Torah Community Connections

Week 53 - Wednesday - 29 November 2000

YEVAMOT: CHAPTER 5: MISHNAH 4

How so? If he married this one by ma'amar, and that one by ma'amar, they require two bills of divorce and halitzah. Ma'amar to this one and a bill of divorce to that one -- she requires a bill of divorce and halitzah. Ma'amar to this one, and intercourse with that one -- they require two bills of divorce and halitzah. Ma'amar to this one, and he submitted to halitzah from that one -- the first requires a bill of divorce. A bill of divorce to this one, and a bill of divorce to that one -- they require from him halitzah. A bill of divorce to this one, and he had intercourse wit that one -- she requires a bill of divorce and halitzah. A bill of divorce to this one, and ma'amar to that one -- she requires a bill of divorce and halitzah. A bill of divorce to this one, and he submitted to halitzah from that one -- nothing follows halitzah.

Kehati

How so -- is the law regarding two yevamot tied to one yavam? If he married this one by ma'amar, and afterwards that one -- the second one, they require two bills of divorce -- each one requires a bill of divorce, according to the opnion of the Sages in mishnah 5:1, that ma'amar after ma'amar is effective, and one of them requires halitzah -- and she exempts her rival.

If he was married by

Ma'amar to this one, and afterwards gave a bill of divorce to that one -- the second one, she -- the one whom he married by ma'amar, requires a bill of divorce -- because once he gave a bill of divorce to the other one, she is prohibited to him, and one of them requires halitzah -- and she exempts her rival.

Ma'amar to this one -- he married one of them, and afterwards had intercourse with that one -- the other one, they require two bills of divorce -- one because of his ma'amar, and the other because of his act of sexual intercourse, and halitzah -- from one of the, for even teh one with thowm he had sexual intercourse also requires halitzah, for since he had sexual intercourse with her after he married the first by ma'amar, this act of sexual intercourse was unlawful. If he was married by ma'amar to this one -- one of them, and afterwards he submitted to halitzah from that one -- the other, the first requires a bill of divorce -- to annul the marriage effected by his ma'amar.

A bill of divorce to this one, and a bill of divorce to that one -- if he gave a bill of divorce to each of them, they require from him halitzah -- to dissolve their yibum tie, i.e., he submits to halitzah from one of them and she exempts her rival). He gave a bill of divorce to this one -- one of them, and afterwards he had intercourse with that one -- the other, she -- the one with whom he had sexual intercourse, requires a bill of divorce -- as the act of sexual intercourse was unlawful once he had given the bill of divorce to the first one, and one of them requires halitzah -- and she exempts her rival.

If he gave a bill divorce to this one -- one of them, and afterwards was married by ma'amar to that one --- the other, she -- the one whom he married by ma'amar, requires a bill of divorce -- because of the ma'amar, and one of them requires halitzah -- and she exempts her rival.

If he gave a bill of divorce to this one -- one of them, and afterwards he submitted to halitzah from that one -- the other, nothing follows halitzah -- and if he once again betrothed his halutzah or her rival, the marriage is void, according to the opinion of Rabbi Akiva, who holds tha tmarriage involving a Torah prohibition punishable by lashes is void. The halakhah, however, follows the Sages, that a marriage involving a Torah prohibition punishable by lashes is valid, and therefore, if he married her after the halitzah, she requires a bill of divorce from him.

YEVAMOT: CHAPTER 5: MISHNAH 5

If he submitted to halitzah and he submitted to halitzah, or he submitted to halitzah and he married by ma'amar, he gave a bill of divorce and he had intercourse, or: he had intercourse and he had intercourse, or he had intercourse and he married by ma'amar, he gave a bill of divorce and he submitted to halitzah -- nothing follows halitzah, whether one yavam to two yevamot, or two yevamim to one yevamah.

Kehati

This mishnah continues to discuss the case of two yevamot who were married to one brother and are tied to one yavam.

If he submitted to halitzah -- from one, and afterwards he submitted to halitzah -- from the other or he submitted to halitzah -- from one, and afterwards he married by ma'amar -- the other one, or if he gave a bill of divorce to, and -- or -- he had intercourse -- with, the second, or: he had intercourse -- with one, and afterwards he had intercourse -- with the other, or he had intercourse -- with one, and married by ma'amar -- the other, or he gave a bill of divorce to, and -- or -- he submitted to halitzah -- from, the second one,

Nothing follows halitzah -- i.e., whatever he did to the second one after he submitted to halitzah from the first is of no legal significance, and he is permitted to marry the realtives of the second. And likewise, nothing follows the act of sexual intercourse, i.e., what he did to the second one after he had intercourse with the first is of no legal significance, and he is permitted to marry the relatives of the second,

Whether one yavam to two yevamot, or two yevamim to one yevamay -- also in the case of two yevamim and one yevamah, if one of the yevamim married her by ma'amar, or gave her a bill of divorce, or submitted to halitzah from her, or had intercourse with her, and afterwards his fellow did one of these acts, the same laws apply to her, that nothing follows halitzah and nothing follows intercourse, whereas after ma'amar or a bill of divorce she requires a bill of divorce and halitzah or only halitzah, as was explained regarding the case of one yavam and two yevamot.

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