Mishnat Yevamot

If brothers dwell together, and one of them dies, and has no child, the wife of the dead shall not be married unto one not of his kin; her husband’s brother [her yabam] shall go in unto her, and take her to him to wife, and yibmah.

And it shall be, that the first-born that she beareth shall grow up in the name of his dead brother, that his name not be erased from Israel.

And if the man like not to take his brother’s wife, then his brother’s wife shall go up to the gate unto the elders, and say: ‘My husband’s brother refuseth to raise up unto his brother a name in Israel; he will not perform the duty of a husband’s brother unto me.’

Then the elders of his city shall call him, and speak unto him; and if he stand, and say: ‘I like not to take her’;

Then shall his brother’s wife draw nigh unto him in the presence of the elders, and loose [haltzah] his shoe from off his foot, and spit in his face; and she shall answer and say: ‘So shall it be done unto the man that doth not build up his brother’s house.’

And his name shall be called in Israel ‘The Family That Had Its Shoe Loosened.’

. . . The mitzva of yibum [levirate marriage] takes precedence over the mitzva of ḥalitza for, in the beginning, people would intend to do it for the sake of the mitzva.

And now that they do not intend to do it for the sake of the mitzvah, they said that the mitzvah of ḥalitza takes precedence over the mitzva of yibum.

“Remember” and “keep” both were said together, which is impossible for the mouth to say and the ear to hear. . . . “The nakedness of your brother’s wife you shall not uncover”, “her brother-in-law shall come to her”, both were said together. . . . And so it says, “God spoke once, two I heard from this.” And it is written: “Is not my word like fire, says the Eternal, and like a hammer which shatters a rock.”

Do not marry a woman as well as her sister as a rival to uncover her nakedness in the other’s lifetime.

Moreover, her rival, to make her miserable, would taunt her that the LORD had closed her womb.

Fifteen women exempt their rival wives and the rival wives of their rival wives from halitzah and from yibbum, until the end of the world.

His daughter, and the daughter of his daughter, and the daughter of his son, and the daughter of his wife, and the daughter of her son and the daughter of her daughter; His mother-in-law and his mother-in-law’s mother, and his father-in-law’s mother; his maternal sister and his mother’s sister and his wife’s sister and his maternal brother’s wife; and the wife of his brother was never in his world [who died before he was born], and his daughter-in-law.

All these exempt their rival wives and the rival wives of their rival wives, and so on, until the end of the world, from halitzah and from yibbum. If any of them died, or made a declaration of refusal, or were divorced, or were found incapable of child-bearing, their rivals are permitted.

You cannot say of a man’s mother-in-law, or the mother of his mother-in-law and of the mother of his father-in-law that they were found incapable of child-bearing or that they made a declaration of refusal.

How do they exempt their rival wives?

If his daughter or any other of these forbidden relatives was married to his brother who also had another wife, and he died, then just as his daughter is exempt so is her rival exempt.

If his daughter’s rival went and married a second brother of his, who also had another wife, and he died, then just as the rival of his daughter is exempt so is his daughter’s rival’s rival exempt, even if there were a hundred.

How is it that if they had died, their rivals are permitted? If a man’s daughter or any other of these forbidden relatives was married to his brother who also had another wife, and his daughter died or was divorced, and afterwards his brother died, her rival is permitted.

The rival of any one who can make a declaration of refusal but did not make a declaration of refusal, must perform halitzah and may not have yibbum.

Beth Shammai permits the rival wives to the surviving brothers, and Beth Hillel prohibits them.

If they performed halitzah, Beth Shammai disqualifies them from marrying a priest, and Beth Hillel makes them eligible.

If they performed yibbum, Beth Shammai makes them eligible and Beth Hillel disqualifies them.

Though these forbid and these permit, and these disqualify and these make eligible, Beth Shammai did not refrain from marrying women from Beth Hillel, nor Beth Hillel from Beth Shammai.

With any purity and impurity, which these declared pure and the others declared impure, neither of them refrained from using the utensils of the others for the preparation of food that was ritually clean.

What is the case of “the wife of his brother who was never in his world”? [from Mishnah 1:1]

Two brothers, and one of them died, and then a third brother was born.

Afterwards, the second brother had yibbum with his dead brother’s wife and then died himself.

The first woman is exempt [from yibbum with the third brother] as the wife of his brother "who was never in his world", and the second wife because she is her rival wife.

If he had ma’amar with her and died, the second wife, must perform halitzah but may not have yibbum.

Two brothers, and one of them died, and the second had yibbum with his dead brother’s wife.

After, another brother was born and the second died.

The first wife is exempt on account of her being “the wife of his brother who was never in his world”, and the second because she is her rival wife.

If he had ma’amar with her and died, the second wife must perform halitzah and may not have yibbum.

Rabbi Shimon says: he may have yibbum with either of them or perform halitzah with either of them.

A general rule about the yevamah: whoever is forbidden as a forbidden relationship may neither perform halitzah nor have yibbum.

If her prohibition is due to a commandment or a prohibition due to holiness, she must perform halitzah but she may not have yibbum.

If the sister [of the one with the forbidden relationship] is also her sister-in-law [two sisters married two brothers], she may perform halitzah or have yibbum.

A “prohibition due to a commandment”: incest forbidden by the scribes. “

A prohibition due to holiness”: a widow to a high priest; a divorced woman, or one that had performed halitzah to an ordinary priest; a mamzeret or a netinah to an Israelite; and an Israelite woman to a natin or a mamzer.

Our teachers taught: What are the secondary relationships? His mother’s mother, and his father’s mother, and his father’s father’s wife, and his mother’s father’s wife, and the wife of his father’s maternal half brother, and the wife of his mother’s paternal half brother, and his son’s daughter-in-law, and his daughter’s daughter-in-law.

If someone has any kind of brother, he ties [zokek] his brother’s wife to have yibbum, and he is his brother in every respect, except for a brother born from a female slave or a non-Jewish woman.

If someone has any kind of son, he exempts his father’s wife from yibbum, and he is liable for striking or cursing him, and he is his son in every respect, except for the son of a female slave or a non-Jewish woman.

Someone who strikes his father or mother shall be put to death.

Someone who curses his father or mother shall be put to death.

If someone betrothed one of two sisters and it is not known which of them he has betrothed, he must give a get to both.

If he died, and he had a brother, he performs halitzah for both of them.

If he had two, one performs halitzah and one yibbum.

If they went ahead and married them we don't send them away.

If two men betrothed two sisters and neither one knows whom he betrothed, they must both give two gittim.

If they died and this one has a brother and this one has a brother, this brother performs halitzah for both widows and this brother performs halitzah for both widows.

If one has a single brother and the other has two brothers, the single brother performs halitzah for both widows and, of the two, one performs halitzah and the other may perform yibbum.

If they went ahead and married them we don't send them away.

If this one had two brothers and the other had two brothers, this one's brother performs halitzah for one and the other one's brother performs halitzah for the other, then the other brother of the first may have yibbum with the halutzah of the second and the brother of the second may have yibbum with the halutzah of the first.

If two went ahead and performed halitzah, the other two must not perform yibbum, rather one must perform halitzah and the other may then have yibbum.

If they went ahead and married them we don't send them away.

The commandment of yibbum is upon the elder.

If the younger went ahead, he has acquired.

Someone who is claimed to have had a relationship with a slave and then she was freed, or with a non-Jewish woman who then converted, must not marry her. If he did marry her, we don't send her away.

Someone who is claimed to have had a relationship with a married woman, who then divorces, even though he married her, we send her away.

A man who brings a bill of divorce from a country beyond the sea and states, “it was written in my presence and it was signed in my presence”, must not marry his wife.

“He died”, “I killed him”, or “We killed him”, he must not marry his wife.

Rabbi Judah says, “ I killed him”, his wife may not marry; “We killed him”, his wife may marry.

A sage who has pronounced a woman forbidden to her husband because of a vow must not marry her himself.

If she made a declaration of refusal or performed halitzah in his presence, he may marry her, since it is a requirement of the court.

And if any of these had wives who died, they are permitted to marry them.

And any of them who were married to others and were divorced or widowed, they are permitted to marry them.

And all of them are permitted to their sons or brothers.

And with all of these, if he married her we don't make him divorce, other than with respect to a married woman, as we remembered earlier.

Four brothers: two of whom were married to two sisters.

If those who were married to the sisters died, these perform halitzah but may not have yibbum. If they went ahead and married them, they must divorce them.

Rabbi Elazar said in the name of Bet Shammai holds that they may keep them, and Bet Hillel holds that they must divorce them.

One of the sisters was forbidden to one of them under a prohibition of ervah, he is forbidden to her but permitted to her sister, and the second is forbidden to either of them.

If forbidden due to a commandment or due to holiness they both perform halitzah and may not be taken in yibbum.

One of the sisters was forbidden to one of them under a prohibition of ervah, and the other sister was forbidden to the other under a prohibition of ervah, the one who is forbidden to the first is permitted to the other and the one who is forbidden to the other is permitted to the first.

This is what they said: when her sister is her sister-in-law she may either perform halitzah or receive yibbum. [Mishnah 2:3]

Three brothers: two of whom were married to two sisters, or to a woman and her daughter, or to a woman and her daughter’s daughter, or to a woman and her son’s daughter - they perform halitzah but not yibbum.

Rabbi Shimon exempts.

If one of them was forbidden to him by a prohibition of incest, he is forbidden to marry her but is permitted to marry her sister. If the prohibition is due to a commandment or to holiness, they perform halitzah but not yibbum.

Rabbi Shimon exempts – the reason of Rabbi Shimon is as it is written (Leviticus 18:18): “Do not marry a woman as a rival to her sister [and uncover her nakedness in the other’s lifetime]”.

At a time that they are made rival/co-wives of each other, such as the example here where both of them are his levirate relations, he should not have a legal acquisition of either this one or that one.

And the halakha is not according to Rabbi Shimon.

Three brothers: two of whom were married to two sisters and the third was free.

One of the sisters’ husbands died, the unmarried brother performed for her ma’amar, and then his second brother died: Beth Shammai says: his wife [remains] with him while the other is exempt because she is his wife’s sister.

And Beth Hillel says that he must send away his wife with a get and by halitzah, and his brother’s wife by halitzah. This is the case in which they said: “Woe to him because of his wife, and woe to him because of his brother’s wife.”

Three brothers: two of whom were married to two sisters and the third was married to an unrelated woman.

One of the sisters’ husbands died, the brother who was married to the unrelated woman married his wife and then died too.

The first is exempt because she is his wife’s sister, and the second is exempt as her rival. If he had performed ma’amar with her and died, the unrelated woman performs halitzah but not yibbum.

Three brothers: two of whom were married to two sisters and the third was married to an unrelated woman.

The one married to the unrelated woman died, one of the sisters' husbands married his wife and then died too.

The first is exempt because she is his wife’s sister, and the second is exempt as her rival. If he had performed ma’amar with her and died, the unrelated woman performs halitzah but not yibbum.

Three brothers: two of whom were married to two sisters and the third was married to an unrelated woman.

One of the sisters’ husbands died and the brother who was married to the unrelated woman married his wife.

Then the wife of the second brother died, and afterwards the brother who was married to the stranger died too

She is forbidden to him forever, since she was forbidden to him for one moment.

Three brothers: two of whom were married to two sisters and the third was married to an unrelated woman.

One of the sisters’ husbands divorced his wife, and then the brother who was married to the stranger died, and he who had divorced his wife married her and then died,- this is a case concerning which they said: If any of them died or were divorced, their rivals are permitted.

And in all of these, if the betrothal or divorce was in doubt these "rivals"perform halitzah but not yibbum.

What is a doubtful betrothal? If when he threw to her betrothal money it was uncertain whether it fell nearer to him or nearer to her – this is a doubtful betrothal.

Doubtful divorce? If he wrote a get in his own handwriting and it bore no signatures of witnesses, or if it bore signatures of witnesses but was not dated, or if it were dated but had the signature of only one witness – this is a doubtful divorce.

When brothers dwell together and one of them dies and leaves no offspring . . .

Three brothers were married to three separate women.

One of them died and the second brother performed ma’amar with her and then he died.

They perform halitzah but not yibbum; for it is said “And one of them died…her husband’s brother shall unite with her” (Deuteronomy 25:5) only she who is bound due to one yavam but not she who is bound to due to two yavamim.

R. Shimon says: he may have yibbum with whichever of these he wishes and then perform halitzah for the other.

Two brothers were married to two sisters, and one of the brothers died, and afterwards the wife of the second brother died.

She is forbidden to him forever, since she was forbidden to him for one moment.

Two men betrothed two women, and as they entered the huppa, they exchanged one for the other.

They are guilty of having relations with a married woman.

If they were brothers, of having relations with a brother’s wife.

If they were sisters, of having relations with a wife’s sister.

If they were menstruants, of having relations with a menstruant.

They must be kept apart for three months, lest they are pregnant.

If they were minors incapable of bearing children, they are returned at once.

If the women were of priestly families they are disqualified from eating terumah.

. . . He who performs halitzah with his yevamah, he is forbidden to marry her relatives and she is forbidden to marry his relatives.

He is forbidden to marry her mother, her mother’s mother and her father’s mother; her daughter, her daughter’s daughter and her son’s daughter; and also her sister while she is alive. The other brothers are permitted.

And she is forbidden to marry his father and his father’s father; his son and his son’s son; his brother and his brother’s son.

If he performs halitzah for his yevamah, and she is subsequently found to be pregnant and she gives birth, and the child is viable, he is permitted to marry her relatives and she is permitted to marry his relatives, and he does not disqualify her from marrying a priest.

If the child is not viable, he is forbidden to marry her relatives and she is forbidden to marry his relatives, and he disqualifies her from marrying a priest.

If he marries his yevamah and she is found to be pregnant, and she gives birth, and the child is viable, he must send her away and both are obligated to bring a sacrifice.

If the child is not viable, he may keep her.

If it is possibly a nine-month child of the first and possibly a seven-month child of the second, he must send her away. The child is kasher, and they must bring an asham talui.

If a shomeret yavam came into possession of money: Beth Shammai and Beth Hillel agree that she may sell it or give it away, and that her act is legally valid.

If she died, what shall be done with her ketubah and with property that comes in and goes out with her?

Beth Shammai says: the heirs of her husband are to share it with the heirs of her father.

And Beth Hillel says: the property is to remain with those in whose possession it is, the ketubah is to remain in the possession of the heirs of the husband and the property which comes in and goes out with her remains in the possession of the heirs of her father.

If he married her she is his wife in every respect save that her ketubah remains a debt on her first husband’s estate.

The commandment of yibbum is upon the elder. If he did not wish, they pass in turn to all the other brothers. If they do not wish, they return to the eldest and say to him, “the commandment is upon you; either perform halitzah or yibbum.”

If he wished to hang about until a minor became of age, or until the eldest returned from a country across the sea or for a deaf-mute or someone who is mentally deficient, they do not listen to him, but tell him, “the commandment is upon you; either perform halitzah or yibbum.”

Someone who performs halitzah with his yevamah, he is regarded as one of the other brothers in respect of inheritance. If the father was living, the estate belongs to the father.

Someone who marries his yevamah acquires his brother’s estate.

R. Judah said: in either case, if the father was living the estate belongs to the father.

Someone who performs halitzah with his yevamah is forbidden to marry her relatives and she is forbidden to marry his relatives.

He is forbidden to marry her mother, her mother’s mother and her father’s mother; her daughter, her daughter’s daughter and her son’s daughter; and also her sister while she is alive. The other brothers are permitted.

And she is forbidden to marry his father and his father’s father; his son and his son’s son; his brother and his brother’s son.

If he performed halitzah for his yevamah, and his brother married her sister and died, she performs halitzah but may not yibbum.

Similarly if a man divorces his wife and his brother marries her sister and dies behold she is exempt from halitzah and from yibbum.

Reish Lakish said: Here, Rabbi Yehuda HaNasi taught that a sister of one’s divorcée is forbidden by Torah law; a sister of one's ḥalutza is forbidden to him by rabbinic law.

If the brother of the yavam had betrothed the sister of the shomeret yavam, in the name of Rabbi Judah ben Batera they said: they say to him “Wait until your older brother will act!”.

If the brothers performed halitzah or married her, he may marry his wife. If the yevamah died he may marry his wife.

If the yavam died, he must release his wife with a get and his brother’s wife by halitzah.

The yevamah shall neither perform halitzah nor be taken in yibbum until three months have passed.

Similarly, all other women shall neither be betrothed nor married before three months have passed. Whether they were virgins or non-virgins, whether divorcees or widows, whether married or betrothed.

Rabbi Judah said: those who were married may be betrothed, and those who were betrothed may be married, with the exception of the betrothed women in Judea, because there his heart was full with her.

Rabbi Yose said: all women may be betrothed with the exception of the widow because of her mourning.

Someone who eats at the house of his father-in-law in Judea (after betrothal) without witnesses is unable to make a claim about virginity because he secluded himself with her.

The halakha is not like Rabbi Judah but, rather, like Rabbi Yose.

If four brothers were married to four women, and they died, if the eldest desires to contract yibbum with all of them he has permission.

If a man was married to two women and died, sexual relations or halitzah with one of them exempts her rival.

If one of them was eligible [to marry a priest] and one ineligible, then if he performs halitzah it should be to her who is ineligible, and if he contracts yibbum it may be with her who is eligible.

Her first husband who divorced her cannot take her to become his wife again, after she has been defiled —for that would be an abomination to the Lord, and you shall not bring sin upon the land that the Lord your God is gives you as an inheritance.

A man who remarried his divorced wife, or married his halutzah, or married the relative of his halutzah, must divorce her and the child is a mamzer, according to Rabbi Akiva.

And the Sages say: the child is not a mamzer.

They agree that where a man married the relative of his divorcee the child is a mamzer.

Rabbi Akiva's reasoning is that any forbidden union produces a mamzer and this is not the halakha.

Who is a mamzer? The offspring where sexual relationship is forbidden, according to Rabbi Akiva.

Shimon the Yemenite says: anything for which one is liable to karet at the hands of heaven; and the halakhah is like his words.

Rabbi Joshua says: anything for which one is liable to death at the hands of a court.

Rabbi Shimon ben Azzai said: I found a scroll of genealogical records in Jerusalem, and it was written on it, “So-and-so is a mamzer from an adulterous woman”, which establishes the view of Rabbi Joshua.

If a man’s wife died, her sister is permitted to him.

If he divorced her and she died , her sister is permitted to him.

If a man’s yevama died, her sister is permitted to him.

If he performed halitzah for her and then she died, her sister is permitted to him.

If she was married to another man and died, her sister is permitted to him.

Do not take [into your household as a wife] a woman as a rival to her sister and uncover her nakedness in her lifetime.

If a man’s wife died, . . . if his yevama died, . . .

Rav Yosef said: Here Rabbi [Yehuda HaNasi] taught an unnecessary mishnah.

Rabban Gamaliel says: There is no get after a get, nor a ma’amar after a ma’amar, nor an act of sexual intercourse after another act of sexual intercourse, nor a halitzah after another halitzah.

And the Sages say: There is get after a get, and after a ma’amar, but after an act of sexual intercourse or halitzah there is nothing.

How so?

If he performed ma'amar for his yevamah and gave her a get, she requires halitzah.

If he performed ma'amar and and did halitzah, she requires a get.

If he performed ma’amar and had intercourse with her, this is in accordance with the commandment.

If he gave her a get and then ma’amar, she needs a get and halitzah.

If he gave her a get and then had intercourse with her, she needs a get and halitzah.

If he gave her a get and then did halitzah, there is nothing after halitzah.

If he did halitzah and then did ma’amar or gave her a get or had intercourse with her;

or if he had intercourse with her and then did ma’amar or gave her a get, or did halitzah, there is nothing after halitzah.

It's the same whether there is one yevamah or two yevamoth.

How is this so?

If he did ma'amar with this one and ma'amar with the other one, they need two gittin and [one] halitzah.

Ma'amar with one and intercourse with the other, they need two gittin and [one] halitzah.

Ma'amar with one and get to the other, she needs a get and [one] halitzah.

Ma'amar with one and halitzah with the other, the first needs a get.

Get to one and a get to the other, they require halitzah.

Get to one and intercourse with the other, she requires a get and halitzah.

Get to one and ma'amar with the other, she requires a get and halitzah.

Get to one and and halitzah to the other, there is nothing after halitzah.

If he performed halitzah and then performed halitzah [with the other], or performed halitzah and did ma'amar or gave a get or had intercourse, or;

If he had intercourse and had intercourse [with the other], or had intercourse and then did ma'amar or gave a get or performed halitzah,

there is nothing after halitzah whether there was one yavam to two yevamot or two yavamim to one yevamah.

There is nothing after halitzah– It is referring to the first clause [of the Mishnah], but regarding the concluding clause, it is necessary to state that there is nothing after an act of intercourse.

If he performed halitzah and then did ma’amar, gave her a get, or had intercourse with her, or;

if he had intercourse with her and then did ma'amar, gave her a get, or performed halitzah,

there is nothing after halitzah, whether at the beginning, in the middle, or at the end.

If intercourse took place first there is nothing after it.

Rabbi Nehemiah says: both with intercourse and halitzah, whether it took place in the beginning, in the middle, or at the end,there is nothing after it.

One who has intercourse with his yevamah, whether in error or deliberately, whether under compulsion or under own free will, even if he acted in error and she in deliberately, or he deliberately and she in error, or he under compulsion and she not under compulsion, or she under compulsion and he not under compulsion, whether he only began to have intercourse or he completed having intercourse, he has acquired her as a wife.

And there is no distinction between different types of intercourse.

Similarly, if someone has intercourse with any of the forbidden relationships listed in the Torah, or with any of those who are disqualified such as a widow to a high priest, a divorced woman or a halutzah to a common priest, a mamzeret or a netinah to an Israelite or the daughter of an Israelite to a mamzer or a natin, he has disqualified her [from marrying a priest].

And there is no distinction between different types of intercourse.

And if a priest’s daughter be married unto a common man, she shall not eat terumah.

But if a priest’s daughter be a widow, or divorced, and have no child, and is returned unto her father’s house as in her youth, she may eat of her father’s bread; but no common man shall eat thereof.

A widow married to a high priest, or a divorced woman or a halutzah to an ordinary priest, may not eat terumah from the point of betrothal. Rabbi Eliezer and Rabbi Shimon allow them.

If they became widows or were divorced after marriage they may not; if after betrothal they may.

The priest who is greater than his fellows, on whose head the anointing oil has been poured and who has been ordained to wear the vestments . . . . (v 13-14) He will take a wife who is a virgin. A widow, or one divorced, or a profaned woman, or a harlot, these shall he not take; but a virgin of his own people shall he take to wife.

A high priest may not marry a widow, whether after betrothal or after marriage. He may not marry a bogeret.

Rabbi Eliezer and Rabbi Shimon permit the bogeret.

He may not marry someone who was struck by a stick.

If he betrothed a widow, and was then appointed high priest, he may marry her.

It once happened that Joshua ben Gamla betrothed Marta, the daughter of Boethus, and the king appointed him high priest, and he married her.

If a shomeret yavam was waiting for an ordinary priest, and he was appointed high priest, even though he already did ma’amar, he may not marry her.

A high priest whose brother died must perform halitzah but may not contract yibbum.

A regular priest may not marry an aylonit, unless he already has a wife or children.

Rabbi Judah said: even though he has a wife and children he shall not marry an aylonit, since she is a harlot, as mentioned in the Torah.

And the Sages said: the term "harlot" is only a female convert, freed slave, and someone who has been subjected to illicit intercourse.

Subjected to illicit intercourse. Such as those which violate negative or positive commandments, and all the more so those liable for karet or death by the court.

But a person who has a sexual relationship with an unmarried woman has not made her a "harlot".

A person shall not abstain from "being fruitful and multiplying" unless he already has children.

Beth Shammai say: two males, And Beth Hillel say: male and a female, as it is said, “Male and female created he them” (Genesis 5:2).

If a man married a woman and lived with her for ten years and she bore no child, he may not abstain. If he divorced her she is permitted to be married to another.

The second may also live with her for ten years. If she miscarried, one counts from the time of her miscarriage.

A man is commanded about "being fruitful and multiplying" but not a woman. Rabbi Yohanan ben Beroka says: It speaks to both of them, as it is said, “And God blessed them and God said to them… “Be fruitful and multiply” (Genesis 1:28).

If a widow married to a high priest, or a divorcee or a halutzah married] to a regular priest, brought in to him melog slaves and tzon barzel slaves, the melog slaves may not eat terumah but the tzon barzel slaves may eat.

These are melog slaves: those who, if they die, are the wife’s loss and, if their value rises, are her profit. Even though it is the husband's duty to maintain them, they may not eat terumah.

These are tzon barzel slaves: if they die, they are the loss of the husband and, if their value increases, they are a profit to him. Since he is responsible for them, they are permitted to eat terumah.

"Melog" slaves – what the woman keeps for herself and does not write in her ketubah is called "melog" property because the husband “plucks” that property like the plucking of chickens because he consumes the fruits of those properties and if they lessened in value they lessened for her, and if they increased, they increased for her.

But tzon barzel property – they are the properties that she brought in to him and what he adds to them is hers, and they wrote into the ketubah, "the total amount that so-and-so accepted upon himself is such -and such, in her ketubah.

And, therefore, they are called "iron sheep", for the principal exists like iron, and even if they all died, the husband is liable to pay out.

Just as they used to appraise the value of sheep and the shepherd would be responsible for them according to their valuation even if all the sheep died.

Hence, the property that the husband accepts responsibility for is called "iron sheep".

A daughter of an Israelite married to a priest, if she brought him in slaves, whether they are melog slaves, or tzon barzel slaves they are permitted to eat [terumah].

A daughter of a priest married to an Israelite and she brought him in slaves, whether they are melog slaves, or tzon barzel slaves they are not permitted to eat [terumah].

If the daughter of an Israelite was married to a priest who died and left her pregnant, her slaves may not eat terumah because of the share of the fetus.

A fetus disqualifies but cannot bestow the right to eat, according to Rabbi Yose.

They said to him: since you have testified to us concerning the daughter of an Israelite who was married to a priest, even the daughter of a priest who was married to a priest who died and left her pregnant, her slaves may not eat terumah because of the share of the fetus!

The fetus, the yavam, the betrothal, the deaf-mute, and a boy who is nine years and one day old, disqualify but cannot bestow the right to eat.

If it is doubtful whether the boy is nine years and one day old or not, or whether he has reached puberty or not,

If a house collapsed upon a man and upon his brother’s daughter, and it is not known which of them died first, her rival must perform halitzah but not yibbum.

If a priest’s daughter marries a foreigner [a non-priest], she may not eat of the holy terumah; but if the priest’s daughter is widowed or divorced and without offspring, she shall go back to her father’s house as in her youth, she may eat of her father’s food. No foreigner may eat of it:

The rapist, the seducer and someone lacking mental capacity neither disqualify from nor bestow the right to eat [terumah].

If they are unfit to enter into the assembly of Israel they disqualify.

How so? If an Israelite had intercourse with the daughter of a priest she eats terumah. If she becomes pregnant she may no longer eat terumah. If the fetus was cut up inside her she may eat.

If a priest had intercourse with the daughter of an Israelite, she may not eat terumah. If she becomes pregnant she may not eat; if she gave birth she may eat.

It turns out that the power of the son is greater than that of the father.

A slave disqualifies a woman through intercourse but not as her offspring.

How so? If the daughter of an Israelite was married to a priest or the daughter of a priest was married to an Israelite, and she bore a son by him, and the son went and had intercourse with a slave-woman who bore a son from him, he is a slave.

And if his mother's mother was the daughter of an Israelite married to a priest, she not eat terumah; if the daughter of a priest married to an Israelite, she may eat terumah.

A mamzer disqualifies and bestows the right to eat [terumah].

How is this so? If the daughter of an Israelite was married to a priest or the daughter of a priest was married to an Israelite, and she bore a daughter from him, and the daughter married a slave or a Gentile and bore a son by him, he is a mamzer.

And if his mother's mother was the daughter of an Israelite married to a priest, she eats terumah; if the daughter of a priest married to an Israelite, she may not eat terumah.

A high priest sometimes disqualifies.

How is this so? If a priest’s daughter was married to an Israelite and she bore a daughter from him, and the daughter went and married a priest and bore a son from him, such a son is fit to be a high priest, to stand and serve at the altar.

He allows his mother to eat terumah but disqualifies his mother’s mother.

She can say, “Not like my grandson the high priest who disqualified me from eating terumah.”

When a stranger shall sojourn with thee, and will keep the passover to the LORD, let all his males be circumcised, and then let him come near and keep it and be as a citizen of the land. No uncircumcised person shall eat of it.

The uncircumcised and all the impure persons may not eat terumah.

Their wives and slaves may eat terumah.

A petzua dakkah and a kerut shofkhah, as well as their slaves, may eat terumah but their wives may not.

If, however, he did not have intercourse with her after becoming petzua dakkah and kerut shofkhah, they may eat.

A petzua dakkah and a kerut shofkhah shall not be admitted into the congregation of the Lord.

Petzua dakkah means, one whose stones have been bruised (nifpetzu) or crushed (nidkeu) (Sifrei Devarim 247:1).

Kerut shofkhah means, one whose membrum has a cut in it, so that it no longer forcibly ejects a continuous flow of seed but it pours it forth slowly, and he thus cannot have children (Sifrei Devarim 247:2).

Who is a “petzua dakkah”? Anyone whose testes are wounded, even one of them.

And a “kerut shofkhah”? Someone whose member is cut. If any of the corona remained, even so much as a a thread's width, he is kasher.

A petzua dakkah and a kerut shofkhah are permitted to marry a convert or a freed slave. They are only forbidden to enter into the congregation, as it is said “A petzua dakkah and a kerut shofkhah shall not be admitted into the congregation of the Lord”. (Deuteronomy 23:2).

Rava said: . . . This is the tradition that I received from the bet din of Samuel from Rama: An Ammonite man but not an Ammonite woman; a Moabite man but not a Moabite woman.

Thou shalt not abhor an Edomite, for he is thy brother; thou shalt not abhor an Egyptian, because thou wast a stranger in his land.

The children of the third generation that are born unto them may enter into the assembly of the LORD. When thou goest forth in camp against thine enemies, then thou shalt keep thee from every evil thing.

An Ammonite and a Moabite are forbidden [to enter the congregation of the Lord] and their prohibition is for ever. However, their women are permitted at once.

An Egyptian and an Edomite are only forbidden until the third generation, whether they are men or women.

Said Rabbi Shimon: This is a logical deduction: if, where the men are forbidden for all time, the women are permitted immediately, where the men are forbidden only until the third generation how much more should the women be permitted immediately.

They said to him: If this is a halakhah, we shall accept it; but if it is only a logical reference, there may be a refutation.

He replied: This is not so, I am in fact saying a halakhah.

Mamzerim and nethinim are forbidden, and their prohibition is forever, whether they are men or women.

Rabbi Joshua said: I have heard that a eunuch performs halitzah and that halitzah is performed by others for his wife, and also that a eunuch does not perform halitzah and that no halitzah is performed for his wife, and I am unable to explain this.

Rabbi Akiva said: I will explain it: a man-made eunuch performs halitzah and halitzah is also performed for his wife, because there was a time when he was kasher.

A eunuch by nature neither performs halitzah nor is halitzah performed for his wife, since there never was a time when he was fit.

Rabbi Eliezer said: Not so! Rather a eunuch by nature performs halitzah and halitzah is performed for his wife, because he may be cured. A man-made eunuch neither performs halitzah nor is halitzah performed for his wife, since he cannot be cured.

Rabbi Joshua ben Betira testified concerning Ben Magoset, who was a man-made eunuch living in Jerusalem and they performed yibbum for his wife, to fulfill the opinion of Rabbi Akiva.

The eunuch neither performs halitzah nor yibbum. So too an aylonit [a woman who is congenitally incapable of having children] neither performs halizah nor yibbum.

If a eunuch performed halitzah for his yevamah, he does not disqualify her.

If he has intercourse with her he disqualifies her, since this is an act of promiscuity.

Similarly where brothers performed halitzah for an aylonit, they do not disqualify her.

If they have intercourse with her they disqualify her, since this is an act of promiscuity.

A hermaphrodite is in some ways like men, and in some ways like women, in some ways he is like men and women, and in others he is like neither men nor women.

. . . .

Rabbi Yose says: the hermaphrodite is a unique creature, and the sages could not decide about him. But this is not so with a tumtum, for sometimes he is a man and sometimes he is a woman.

If a priest who was a eunuch by nature married the daughter of an Israelite, this allows her to eat terumah.

Rabbi Yose and Rabbi Shimon stated: if a priest who was an hermaphrodite married the daughter of an Israelite, this allows her to eat terumah.

Rabbi Judah stated: if a tumtum was torn and found to be male, he does not perform halitzah, because he has the same status as a eunuch.

A hermaphrodite may marry but may not be married.

Rabbi Eliezer says, one is liable to be stoned on his account like a male.

Halalah — This is a woman born from a marriage which is forbidden to the priesthood, e. g., the daughter of a widow to a high priest, or the daughter of a divorced woman or a halutzah to an ordinary priest. So also it denotes a woman who became profaned in respect to the priesthood through a relationship forbidden to priests.

Some are permitted to their husbands and forbidden to their yevamim, permitted to their yevamim and forbidden to their husbands, permitted to both, or forbidden to both.

These are permitted to their husbands and forbidden to their yevamim:

An ordinary priest who betrothed a widow and had a brother who was a high priest;

A kasher who married a woman who keshera and had a brother who was halal;

An Israelite who married an Israelite and had a brother who was a mamzer;

A mamzer who married a mamzeret and had a brother who was an Israelite.

These are permitted to their yevamim and forbidden to their husbands:

A high priest who betrothed a widow and has a brother who is an ordinary priest;

A kasher who married a halalah and has a brother who is a halal;

An Israelite who married a mamzeret and has a brother who is a mamzer;

A mamzer who married an Israelite and has a brother who is an Israelite; these are permitted to their yevamim and forbidden to their husbands.

Forbidden to both:

A high priest who married a widow and has a brother who is a high priest or an ordinary priest;

A kasher who married a halalah and has a brother who is kasher;

An Israelite who married a mamzeret and has a brother who is Israelite;

A mamzer who married an Israelite and has a brother who is a mamzer; these are forbidden to both.

All other women are permitted to both their husbands and their yevamim.

Our teachers taught: What are the secondary relationships? His mother’s mother, and his father’s mother, and his father’s father’s wife, and his mother’s father’s wife, and the wife of his father’s maternal half brother, and the wife of his mother’s paternal half brother, and his son’s daughter-in-law, and his daughter’s daughter-in-law.

. . . and he is prohibited from the daughter of his stepson.

Second-degree prohibitions from the words of the scribes.

Second-degree to the husband but not to the yavam is forbidden to the husband and permitted to the yavam;

Second-degree to the yavam but not to the husband is forbidden to the yavam and permitted to the husband;

Second-degree to both is forbidden to both. She does not have a ketubah or fruits or maintenance or depreciation. The child is kasher, but the husband is compelled to divorce her.

A widow married to a high priest, a divorcee or halutzah married to an ordinary priest, a mamzeret or a netinah who was married to an Israelite, or the daughter of an Israelite who was married to a natin or a mamzer has a ketubah.

The fetus, the yavam, the betrothal, the deaf-mute, and a boy who is nine years and one day old, disqualify but cannot bestow the right to eat.

The daughter of an Israelite betrothed to a priest, or pregnant from a priest, or who was a shomeret yavam to a priest, and similarly the daughter of a priest with an Israelite, may not eat terumah.

The daughter of an Israelite betrothed to a Levi, or pregnant from a Levi, or who was a shomeret yavam to a Levi, and similarly the daughter of a Levi with an Israelite, may not eat ma'aser.

The daughter of an Levi betrothed to a priest, or pregnant from a priest, or who was a shomeret yavam to a priest, and similarly the daughter of a priest with an Levi, may eat neither terumah nor ma'aser.

And if a priest buys anyone, the purchase of his money, he may eat of it; and those born in his house, they may eat of his bread.

And those born in his house — This refers to the children of his maid-servants. A priest's wife may eat terumah as may be derived from this verse, for she, too, is “the purchase of his money” and it may also be derived from another verse (Numbers 18:11) "everyone that is clean in thy house may eat of it”, in Sifrei (Bamidbar 117 2).

The daughter of an Israelite married to a priest may eat terumah. If he died and she has a son by him she may eat terumah.

Married to a Levi she may eat ma'aser. If he died and she had a son by him she may eat ma'aser.

Married to an Israelite, she may eat neither terumah nor ma'aser. If he died and she had a son by him, she may eat neither terumah nor ma'aser.

If her son by the Israelite died, she may eat ma'aser.

By the Levi, she may eat terumah.

If her son by the priest died, she may eat neither terumah nor ma'aser.

The daughter of a priest who was married to an Israelite may not eat terumah. If he died and she had a son by him she may not eat terumah.

Married to a Levi she may eat ma'aser. If he died and she had a son by him she may eat ma'aser.

If she was married to a priest she may eat terumah. If he died and she had a son by him she may eat terumah.

If her son by the priest died she may not eat terumah.

By the Levi, she may not eat ma'aser.

If her son by the Israelite died she returns to the house of her father; about her it it is said, “She returns to her father’s house, as in her youth, she may eat of her father’s bread” (Leviticus 22:13).

A woman whose husband had gone to a country beyond the sea and they came and told her, “Your husband died”, and she married, and then her husband returned: she goes forth from both of them and she requires a get from both of them.

She does not have a ketubah or fruits or maintenance or depreciation from either of them.

If she has taken anything from either of them, she must return it.

The child from either of them is a mamzer.

Neither of them impurifies himself for her. Neither of them is entitled to an object that she may find, nor to the work of her hands, nor to annul her vows.

If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of ma'aser; and if the daughter of a priest, from the eating of terumah.

Neither one's heirs are entitled to inherit her ketubah.
If the brothers of either one die, they must perform halitzah, but may not perform yibbum.

Rabbi Yose said: her ketubah remains a charge upon the estate of her first husband. Rabbi Elazar said: the first one is entitled to an object that she may find, and to the work of her hands, and to annul her vows.

Rabbi Shimon said: her sexual relationship or her halitzah with the brother of the first husband exempts her rival, and the child from him is not a mamzer. If she married without an authorization, she may go back to him.

If she married with the authorization of the court, she must go forth, but she is exempt from bringing a sacrifice.

If she married without the authorization of the court, she must go forth and she is liable for a sacrifice.

The authority of the court is thus greater in that it exempts her from the sacrifice.

If the court ruled that she may be married and she went and messed up, she must bring a sacrifice, because the court permitted her only to marry.

A woman whose husband and son went to a country beyond the sea, and they told her, “Your husband died and your son died afterwards”, and she married again, and later they said to her, “they happened in the opposite order”, she must go forth, and the first and last child is a mamzer.

They told her, “Your son died and your husband died afterwards”, and she had yibbum, and afterwards they said to her, “they happened in the opposite order”, she must go forth, and the first and last child is a mamzer.

They told her, “Your husband died”, and she re-married, and afterwards they said to her, “He was alive but is now dead”, she must go forth, and the first child born is a mamzer, but the last one is not a mamzer.

They told her, “Your husband died”, and she was betrothed, and afterwards her husband came back, she is permitted to return to him.

Even though the second one gave her a get he has not disqualified her from marrying a priest. Rabbi Elazar ben Mathia expounded: “A woman divorced from her husband” (Leviticus 21:7, list of forbidden relationships for a priest) not from a man who is not her husband.

Someone whose wife had gone to a country beyond the sea and they told him, “Your wife is dead”, and he married her sister, and afterwards his wife came back, she is permitted to return to him.

He is permitted to marry the relatives of the second woman, and the second woman is permitted to marry his relatives. If the first wife died he is permitted to marry the second.

They told him, “Your wife is dead”, and he married her sister, and afterwards they told him, "She was alive but is now dead", the first child born is a mamzer, but the last one is not a mamzer.

Rabbi Yose says: whoever disqualifies for others disqualifies for himself and whoever does not disqualify for others does not disqualify for himself.

They told him, “Your wife is dead” (1) and he married her paternal sister (2);

“She is dead’, he married her maternal sister (3);

“She is dead”, he married her paternal sister (4);

“She is dead", he married her maternal sister (5);

[and it was found that they were all alive]. He is permitted to the 1st, 3rd and 5th, and they exempt their rivals;

and he is forbidden to the 2nd and the 4th, and intercourse with one of these does not exempt her rival.

If he had intercourse with the 2nd after the death of the 1st, he is permitted to the 2nd and 4th, and they exempt their rivals; but he is forbidden to the 3rd and the 5th, and intercourse with one of these does not exempt her rival.

A boy of the age of nine years and one day disqualifies [his sister-in-law] from his brothers, and his brothers disqualify [her] from him, but while he disqualifies from the outset only, the brothers disqualify her from the outset to the end.

How is this so?

A boy of the age of nine years and one day who had intercourse with his yevamah disqualifies her from his brothers.

If his brothers had intercourse with her, did ma’amar, gave her a get or submitted to her halitzah, they disqualify her from him.

If a boy of nine years and one day had intercourse with his yevamah and then his brother who was of the age of nine years and one day had intercourse with her, he disqualifies her from him.

Rabbi Shimon says: he does not.

Samuel said, the words of Rebbi Meïr: They made the intercourse of a child of nine years and one day like the “ma'amar” of an adult.

. . . . .

And why did they make the intercourse of a child of nine years and one day like “ma'amar” of an adult? Because the intercourse of an adult acquires whether intentional or not intentional.

If he did ma'amar with this one and ma'amar with the other one, they need two gittin and [one] halitzah.

If a boy of nine years and one day had intercourse with his yevamah and afterwards had intercourse with her rival wife, he has disqualified them [both] from himself.

Rabbi Shimon says: he does not.

If a boy of the age of nine years and one day had intercourse with his yevamah and then died, she must undergo halitzah but may not have yibbum.

If he had married a woman and died, she is exempt.

If a boy of the age of nine years and one day had intercourse with his yevamah, and after he had come of age he married another woman [and died], if he had not had intercourse with the first woman after he had become of age, the first one must have halitzah and may not have yibbum, while the second may either have halitzah or yibbum.

Rabbi Shimon says: he may perform yibbum with whichever one he wants, and he must perform halitzah for the second one.

The same applies whether he is of the age of nine years and one day, or whether he is of the age of twenty years but had not reached physical puberty.

"A person shall not take the wife of his father" (Devarim 23:1). From here they ruled, a person may marry the raped and the seduced.

A man is permitted to marry a relative of a woman he has raped or seduced.

The rapist or seducer a relative of his married wife, is guilty.

A man may marry a woman whom his father has raped or seduced or a woman whom his son has raped or seduced.

Rabbi Yehudah forbids with a woman whom one’s father has raped or seduced.

The sons of a female convert who converted with her do not perform halitzah or yibbum, even if the one was not conceived in holiness but was born in holiness, and the other was both conceived and born in holiness.

So also where the sons of a female slave were freed with her.

The children of five women were mixed up. The mixed-up children grew up, married, and died.

Four perform halitzah for one [widow] and one performs yibbum.

He and three [brothers] perform halitzah for another one and one performs yibbum.Thus every one has halitzah four times and yibbum once.

The child of a woman was mixed up with the child of her daughter-in-law.

The mixed-up children grew up, married, and died.

The [other] sons of the daughter-in-law perform halitzah but may not contract yibbum, for she is the possibly the wife of his brother and possibly the wife of his father’s brother.

And the sons of the grandmother either perform halitzah or yibbum, since the only doubt is whether she is the wife of his brother or the wife of his brother’s son.

If the kosher sons died then the mixed-up sons of the grandmother perform halitzah and may not have yibbum, since it is uncertain whether she is the wife of his brother or the wife of his father’s brother; the sons of the daughter-in-law: one performs halitzah and the other may have yibbum.

If the child of a priest’s wife was mixed-up with the child of her female slave, they eat terumah and receive one share at the threshing-floor.

They may not defile themselves for the dead nor marry any women whether these are eligible or ineligible.

If the mixed-up children grew up and freed one another they marry women who are eligible for marriage with a priest and they do not defile themselves for the dead but if they defiled themselves, they do not receive the penalty of forty lashes.

They may not eat terumah, but if they did eat they neither pay the principal nor the fifth. They do not to receive a share at the threshing-floor, but they may sell terumah and the proceeds are theirs.

They receive no share in the holy things of the temple, and no holy things are given to them but others do not take their holy things from them. They are exempt from the shoulder, the cheeks and the maw, while their firstling remains in the pasture until it is blemished.

The restrictions relating to priests and the restrictions relating to Israelites are both imposed upon them.

Someone who did not wait three months after her husband, and married again and gave birth, and it is unknown whether it is a nine-months child by the first husband or a seven-months child by the second.

If she had other sons by the first husband and other sons by the second, they must perform halitzah and not yibbum.

So too he with them [their widows] performs halitzah but not yibbum.

If he had brothers by the first and also brothers by the second, but not by the same mother, he performs halitzah or yibbum, and they perform halitzah or yibbum.

One was an Israelite and the other a priest.

He marries someone eligible for marriage with a priest. He does not defile himself for the dead but if he is defiled he does not receive the penalty of forty lashes.

He may not eat terumah, but if he did eat it he neither pays the principal nor the fifth. He does not receive a share at the threshing-floor, but may sell terumah and the proceeds are his.

He receives no share in the holy things of the temple, and no holy things are given to him but others do not take their holy things from him. He is exempt from the shoulder, the cheeks and the maw, while his firstling grazes in the pasture until it is blemished.

The restrictions relating to priests and the restrictions relating to Israelites are both imposed upon him.

If they were both priests, he must be an onen for them and they must be onenim for him, he may not defile himself for them, nor may they defile themselves for him.

He may not inherit from them, but they may inherit from him. He is exempt if he strikes or curses the one or the other. He goes up in the Temple watch of the one as well as of the other, but he does not receive a share. If both served in the same watch, he receives a single portion.

But if that man does not want to take his brother’s widow, his brother’s widow shall go up to the elders in the gate and declare, “My husband’s brother refuses to establish a name in Israel for his brother; he will not agree to be my yabbam.”

The elders of his town shall then summon him and talk to him. If he says, “I do not want to take her”,

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 say, "Thus shall be done to the man who will not build up his brother’s house!"

And he shall be called in Israel by the name, “the family of the unsandaled one.”

The commandment of halitzah must be performed in the presence of three judges, even though all the three are laymen.

If she performed the halitzah with a shoe, her halitzah is valid, with a felt sock it is invalid, with a sandal with a heel it is valid, but without a heel it is invalid.

From the knee down the halitzah is valid, from the knee and above it is invalid.

If she performed the halitzah with a sandal that did not belong to him, or with a wooden sandal, or with the left on his right foot, her halitzah is valid.

If she performed the halitzah with a sandal too large, in which he is able to walk, or with one too small which covers the greater part of his foot, her halitzah is valid.

If she performed the halitzah at night, her halitzah is invalid but Rabbi Eliezer allows it.

[With the left shoe, her halitzah is invalid, but Rabbi Eliezer permits it.]

A wooden sandal on the basis that it's covered with leather. And this is after the fact, but in principle (before the fact) it's not permitted and the halakha does not accord with the first opinion in saying that halitzah at night is valid, nor with Rabbi Eliezer who permits with the left foot.

If she took off the shoe and spat but did not recite, her halitzah is valid.

If she recited and spat, but did not take off the shoe, her halitzah is invalid.

If she took off the shoe and recited but did not spit, Rabbi Eliezer says her halitzah is invalid; and Rabbi Akiva, her halitzah is valid.

Rabbi Eliezer quoted to him: “So shall be done" (Deut. 25:9), something which is a deed is essential.”

Rabbi Akiva said to him, From there is your proof? "So shall be done to the man”, only that which is done to the man.

If a deaf man submitted to halitzah or if a deaf woman performed halitzah, or if halitzah was performed on a minor, the halitzah is invalid.

A minor who performs halitzah must perform halitzah again when she becomes of age; if she does not, her halitzah is invalid.

If she performed halitzah in the presence of two, or in the presence of three and one of them was discovered to be a relative or invalid, her halitzah is invalid.

Rabbi Shimon and Rabbi Yohanan Ha-Sandelar declare it valid.

Once, it happened that a man submitted to halitzah between himself and herself in a prison. When the case came before R. Akiva he declared the halitzah valid.

The commandment of halitzah. He and his deceased brother’s wife come to the court, and they offer him appropriate advice, for it is said, “Then the elders of his city shall call him and speak to him” (Deut. 25:8).

And she says: “My husband’s brother refuses to raise up a name for his brother in Israel; he will not be my yabbam."

Then he says: “I do not wish to marry her” and they spoke in the holy tongue.

“Then his brother’s widow shall go up to him in the presence of the elders, pull the sandal off his foot and spit in his face”, spit that the judges can see.

“And make this declaration: Thus shall be done to the man who will not build up his brother’s house”.

Thus far they used to dictate.

When Rabbi Hyrkanus was under the terebinth at Kefar Etam he dictated the reading and completed the entire section, the practice was established to dictate the entire section.

“And he shall go in Israel by the name of ‘the family that had the shoe loosened’” is a commandment for the judges and not for the disciples.

Rabbi Judah says: it is a commandment incumbent upon all standing there to say, “He that had his shoe loosened, he that had his shoe loosened.”

The girl’s father shall say to the elders, "My daughter did I give to this man as a wife, and he hated her."

"My daughter did I give to this man as a wife": We are hereby taught that the father has a right to betroth his minor daughter.

Which minor girl must make the declaration of refusal? Any whose mother or brothers have given her in marriage with her consent. If they gave her in marriage without her consent she need not make any declaration of refusal.

Rabbi Hanina ben Antigonus says: Any child who is unable to take care of her token of betrothal need not make any declaration of refusal.

Rabbi Eliezer says: The act of a minor is like a seduction. The daughter of an Israelite married to a priest may not eat terumah, and the daughter of a priest to an Israelite may eat terumah.

Beth Shammai say, only those who are betrothed may exercise the right of refusal and Beth Hillel say, both those who are betrothed and those who are married.

Beth Shammai say, against a husband but not against a yavam and Beth Hillel say, both against a husband and against a yavam.

Beth Shammai say, it must be made in his presence and Beth Hillel say, either in his presence or not in his presence.

Beth Shammai say, it must be made before a court and Beth Hillel say, either before a court or not before a court.

Beth Hillel said to Beth Shammai, she may exercise the right of refusal while she is a minor even four or five times.

Beth Shammai said to them: “The daughters of Israel are not ownerless property! Rather, either she makes a declaration of refusal and then waits until she is of age, or she makes a declaration of refusal and marries.

When a man has taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he has found some unseemliness in her: then he shall write her a bill of divorce, and give it in her hand, and send her out of his house.

And when she is departed out of his house, she may go and be another man’s wife.

And if the latter husband hate her, and write her a bill of divorce, and give it in her hand, and send her out of his house; or if the latter husband, who took her to be his wife, should die.

Her former husband, who sent her away, cannot take her again to be his wife, after she is defiled; for that is abomination before the Lord: and thou shalt not cause the land to be sinful, which the Lord thy God gives thee for an inheritance.

Rabbi Eliezer ben Jacob says: In the case of any hindrance from the husband [for example a bill of divorce], she is considered to be his wife; and in the case of any hindrance not from the husband [for example if she refused him], she is not considered to be his wife.

If she made a declaration of refusal against a man, he is permitted to her relatives and she is permitted to his relatives, and he does not disqualify her from a priest.

If he gave her a get, he is forbidden to her relatives and she is forbidden to his relatives, and he disqualifies her from a priest.

If he gave her a get and remarried her and then she a made a declaration of refusal against him, and married another man and became widowed or divorced, she is permitted to return to him.

If she made a declaration of refusal against him and then he remarried her, and then he gave her a get and then she married another man and became widowed or divorced, she is forbidden to return to him.

This is the rule: if divorce followed refusal she is forbidden to return to him, and if refusal followed divorce she is permitted to return to him.

If she made a declaration of refusal against a man, and then married to another man who divorced her, and then to another man against whom she made a declaration of refusal, and then to another man who divorced her: she is forbidden to return to any man from whom she was separated by a divorce, but is permitted to return to any man from whom she was separated by her declaration of refusal.

If a man divorced his wife and remarried her, she is permitted to the yavam. Rabbi Elazar forbids.

Similarly, if a man divorced an orphan and remarried her, she is permitted to the yavam. Rabbi Elazar forbids.

If a minor was given in marriage by her father and divorced, she is like an orphan in her father’s lifetime. If her husband remarried her, she is forbidden to the yavam.

If two brothers were married to two sisters who were minors and orphans, and the husband of one of them died, she is exempt since she is the wife’s sister. And similarly in the case of two deaf-mutes.

One an adult and one a minor. If the husband of the minor died, the minor is free since she is his wife’s sister.

If the husband of the elder one died, Rabbi Eliezer says to teach the minor to make a declaration of refusal against him.

Rabban Gamaliel says: If she refused, she refused, but if not, let her wait until she is of age and then this one will be free since she is his wife's sister.

Rabbi Joshua says: Woe to him because of his wife and woe to him because of his brother’s wife!

He must send his wife away with a get, and his brother’s wife via halitzah.

Someone who was married to two minor orphans and died, intercourse or halitzah with one of them exempts her rival.

And the same with two deaf women.

A minor and a deaf woman, intercourse with one of them does not exempt her rival.

One of sound senses and one deaf, intercourse with the woman of sound senses exempts the deaf one, but intercourse with the deaf one does not exempt the woman of sound senses.

One adult and the other a minor, intercourse with the adult exempts the minor, but intercourse with the minor does not exempt the adult.

Someone who was married to two minor orphans and died, if the yavam had intercourse with one, and then had intercourse with the other, or his brother had intercourse with the other, he has not disqualified the first.

And the same with two deaf women.

A minor and a deaf woman, if the yavam had intercourse with the minor, and then had intercourse with the deaf one, or his brother had intercourse with the deaf one, he has not disqualified the minor.

If the yavam had intercourse with the deaf widow and then he also had intercourse with the minor, or a brother of his had intercourse with the minor, he has disqualified the deaf one.

One of sound senses and the other deaf, and the yavam had intercourse with the one of sound senses and then intercourse with the deaf one, or a brother of his had intercourse with the deaf one, he does not disqualify the one of sound senses.

If the yavam had intercourse with the deaf one, and then intercourse with the one of sound senses, or a brother of his had intercourse with the woman of sound senses, he disqualifies the deaf woman.

One adult and the other a minor, and the yavam had intercourse with the adult and then intercourse with the minor, or a brother of his had intercourse with the minor, he does not disqualify the adult.

If the yavam had intercourse with the minor and then intercourse with the adult, or a brother of his had intercourse with the adult, he disqualifies the minor.

Rabbi Elazar says: the minor is to be instructed to make a declaration of refusal.

If a minor yavam had intercourse with a minor yevamah, they should be brought up together.

If he had intercourse with an adult yevamah, she should bring him up.

If a yevamah declared within thirty days, “he has not had intercourse with me”, they force him to perform halitzah;

After thirty days, they request that he perform halitzah. If he agrees, they force him to perform halitzah.

Someone who vowed to have no benefit from her yavam: during the husband’s lifetime they force him to perform halitzah, after the death of her husband, they request that he perform halitzah.

If this was her intention, even if it was during the lifetime of her husband, they request of him to perform halitzah.

When, during her husband's lifetime, a yevamah takes a vow prohibiting her from deriving benefit from her yavam, or from all Jews, should be compelled to perform chalitzah for her, and she is entitled to collect her marriage contract.
If she takes such a vow after her husband's death, we request him to perform chalitzah for her. If he does not desire to do so, she is considered to have "rebelled."

Similarly, even if she took such a vow in her husband's lifetime, if her intent was that he should not perform yibbum with her, he is not compelled to perform chalitzah, unless she rebels and forfeits her marriage contract.

If a deaf man married a woman of sound senses or a man of sound senses married a deaf woman he may if he wishes divorce her, and he may if he wishes retain her; just as he marries by gestures so he divorces her by gestures.

[But] if a man of sound senses married a woman of sound senses and she became deaf, he may if he wishes divorce her; and he may if he wishes retain her.

If she became insane he may not divorce her.

If he became deaf or insane, he may never divorce her.

Rabbi Yohanan ben Nuri says: Why may a woman who became deaf be divorced while a man who became deaf may not divorce?

They answered him: a man who divorces is not like a woman who is divorced, for while a woman may be divorced with or without her consent, a man can divorce only with his consent.

He is allowed to divorce her without her knowledge.

Rema. And even if he cannot pay her ketubah or dowry, she cannot prevent it since this is a divorce. Rather she becomes divorced and claims what he is obligated to her (Teshuvat HaRosh, and Rivash).

And all this is the law, but Rabbeinu Gershom decreed that [a man] cannot divorce a woman without her knowledge if she has not violated religion as is explained (Siman 115). And even if he wants to give her the ketubah, he cannot divorce her nowadays without her knowledge (Smak Siman 184).

Rabbi Yohanan ben Gudgada testified concerning a deaf-mute whose father had given her in marriage, that she could be sent away with a bill of divorce; They said to him: the other also is similar to her.

Two deaf brothers were married to two deaf sisters, or to two sisters who were of sound senses, or to two sisters one of whom was deaf and the other was of sound senses.

And so also if two deaf sisters were married to two brothers who were of sound senses, or to two deaf brothers, or to two brothers one of whom was deaf and the other of sound senses: behold they are exempt from halitzah and from yibbum.

If they were strangers they must marry them, and if they wish to divorce them, they may do so.

Two brothers, one deaf and the other of sound senses, were married to two sisters who were of sound senses.

The deaf brother, husband of the one of sound senses, died. What should the brother of sound senses, the husband of the one of sound senses, do?

She is exempt, because she is his wife’s sister. The brother of sound senses, husband of her of sound senses, died, what should the deaf brother, the husband of the one of sound senses, do? He must send away his wife with a get, while his brother’s wife is forbidden forever.

If a deaf man submitted to halitzah or if a deaf woman performed halitzah, or if halitzah was performed on a minor, the halitzah is invalid.

A minor who performs halitzah must perform halitzah again when she becomes of age; if she does not, her halitzah is invalid.

Two brothers of sound senses were married to two sisters, of whom was deaf and the other of sound senses.

The one of sound senses, the husband of the deaf one, died. What should the one of sound senses, the husband of the sister who was of sound senses, do? She is exempt because she is his wife’s sister.

The one of sound senses, the husband of the one of sound senses, died. What should the one of sound senses, the husband of the deaf one, do? He must send away his wife with a get and his brother’s wife by halitzah.

Two brothers, one deaf and the other of sound senses, were married to two sisters, one deaf and the other of sound senses.

The the deaf one, husband of the deaf sister, died. What should the one who was of sound senses, the husband of the sister who was of sound senses, do? She exempt because she is his wife’s sister.

The one of sound senses, the husband of the one of sound senses, died. What should the deaf one, husband of the deaf one, do?

He must send away his wife with a get, while his brother’s wife is forbidden forever.

If a deaf man submitted to halitzah or if a deaf woman performed halitzah, or if halitzah was performed on a minor, the halitzah is invalid.

Two brothers, one deaf and the other of sound senses, were married to two unrelated women of sound senses.

The deaf brother, husband of the woman of sound senses, died. What should the brother of sound senses, husband of the woman of sound senses, do? He either performs halitzah or yibbum.

The brother of sound senses, husband of the woman of sound senses, died. What should the deaf brother, husband of the woman of sound senses, do? He must marry and he may never divorce.

Two brothers of sound senses were married to two strangers, one of sound senses and one deaf.

The brother of sound senses, husband of the deaf woman died. What should the brother of sound senses, husband of the woman of sound senses, do? He must marry and if he wishes to divorce he divorces.

The brother of sound senses, husband of the woman of sound senses, died. What should should the brother of sound senses, husband of the deaf woman, do? He may either perform halitzah or yibbum.

Two brothers, one deaf and the other of sound senses, were married to two unrelated women, one deaf and the other of sound senses.

The deaf brother, husband of the deaf woman, died. What should the brother of sound senses, husband of the woman of sound senses do? He must marry and if he wishes to divorce he divorces.

The brother of sound senses, husband of the woman of sound senses, died. What should the deaf brother, husband of the deaf woman, do? He must marry and he may never divorce.

Review

A woman whose husband had gone to a country beyond the sea and they came and told her, “Your husband died”, and she married, and then her husband returned: she goes forth from both of them and she requires a get from both of them.

A woman and her husband went to a country beyond the sea; there was peace between him and her and peace in the world, and she came back and said, “My husband is dead”, she may marry.

“My husband is dead”, she may contract yibbum.

Peace between him and her, but war in the world, or discord between him and her, but peace in the world, and she came back and said, “My husband is dead”, she is not believed.

Rabbi Judah says: she is never believed unless she comes weeping and her garments are rent. They said to him: she may marry in either case.

The Rabbis said to Rabbi Judah: According to your statement, a sound woman will marry; a a foolish woman will not marry. Rather, both this one and that one may marry.

Beyt Hillel say: we only heard this with respect to a woman who came from the harvest.

Beyt Shammai said to them: it is the same whether the woman came from the harvest or from the olives, or from a country beyond the sea - the Sages spoke of the harvest only as an example.

Beyt Hillel changed their view to rule like Beyt Shammai.

Beit Shammai said to Beit Hillel: According to your words, I have only that it applies in the wheat harvest. From where do I derive for the barley harvest? And I have only that it applies to reaping grain. From where do I derive for harvesting grapes, or olives, or dates, or harvests figs?

Rather, it happened during the grain harvest, and the same is true of all these. Here too, it happened in the same country, but the same is true of all these.

Bet Shammai say she marries and she takes her ketubah. Bet Hillel say she marries but she cannot take her ketubah.

Bet Shammai said to them: you have permitted a serious issue of forbidden relationships, why should you not permit money which is of less consequence?

Bet Hillel said to them, we find that the brothers may not receive their inheritance on her testimony.

Bet Shammai said to them: do we not learn this from her ketubah wherein he writes to her “if you are married to another, you will take what is written for you”?

Bet Hillel changed their view to rule like Bet Shammai.

All are believed to testify for her except for her mother-in-law, the daughter of her mother-in-law, her rival wife, her sister-in-law and her husband’s daughter.

Why is a get different from death? The written document provides the proof.

If one witness said, “he is dead”, and his wife married again, and another came and said “he is not dead”, she need not go out.

If one witness said “he is dead” and two witnesses said “he is not dead”, even if she married again, she must go out.

If two witnesses said, “he is dead”, and one witness said, “he is not dead”, even if she had not married, she may do so.

Even the women who are not trusted to say “her husband died,” are trusted to bring her get: her mother-in-law, the daughter of her mother-in-law, her rival wife, her sister-in-law and the daughter of her husband.

What is the difference between the get and death? The writing proves it.

A woman may bring her own get but she must say, “In my presence it was signed and in my presence it was delivered.”

If one woman said “he is dead’ and one said, “he is not dead” , the one who said, “he is dead” may marry and take her ketubah, while the one who said, “he is not dead”, may not marry nor take her ketubah.

If one said “he is dead” and the other said “he was killed”, Rabbi Meir says that since they contradict one another they may not marry again.

Rabbi Judah and Rabbi Shimon say: since both admit that he is not alive, both may marry again.

If one witness says, “he is dead”, and another witness says “he is not dead’, or if one wife says “he is dead”, and another wife says, “he is not dead’, she may not marry again.

The halakha is not like Rabbi Meir.

A woman and her husband went to a country beyond the sea; she came back and said, “My husband is dead”, she may marry and take her ketubah, while her rival wife is forbidden.

If she was the daughter of an Israelite married to a priest, she is permitted to eat terumah, according to Rabbi Tarfon.

Rabbi Akiva says: this is not a way that would lead her away from transgression, unless she is forbidden to marry and forbidden to eat terumah.

The halakha is like Rabbi Tarfon.

If she stated, “my husband died first and my father-in-law died after him”, she may marry again and she also receives her ketubah, but her mother-in-law is forbidden.

If she was the daughter of an Israelite married to a priest, she is permitted to eat terumah, according to Rabbi Tarfon.

Rabbi Akiva says: this is not a way that would lead her away from transgression, unless she is forbidden to marry and forbidden to eat terumah.

If a man betrothed one of five women and he does not know which of them he has betrothed, and each states, “he has betrothed me”, he gives a get to every one of them, and he leaves one ketubah between them and withdraws, according to Rabbi Tarfon.

Rabbi Akiva says: this is not a way that would lead him away from transgression, unless he gives to each of them both a get and a ketubah.

If a man robbed one of five people and does not know which he has robbed, and each one states, “he robbed me”, he leaves the robbery between them and withdraws,

according to Rabbi Tarfon.

Rabbi Akiva says: this is not a way that would lead him away from transgression, unless he pays the robbery to each and every one.

He betrothed . . the halakha is like Rabbi Akiva.

A woman who went with her husband to a country beyond the sea, and her son was with her, and who came back and stated, “my husband died and afterwards my son died”, is believed.

“My son died and afterwards my husband died”, she is not believed, but we are concerned about her words and she performs halitzah but not yibbum.

“A son was given to me in a country beyond the sea” and she also states, “my son died and afterwards my husband died”, she is believed.

“My husband died and afterwards my son died”, she is not believed, but we are concerned about her words and she performs halitzah but not yibbum.

“A brother-in-law was given to me in a country beyond the sea”, and “my husband died and afterwards my brother-in-law died” or “my brother-in-law died and afterwards my husband died”, she is believed.

If a woman and her husband and her brother-in-law went to a country beyond the sea, and she stated, “my husband died and afterwards my brother-in-law” or “my brother-in-law and afterwards my husband” she is not believed for a woman is not to be believed when she asserts “my brother-in-law is dead”, in order that she may marry again; nor, "my sister is dead", in order that she may enter her house.

And a man is not believed when he states “my brother is dead”, so that he may have yibbum with his wife, nor "my wife is dead", in order that he may marry her sister.

Even though a woman's testimony is accepted with regard to the death of her husband, and she may marry or perform yibbum, the testimony of a yevamah is not accepted with regard to the death of her yavam, and it is not considered to be sufficient basis for her to marry another man because the prohibition is merely a negative commandment and she may regard it lightly.

A woman whose husband and rival wife went to a country beyond the sea, and to whom people came and said, “your husband is dead”, must neither marry nor peform yibbum until she knows whether her rival wife is pregnant.

If she had mothers-in-law she need not be concerned. But if she departed while pregnant she must be concerned. Rabbi Joshua says: she need not be concerned.

Two sisters-in-law, one says, “My husband is dead”, and the other also says, “My husband is dead”, this one is forbidden [to marry another man] on account of the husband of this one, and this one is forbidden on account of the husband of this one.

If one had witnesses and the other had no witnesses, she who has the witnesses is forbidden, while she who has no witnesses is permitted.

If the one has children and the other has no children, she who has children is permitted and she who has no children is forbidden.

If they peformed yibbum, and the yevamim died, they are forbidden to get married.

Rabbi Elazar says: since they were permitted to marry the yevamim, they are subsequently permitted to marry any man.

They only testify about the face with the nose, even if there were marks on the man’s body or clothing.

They only testify within three days.

They only testify when his soul has departed, even though they have seen him cut up or crucified or being devoured by a wild beast.

Rabbi Judah ben Baba says: not all men, all places, or all times are equal.

If he fell into water, whether it had an end or not, his wife is forbidden.

Rabbi Meir said: it once happened that a man fell into a large cistern and came out after three days.

Rabbi Yose: it once happened that a blind man descended into a cave to immerse and his guide went down after him; and after waiting long enough for their souls to depart, their wives were married again.

Another incident occurred at Asia where a man was lowered with a chain into the sea, and only his leg was brought up. The Sages said: from the knee and above the knee she may marry again, from the knee down, she may not marry again.

Even if he heard the women saying, “so-and-so is dead”, this is enough.

Rabbi Judah says: even if he heard the children saying, “behold we are going to mourn for a man named so-and-so and to bury him”.

Whether with intention or without intention.

Rabbi Judah ben Bava says: with an Israelite only if he had intention. With a non-Jew, if he had intention his evidence is invalid.

They testify by candle light or moonlight. And a woman may marry on the basis of a voice.

It once happened that a man was standing on the top of a hill and cried, “so-and-so son of so-and-so from such-and-such a place is dead”, but when they went they didn’t find anyone there and they allowed his wife to marry.

Again, it happened at Zalmon that a person declared, “I am so-and-so son of so-and-so; a snake has bitten me, and I am dying”; and when they went they did not recognize him, and they allowed his wife to marry.

Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”.

“That is so”, I told him.

He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have a tradition from Rabban Gamaliel the Elder that allow a woman marries on the evidence of one witness’”.

And when I came and recounted the words before Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a haver for Rabbi Judah ben Bava!”

During the conversation, Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry on the evidence of one witness.

And it was established that a woman marries on the evidence of one witness, and on the evidence of one from another witness, from a slave, from a woman or from a maid-servant.

Rabbi Eliezer and Rabbi Joshua say: a woman is not allowed to remarry on the evidence of one witness.

Rabbi Akiva says: not on that of a woman, nor on that of relatives.

They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the inn-mistress, “Where is our friend?” And she replied, “He is dead and I buried him”, and they allowed his wife to remarry.

They said to him, "Should not then a priest’s wife be treated like an inn-mistress!”

He answered them: When the inn-mistress will be believed. For the inn-mistress brought out to them his staff, his shoes, his bag and the Torah scroll which he had with him.

We will return to you, Masechet Yevamot, and you will return to us.

Our mind is on you, Masechet Yevamot, and your mind is on us.

We will not forget you, Masechet Yevamot, and you will not forget us – not in this world and not in the world to come.