitzah, he submits to halitzah from the ineligible one; but if he wanted to marry by yibum, he does so with the eligible one.

Kehati

This mishnah teaches that one man may marry by yibum a number of yevamot, each of whom is the widow of a different brother, but he is prohibited from marrying by yibum with, or from submitting to halitzah from a number of yevamot who were married to one brother.

If four brothers -- the Gemara explains that there were six or more brothers, and four fo them were married to four women, and they died -- childless, and the wives came before the other brothers for yibum: if the eldest of them -- of the living brothers, wished to marry by, yibum all of them -- the four yevamot, he is permitted to perform yibum to a number of yevamot, each of whom was the widow of another brother. The Gemara explains that the mishnah refers to the case of a wealthy yavam capable of supporting all of them, for a baraita teaches that generally one gives him good advice that he should not introduce discord into his house.

If a man was married to two wives and died -- childless, intercourse or halitzah with one of them exempts her rival -- he is prohibited from marrying by yibum both of them, as it is written, "that does not build up his brother's house" (Deut. 25:9) -- he builds up one house but not two houses. He is also prohibited from submitting to halitzah from both of them, as it is written, "The house of him who had his shoe loosened" (ib. ib. 10) -- he submits to halitzah from one house, and he does not submit to halitzah from two houses. Nor may he marry one by yibum and submit -- to halitzah from the other, as it is written, "And if the man like not to take his brother's wife ... she looses his shoe from off his foot" (ib. ib. 7-9), but if he does like, he marries by yibum. Hence we learn that a woman who may be married by yibum may perform halitzah, while a woman who may not be married by yibum may not perform halitzah. So, too, in this case, after he has married by yibum the first one, the second may not be married by yibum; she therefore she may not perform halitzah. And if he intitially submitted to halitzah from one, he may not marry the second one by yibum, for since she may not perform halitzah to him, because he may not submit to halitzah from two houses, therefore she is not eligible for yibum. Furthermore, since we learn that "he does not submit to halitzah from two houses," this implies that after he submitted to halitzah from one woman, the second one is permitted to any man. Tosafot explains the reason as follows: as it is written, "that will not build up" -- since he did not build up, he may no longer build up (Yev. 44a)

If one -- of the widows, was eligible, and one was not eligible -- to marry a priest, e.g., his brother had married a divorcee: if he wished to submit to halitzah, he submits to halitzah from the ineligible one -- so that by halitzah he should not render the eligible one ineligible for the priesthood by the halitzah. In reference to this, the Gemara cites Rabbi's saying: "A man should not pour the water out of his pit, while others require it"; but if he wanted to marry by yibum, he does so with the eligible one -- i.e., he may marry by yibum even the eligible one; Rambam writes: "He marries by yibum whichever one he wishes" (Hil. yibum 1:10).

YEVAMOT: CHAPTER 4: MISHNAH 12

If a man re-marries his divorced wife, or marries his halutzah, or marries his halutzah's relative -- he must divorce her, and the child is a mamzer. So Rabbi Akiva. But the Sages say, The child is not a mamzer. And they agree that if a person married the relative of his divorced wife, the child is a mamzer.

Kehati

This mishnah discusses whether the child who is the offspring fo a marriage involving the transgression of a Torah prohibition for which the partners are liable to lashes is a mamzer.

If a man re-marries his divorced wife -- after she had been married to another, and had been divorced or widowed by him, he has transgressed a Torah prohibition, as it is written, "Her former husband, who sent her away, may not take her again to be his wife" (Deut. 24:4), or marries his halutzah -- who also is prohibited to him by Torah law, as it is written, "that will not build up his brother's house" (Deut. 25:9) -- once he did not build up, he may no longer build up, or marries his halutzah's relative -- e.g., her mother or her sister, who is prohibited to him, he must divorce her and the child born of this marriage is a mamzer;

So Rabbi Akiva -- who holds that the offspring of union forbidden by the Torah and punishable by lashes is a mamzer. Rabbi Akiva also holds that his halutzah's relative is prohibited to him by Torah law as is the relative of his divorced wife, since the Torah calls the halutzah "his house" (i.e., his wife), as it is written, "The house of him that had his shoe loosed" (Deut. 25:10).

But the Sages say, The child is not a mamzer -- i.e., the fruit of a union forbidden by the Torah prohibition and punishable by lashes is not a mamzer. Regarding the relative of his halutzah, the child certainly is not a mamzer, for, according to the Sages, she is prohibited only by Rabbinic law.

And they -- the Sages, agree that if a person married the relative of his divorced wife -- e.g., her mother, her daughter, or her sister, the child is a mamzer -- for his divorced wife is as his wife, and if he has intercourse with her relatives he is liable to karet and the Sages also hold that hte offspring of a marriage punishable by karet is a mamzer.

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