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Today's Daf Yomi

March 9, 2022 | ื•ืณ ื‘ืื“ืจ ื‘ืณ ืชืฉืคืดื‘

  • This month's learning is sponsored by the Hadran Women of Silver Spring in memory of Nicki Toys, Nechama bat Shmuel Tzadok.

  • This monthโ€™s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

Yevamot 2

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Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. “They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren.”

This week’s learning is sponsored by Suri Davis-Stern in honor of her sonโ€™s engagement and daughter’s wedding. โ€œHakarat hatov to Hkbh on the engagement of my son, Yosef Stern to Rivka Cohen and the forthcoming wedding of my daughter, Esther Stern to Shai Goldman.”

Todayโ€™s daf is sponsored by Harriet Hartman in loving memory of Professor Dianne Ashton โ€œShe was taken from us suddenly in January of this year. A strong woman who beat all odds for her years and strongly advocated for woman’s achievements and spirituality and modeled them herself.โ€

Todayโ€™s daf is sponsored by Naomi Ferziger and Debbie Gevir in loving memory of their friend Ruti Greenberg. โ€œRuti was our wonderful, vivacious and beautiful friend who died on Pesach 8 years ago. Ruti’s chessed, which is exemplified in her name “Rut”, was just one of her special characteristics. Her optimism and strength coupled with her joie de vivre, wit and beauty continue to live in our hearts. Ruti, we miss you so much and think of you often. Yehi zichra baruch.โ€

If a married man died without having children, his wife would be designated to enter into a levirate marriage with his brother in order to fulfill the name of the dead brother (continue his legacy). However, if he has one brother and that brother happens to be forbidden to the wife due to one of 15 forbidden relationships described in the Mishna, she would be exempt from levirate marriage and would be permitted to marry anyone else. Not only is she permitted without levirate marriage, but if he had other wives, they would be permitted as well. If there was a third brother to whom the wife was not related to in a forbidden manner, and the second wife (tzara) entering into a levirate marriage with him and then he died without children, the first wife, the second wife (the one who is now married to the third brother, and if the third brother had another wife, they would all be exempt from levirate marriage with the other brother (the one to whom the first wife was forbidden to in the first place). However, if the first wife were to die before the husband, then the forbidden relationship is no longer in existence and the other wives would be permitted (and therefore obligated) to enter into a levirate marriage with the brother. All these laws are derived from the case of “his wife’s sister” – if so, why does the Mishna start with “his daughter” and not that case?

Yevamot 2 – Cases 1-9

Yevamot 2 – Cases 10-15

V

ืžืชื ื™ืณ ื—ืžืฉ ืขืฉืจื” ื ืฉื™ื ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ ื•ืฆืจื•ืช ืฆืจื•ืชื™ื”ืŸ ืžืŸ ื”ื—ืœื™ืฆื” ื•ืžืŸ ื”ื™ื™ื‘ื•ื ืขื“ ืกื•ืฃ ื”ืขื•ืœื

The Torah law obligating a man whose brother died without children [yavam] to marry his deceased brotherโ€™s widow [yevama] or to free her from her levirate bonds through the act of แธฅalitza 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 แธฅalitza.
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 แธฅalitza. 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 แธฅalitza, 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 husbandโ€™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 แธฅalitza 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 แธฅalitza and from levirate marriage forever, i.e., they also exempt rival wives of rival wives of rival wives, and so on.

ื•ืืœื• ื”ืŸ ื‘ืชื• ื•ื‘ืช ื‘ืชื• ื•ื‘ืช ื‘ื ื• ื‘ืช ืืฉืชื•

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 brotherโ€™s own daughter came before her father for levirate marriage, and therefore she is exempt. And the same applies if the deceased brotherโ€™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.

ื•ื‘ืช ื‘ื ื” ื•ื‘ืช ื‘ืชื” ื—ืžื•ืชื• ื•ืื ื—ืžื•ืชื• ื•ืื ื—ืžื™ื•

And similarly, if the yevama is the daughter of the son of the wife of her yavam or the daughter of his wifeโ€™s daughter, or if she is the mother-in-law of her yavam, or his mother-in-lawโ€™s mother, or his father-in-lawโ€™s mother, then she is exempt from แธฅalitza and levirate marriage.

ืื—ื•ืชื• ืžืืžื• ื•ืื—ื•ืช ืืžื• ื•ืื—ื•ืช ืืฉืชื• ื•ืืฉืช ืื—ื™ื• ืžืืžื•

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 wifeโ€™s sister, then she is exempt from both แธฅalitza 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 fatherโ€™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.

ื•ืืฉืช ืื—ื™ื• ืฉืœื ื”ื™ื” ื‘ืขื•ืœืžื• ื•ื›ืœืชื• ื”ืจื™ ืืœื• ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ ื•ืฆืจื•ืช ืฆืจื•ืชื™ื”ืŸ ืžืŸ ื”ื—ืœื™ืฆื” ื•ืžืŸ ื”ื™ื™ื‘ื•ื ืขื“ ืกื•ืฃ ื”ืขื•ืœื

And the same applies to the wife of a brother with whom he did not coexist, i.e., the wife of a man who died before his brother was born. As will be explained, the obligation of levirate marriage does not apply to the yavam in this case. Since levirate marriage does not apply to him, the yevama remains forbidden to him as his brotherโ€™s wife. And the last case is if oneโ€™s yevama had previously been his daughter-in-law, and after his son had died oneโ€™s brother married her, before he too passed away. These fifteen women exempt their rival wives and the rival wives of their rival wives from แธฅalitza and levirate marriage forever.

ื•ื›ื•ืœืŸ ืื ืžืชื• ืื• ืžื™ืื ื•

ยง And with regard to all of these women listed as prohibited relations, these halakhot apply only if they were married to the deceased brother until the time of his death. However, this is not the case if they died during the deceased brotherโ€™s lifetime, or if they refused their husbands when they were minors. This refusal is referring to the decree of the Sages that a girl under the age of twelve whose father is no longer alive may be married off by her mother or brothers. However, this marriage is not final, as she can terminate it by performing an act of refusal, i.e., by declaring, while still a minor, that she does not desire this marriage. In this case, the marriage is annulled retroactively and she is considered as though she were never married at all.

ืื• ื ืชื’ืจืฉื• ืื• ืฉื ืžืฆืื• ืื™ืœื•ื ื™ืช ืฆืจื•ืชื™ื”ืŸ ืžื•ืชืจื•ืช

Or if those women were divorced by their husband, the deceased brother, or were found to be a sexually underdeveloped woman [aylonit], i.e., a woman who is so underdeveloped that she is not considered a woman in the full sense, these halakhot do not apply. Her marriage is considered a mistaken marriage and is null and void. In all these cases their rival wives are permitted, as the exemption for rival wives of forbidden relatives applies only when the forbidden relative was the brotherโ€™s wife at the time of his death, when the halakhot of levirate marriage came into effect.

ื•ืื™ ืืชื” ื™ื›ื•ืœ ืœื•ืžืจ ื‘ื—ืžื•ืชื• ื•ื‘ืื ื—ืžื•ืชื• ื•ื‘ืื ื—ืžื™ื• ืฉื ืžืฆืื• ืื™ืœื•ื ื™ืช ืื• ืฉืžื™ืื ื•

ยง And the mishna comments that the language of this principle is imprecise, as you cannot say with regard to his mother-in-law and with regard to his mother-in-lawโ€™s mother and with regard to his father-in-lawโ€™s mother that they were found to be an aylonit, as an aylonit is sterile and therefore cannot become a mother or a mother-in-law. Nor is the mishna precise when it states: Or refused, as refusal applies only to minors, who cannot give birth.

ื›ื™ืฆื“ ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ ื”ื™ืชื” ื‘ืชื• ืื• ืื—ืช ืžื›ืœ ื”ืขืจื™ื•ืช ื”ืืœื• ื ืฉื•ืื•ืช ืœืื—ื™ื• ื•ืœื• ืืฉื” ืื—ืจืช ื•ืžืช ื›ืฉื ืฉื‘ืชื• ืคื˜ื•ืจื” ื›ืš ืฆืจืชื” ืคื˜ื•ืจื” ื”ืœื›ื” ืฆืจืช ื‘ืชื• ื•ื ืฉืืช ืœืื—ื™ื• ื”ืฉื ื™ ื•ืœื• ืืฉื” ืื—ืจืช ื•ืžืช ื›ืฉื ืฉืฆืจืช ื‘ืชื• ืคื˜ื•ืจื” ื›ืš ืฆืจืช ืฆืจืชื” ืคื˜ื•ืจื”

ยง The mishna explains: How do these women exempt their rival wives? If, for example, his daughter or any one of those women with whom relations are forbidden was married to his brother and this brother had another wife, and the brother died, then just as his daughter is exempt from levirate marriage, so too her rival wife is exempt. If his daughterโ€™s rival wife subsequently went and married his second brother, to whom she is permitted, and he had another wife, and he died childless as well, which means that his wife comes before the first yavam, the daughterโ€™s father, for levirate marriage, then just as his daughterโ€™s rival wife is exempt, so too the rival wife of her rival wife is exempt.

ืืคื™ืœื• ื”ืŸ ืžืื”

The mishna adds: Even if they are one hundred brothers, the same logic applies. If a woman is exempt from levirate marriage because she is the rival wife of a forbidden relative or the rival wife of a rival wife of this kind, and she herself has an additional rival wife, this rival wife is also exempt and in turn exempts her own rival wives from levirate marriage.

ื›ื™ืฆื“ ืื ืžืชื• ืฆืจื•ืชื™ื”ืŸ ืžื•ืชืจื•ืช ื”ื™ืชื” ื‘ืชื• ืื• ืื—ืช ืžื›ืœ ื”ืขืจื™ื•ืช ื”ืืœื• ื ืฉื•ืื•ืช ืœืื—ื™ื• ื•ืœื• ืืฉื” ืื—ืจืช ืžืชื” ื‘ืชื• ืื• ื ืชื’ืจืฉื” ื•ืื—ืจ ื›ืš ืžืช ืื—ื™ื• ืฆืจืชื” ืžื•ืชืจืช

How so? What are the cases in which if they died their rival wives are permitted? If, for example, oneโ€™s daughter or any one of those women with whom relations are forbidden was married to his brother, and this brother had another wife, and then his daughter died or was divorced and afterward his brother died, her rival wife is permitted to him.

ื•ื›ืœ ื”ื™ื›ื•ืœื” ืœืžืืŸ ื•ืœื ืžื™ืื ื” ืฆืจืชื” ื—ื•ืœืฆืช ื•ืœื ืžืชื™ื™ื‘ืžืช

ยง The mishna states another principle: And if any of these forbidden relatives was a minor who could refuse her husband, then even if she did not refuse, her rival wife performs แธฅalitza and does not enter into levirate marriage. The rival wife may not enter into levirate marriage, as she is the rival wife of a forbidden relative. However, she is not entirely exempt from levirate marriage and must be released by แธฅalitza because the marriage of the forbidden relative was not a fully valid marriage, and therefore, by Torah law, the other woman is not considered a rival wife of a forbidden relative.

ื’ืžืณ ืžื›ื“ื™ ื›ื•ืœื”ื• ืžืื—ื•ืช ืืฉื” ื™ืœืคื™ื ืŸ ืœื™ืชื ื™ ืื—ื•ืช ืืฉื” ื‘ืจื™ืฉื

GEMARA: The Gemara asks a question with regard to the order of the mishnaโ€™s list: Now, since the halakha that all these women with whom relations are forbidden are exempt from levirate marriage and exempt their rival wives is derived from the case of a wifeโ€™s sister, as demonstrated later, let the mishna teach the case of a wifeโ€™s sister first and only afterward mention the other instances, which are derived from that halakha.

ื•ื›ื™ ืชื™ืžื ืชื ื ื—ื•ืžืจื™ ื—ื•ืžืจื™ ื ืงื˜ ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื”ื™ื ื“ืืžืจ ืฉืจื™ืคื” ื—ืžื•ืจื”

And if you would say that the tanna cited the cases in order of severity, then you must say that it is in accordance with the opinion of Rabbi Shimon, who says that execution by burning is more severe than stoning. For this reason, the tanna began with the cases of oneโ€™s daughter and his daughterโ€™s daughter and his sonโ€™s daughter and so forth, since one who has relations with these women is punished by burning, after which the tanna listed those cases that entail a lesser penalty.

ืื™ ื”ื›ื™ ืœื™ืชื ื™ ื—ืžื•ืชื• ื‘ืจื™ืฉื ื“ืขื™ืงืจ ืฉืจื™ืคื” ื‘ื—ืžื•ืชื• ื›ืชื™ื‘ื ื•ืขื•ื“ ื‘ืชืจ ื—ืžื•ืชื• ืœื™ืชื ื™ ื›ืœืชื• ื“ื‘ืชืจ ืฉืจื™ืคื” ืกืงื™ืœื” ื—ืžื•ืจื”

However, the Gemara argues that even so, the order of the mishna remains problematic. If so, let him teach the case of oneโ€™s mother-in-law first, as the main transgression that entails burning is written with regard to his mother-in-law, as it is stated: โ€œAnd if a man take with his wife also her mother, it is wickedness; they shall be burnt with fire, both he and theyโ€ (Leviticus 20:14). And furthermore, after his mother-in-law let him teach his daughter-in-law, as after execution by burning, stoning is the most severe of the other capital punishments imposed by the courts.

ืืœื ื‘ืชื• ื›ื™ื•ืŸ ื“ืืชื™ื ืžื“ืจืฉื ื—ื‘ื™ื‘ื ืœื™ื”

Rather, the Gemara retracts the previous explanation in favor of the following: With regard to his daughter, since this prohibition is actually derived from a homiletical interpretation and is not explicitly stated in the Torah, it is therefore dear to the tanna. Consequently, he listed this novel case of a daughter first.

  • This month's learning is sponsored by the Hadran Women of Silver Spring in memory of Nicki Toys, Nechama bat Shmuel Tzadok.

  • This monthโ€™s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

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The William Davidson Talmud | Powered by Sefaria

Yevamot 2

ืžืชื ื™ืณ ื—ืžืฉ ืขืฉืจื” ื ืฉื™ื ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ ื•ืฆืจื•ืช ืฆืจื•ืชื™ื”ืŸ ืžืŸ ื”ื—ืœื™ืฆื” ื•ืžืŸ ื”ื™ื™ื‘ื•ื ืขื“ ืกื•ืฃ ื”ืขื•ืœื

The Torah law obligating a man whose brother died without children [yavam] to marry his deceased brotherโ€™s widow [yevama] or to free her from her levirate bonds through the act of แธฅalitza 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 แธฅalitza.
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 แธฅalitza. 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 แธฅalitza, 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 husbandโ€™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 แธฅalitza 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 แธฅalitza and from levirate marriage forever, i.e., they also exempt rival wives of rival wives of rival wives, and so on.

ื•ืืœื• ื”ืŸ ื‘ืชื• ื•ื‘ืช ื‘ืชื• ื•ื‘ืช ื‘ื ื• ื‘ืช ืืฉืชื•

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 brotherโ€™s own daughter came before her father for levirate marriage, and therefore she is exempt. And the same applies if the deceased brotherโ€™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.

ื•ื‘ืช ื‘ื ื” ื•ื‘ืช ื‘ืชื” ื—ืžื•ืชื• ื•ืื ื—ืžื•ืชื• ื•ืื ื—ืžื™ื•

And similarly, if the yevama is the daughter of the son of the wife of her yavam or the daughter of his wifeโ€™s daughter, or if she is the mother-in-law of her yavam, or his mother-in-lawโ€™s mother, or his father-in-lawโ€™s mother, then she is exempt from แธฅalitza and levirate marriage.

ืื—ื•ืชื• ืžืืžื• ื•ืื—ื•ืช ืืžื• ื•ืื—ื•ืช ืืฉืชื• ื•ืืฉืช ืื—ื™ื• ืžืืžื•

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 wifeโ€™s sister, then she is exempt from both แธฅalitza 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 fatherโ€™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.

ื•ืืฉืช ืื—ื™ื• ืฉืœื ื”ื™ื” ื‘ืขื•ืœืžื• ื•ื›ืœืชื• ื”ืจื™ ืืœื• ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ ื•ืฆืจื•ืช ืฆืจื•ืชื™ื”ืŸ ืžืŸ ื”ื—ืœื™ืฆื” ื•ืžืŸ ื”ื™ื™ื‘ื•ื ืขื“ ืกื•ืฃ ื”ืขื•ืœื

And the same applies to the wife of a brother with whom he did not coexist, i.e., the wife of a man who died before his brother was born. As will be explained, the obligation of levirate marriage does not apply to the yavam in this case. Since levirate marriage does not apply to him, the yevama remains forbidden to him as his brotherโ€™s wife. And the last case is if oneโ€™s yevama had previously been his daughter-in-law, and after his son had died oneโ€™s brother married her, before he too passed away. These fifteen women exempt their rival wives and the rival wives of their rival wives from แธฅalitza and levirate marriage forever.

ื•ื›ื•ืœืŸ ืื ืžืชื• ืื• ืžื™ืื ื•

ยง And with regard to all of these women listed as prohibited relations, these halakhot apply only if they were married to the deceased brother until the time of his death. However, this is not the case if they died during the deceased brotherโ€™s lifetime, or if they refused their husbands when they were minors. This refusal is referring to the decree of the Sages that a girl under the age of twelve whose father is no longer alive may be married off by her mother or brothers. However, this marriage is not final, as she can terminate it by performing an act of refusal, i.e., by declaring, while still a minor, that she does not desire this marriage. In this case, the marriage is annulled retroactively and she is considered as though she were never married at all.

ืื• ื ืชื’ืจืฉื• ืื• ืฉื ืžืฆืื• ืื™ืœื•ื ื™ืช ืฆืจื•ืชื™ื”ืŸ ืžื•ืชืจื•ืช

Or if those women were divorced by their husband, the deceased brother, or were found to be a sexually underdeveloped woman [aylonit], i.e., a woman who is so underdeveloped that she is not considered a woman in the full sense, these halakhot do not apply. Her marriage is considered a mistaken marriage and is null and void. In all these cases their rival wives are permitted, as the exemption for rival wives of forbidden relatives applies only when the forbidden relative was the brotherโ€™s wife at the time of his death, when the halakhot of levirate marriage came into effect.

ื•ืื™ ืืชื” ื™ื›ื•ืœ ืœื•ืžืจ ื‘ื—ืžื•ืชื• ื•ื‘ืื ื—ืžื•ืชื• ื•ื‘ืื ื—ืžื™ื• ืฉื ืžืฆืื• ืื™ืœื•ื ื™ืช ืื• ืฉืžื™ืื ื•

ยง And the mishna comments that the language of this principle is imprecise, as you cannot say with regard to his mother-in-law and with regard to his mother-in-lawโ€™s mother and with regard to his father-in-lawโ€™s mother that they were found to be an aylonit, as an aylonit is sterile and therefore cannot become a mother or a mother-in-law. Nor is the mishna precise when it states: Or refused, as refusal applies only to minors, who cannot give birth.

ื›ื™ืฆื“ ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ ื”ื™ืชื” ื‘ืชื• ืื• ืื—ืช ืžื›ืœ ื”ืขืจื™ื•ืช ื”ืืœื• ื ืฉื•ืื•ืช ืœืื—ื™ื• ื•ืœื• ืืฉื” ืื—ืจืช ื•ืžืช ื›ืฉื ืฉื‘ืชื• ืคื˜ื•ืจื” ื›ืš ืฆืจืชื” ืคื˜ื•ืจื” ื”ืœื›ื” ืฆืจืช ื‘ืชื• ื•ื ืฉืืช ืœืื—ื™ื• ื”ืฉื ื™ ื•ืœื• ืืฉื” ืื—ืจืช ื•ืžืช ื›ืฉื ืฉืฆืจืช ื‘ืชื• ืคื˜ื•ืจื” ื›ืš ืฆืจืช ืฆืจืชื” ืคื˜ื•ืจื”

ยง The mishna explains: How do these women exempt their rival wives? If, for example, his daughter or any one of those women with whom relations are forbidden was married to his brother and this brother had another wife, and the brother died, then just as his daughter is exempt from levirate marriage, so too her rival wife is exempt. If his daughterโ€™s rival wife subsequently went and married his second brother, to whom she is permitted, and he had another wife, and he died childless as well, which means that his wife comes before the first yavam, the daughterโ€™s father, for levirate marriage, then just as his daughterโ€™s rival wife is exempt, so too the rival wife of her rival wife is exempt.

ืืคื™ืœื• ื”ืŸ ืžืื”

The mishna adds: Even if they are one hundred brothers, the same logic applies. If a woman is exempt from levirate marriage because she is the rival wife of a forbidden relative or the rival wife of a rival wife of this kind, and she herself has an additional rival wife, this rival wife is also exempt and in turn exempts her own rival wives from levirate marriage.

ื›ื™ืฆื“ ืื ืžืชื• ืฆืจื•ืชื™ื”ืŸ ืžื•ืชืจื•ืช ื”ื™ืชื” ื‘ืชื• ืื• ืื—ืช ืžื›ืœ ื”ืขืจื™ื•ืช ื”ืืœื• ื ืฉื•ืื•ืช ืœืื—ื™ื• ื•ืœื• ืืฉื” ืื—ืจืช ืžืชื” ื‘ืชื• ืื• ื ืชื’ืจืฉื” ื•ืื—ืจ ื›ืš ืžืช ืื—ื™ื• ืฆืจืชื” ืžื•ืชืจืช

How so? What are the cases in which if they died their rival wives are permitted? If, for example, oneโ€™s daughter or any one of those women with whom relations are forbidden was married to his brother, and this brother had another wife, and then his daughter died or was divorced and afterward his brother died, her rival wife is permitted to him.

ื•ื›ืœ ื”ื™ื›ื•ืœื” ืœืžืืŸ ื•ืœื ืžื™ืื ื” ืฆืจืชื” ื—ื•ืœืฆืช ื•ืœื ืžืชื™ื™ื‘ืžืช

ยง The mishna states another principle: And if any of these forbidden relatives was a minor who could refuse her husband, then even if she did not refuse, her rival wife performs แธฅalitza and does not enter into levirate marriage. The rival wife may not enter into levirate marriage, as she is the rival wife of a forbidden relative. However, she is not entirely exempt from levirate marriage and must be released by แธฅalitza because the marriage of the forbidden relative was not a fully valid marriage, and therefore, by Torah law, the other woman is not considered a rival wife of a forbidden relative.

ื’ืžืณ ืžื›ื“ื™ ื›ื•ืœื”ื• ืžืื—ื•ืช ืืฉื” ื™ืœืคื™ื ืŸ ืœื™ืชื ื™ ืื—ื•ืช ืืฉื” ื‘ืจื™ืฉื

GEMARA: The Gemara asks a question with regard to the order of the mishnaโ€™s list: Now, since the halakha that all these women with whom relations are forbidden are exempt from levirate marriage and exempt their rival wives is derived from the case of a wifeโ€™s sister, as demonstrated later, let the mishna teach the case of a wifeโ€™s sister first and only afterward mention the other instances, which are derived from that halakha.

ื•ื›ื™ ืชื™ืžื ืชื ื ื—ื•ืžืจื™ ื—ื•ืžืจื™ ื ืงื˜ ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื”ื™ื ื“ืืžืจ ืฉืจื™ืคื” ื—ืžื•ืจื”

And if you would say that the tanna cited the cases in order of severity, then you must say that it is in accordance with the opinion of Rabbi Shimon, who says that execution by burning is more severe than stoning. For this reason, the tanna began with the cases of oneโ€™s daughter and his daughterโ€™s daughter and his sonโ€™s daughter and so forth, since one who has relations with these women is punished by burning, after which the tanna listed those cases that entail a lesser penalty.

ืื™ ื”ื›ื™ ืœื™ืชื ื™ ื—ืžื•ืชื• ื‘ืจื™ืฉื ื“ืขื™ืงืจ ืฉืจื™ืคื” ื‘ื—ืžื•ืชื• ื›ืชื™ื‘ื ื•ืขื•ื“ ื‘ืชืจ ื—ืžื•ืชื• ืœื™ืชื ื™ ื›ืœืชื• ื“ื‘ืชืจ ืฉืจื™ืคื” ืกืงื™ืœื” ื—ืžื•ืจื”

However, the Gemara argues that even so, the order of the mishna remains problematic. If so, let him teach the case of oneโ€™s mother-in-law first, as the main transgression that entails burning is written with regard to his mother-in-law, as it is stated: โ€œAnd if a man take with his wife also her mother, it is wickedness; they shall be burnt with fire, both he and theyโ€ (Leviticus 20:14). And furthermore, after his mother-in-law let him teach his daughter-in-law, as after execution by burning, stoning is the most severe of the other capital punishments imposed by the courts.

ืืœื ื‘ืชื• ื›ื™ื•ืŸ ื“ืืชื™ื ืžื“ืจืฉื ื—ื‘ื™ื‘ื ืœื™ื”

Rather, the Gemara retracts the previous explanation in favor of the following: With regard to his daughter, since this prohibition is actually derived from a homiletical interpretation and is not explicitly stated in the Torah, it is therefore dear to the tanna. Consequently, he listed this novel case of a daughter first.

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