Yevamot No.1: All in the Family
(א) וּבֹ֨עַז עָלָ֣ה הַשַּׁ֘עַר֮ וַיֵּ֣שֶׁב שָׁם֒ וְהִנֵּ֨ה הַגֹּאֵ֤ל עֹבֵר֙ אֲשֶׁ֣ר דִּבֶּר־בֹּ֔עַז וַיֹּ֛אמֶר ס֥וּרָה שְׁבָה־פֹּ֖ה פְּלֹנִ֣י אַלְמֹנִ֑י וַיָּ֖סַר וַיֵּשֵֽׁב׃ (ב) וַיִּקַּ֞ח עֲשָׂרָ֧ה אֲנָשִׁ֛ים מִזִּקְנֵ֥י הָעִ֖יר וַיֹּ֣אמֶר שְׁבוּ־פֹ֑ה וַיֵּשֵֽׁבוּ׃ (ג) וַיֹּ֙אמֶר֙ לַגֹּאֵ֔ל חֶלְקַת֙ הַשָּׂדֶ֔ה אֲשֶׁ֥ר לְאָחִ֖ינוּ לֶאֱלִימֶ֑לֶךְ מָכְרָ֣ה נׇעֳמִ֔י הַשָּׁ֖בָה מִשְּׂדֵ֥ה מוֹאָֽב׃ (ד) וַאֲנִ֨י אָמַ֜רְתִּי אֶגְלֶ֧ה אׇזְנְךָ֣ לֵאמֹ֗ר קְ֠נֵ֠ה נֶ֥גֶד הַיֹּשְׁבִים֮ וְנֶ֣גֶד זִקְנֵ֣י עַמִּי֒ אִם־תִּגְאַל֙ גְּאָ֔ל וְאִם־לֹ֨א יִגְאַ֜ל הַגִּ֣ידָה לִּ֗י (ואדע) [וְאֵֽדְעָה֙] כִּ֣י אֵ֤ין זוּלָֽתְךָ֙ לִגְא֔וֹל וְאָנֹכִ֖י אַחֲרֶ֑יךָ וַיֹּ֖אמֶר אָנֹכִ֥י אֶגְאָֽל׃ (ה) וַיֹּ֣אמֶר בֹּ֔עַז בְּיוֹם־קְנוֹתְךָ֥ הַשָּׂדֶ֖ה מִיַּ֣ד נׇעֳמִ֑י וּ֠מֵאֵ֠ת ר֣וּת הַמּוֹאֲבִיָּ֤ה אֵֽשֶׁת־הַמֵּת֙ (קניתי) [קָנִ֔יתָ] לְהָקִ֥ים שֵׁם־הַמֵּ֖ת עַל־נַחֲלָתֽוֹ׃ (ו) וַיֹּ֣אמֶר הַגֹּאֵ֗ל לֹ֤א אוּכַל֙ (לגאול) [לִגְאׇל־]לִ֔י פֶּן־אַשְׁחִ֖ית אֶת־נַחֲלָתִ֑י גְּאַל־לְךָ֤ אַתָּה֙ אֶת־גְּאֻלָּתִ֔י כִּ֥י לֹא־אוּכַ֖ל לִגְאֹֽל׃ (ז) וְזֹאת֩ לְפָנִ֨ים בְּיִשְׂרָאֵ֜ל עַל־הַגְּאֻלָּ֤ה וְעַל־הַתְּמוּרָה֙ לְקַיֵּ֣ם כׇּל־דָּבָ֔ר שָׁלַ֥ף אִ֛ישׁ נַעֲל֖וֹ וְנָתַ֣ן לְרֵעֵ֑הוּ וְזֹ֥את הַתְּעוּדָ֖ה בְּיִשְׂרָאֵֽל׃ (ח) וַיֹּ֧אמֶר הַגֹּאֵ֛ל לְבֹ֖עַז קְנֵה־לָ֑ךְ וַיִּשְׁלֹ֖ף נַעֲלֽוֹ׃ (ט) וַיֹּ֩אמֶר֩ בֹּ֨עַז לַזְּקֵנִ֜ים וְכׇל־הָעָ֗ם עֵדִ֤ים אַתֶּם֙ הַיּ֔וֹם כִּ֤י קָנִ֙יתִי֙ אֶת־כׇּל־אֲשֶׁ֣ר לֶאֱלִימֶ֔לֶךְ וְאֵ֛ת כׇּל־אֲשֶׁ֥ר לְכִלְי֖וֹן וּמַחְל֑וֹן מִיַּ֖ד נׇעֳמִֽי׃ (י) וְגַ֣ם אֶת־ר֣וּת הַמֹּאֲבִיָּה֩ אֵ֨שֶׁת מַחְל֜וֹן קָנִ֧יתִי לִ֣י לְאִשָּׁ֗ה לְהָקִ֤ים שֵׁם־הַמֵּת֙ עַל־נַ֣חֲלָת֔וֹ וְלֹא־יִכָּרֵ֧ת שֵׁם־הַמֵּ֛ת מֵעִ֥ם אֶחָ֖יו וּמִשַּׁ֣עַר מְקוֹמ֑וֹ עֵדִ֥ים אַתֶּ֖ם הַיּֽוֹם׃ (יא) וַיֹּ֨אמְר֜וּ כׇּל־הָעָ֧ם אֲשֶׁר־בַּשַּׁ֛עַר וְהַזְּקֵנִ֖ים עֵדִ֑ים יִתֵּן֩ יְהֹוָ֨ה אֶֽת־הָאִשָּׁ֜ה הַבָּאָ֣ה אֶל־בֵּיתֶ֗ךָ כְּרָחֵ֤ל ׀ וּכְלֵאָה֙ אֲשֶׁ֨ר בָּנ֤וּ שְׁתֵּיהֶם֙ אֶת־בֵּ֣ית יִשְׂרָאֵ֔ל וַעֲשֵׂה־חַ֣יִל בְּאֶפְרָ֔תָה וּקְרָא־שֵׁ֖ם בְּבֵ֥ית לָֽחֶם׃ (יב) וִיהִ֤י בֵֽיתְךָ֙ כְּבֵ֣ית פֶּ֔רֶץ אֲשֶׁר־יָלְדָ֥ה תָמָ֖ר לִיהוּדָ֑ה מִן־הַזֶּ֗רַע אֲשֶׁ֨ר יִתֵּ֤ן יְהֹוָה֙ לְךָ֔ מִן־הַֽנַּעֲרָ֖ה הַזֹּֽאת׃ (יג) וַיִּקַּ֨ח בֹּ֤עַז אֶת־רוּת֙ וַתְּהִי־ל֣וֹ לְאִשָּׁ֔ה וַיָּבֹ֖א אֵלֶ֑יהָ וַיִּתֵּ֨ן יְהֹוָ֥ה לָ֛הּ הֵרָי֖וֹן וַתֵּ֥לֶד בֵּֽן׃
(1) Meanwhile, Boaz had gone to the gate and sat down there. And now the redeemer whom Boaz had mentioned passed by. He called, “Come over and sit down here, So-and-so!” And he came over and sat down. (2) Then [Boaz] took ten elders of the town and said, “Be seated here”; and they sat down. (3) He said to the redeemer, “Naomi, now returned from the country of Moab, must sell the piece of land which belonged to our kinsman Elimelech. (4) I thought I should disclose the matter to you and say: Acquire it in the presence of those seated here and in the presence of the elders of my people. If you are willing to redeem it, redeem! But if you will not redeem, tell me, that I may know. For there is no one to redeem but you, and I come after you.” “I am willing to redeem it,” he replied. (5) Boaz continued, “When you acquire the property from Naomi and from Ruth the Moabite, you must also acquire the wife of the deceased,-b so as to perpetuate the name of the deceased upon his estate.” (6) The redeemer replied, “Then I cannot redeem it for myself, lest I impair my own estate. You take over my right of redemption, for I am unable to exercise it.” (7) Now this was formerly done in Israel in cases of redemption or exchange: to validate any transaction, one man would take off his sandal and hand it to the other. Such was the practice in Israel. (8) So when the redeemer said to Boaz, “Acquire for yourself,” he drew off his sandal. (9) And Boaz said to the elders and to the rest of the people, “You are witnesses today that I am acquiring from Naomi all that belonged to Elimelech and all that belonged to Chilion and Mahlon. (10) I am also acquiring Ruth the Moabite, the wife of Mahlon, as my wife, so as to perpetuate the name of the deceased upon his estate, that the name of the deceased may not disappear from among his kinsmen and from the gate of his home town. You are witnesses today.” (11) All the people at the gate and the elders answered, “We are. May the LORD make the woman who is coming into your house like Rachel and Leah, both of whom built up the House of Israel! Prosper in Ephrathah and perpetuate your name in Bethlehem! (12) And may your house be like the house of Perez whom Tamar bore to Judah—through the offspring which the LORD will give you by this young woman.” (13) So Boaz married Ruth; she became his wife, and he cohabited with her. The LORD let her conceive, and she bore a son.
(א) וַֽיְהִי֙ בָּעֵ֣ת הַהִ֔וא וַיֵּ֥רֶד יְהוּדָ֖ה מֵאֵ֣ת אֶחָ֑יו וַיֵּ֛ט עַד־אִ֥ישׁ עֲדֻלָּמִ֖י וּשְׁמ֥וֹ חִירָֽה׃ (ב) וַיַּרְא־שָׁ֧ם יְהוּדָ֛ה בַּת־אִ֥ישׁ כְּנַעֲנִ֖י וּשְׁמ֣וֹ שׁ֑וּעַ וַיִּקָּחֶ֖הָ וַיָּבֹ֥א אֵלֶֽיהָ׃ (ג) וַתַּ֖הַר וַתֵּ֣לֶד בֵּ֑ן וַיִּקְרָ֥א אֶת־שְׁמ֖וֹ עֵֽר׃ (ד) וַתַּ֥הַר ע֖וֹד וַתֵּ֣לֶד בֵּ֑ן וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ אוֹנָֽן׃ (ה) וַתֹּ֤סֶף עוֹד֙ וַתֵּ֣לֶד בֵּ֔ן וַתִּקְרָ֥א אֶת־שְׁמ֖וֹ שֵׁלָ֑ה וְהָיָ֥ה בִכְזִ֖יב בְּלִדְתָּ֥הּ אֹתֽוֹ׃ (ו) וַיִּקַּ֧ח יְהוּדָ֛ה אִשָּׁ֖ה לְעֵ֣ר בְּכוֹר֑וֹ וּשְׁמָ֖הּ תָּמָֽר׃ (ז) וַיְהִ֗י עֵ֚ר בְּכ֣וֹר יְהוּדָ֔ה רַ֖ע בְּעֵינֵ֣י יְהֹוָ֑ה וַיְמִתֵ֖הוּ יְהֹוָֽה׃ (ח) וַיֹּ֤אמֶר יְהוּדָה֙ לְאוֹנָ֔ן בֹּ֛א אֶל־אֵ֥שֶׁת אָחִ֖יךָ וְיַבֵּ֣ם אֹתָ֑הּ וְהָקֵ֥ם זֶ֖רַע לְאָחִֽיךָ׃ (ט) וַיֵּ֣דַע אוֹנָ֔ן כִּ֛י לֹּ֥א ל֖וֹ יִהְיֶ֣ה הַזָּ֑רַע וְהָיָ֞ה אִם־בָּ֨א אֶל־אֵ֤שֶׁת אָחִיו֙ וְשִׁחֵ֣ת אַ֔רְצָה לְבִלְתִּ֥י נְתׇן־זֶ֖רַע לְאָחִֽיו׃ (י) וַיֵּ֛רַע בְּעֵינֵ֥י יְהֹוָ֖ה אֲשֶׁ֣ר עָשָׂ֑ה וַיָּ֖מֶת גַּם־אֹתֽוֹ׃ (יא) וַיֹּ֣אמֶר יְהוּדָה֩ לְתָמָ֨ר כַּלָּת֜וֹ שְׁבִ֧י אַלְמָנָ֣ה בֵית־אָבִ֗יךְ עַד־יִגְדַּל֙ שֵׁלָ֣ה בְנִ֔י כִּ֣י אָמַ֔ר פֶּן־יָמ֥וּת גַּם־ה֖וּא כְּאֶחָ֑יו וַתֵּ֣לֶךְ תָּמָ֔ר וַתֵּ֖שֶׁב בֵּ֥ית אָבִֽיהָ׃ (יב) וַיִּרְבּוּ֙ הַיָּמִ֔ים וַתָּ֖מׇת בַּת־שׁ֣וּעַ אֵֽשֶׁת־יְהוּדָ֑ה וַיִּנָּ֣חֶם יְהוּדָ֗ה וַיַּ֜עַל עַל־גֹּֽזְזֵ֤י צֹאנוֹ֙ ה֗וּא וְחִירָ֛ה רֵעֵ֥הוּ הָעֲדֻלָּמִ֖י תִּמְנָֽתָה׃ (יג) וַיֻּגַּ֥ד לְתָמָ֖ר לֵאמֹ֑ר הִנֵּ֥ה חָמִ֛יךְ עֹלֶ֥ה תִמְנָ֖תָה לָגֹ֥ז צֹאנֽוֹ׃ (יד) וַתָּ֩סַר֩ בִּגְדֵ֨י אַלְמְנוּתָ֜הּ מֵֽעָלֶ֗יהָ וַתְּכַ֤ס בַּצָּעִיף֙ וַתִּתְעַלָּ֔ף וַתֵּ֙שֶׁב֙ בְּפֶ֣תַח עֵינַ֔יִם אֲשֶׁ֖ר עַל־דֶּ֣רֶךְ תִּמְנָ֑תָה כִּ֤י רָאֲתָה֙ כִּֽי־גָדַ֣ל שֵׁלָ֔ה וְהִ֕וא לֹֽא־נִתְּנָ֥ה ל֖וֹ לְאִשָּֽׁה׃ (טו) וַיִּרְאֶ֣הָ יְהוּדָ֔ה וַֽיַּחְשְׁבֶ֖הָ לְזוֹנָ֑ה כִּ֥י כִסְּתָ֖ה פָּנֶֽיהָ׃ (טז) וַיֵּ֨ט אֵלֶ֜יהָ אֶל־הַדֶּ֗רֶךְ וַיֹּ֙אמֶר֙ הָֽבָה־נָּא֙ אָב֣וֹא אֵלַ֔יִךְ כִּ֚י לֹ֣א יָדַ֔ע כִּ֥י כַלָּת֖וֹ הִ֑וא וַתֹּ֙אמֶר֙ מַה־תִּתֶּן־לִ֔י כִּ֥י תָב֖וֹא אֵלָֽי׃ (יז) וַיֹּ֕אמֶר אָנֹכִ֛י אֲשַׁלַּ֥ח גְּדִֽי־עִזִּ֖ים מִן־הַצֹּ֑אן וַתֹּ֕אמֶר אִם־תִּתֵּ֥ן עֵרָב֖וֹן עַ֥ד שָׁלְחֶֽךָ׃ (יח) וַיֹּ֗אמֶר מָ֣ה הָעֵֽרָבוֹן֮ אֲשֶׁ֣ר אֶתֶּן־לָךְ֒ וַתֹּ֗אמֶר חֹתָֽמְךָ֙ וּפְתִילֶ֔ךָ וּמַטְּךָ֖ אֲשֶׁ֣ר בְּיָדֶ֑ךָ וַיִּתֶּן־לָ֛הּ וַיָּבֹ֥א אֵלֶ֖יהָ וַתַּ֥הַר לֽוֹ׃ (יט) וַתָּ֣קׇם וַתֵּ֔לֶךְ וַתָּ֥סַר צְעִיפָ֖הּ מֵעָלֶ֑יהָ וַתִּלְבַּ֖שׁ בִּגְדֵ֥י אַלְמְנוּתָֽהּ׃ (כ) וַיִּשְׁלַ֨ח יְהוּדָ֜ה אֶת־גְּדִ֣י הָֽעִזִּ֗ים בְּיַד֙ רֵעֵ֣הוּ הָֽעֲדֻלָּמִ֔י לָקַ֥חַת הָעֵרָב֖וֹן מִיַּ֣ד הָאִשָּׁ֑ה וְלֹ֖א מְצָאָֽהּ׃ (כא) וַיִּשְׁאַ֞ל אֶת־אַנְשֵׁ֤י מְקֹמָהּ֙ לֵאמֹ֔ר אַיֵּ֧ה הַקְּדֵשָׁ֛ה הִ֥וא בָעֵינַ֖יִם עַל־הַדָּ֑רֶךְ וַיֹּ֣אמְר֔וּ לֹא־הָיְתָ֥ה בָזֶ֖ה קְדֵשָֽׁה׃ (כב) וַיָּ֙שׇׁב֙ אֶל־יְהוּדָ֔ה וַיֹּ֖אמֶר לֹ֣א מְצָאתִ֑יהָ וְגַ֨ם אַנְשֵׁ֤י הַמָּקוֹם֙ אָֽמְר֔וּ לֹא־הָיְתָ֥ה בָזֶ֖ה קְדֵשָֽׁה׃ (כג) וַיֹּ֤אמֶר יְהוּדָה֙ תִּֽקַּֽח־לָ֔הּ פֶּ֖ן נִהְיֶ֣ה לָב֑וּז הִנֵּ֤ה שָׁלַ֙חְתִּי֙ הַגְּדִ֣י הַזֶּ֔ה וְאַתָּ֖ה לֹ֥א מְצָאתָֽהּ׃ (כד) וַיְהִ֣י ׀ כְּמִשְׁלֹ֣שׁ חֳדָשִׁ֗ים וַיֻּגַּ֨ד לִֽיהוּדָ֤ה לֵֽאמֹר֙ זָֽנְתָה֙ תָּמָ֣ר כַּלָּתֶ֔ךָ וְגַ֛ם הִנֵּ֥ה הָרָ֖ה לִזְנוּנִ֑ים וַיֹּ֣אמֶר יְהוּדָ֔ה הוֹצִיא֖וּהָ וְתִשָּׂרֵֽף׃ (כה) הִ֣וא מוּצֵ֗את וְהִ֨יא שָׁלְחָ֤ה אֶל־חָמִ֙יהָ֙ לֵאמֹ֔ר לְאִישׁ֙ אֲשֶׁר־אֵ֣לֶּה לּ֔וֹ אָנֹכִ֖י הָרָ֑ה וַתֹּ֙אמֶר֙ הַכֶּר־נָ֔א לְמִ֞י הַחֹתֶ֧מֶת וְהַפְּתִילִ֛ים וְהַמַּטֶּ֖ה הָאֵֽלֶּה׃ (כו) וַיַּכֵּ֣ר יְהוּדָ֗ה וַיֹּ֙אמֶר֙ צָֽדְקָ֣ה מִמֶּ֔נִּי כִּֽי־עַל־כֵּ֥ן לֹא־נְתַתִּ֖יהָ לְשֵׁלָ֣ה בְנִ֑י וְלֹֽא־יָסַ֥ף ע֖וֹד לְדַעְתָּֽהּ׃ (כז) וַיְהִ֖י בְּעֵ֣ת לִדְתָּ֑הּ וְהִנֵּ֥ה תְאוֹמִ֖ים בְּבִטְנָֽהּ׃ (כח) וַיְהִ֥י בְלִדְתָּ֖הּ וַיִּתֶּן־יָ֑ד וַתִּקַּ֣ח הַמְיַלֶּ֗דֶת וַתִּקְשֹׁ֨ר עַל־יָד֤וֹ שָׁנִי֙ לֵאמֹ֔ר זֶ֖ה יָצָ֥א רִאשֹׁנָֽה׃ (כט) וַיְהִ֣י ׀ כְּמֵשִׁ֣יב יָד֗וֹ וְהִנֵּה֙ יָצָ֣א אָחִ֔יו וַתֹּ֕אמֶר מַה־פָּרַ֖צְתָּ עָלֶ֣יךָ פָּ֑רֶץ וַיִּקְרָ֥א שְׁמ֖וֹ פָּֽרֶץ׃ (ל) וְאַחַר֙ יָצָ֣א אָחִ֔יו אֲשֶׁ֥ר עַל־יָד֖וֹ הַשָּׁנִ֑י וַיִּקְרָ֥א שְׁמ֖וֹ זָֽרַח׃ {ס}
(1) About that time Judah left his brothers and camped near a certain Adullamite whose name was Hirah. (2) There Judah saw the daughter of a certain Canaanite whose name was Shua, and he took her [into his household as wife] and cohabited with her. (3) She conceived and bore a son, and he named him Er. (4) She conceived again and bore a son, and named him Onan. (5) Once again she bore a son, and named him Shelah; he was at Chezib when she bore him. (6) Judah got a wife for Er his first-born; her name was Tamar. (7) But Er, Judah’s first-born, was displeasing to יהוה, and יהוה took his life. (8) Then Judah said to Onan, “Join with your brother’s wife and do your duty by her as a brother-in-law, and provide offspring for your brother.” (9) But Onan, knowing that the offspring would not count as his, let [the semen] go to waste whenever he joined with his brother’s wife, so as not to provide offspring for his brother. (10) What he did was displeasing to יהוה, who took his life also. (11) Then Judah said to his daughter-in-law Tamar, “Stay as a widow in your father’s house until my son Shelah grows up”—for he thought, “He too might die like his brothers.” So Tamar went to live in her father’s house. (12) A long time afterward, Shua’s daughter, the wife of Judah, died. When his period of mourning was over, Judah went up to Timnah to his sheepshearers, together with his friend Hirah the Adullamite. (13) And Tamar was told, “Your father-in-law is coming up to Timnah for the sheepshearing.” (14) So she took off her widow’s garb, covered her face with a veil, and, wrapping herself up, sat down at the entrance to Enaim, which is on the road to Timnah; for she saw that Shelah was grown up, yet she had not been given to him as wife. (15) When Judah saw her, he took her for a harlot; for she had covered her face. (16) So he turned aside to her by the road and said, “Here, let me sleep with you”—for he did not know that she was his daughter-in-law. “What,” she asked, “will you pay for sleeping with me?” (17) He replied, “I will send a kid from my flock.” But she said, “You must leave a pledge until you have sent it.” (18) And he said, “What pledge shall I give you?” She replied, “Your seal and cord, and the staff which you carry.” So he gave them to her and slept with her, and she conceived by him. (19) Then she went on her way. She took off her veil and again put on her widow’s garb. (20) Judah sent the kid by his friend the Adullamite, to redeem the pledge from the woman; but he could not find her. (21) He inquired of the council of that locale, “Where is the prostitute, the one at Enaim, by the road?” But they said, “There has been no prostitute here.” (22) So he returned to Judah and said, “I could not find her; moreover, the local council said: There has been no prostitute here.” (23) Judah said, “Let her keep them, lest we become a laughingstock. I did send her this kid, but you did not find her.” (24) About three months later, Judah was told, “Your daughter-in-law Tamar has played the harlot; in fact, she is pregnant from harlotry.” “Bring her out,” said Judah. “She should be burned!” (25) As she was being brought out, she sent this message to her father-in-law, “It’s by the man to whom these belong that I’m pregnant.” And she added, “Examine these: whose seal and cord and staff are these?” (26) Judah recognized them, and said, “She is more in the right than I, inasmuch as I did not give her to my son Shelah.” And he was not intimate with her again. (27) When the time came for her to give birth, there were twins in her womb! (28) While she was in labor, one of them put out a hand, and the midwife tied a crimson thread on that hand, to signify: This one came out first. (29) But just then it drew back its hand, and out came its brother; and she said, “What a breach you have made for yourself!” So he was named Perez. (30) Afterward his brother came out, on whose hand was the crimson thread; he was named Zerah.
(ה) כִּֽי־יֵשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין־ל֔וֹ לֹֽא־תִהְיֶ֧ה אֵֽשֶׁת־הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ ל֛וֹ לְאִשָּׁ֖ה וְיִבְּמָֽהּ׃ (ו) וְהָיָ֗ה הַבְּכוֹר֙ אֲשֶׁ֣ר תֵּלֵ֔ד יָק֕וּם עַל־שֵׁ֥ם אָחִ֖יו הַמֵּ֑ת וְלֹֽא־יִמָּחֶ֥ה שְׁמ֖וֹ מִיִּשְׂרָאֵֽל׃ (ז) וְאִם־לֹ֤א יַחְפֹּץ֙ הָאִ֔ישׁ לָקַ֖חַת אֶת־יְבִמְתּ֑וֹ וְעָלְתָה֩ יְבִמְתּ֨וֹ הַשַּׁ֜עְרָה אֶל־הַזְּקֵנִ֗ים וְאָֽמְרָה֙ מֵאֵ֨ן יְבָמִ֜י לְהָקִ֨ים לְאָחִ֥יו שֵׁם֙ בְּיִשְׂרָאֵ֔ל לֹ֥א אָבָ֖ה יַבְּמִֽי׃ (ח) וְקָֽרְאוּ־ל֥וֹ זִקְנֵי־עִיר֖וֹ וְדִבְּר֣וּ אֵלָ֑יו וְעָמַ֣ד וְאָמַ֔ר לֹ֥א חָפַ֖צְתִּי לְקַחְתָּֽהּ׃ (ט) וְנִגְּשָׁ֨ה יְבִמְתּ֣וֹ אֵלָיו֮ לְעֵינֵ֣י הַזְּקֵנִים֒ וְחָלְצָ֤ה נַעֲלוֹ֙ מֵעַ֣ל רַגְל֔וֹ וְיָרְקָ֖ה בְּפָנָ֑יו וְעָֽנְתָה֙ וְאָ֣מְרָ֔ה כָּ֚כָה יֵעָשֶׂ֣ה לָאִ֔ישׁ אֲשֶׁ֥ר לֹא־יִבְנֶ֖ה אֶת־בֵּ֥ית אָחִֽיו׃ (י) וְנִקְרָ֥א שְׁמ֖וֹ בְּיִשְׂרָאֵ֑ל בֵּ֖ית חֲל֥וּץ הַנָּֽעַל׃ {ס}
(5) When brothers dwell together and one of them dies and leaves no offspring, the wife of the deceased shall not become that of another party, outside the family. Her husband’s brother shall unite with her: he shall take her as his wife and perform the levir’s duty. (6) The first child that she bears shall be accounted to the dead brother, that his name may not be blotted out in Israel. (7) But if that party does not want to take his brother’s widow [to wife], his brother’s widow shall appear before the elders in the gate and declare, “My husband’s brother refuses to establish a name in Israel for his brother; he will not perform the duty of a levir.” (8) The elders of his town shall then summon him and talk to him. If he insists, saying, “I do not want to take her,” (9) his brother’s widow shall go up to him in the presence of the elders, pull the sandal off his foot, spit in his face, and make this declaration: Thus shall be done to the man who will not build up his brother’s house! (10) And he shall go in Israel by the name of “the family of the unsandaled one.”

Levirate Marriage and the Family in Ancient Judaism

Dvora E. Weisberg

In this study, Weisberg uses levirate marriage (an institution that involves the union of a man and the widow of his childless brother) as described in biblical law and explicated in rabbinic Judaism as a lens to examine the status of women and attitudes toward marriage, sexuality, and reproduction in early Jewish society. While marriage generally marks the beginning of a new family unit, levirate comes into play when a family’s life is cut short. As such, it offers an opportunity to study the family at a moment of breakdown and restructuring. With her discussion rooted in rabbinic sources and commentary, Weisberg explores kinship structure and descent, the relationship between a family unit created through levirate marriage and the extended family, and the roles of individuals within the family. She also considers the position of women, asking whether it is through marriage or the bearing of children that a woman becomes part of her husband’s family, and to what degree a married woman remains part of her natal family. She argues that rabbinic responses to levirate suggest that a family is an evolving entity, one that can preserve itself through realignment and redefinition.

חֲמֵשׁ עֶשְׂרֵה נָשִׁים פּוֹטְרוֹת צָרוֹתֵיהֶן וְצָרוֹת צָרוֹתֵיהֶן מִן הַחֲלִיצָה וּמִן הַיִּיבּוּם עַד סוֹף הָעוֹלָם. וְאֵלּוּ הֵן: בִּתּוֹ, וּבַת בִּתּוֹ, וּבַת בְּנוֹ, בַּת אִשְׁתּוֹ, וּבַת בְּנָהּ, וּבַת בִּתָּהּ, חֲמוֹתוֹ, וְאֵם חֲמוֹתוֹ, וְאֵם חָמִיו, אֲחוֹתוֹ מֵאִמּוֹ, וַאֲחוֹת אִמּוֹ, וַאֲחוֹת אִשְׁתּוֹ, וְאֵשֶׁת אָחִיו מֵאִמּוֹ,
The Torah law obligating a man whose brother died without children [yavam] to marry his deceased brother’s widow [yevama] or to free her from her levirate bonds through the act of ḥalitza applies only when it is permitted for the widow to marry her surviving brother-in-law. However, in cases where the yevama is forbidden to her yavam due to her status as a close family relative, the mitzva of levirate marriage is not applicable, and she is exempt from both levirate marriage and ḥalitza.
The Sages further taught that the exemption of a yevama from levirate marriage also exempts her rival wife. In other words, if the deceased brother had two wives, each a so-called rival of the other, and only one wife is a relative of the surviving brother, then the rival wife is also exempt from both levirate marriage and ḥalitza. Moreover, if that same rival wife entered into levirate marriage with a different brother of the deceased, one to whom she is not forbidden, then were this third brother also to die childless, so that the obligation of levirate marriage would again be incurred by the second brother, not only is the forbidden rival wife exempt from levirate marriage and ḥalitza, her new rival wives from her second marriage are also exempt.
That is to say, any other wife of the third brother is exempt from the mitzva of levirate marriage, as she is the rival wife of that first rival wife, who was exempted from levirate marriage following her first husband’s death due the exemption of her original rival wife. The same principle applies if that second rival wife subsequently enters into levirate marriage with another permitted brother, and so on. In summary, every widow who is exempt from marrying her brother-in-law due to her status as rival wife of a forbidden relative is treated as a forbidden relative herself and is therefore exempt from both ḥalitza and levirate marriage and causes exemption for future rival wives as well.

MISHNA: The mishna describes various cases that invoke the principles above. Fifteen categories of women constitute familial relations that are forbidden as incestuous, and consequently, these women exempt their rival wives and the rival wives of their rival wives from ḥalitza and from levirate marriage forever, i.e., they also exempt rival wives of rival wives of rival wives, and so on.
And these women are: The daughter of the yavam, i.e., the deceased brother had married a daughter of his brother, which means that when he died childless, his brother’s own daughter came before her father for levirate marriage, and therefore she is exempt. And the same applies if the deceased brother’s widow is the daughter of the daughter of the yavam, or if she is the daughter of his son, or the daughter of his wife. And similarly, if the yevama is the daughter of the son of the wife of her yavam or the daughter of his wife’s daughter, or if she is the mother-in-law of her yavam, or his mother-in-law’s mother, or his father-in-law’s mother, then she is exempt from ḥalitza and levirate marriage. The mishna continues its list of close relatives. If the yevama is the maternal half sister of the yavam, or if she is the sister of his mother, or his wife’s sister, then she is exempt from both ḥalitza and levirate marriage Or if she was the wife of his maternal half brother, and after this brother died or divorced his wife, she married another of his father’s brothers, who was not her relative, and this brother died, she is exempt. In this case, the obligation to enter into levirate marriage should be incurred by the surviving brother, but since she was previously the wife of his maternal brother, she is exempt.

The Oriental, the Ancient and the Primitive: Systems of Marriage and the Family in the Pre-Industrial Societies of Eurasia

Jack Goody

Continuing the comparative survey of pre-industrial family formation undertaken in The Development of Family and Marriage in Europe (1983), Professor Goody looks in depth at kinship practice in Asia. His findings cause him to question many traditional assumptions about the "primitive" East, and he suggests that, in contrast to pre-colonial Africa, kinship practice in Asia has much in common with that prevailing in parts of pre-industrial Europe. Goody examines the transmission of productive and other property in relation both to the prevailing political economy and to family and ideological structures, and explores the distribution of mechanisms and strategies of management across cultures. The book concludes that notions of western "uniqueness" are often misplaced, and that much previous work on Asian kinship has been unwittingly distorted by the application of concepts and approaches derived from other, inappropriate, social formations.

(א) כי ישבו אחים. פרט לאחיו שלא היה בעולמו. מכאן אמרו, ב' אחים ומת אחד מהם ונולד להם אח, ואחר כך ייבם השני את אשת אחיו [ומת. הראשונה יוצאת משום אשת אחיו שלא היה בעולמו, והשניה משום צרתה].

(ב) יחדו. [המיוחדים בנחלה,] פרט לאחים מן האם. לפי שמצינו (שיש באחים מן התורה) [בעריות], ששוה אח מן האם לאח מן האב. יכול אף כאן כן? ת"ל "יחדיו", פרט לאחיו מאמו.

(ג) ומת אחד מהם. אין לי אלא בזמן שהם שנים ומת אחד מהם. מנין אפילו הם מרובין (? ת"ל ומת אחד מהם. מנין אפילו מתו כולם? ת"ל ומת אחד מהם, ולא נאמר "אחד מהם"). ומתו? ת"ל ומת מהם. א"כ מה ת"ל "אחד"? אשת אחד מתיבמת, ולא אשת שנים. מכאן אמרו, שלשה אחים נשואים ג' נכריות [ומת א' מהם, ועשה בה השני מאמר ומת - חולצת ולא מתיבמת. שנ' ומת אחד מהם, שעליה זיקת יבם אחד, ולא שעליה זיקת שני יבמין].

(ד) לא תהיה אשת המת החוצה לאיש זר. למה אני צריך? לפי שאמרנו להלן, "אשת אחד מתיבמת ולא אשת שנים" (יכול אף כאן כן) [יכול תהא פטורה]? ת"ל לא תהי' אשת המת החוצה לאיש זר. כיצד הוא עושה? (או חולצת או מתייבמת) [חולצת ולא מתיבמת]. הנותן גט - פסלה לעצמו ופסלה ע"י אחים. יכול (יהיה גט פוטרה) [תהא פטורה] (בגט זה מזיקת האחים)? ודין הוא - ומה חליצה שאינה פוטרת באשה, פוטרת ביבם; גט שפוטר באשה, אינו דין שפוטר ביבם! ת"ל לא תהיה אשת המת החוצה לאיש זר, [אלא] בחליצה. העושה מאמר ביבמתו - קנאה לעצמו ופסלה על האחים. יכול יהיה מאמר גומר בה? ת"ל יבמה יבא עליה, ביאה גומרת בה ואין מאמר גומר בה.

(ה) יבמה יבוא עליה. בין בשוגג בין במזיד בין באונס בין ברצון. ואפילו היא שוגגת והוא מזיד, או שהוא שוגג והיא מזידה.

(ו) ולקח ולקחה ויבם ויבמה. פרט לצרות (מכל העריות וכן) [ועריות]. מכאן אמרו, ט"ו נשים פוטרות צרותיהן וצרות צרותיהן וכו'.

(1) (Devarim 25:5) "When brothers dwell together and one of them dies, and he has no son, the wife of the dead one shall not be outside to a strange man. Her levir (her husband's brother) shall come upon her and he shall take her for himself as a wife, and he shall have her in levirate marriage (yibum)."

(2) "When brothers dwell together": to exclude a brother who was not in his world (i.e., who was not concurrently alive). From here they ruled: If there were two brothers and one of them died and another one was born, after which the second brother performed yibum with the wife of the first, after which he died, then the first wife (i.e., the wife of the brother who died first) is exempt (from yibum) by reason of her being "the wife of his brother who was not in his world," and the second wife (i.e., the wife of the second brother) by reason of her being her (the first wife's) tzarah (co-wife). "together": in inheritance — to exclude maternal brothers. Because we find in arayoth (illicit relations) that a maternal brother is equated with a paternal brother, I might think that here, too, this is so. It is, therefore, written "together" (in inheritance), to exclude his maternal brother.

(3) "and one of them dies": This tells me (that yibum obtains) only where there are two brothers and one of them dies. Whence do I derive (that yibum obtains) even if they are many and they die (that yibum obtains with the remaining brothers)? From "and if there die … of them." If so, why is it written "one"? Yibum obtains with the wife of one of them and not with the "wife" of two (see what follows). From here they ruled: If three brothers were married to three unrelated women, and one of them died, and the second made a ma'amar (betrothal of his yevamah by writ or money — short of cohabitation), and he, too, died, then she (the yevamah of the first,) receives chalitzah (yibum release), but not yibum, it being written "and one of them dies" — She who is linked to only one yavam (undergoes yibum), but not she who is linked to two, (as in the above instance, where the woman is linked to the remaining brother by the yibum tie and to the ma'amar brother by the ma'amar tie.)

(4) "the wife of the dead one shall not be outside to a strange man": What is the intent of this? Because it was ruled: Yibum obtains with the wife of one but not with the "wife" of two (see above), I might think that she (the woman in the above instance) is (entirely) exempt. It is, therefore, written "the wife of the dead one shall not be outside to a strange man." What is to be done? She undergoes chalitzah (yibum release) but not yibum. If one gives a get (to his yevamah), he forbids her to himself and to his brothers. I might think that she is (entirely) exempt, and that this follows, viz.: If chalitzah, which does not exempt a woman (from the marriage tie) exempts her from the yibum tie, then get, which does exempt a woman (from the marriage tie), how much more so should it exempt her from the yibum tie! It is, therefore, written "the wife of the dead one shall not be outside to a strange man" — except by chalitzah. If one makes a ma'amar in his yevamah, he acquires her for himself and forbids her to the brothers. I might think that the ma'amar consummates the union. It is, therefore, written "her yavam shall come upon her" — Cohabitation consummates, and not ma'amar.

(5) "her yavam shall come upon her": whether unwittingly, (thinking her to be a different woman), wantonly, (intending illicit intercourse), constrainedly, or wittingly — even if she is unwitting and he wanton or he unwitting and she wanton, (he acquires her as a wife).

(6) (Instead bf being written) "and he shall take" (it is written) "and he shall take her"; (instead of) "and he shall perform yibum," (it is written) "and he shall perform yibum (with) her" — to exclude (from yibum) co-wives (tzaroth) and arayoth (illicit relations) — whence it was ruled: Fifteen women exempt (from yibum) their co-wives and the co-wives of their co-wives, etc.

וְלִיתְנֵי ״מִן הַיִּיבּוּם וּמִן הַחֲלִיצָה״, אִי נָמֵי ״מִן הַחֲלִיצָה״ לְחוֹדַהּ? אַבָּא שָׁאוּל הִיא, דְּאָמַר: מִצְוֹת חֲלִיצָה קוֹדֶמֶת לְמִצְוֹת יַיבּוּם.
§ The Gemara further inquires: And let him teach: From levirate marriage and from ḥalitza, as the Torah states the option of levirate marriage first. Alternatively, let him teach: From ḥalitza, alone, as this would indicate that she may not enter into levirate marriage either. The Gemara answers: This mishna is in accordance with the opinion of Abba Shaul, who said: The mitzva of ḥalitza takes precedence over the mitzva of levirate marriage, as he maintains that one who does not enter into levirate marriage for the sake of Heaven transgresses the prohibition against marrying one’s brother’s wife, and therefore it would be better in every case to perform ḥalitza. Consequently, the tanna mentions ḥalitza before levirate marriage.
מְנָא הָנֵי מִילֵּי — דְּתָנוּ רַבָּנַן: ״אִשָּׁה אֶל אֲחוֹתָהּ לֹא תִקָּח לִצְרוֹר לְגַלּוֹת עֶרְוָתָהּ עָלֶיהָ בְּחַיֶּיהָ״. ״עָלֶיהָ״, מָה תַּלְמוּד לוֹמַר? לְפִי שֶׁנֶּאֱמַר: ״יְבָמָהּ יָבֹא עָלֶיהָ״, שׁוֹמֵעַ אֲנִי אֲפִילּוּ בְּאַחַת מִכׇּל עֲרָיוֹת הָאֲמוּרוֹת בַּתּוֹרָה הַכָּתוּב מְדַבֵּר, נֶאֱמַר כָּאן ״עָלֶיהָ״ וְנֶאֱמַר לְהַלָּן ״עָלֶיהָ״, מָה לְהַלָּן בִּמְקוֹם מִצְוָה, אַף כָּאן בִּמְקוֹם מִצְוָה, וְאָמַר רַחֲמָנָא: ״לֹא תִקָּח״. וְאֵין לִי אֶלָּא הִיא, צָרָתָהּ מִנַּיִן? תַּלְמוּד לוֹמַר: ״לִצְרוֹר״. וְאֵין לִי אֶלָּא צָרָתָהּ, צָרַת צָרָתָהּ מִנַּיִין? תַּלְמוּד לוֹמַר: ״לִצְרוֹר״, וְלֹא ״לָצוֹר״. וְאֵין לִי אֶלָּא אֲחוֹת אִשָּׁה, שְׁאָר עֲרָיוֹת מִנַּיִין? אָמַרְתָּ: מָה אֲחוֹת אִשָּׁה מְיוּחֶדֶת — שֶׁהִיא עֶרְוָה, וְחַיָּיבִין עַל זְדוֹנָהּ כָּרֵת וְעַל שִׁגְגָתָהּ חַטָּאת, וַאֲסוּרָה לַיָּבָם; אַף כֹּל שֶׁהִיא עֶרְוָה, וְחַיָּיבִין עַל זְדוֹנָהּ כָּרֵת וְעַל שִׁגְגָתָהּ חַטָּאת — אֲסוּרָה לַיָּבָם. וְאֵין לִי אֶלָּא הֵן, צָרוֹתֵיהֶן מִנַּיִין? אָמַרְתָּ: מָה אֲחוֹת אִשָּׁה מְיוּחֶדֶת — שֶׁהִיא עֶרְוָה וְחַיָּיבִין עַל זְדוֹנָהּ כָּרֵת וְעַל שִׁגְגָתָהּ חַטָּאת, וַאֲסוּרָה לַיָּבָם, וְצָרָתָהּ אֲסוּרָה; אַף כֹּל שֶׁהִיא עֶרְוָה, וְחַיָּיבִין עַל זְדוֹנָהּ כָּרֵת וְעַל שִׁגְגָתָהּ חַטָּאת, וַאֲסוּרָה לַיָּבָם — צָרָתָהּ אֲסוּרָה. מִכָּאן אָמְרוּ חֲכָמִים: חֲמֵשׁ עֶשְׂרֵה נָשִׁים פּוֹטְרוֹת צָרוֹתֵיהֶן וְצָרוֹת צָרוֹתֵיהֶן מִן הַחֲלִיצָה וּמִן הַיִּיבּוּם עַד סוֹף הָעוֹלָם.
§ After analyzing the order and language of the mishna, the Gemara discusses the halakhot themselves. From where are these matters, that if one’s forbidden relative comes before him for levirate marriage he is prohibited from marrying her or her rival wife, derived? It is as the Sages taught with regard to the verse: “And you shall not take a woman to her sister, to be a rival to her, to uncover her nakedness, with her in her lifetime” (Leviticus 18:18). What is the meaning when the verse states the apparently superfluous phrase: “With her”? The baraita explains: Since it is stated with regard to the wife of a deceased brother: “Her brother-in-law will have intercourse with her” (Deuteronomy 25:5), I would derive that when the verse speaks of the mitzva of levirate marriage, it includes even any one of those with whom relations are forbidden, as mentioned in the Torah. Therefore, one derives a verbal analogy: It is stated here, with regard to a wife’s sister: “With her,” and it is stated there, with regard to a levirate marriage: “With her.” The baraita explains the verbal analogy. Just as there, a levirate marriage involves the performance of a mitzva, so too, here, the statement “uncover her nakedness with her” includes the performance of a mitzva, and the Merciful One states in the Torah: “You shall not take.” The phrase “with her” teaches that even in a case where there is an obligation of levirate marriage, the Torah prohibition proscribing forbidden relatives remains in force. The baraita continues: And I have derived only that she, his wife’s sister, is exempt from levirate marriage; from where do I derive that her rival wife is also exempt? The verse states: “To be a rival to her” (Leviticus 18:18), which indicates that not only is she prohibited, but so too is her rival wife. And I have derived only her rival wife; from where is it derived that the rival wife of her rival wife is also exempt? The verse states: “To be a rival [litzror],” using the full spelling with a double reish, and not latzor; this indicates that there are several rival wives, one after another. And I have derived from this verbal analogy only that the mitzva of levirate marriage does not apply to a wife’s sister. From where is it derived that the same applies to the other women with whom relations are forbidden? You can say as follows: Just as the case of a wife’s sister is specific in that she is a forbidden relative, and this is a prohibition for whose intentional violation, i.e., for intentional sexual relations with her, one is liable to receive karet, and for whose unwitting violation one is liable to bring a sin-offering, and she is prohibited to the yavam in levirate marriage; so too, with regard to all women with whom relations are forbidden by a prohibition for whose intentional violation one is liable to receive karet and for whose unwitting violation one is liable to bring a sin-offering, they are prohibited to the yavam in levirate marriage. The baraita continues: And I have derived only the cases of those women themselves with whom relations are forbidden; from where is it derived that their rival wives are also exempt from levirate marriage? You can say as follows: Just as a wife’s sister is specific in that she is a forbidden relative and this is a prohibition for whose intentional violation one is liable to receive karet, and for whose unwitting violation one is liable to bring a sin-offering, and she is prohibited to the yavam in levirate marriage, and her rival wife is likewise prohibited; so too, any woman with whom relations are forbidden and this is a prohibition for whose intentional violation one is liable to receive karet, and for whose unwitting violation one is liable to bring a sin-offering, and this woman is one who is forbidden to the yavam, her rival wife is likewise forbidden. The baraita concludes: From here the Sages stated that fifteen women exempt their rival wives and the rival wives of their rival wives from ḥalitza and from levirate marriage forever.

Jewish Marriage in Antiquity

Michael L. Satlow

Marriage today might be a highly contested topic, but certainly no more than it was in antiquity. Ancient Jews, like their non-Jewish neighbors, grappled with what have become perennial issues of marriage, from its idealistic definitions to its many practical forms to questions of who should or should not wed. In this book, Michael Satlow offers the first in-depth synthetic study of Jewish marriage in antiquity, from ca. 500 B.C.E. to 614 C.E. Placing Jewish marriage in its cultural milieu, Satlow investigates whether there was anything essentially “Jewish” about the institution as it was discussed and practiced. Moreover, he considers the social and economic aspects of marriage as both a personal relationship and a religious bond, and explores how the Jews of antiquity negotiated the gap between marital realities and their ideals.


Focusing on the various experiences of Jews throughout the Mediterranean basin and in Babylonia, Satlow argues that different communities, even rabbinic ones, constructed their own “Jewish” marriage: they read their received traditions and rituals through the lens of a basic understanding of marriage that they shared with their non-Jewish neighbors. He also maintains that Jews idealized marriage in a way that responded to the ideals of their respective societies, mediating between such values as honor and the far messier realities of marital life. Employing Jewish and non-Jewish literary texts, papyri, inscriptions, and material artifacts, Satlow paints a vibrant portrait of ancient Judaism while sharpening and clarifying present discussions on modern marriage for Jews and non-Jews alike.

הַבָּא עַל יְבִמְתּוֹ בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד בֵּין בְּאוֹנֶס בֵּין בְּרָצוֹן אֲפִילּוּ הוּא שׁוֹגֵג וְהִיא מְזִידָה הוּא מֵזִיד וְהִיא שׁוֹגֶגֶת הוּא אָנוּס וְהִיא לֹא אֲנוּסָה הִיא אֲנוּסָה וְהוּא לֹא אָנוּס אֶחָד הַמְעָרֶה וְאֶחָד הַגּוֹמֵר קָנָה וְלֹא חִילֵּק בֵּין בִּיאָה לְבִיאָה
MISHNA: One who had intercourse with his yevama, whether unwittingly, i.e., he thought he was having intercourse with someone else, or intentionally, i.e., he knew she was his yevama and nevertheless had intercourse with her without intent to perform levirate marriage; whether due to coercion or willingly; even if he was unwitting and her participation was intentional, his participation was intentional and she was unwitting, he was coerced and she was not coerced, or she was coerced and he was not coerced; both one who merely engages in the initial stage of intercourse and one who completes the act of intercourse has thereby acquired his yevama. And similarly, the Torah did not distinguish between an act of intercourse in an atypical manner, i.e., anal intercourse, and intercourse in a typical manner.
הַהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבִּי חִיָּיא בַּר אַבָּא אֲמַר לַהּ בִּתִּי עֲמוֹדִי אֲמַרָה לֵיהּ אֵימָא יְשִׁיבָתָהּ זוֹ הִיא עֲמִידָתָהּ אֲמַר לַהּ יָדְעַתְּ לֵיהּ אֲמַרָה לֵיהּ אִין מָמוֹנָא הוּא דַּחֲזָא לַהּ וְקָבְעֵי לְמֵיכְלֵיהּ מִינַּהּ אֲמַר לַהּ לָא נִיחָא לָךְ אֲמַרָה לֵיהּ לָא אֲמַר לֵיהּ חֲלוֹץ לָהּ וּבְכָךְ אַתָּה כּוֹנְסָהּ לְבָתַר דַּחֲלַץ לַהּ אֲמַר לֵיהּ הַשְׁתָּא מִינָּךְ אִפַּסְלָא לַהּ חֲלוֹץ לַהּ חֲלִיצָה מְעַלַּיְיתָא כִּי הֵיכִי דְּתִישְׁתְּרֵי לְעָלְמָא
One man came before Rabbi Ḥiyya bar Abba with his yevama in order to have the court convince her to perform a levirate marriage. Rabbi Ḥiyya said to her: My daughter, stand up, for we are beginning to discuss your case now, and the participants must stand. She said to him: Say that her sitting, referring to her desire to remain seated as an act of refusal of even contemplating the possibility of performing levirate marriage, is therefore tantamount to her standing, as levirate marriage is not an option for her. In other words, the option that will enable her to remain standing proud in the future is not to enter into levirate marriage with this man. Rabbi Ḥiyya said to her: Are you acquainted with this yavam and do you know him well enough to know why he wants to perform levirate marriage with you although you are not interested? She said to him: Yes, it is money that he saw in her, a euphemism for herself, and he wants to consume it by taking it from her, and therefore he wishes to enter levirate marriage. Rabbi Ḥiyya said to her: Is he not amenable to you? She said to him: No, I am certain he is not good for me. Rabbi Ḥiyya accepted her wish, but knowing that the yavam was adamant in his desire to marry her, he said to the yavam: Let her remove your shoe, and in doing so you will take her in marriage, for he wanted to mislead him into allowing ḥalitza, which would disqualify a subsequent levirate marriage between them. After he allowed her to perform ḥalitza, Rabbi Ḥiyya said to the yavam: Now, she is disqualified for you forever, since you allowed her to perform ḥalitza. Although you thought it was an act of marriage, she is no longer permitted to marry you, so you have nothing to lose if you permit her to marry others. Therefore, allow her to perform valid proper ḥalitza, so she will be permitted to others. By performing a second ḥalitza, even Rabbi Yoḥanan, who disqualified this form of a mistaken ḥalitza, would have no problem permitting her to remarry based on the second ḥalitza.
הָהוּא מִיבְּעֵי לֵיהּ לְכִדְתַנְיָא וְקָרְאוּ לוֹ וְלֹא שְׁלוּחָם וְדִבְּרוּ אֵלָיו מְלַמֵּד שֶׁמַּשִּׂיאִין לוֹ עֵצָה הַהוֹגֶנֶת לוֹ שֶׁאִם הָיָה הוּא יֶלֶד וְהִיא זְקֵנָה הוּא זָקֵן וְהִיא יַלְדָּה אוֹמְרִים לוֹ מָה לְךָ אֵצֶל יַלְדָּה מָה לְךָ אֵצֶל זְקֵנָה כְּלָךְ אֵצֶל שֶׁכְּמוֹתְךָ וְאַל תַּכְנִיס קְטָטָה לְתוֹךְ בֵּיתְךָ
The Gemara answers: That verse is necessary for him to derive the halakha that is taught in a baraita: “They shall call him” means the judges themselves and not their agents. “They shall speak to him” teaches that they give him counsel appropriate for him concerning whether he should perform levirate marriage or ḥalitza. For example, if he was a young boy and she was elderly, or if he was elderly and she was a young girl, they would tell him not to enter into levirate marriage because: What are you doing with a young girl if you are an old man? What are you doing with an elderly woman if you are a young boy? Go be with someone like yourself, closer to your own age, and do not bring a quarrel into your household, as the age difference will be a cause for disputes and strife later.
(יח) וַיֹּ֙אמֶר֙ יְהֹוָ֣ה אֱלֹהִ֔ים לֹא־ט֛וֹב הֱי֥וֹת הָֽאָדָ֖ם לְבַדּ֑וֹ אֶֽעֱשֶׂה־לּ֥וֹ עֵ֖זֶר כְּנֶגְדּֽוֹ׃
(18) God יהוה said, “It is not good for the Human to be alone; I will make a fitting counterpart for him.”
הַכּוֹנֵס אֶת יְבִמְתּוֹ וְנִמְצֵאת מְעוּבֶּרֶת וְיָלְדָה בִּזְמַן שֶׁהַוָּלָד שֶׁל קַיָּימָא יוֹצִיא וְחַיָּיבִין בְּקׇרְבָּן
With regard to one who consummates the levirate marriage with his yevama, i.e., he had intercourse with her under the assumption that there is a levirate bond and so there is a mitzva to do so, and then she is found to have been pregnant at the time of the intercourse and she gave birth, in the event that the offspring is viable the deceased brother has been survived by offspring and it is evident that there was never any levirate bond. In that case, the relations they had, rather than being a mitzva, were a violation of the prohibition against engaging in relations with one’s brother’s wife. Therefore, the yavam must send her out, i.e., they must separate, as she is forbidden to him as his brother’s wife, and to atone for the forbidden relations that they had, they are each obligated to bring a sin-offering, as is the halakha for all who inadvertently transgress a prohibition that, when performed intentionally, is punishable by karet.