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If the first [sister] had a co-wife, he can marry the co-wife, keep his wife, but the second [sister] is forbidden to him. That is “the sister of the co-wife of one with whom he performed ḥalîṣah is permitted to a person.” Should the co-wife not be forbidden to him as co-wife of a relative of one with whom he performed ḥalîṣah? Rebbi Yudan said, if he wanted to have intercourse with the co-wife before he married, would he not have been permitted? At the start, he is permitted; at the end, he is prohibited? If you say so, you are creating a co-wife after death and there can be no co-wife after death.

If the first [sister] had a co-wife, he can marry the co-wife, keep his wife, but the second [sister] is forbidden to him. That is “the sister of the co-wife of one with whom he performed ḥalîṣah is permitted to a person.” Should the co-wife not be forbidden to him as co-wife of a relative of one with whom he performed ḥalîṣah? Rebbi Yudan said, if he wanted to have intercourse with the co-wife before he married, would he not have been permitted? At the start, he is permitted; at the end, he is prohibited? If you say so, you are creating a co-wife after death and there can be no co-wife after death.

The argument of Rebbi Simeon seems to be inverted. There, he says, “he marries in levirate the one he wants and performs ḥalîṣah with the other,” and here, he says so? Rebbi Ze‘ira said, when I was still there, I learned the reason: There, the candidacy for two brothers-in-law does not interfere and one candidacy can be added to another, but here it is candidacy for one levir and no candidacy can come after a “bespeaking”. Rebbi Mattania said, are not sisters different from unrelated women? If you want a difficulty, find it in what Rebbi Ze‘ira said in the name of RavSheshet: They stated there that Rebbi Simeon forbade both of them. The argument of Rebbi Simeon seems to be inverted. There he says, both are forbidden, and here you says, both are permitted.

MISHNAH: Three brothers, two of whom are married to two sisters and the third is a bachelor. One of the sisters’ husbands died; the bachelor “bespoke” her; then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce, and his wife’s sister with ḥalîṣah. That is what people say, he is unlucky with his wife and with his brother’s wife.

HALAKHAH: “Three brothers, two of whom are married to two sisters,” etc. Do the House of Shammai follow Rebbi Eleazar ben Arakh, since Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely? If they would follow Rebbi Eleazar ben Arakh, in case he had divorced the “bespoken” widow, she would not need ḥalîṣah! But Rebbi Hila said in the name of Rebbi Eleazar, the House of Shammai agree that if he divorced the “bespoken”, she needs ḥalîṣah! It must be they follow Rebbi Simeon, since Rebbi Simeon says, “bespeaking” either acquires or does not acquire. If they would follow Rebbi Simeon, in any case, if “bespeaking” acquires, nothing follows it. If “bespeaking” does not acquire, why “his wife is with him and the other one should leave as the wife’s sister”? Maybe “bespeaking” for the House of Shammai is like candidacy for Rebbi Simeon in the interpretation of the rabbis there. As the rabbis there say, “bespeaking” acquires and leaves a remainder, so Rebbi Simeon says, [candidacy] acquires and leaves a remainder. Rebbi Simeon says, no candidacy can come after a candidacy, so the House of Shammai say here, no candidacy can come after a “bespeaking”.

HALAKHAH: “Three brothers, two of whom are married to two sisters,” etc. Do the House of Shammai follow Rebbi Eleazar ben Arakh, since Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely? If they would follow Rebbi Eleazar ben Arakh, in case he had divorced the “bespoken” widow, she would not need ḥalîṣah! But Rebbi Hila said in the name of Rebbi Eleazar, the House of Shammai agree that if he divorced the “bespoken”, she needs ḥalîṣah! It must be they follow Rebbi Simeon, since Rebbi Simeon says, “bespeaking” either acquires or does not acquire. If they would follow Rebbi Simeon, in any case, if “bespeaking” acquires, nothing follows it. If “bespeaking” does not acquire, why “his wife is with him and the other one should leave as the wife’s sister”? Maybe “bespeaking” for the House of Shammai is like candidacy for Rebbi Simeon in the interpretation of the rabbis there. As the rabbis there say, “bespeaking” acquires and leaves a remainder, so Rebbi Simeon says, [candidacy] acquires and leaves a remainder. Rebbi Simeon says, no candidacy can come after a candidacy, so the House of Shammai say here, no candidacy can come after a “bespeaking”.

MISHNAH: Of three brothers, two are married to two sisters and one to an unrelated woman. One of the sisters’ husbands died, the husband of the unrelated married his widow, and died. [The dead brother’s] second [wife] leaves as his wife’s sister, the first one as her co-wife. If he had “bespoken” her, the unrelated woman performs ḥalîṣah but cannot have levirate.

HALAKHAH: “Of three brothers, two are married to two sisters,” etc. Both the rabbis and Rebbi Simeon will agree in this case. For the rabbis, the part of the co-wife parallel to that which “bespeaking” acquired [in the widow] is forbidden. Also, the part of the co-wife parallel to that which “bespeaking” did not acquire [in the widow] is [still] forbidden. Therefore, she performs ḥalîṣah but cannot have levirate. Following Rebbi Simeon, if “bespeaking” acquires, both are permitted. If “bespeaking” does not acquire, the first is forbidden but the second permitted. Because of the doubt, she performs ḥalîṣah but cannot have levirate.

HALAKHAH: “Of three brothers, two are married to two sisters,” etc. Both the rabbis and Rebbi Simeon will agree in this case. For the rabbis, the part of the co-wife parallel to that which “bespeaking” acquired [in the widow] is forbidden. Also, the part of the co-wife parallel to that which “bespeaking” did not acquire [in the widow] is [still] forbidden. Therefore, she performs ḥalîṣah but cannot have levirate. Following Rebbi Simeon, if “bespeaking” acquires, both are permitted. If “bespeaking” does not acquire, the first is forbidden but the second permitted. Because of the doubt, she performs ḥalîṣah but cannot have levirate.

MISHNAH: Of three brothers, two are married to two sisters and one to an unrelated woman. The husband of the unrelated died, one of the sisters’ husbands married his widow, and died. His first [wife] leaves as his wife’s sister, the second one as her co-wife. If he had “bespoken” her, the unrelated woman performs ḥalîṣah but cannot have levirate.

MISHNAH: In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. What is a questionable divorce? If [the divorce document] was written in his handwriting but without witnesses, or there are witnesses but no date, or there is a date but only one witness, these are questionable divorces.

HALAKHAH: “In all cases in which there were questionable qiddushin or divorces, the [co-wives] must perform ḥalîṣah but cannot have levirate,” etc. There really is no questionable divorce here. What are questionable qiddushin? If he threw the betrothal gift to her and there is a doubt whether it fell closer to him or to her, that are questionable qiddushin. And here, if he threw the divorce document to her and there is a doubt whether it fell closer to him or to her, that is a questionable divorce.

MISHNAH: Three brothers are married to three unrelated women. If one of them died, his second brother “bespeaks” her and then dies, these perform ḥalîṣah but not levirate, as it is said: “Her levir shall come to her,” if on her is the candidacy from one brother but not from two. Rebbi Simeon says, he takes in levirate the one he prefers and performs ḥalîṣah with the other.

MISHNAH: Three brothers are married to three unrelated women. If one of them died, his second brother “bespeaks” her and then dies, these perform ḥalîṣah but not levirate, as it is said: “Her levir shall come to her,” if on her is the candidacy from one brother but not from two. Rebbi Simeon says, he takes in levirate the one he prefers and performs ḥalîṣah with the other.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

HALAKHAH: “Three brothers married to three women,” etc. Can a woman waiting for a levir who became available to several brothers-in-law not be married in levirate? Rebbi Ḥiyya stated: The wife of one [dead husband] is married in levirate, not the wife of two dead. One understands that he has to perform ḥalîṣah with the “bespoken” because the wife of one [dead husband] is married in levirate, not the wife of two dead. Why can the other one not be married in levirate? Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, of any one you cannot marry in levirate, you cannot marry the co-wife in levirate. Rebbi Joḥanan said, if Rebbi Eleazar formulated this, he formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “ A boy at least nine years and one day old who had intercourse with his sister-in-law and when he grew up he married another wife; if he never had intercourse with the first again after he became an adult, the second [wife] may perform ḥalîṣah or be married in levirate. The first one must perform ḥalîṣah and cannot be married in levirate.” Here you say, she performs ḥalîṣah; there you say, she is married in levirate! Where you say she performs ḥalîṣah, Rebbi Meïr and Rebbi Simeon; where you say, she is married in levirate, Rebbi Simeon and the rabbis. Rebbi Abun bar Bisna in the name of Rebbi Aḥa, but only if first he married in levirate and then performed ḥalîṣah. But if he performed ḥalîṣah first, it is forbidden; perhaps “bespeaking” acquired and she was freed by her co-wife’s ḥalîṣah.

MISHNAH: If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant and gives birth, if it is a live birth her relatives are permitted to him and his relatives are permitted to her; he has not disabled her [from marrying into] priesthood. If it is a still birth, her relatives are forbidden to him and his relatives are forbidden to her; he has disabled her [from marrying into] priesthood.

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

HALAKHAH: “If somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” etc. If he transgressed, but not from the start. That follows the Mishnah: “The widow should not perform ḥalîṣah or have levirate until after three months.” Why can she not have ḥalîṣah immediately? As you take it, if she has a live birth, ḥalîṣah did not affect her. If she has a still birth, she holds ḥalîṣah in her hand. Rebbi Ze‘ira, Rebbi Ḥiyya, Rebbi Abun in the name of Rebbi Joḥanan, that she should not need a proclamation for the priesthood. Rebbi Abba, Rebbi Jacob bar Idi, in the name of Rebbi Hoshaiah, that she should not need a proclamation for the priesthood. Rebbi Hoshaiah stated: “My levir refuses.” To the one to whom one says: perform levirate, to him one says: perform ḥalîṣah; but to the one to whom one cannot say: perform levirate, to him one cannot say: perform ḥalîṣah! What is the difference between them? If she had been acceptable and was desecrated, e. g., a widow for the High Priest or a divorcee or one who had performed ḥalîṣah for a common priest. According to him who says that she should not need a proclamation for the priesthood; that one, who does not need a proclamation for the priesthood, should have ḥalîṣah. According to him who says that to the one to whom one says: perform levirate, to him does one say: perform ḥalîṣah?

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid.” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah.

Rebbi Yudan asked: If he performed ḥalîṣah with a pregnant woman and she had a miscarriage? Let us hear from the following: If somebody died and left a pregnant widow, should I think that she must have recourse to her levir? The verse says, “that his name should not be extinguished from Israel,” only one whose name is extinguished. The verse says, “to establish a name in Israel for his brother,” until you know whether there is a live child or not. I could think that the wife of an eunuch should need levirate, the verse says “that his name should not be extinguished from Israel,” only one whose name is not extinguished; this excludes this one whose name was already extinguished.

Could I say, her co-wife may remarry? “ He who marries his sister-in-law and she turns out to be pregnant,” as you say, “her co-wife cannot marry until you know by which means she is permitted, whether by pregnancy or by intercourse” The same is valid for the one who performed ḥalîṣah. Ḥalîṣah frees and intercourse frees. As you said it for intercourse so it was said for ḥalîṣah.

Could I say, her co-wife may remarry? “ He who marries his sister-in-law and she turns out to be pregnant,” as you say, “her co-wife cannot marry until you know by which means she is permitted, whether by pregnancy or by intercourse” The same is valid for the one who performed ḥalîṣah. Ḥalîṣah frees and intercourse frees. As you said it for intercourse so it was said for ḥalîṣah.

Could I say, her co-wife may remarry? “ He who marries his sister-in-law and she turns out to be pregnant,” as you say, “her co-wife cannot marry until you know by which means she is permitted, whether by pregnancy or by intercourse” The same is valid for the one who performed ḥalîṣah. Ḥalîṣah frees and intercourse frees. As you said it for intercourse so it was said for ḥalîṣah.

Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses. Rebbi Yose said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina, if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate. A baraita disagrees with Rebbi Eleazar. “ If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died or she had a miscarriage, anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living! Rebbi Isaac bar Eleazar said, because of abandoning. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider? Bar Qappara stated: “On transfers benefit to a one day old.”

Samuel said, one can transfer benefits to fetuses; Rebbi Eleazar said, one cannot transfer benefits to fetuses. Rebbi Yose said, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. That is the Mishnah, “if somebody performed ḥalîṣah with his sister-in-law but she turns out to have been pregnant,” as you say here, retroactively ḥalîṣah did not touch her, so retroactively the child is a son and receives the benefit. There, we have stated: “If somebody says, if my wife gives birth to a male, he shall take a mina, if she gave birth to a male, [the male baby] will take a mina. If a female, 200 [drachmae], if she gave birth to a female, that one will take 200.” Rebbi Eleazar said, this is only for his son, but not for any other. Rebbi Yasa said, even any other. In the opinion of Rebbi Eleazar, only from a sick person, but not a healthy one; only movables but not real estate. A baraita disagrees with Rebbi Eleazar. “ If a proselyte died and Jews plundered his estate, then it became known that he had a son overseas or that [his wife] was pregnant, everybody is required to return [what he took].” What does Rebbi Eleazar do with this? There is a difference because it is his child. The second part [of the Mishnah] disagrees with Samuel in the interpretation of Rebbi Yose: “If they returned everything and then the son died or she had a miscarriage, anybody who takes first after that acquires it.” The first group did not acquire. Even at the beginning they should not have acquired! Did not Rebbi Yose say, even though Samuel said, one can transfer benefits to fetuses, he agrees that most of [the fetus’s] head and body must come out alive. He was not living! Rebbi Isaac bar Eleazar said, because of abandoning. The rabbis of Caesarea, R. Ḥiyya bar Abba, Rebbi Abba bar Natan: Rebbi Natan changed his mind because of that Mishnah: “If a male, a mina, if a female, 200.” Is a female in this situation not like an outsider? Bar Qappara stated: “On transfers benefit to a one day old.”

How do we hold? If he came to her immediately after her husband’s death, and the fetus was recognized after two months, one should have stated: A nine-month child of either one of them or a seven-month of either one of them! But it may be that he came to her after two months and the fetus was recognized after three months, one should have stated: The sister-in-law should not perform ḥalîṣah or be married in levirate until after five months! But it must be that he came to her after 40 days and the fetus was recognized after 50 days. That would be complete months for [a child of] the first [brother] and incomplete ones for the second. This implies that a woman may give birth after full months. This implies that there are two creations. This implies that a woman may give birth after incomplete months. This implies that a woman may become pregnant repeatedly. This implies that a woman cannot become pregnant simultaneously from two men. And it disagrees with the sermonizing rabbis, since the sermonizing rabbis say “the middleman” “from the orders of the Philistines”, from 100 prepuces of Philistines, that 100 prepuces of Philistines touched her. Rebbi Mattaniah said, there is no disagreement. As long as the semen is not spoiled, a woman can become pregnant from several men simultaneously. After the semen is spoiled, a woman cannot become pregnant from several men simultaneously.

MISHNAH: The obligation of levirate is on the oldest [brother]. If he refuses, one goes to all the other brothers. If they refuse, one returns to the oldest and tells him, the obligation is yours, either give ḥalîṣah or marry in levirate.

MISHNAH: If he made it dependent on a minor until he grows up, or on the oldest when he returns from overseas, or on a deaf-mute or on an insane [brother], one does not listen to him but tells him, the obligation is yours, either give ḥalîṣah or marry in levirate.

MISHNAH: He who performs ḥalîṣah with his sister-in-law is like any of the other brothers for the inheritance and, if there is a father, the property goes to the father. He who marries his sister-in-law acquires his brother’s property. Rebbi Jehudah says, in any case if there is a father, the property goes to the father.

HALAKHAH: “He who performs ḥalîṣah with his sister-in-law is like any of the other brothers for the inheritance,” etc. That one should not say, ḥalîṣah is freeing, intercourse is freeing; just as you say, “he who marries his sister-in-law acquires his brother’s property,” so he who performs ḥalîṣah with his sister-in-law acquires his brother’s property. Therefore, it is necessary to say “he is like any of the other brothers for the inheritance”.

HALAKHAH: “He who performs ḥalîṣah with his sister-in-law is like any of the other brothers for the inheritance,” etc. That one should not say, ḥalîṣah is freeing, intercourse is freeing; just as you say, “he who marries his sister-in-law acquires his brother’s property,” so he who performs ḥalîṣah with his sister-in-law acquires his brother’s property. Therefore, it is necessary to say “he is like any of the other brothers for the inheritance”.

HALAKHAH: “He who performs ḥalîṣah with his sister-in-law is like any of the other brothers for the inheritance,” etc. That one should not say, ḥalîṣah is freeing, intercourse is freeing; just as you say, “he who marries his sister-in-law acquires his brother’s property,” so he who performs ḥalîṣah with his sister-in-law acquires his brother’s property. Therefore, it is necessary to say “he is like any of the other brothers for the inheritance”.

MISHNAH: He who performs ḥalîṣah with his sister-in-law is forbidden her relatives and his relatives are forbidden to her. Forbidden to him are her mother and her mother’s mother, her father’s mother, her daughter, her daughter’s daughter and her son’s daughter, and her sister as long as she is alive. The brothers are permitted. Forbidden to her are his father, his father’s father, his son and his son’s son, his brother and his brother’s son. The relative of a co-wife of a person who had ḥalîṣah with him is permitted to him, but the co-wife of a relative of a person who had ḥalîṣah with him is forbidden.

MISHNAH: He who performs ḥalîṣah with his sister-in-law is forbidden her relatives and his relatives are forbidden to her. Forbidden to him are her mother and her mother’s mother, her father’s mother, her daughter, her daughter’s daughter and her son’s daughter, and her sister as long as she is alive. The brothers are permitted. Forbidden to her are his father, his father’s father, his son and his son’s son, his brother and his brother’s son. The relative of a co-wife of a person who had ḥalîṣah with him is permitted to him, but the co-wife of a relative of a person who had ḥalîṣah with him is forbidden.

MISHNAH: He who performs ḥalîṣah with his sister-in-law is forbidden her relatives and his relatives are forbidden to her. Forbidden to him are her mother and her mother’s mother, her father’s mother, her daughter, her daughter’s daughter and her son’s daughter, and her sister as long as she is alive. The brothers are permitted. Forbidden to her are his father, his father’s father, his son and his son’s son, his brother and his brother’s son. The relative of a co-wife of a person who had ḥalîṣah with him is permitted to him, but the co-wife of a relative of a person who had ḥalîṣah with him is forbidden.

HALAKHAH: “He who performs ḥalîṣah with his sister-in-law,” etc. Because he performed ḥalîṣah with her. Therefore, if he did not perform ḥalîṣah with her but she died, her mother is permitted to him. That is what Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar: If a woman waiting for her levir died, her mother is permitted to him. He had in her an interest of candidacy. When she died, the candidacy was eliminated. And here, when he died, the candidacy was eliminated. Rebbi Abun understood it from what follows: “And her sister as long as she is alive, but the brothers are permitted.” Is her sister’s position relative to the brothers not as if she herself had died?

HALAKHAH: “He who performs ḥalîṣah with his sister-in-law,” etc. Because he performed ḥalîṣah with her. Therefore, if he did not perform ḥalîṣah with her but she died, her mother is permitted to him. That is what Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar: If a woman waiting for her levir died, her mother is permitted to him. He had in her an interest of candidacy. When she died, the candidacy was eliminated. And here, when he died, the candidacy was eliminated. Rebbi Abun understood it from what follows: “And her sister as long as she is alive, but the brothers are permitted.” Is her sister’s position relative to the brothers not as if she herself had died?

HALAKHAH: “He who performs ḥalîṣah with his sister-in-law,” etc. Because he performed ḥalîṣah with her. Therefore, if he did not perform ḥalîṣah with her but she died, her mother is permitted to him. That is what Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar: If a woman waiting for her levir died, her mother is permitted to him. He had in her an interest of candidacy. When she died, the candidacy was eliminated. And here, when he died, the candidacy was eliminated. Rebbi Abun understood it from what follows: “And her sister as long as she is alive, but the brothers are permitted.” Is her sister’s position relative to the brothers not as if she herself had died?

“Forbidden to her are his father, his father’s father, his son and his son’s son, his brother and his brother’s son.” Does this imply that secondary prohibitions are imposed on the one performing ḥalîṣah? That says it, “his son and his son’s son, his brother and his brother’s son.” That implies that secondary prohibitions are imposed on the one performing ḥalîṣah.

“Forbidden to her are his father, his father’s father, his son and his son’s son, his brother and his brother’s son.” Does this imply that secondary prohibitions are imposed on the one performing ḥalîṣah? That says it, “his son and his son’s son, his brother and his brother’s son.” That implies that secondary prohibitions are imposed on the one performing ḥalîṣah.

So is the Mishnah: “The relative of a co-wife of a person who had ḥalîṣah with him is permitted to him, but the co-wife of a relative of a person who had ḥalîṣah with him is forbidden”. Rebbi Hila in the name of Rebbi Avina: It is an inference de minore ad majus. If the Sages gave a co-wife to the sister of a woman for whom he performed ḥalîṣah, which is rabbinic, here, where there is the prohibition of sisters, not so much more?

So is the Mishnah: “The relative of a co-wife of a person who had ḥalîṣah with him is permitted to him, but the co-wife of a relative of a person who had ḥalîṣah with him is forbidden”. Rebbi Hila in the name of Rebbi Avina: It is an inference de minore ad majus. If the Sages gave a co-wife to the sister of a woman for whom he performed ḥalîṣah, which is rabbinic, here, where there is the prohibition of sisters, not so much more?

So is the Mishnah: “The relative of a co-wife of a person who had ḥalîṣah with him is permitted to him, but the co-wife of a relative of a person who had ḥalîṣah with him is forbidden”. Rebbi Hila in the name of Rebbi Avina: It is an inference de minore ad majus. If the Sages gave a co-wife to the sister of a woman for whom he performed ḥalîṣah, which is rabbinic, here, where there is the prohibition of sisters, not so much more?

MISHNAH: If somebody performs ḥalîṣah with his sister-in-law while his brother had married her sister and then died, she must perform ḥalîṣah but not levirate. Similarly, if somebody divorces his wife while his brother had married her sister and then died, she is free.

MISHNAH: If somebody performs ḥalîṣah with his sister-in-law while his brother had married her sister and then died, she must perform ḥalîṣah but not levirate. Similarly, if somebody divorces his wife while his brother had married her sister and then died, she is free.

HALAKHAH: “Similarly, if somebody divorces his wife,” etc. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”.

HALAKHAH: “Similarly, if somebody divorces his wife,” etc. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”.

HALAKHAH: “Similarly, if somebody divorces his wife,” etc. Simeon bar Abba asked before Rebbi Joḥanan: What is the difference between having ḥalîṣah and divorcing? He said to him: You think that ḥalîṣah is acquisiton, but it is only freeing. The brothers are not guilty for her under the category of “wife of the one acting in ḥalîṣah” but they are guilty under the category of “wife of the deceased”.

MISHNAH: If a brother gave qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him wait until your older brother has acted. If [one of the] brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry. If the levir died, he has to remove himself from his wife by a bill of divorce and his brother’s widow by ḥalîṣah.

MISHNAH: If a brother gave qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him wait until your older brother has acted. If [one of the] brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry. If the levir died, he has to remove himself from his wife by a bill of divorce and his brother’s widow by ḥalîṣah.

MISHNAH: No sister-in-law should be a party to ḥalîṣah or levirate until after three months. Similarly, no woman should be married or receive qiddushin until after three months, whether virgin or not virgin, widow or divorcee, married or betrothed. Rebbi Jehudah says, those that had been married may receive qiddushin and those that had received qiddushin can be married except those that had received qiddushin in Judea because he is familiar with her. Rebbi Yose said, any woman may receive qiddushin except a widow because of her mourning.

HALAKHAH: “No sister-in-law should be a party to ḥalîṣah,” etc. How long is it until a pregnancy is recognized? Symmachos said in the name of Rebbi Meїr: After three months. Even though it is no proof, there is a hint: “It was after about three months.” Rebbi Yudan said, even for a phantom pregnancy, “we were pregnant, we were sick, as if we gave birth to wind,” “get pregnant with dry grass, give birth to straw.” Rebbi Ze‘ira, Rebbi Abba bar Zuṭra said, Rebbi Ḥanina in the name of the Great Rebbi Ḥiyya: Even most of the first, most of the last, and the middle one complete. Rav Assi said, a full 90 days. Samuel said, they in their fulness. A case came before the rabbis there; we do not know if thirteen of the first and seventeen of the last or seventeen of the first and thirteen of the last, and five complete ones in the middle; they wanted to touch the child because of a doubt of bastardy. Rav Naḥman bar Jacob told them, such a case came before Abba bar Abba and he declared it acceptable. Does Abba bar Abba disagree with his son Samuel? Rebbi Abba said, there is a difference between recognizing a pregnancy and giving birth. A pregnancy is recognized after full months, a birth can happen after fractional months. There, we have stated: “How long can labor be? Rebbi Meїr said, even 40 to 50 days. Rebbi Jehudah said, her month is sufficient. Rebbi Yose and Rebbi Simeon say, no labor is longer than two weeks”. “Rebbi Yose in the name of Rebbi Abba: This implies that a woman gives birth after fractional months. Since otherwise one should have stated “thirty days”. Rebbi Yose ben Rebbi Abun in the name of Rebbi Abba: This implies that a woman gives birth after full months. Since we have stated: “Her month is sufficient.”

The woman who performs ḥalîṣah counts from the moment of death. The one who leaves by a bill of divorce counts from the moment of delivery of her bill. Rebbi Ḥanina said, from the moment of delivery of her bill. Rebbi Joḥanan said, from the moment of writing. Rav and Samuel, Rav like Rebbi Ḥanina, Samuel like Rebbi Joḥanan. Samuel objected to Rav: According to you, since you say from the moment of delivery, about what are you suspicious? Because in the meantime she was alone with him! Then one should worry about an old bill of divorce! Rebbi Ḥanina objected to Rebbi Joḥanan: According to you, since you say from the moment of writing, if there were two bills of divorce, one written now and one later, and both delivered on the same day. This one you prohibit and that one you permit! What Rav objected to Samuel, Rebbi Ḥanina objected to Rebbi Joḥanan. What Rebbi Joḥanan objected to Rebbi Ḥanina, Samuel objected to Rav. Practice: She counts from the time of writing if he never was alone with her.

MISHNAH: If four brothers were married to four women and died, if their oldest [brother] wants to marry all of them in levirate, he is permitted to do so. If somebody was married to two women and he died, intercourse or ḥalîṣah with one of them frees the co-wife. If one was acceptable and the other blemished, if he performs ḥalîṣah, he performs it with the blemished; if he takes in levirate, he takes the acceptable one.

MISHNAH: If four brothers were married to four women and died, if their oldest [brother] wants to marry all of them in levirate, he is permitted to do so. If somebody was married to two women and he died, intercourse or ḥalîṣah with one of them frees the co-wife. If one was acceptable and the other blemished, if he performs ḥalîṣah, he performs it with the blemished; if he takes in levirate, he takes the acceptable one.

MISHNAH: He who takes back his divorcee, or marries the woman with whom he performed ḥalîṣah, or marries a relative of the woman with whom he performed ḥalîṣah, has to divorce her and any child is a bastard, the words of Rebbi Aqiba. But the Sages say, it is not a bastard. But they agree that the child of one who marries a relative of his divorcee is a bastard.

MISHNAH: He who takes back his divorcee, or marries the woman with whom he performed ḥalîṣah, or marries a relative of the woman with whom he performed ḥalîṣah, has to divorce her and any child is a bastard, the words of Rebbi Aqiba. But the Sages say, it is not a bastard. But they agree that the child of one who marries a relative of his divorcee is a bastard.

MISHNAH: If his wife died, her sister is permitted to him. If he divorced her and she died, her sister is permitted to him. If she had married another man and died, her sister is permitted to him. If his sister-in-law died, her sister is permitted to him. If he performed ḥalîṣah with her and she died, her sister is permitted to him.

HALAKHAH: “If his wife died, her sister is permitted to him,” etc. That means, her mother is forbidden to him. Did not Rebbi Jacob bar Aḥa say in the name of Rebbi Eleazar: If a woman waiting for her levir died, her mother is permitted to him. But since we stated: “If he performed ḥalîṣah with her and she died, her sister is permitted to him,” therefore he stated “her sister.”

MISHNAH: Rabban Gamliel says, there is no bill of divorce after a bill of divorce, no “bespeaking” after “bespeaking”, no copulation after copulation, and no ḥalîṣah after ḥalîṣah. But the Sages say, there is a bill of divorce after a bill of divorce and “bespeaking” after “bespeaking”, but nothing after copulation or after ḥalîṣah.

MISHNAH: Rabban Gamliel says, there is no bill of divorce after a bill of divorce, no “bespeaking” after “bespeaking”, no copulation after copulation, and no ḥalîṣah after ḥalîṣah. But the Sages say, there is a bill of divorce after a bill of divorce and “bespeaking” after “bespeaking”, but nothing after copulation or after ḥalîṣah.

MISHNAH: Rabban Gamliel says, there is no bill of divorce after a bill of divorce, no “bespeaking” after “bespeaking”, no copulation after copulation, and no ḥalîṣah after ḥalîṣah. But the Sages say, there is a bill of divorce after a bill of divorce and “bespeaking” after “bespeaking”, but nothing after copulation or after ḥalîṣah.

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

Since the rabbis say, “bespeaking” acquires but not completely, so they say, a bill of divorce frees but not completely. Should not a bill of divorce completely free a sister-in-law by an argument de minore ad majus? Since ḥalîṣah does not free a wife but a bill of divorce does, is it not logical that a sister-in-law, who is freed by ḥalîṣah, should be freed by a bill of divorce? The verse says, “she shall pull off.” By pulling off she is freed; she is not freed by a bill of divorce. So it should free anything! It is written: “She shall not belong … to a strange man.” Where do we hold? If he came upon her, she is his wife. If he performed ḥalîṣah with her, she should go and marry an outsider. So we must hold that he gave her a bill of divorce. Also Ḥizqiah stated thus: From where that the sister-in-law is forbidden to himself and his brothers if he gave her a bill of divorce? For him, I read “whom he had sent away”. For the brothers, I read “whom he had sent away”. Then should not ḥalîṣah free a wife by an argument de minore ad majus? Since a bill of divorce does not free a sister-in-law but ḥalîṣah does, is it not logical that a wife, who is freed by a bill of divorce, should be freed by ḥalîṣah? The verse says, “ he shall write her a bill of divorce.” By a bill of divorce she is freed; she is not freed by ḥalîṣah. So [ḥalîṣah] should free partially! There, it is written, “she shall not belong … to a strange man.” Here, what do you have?

MISHNAH: How? If he “bespoke” his sister-in-law and gave her a bill of divorce, she needs ḥalîṣah from him. If he “bespoke” and participated in ḥalîṣah, she needs a bill of divorce from him. If he “bespoke” her and copulated, that is as it is commanded.

MISHNAH: How? If he “bespoke” his sister-in-law and gave her a bill of divorce, she needs ḥalîṣah from him. If he “bespoke” and participated in ḥalîṣah, she needs a bill of divorce from him. If he “bespoke” her and copulated, that is as it is commanded.

Ḥalîṣah against the rules frees. In which respect? That if an outsider comes and gives qiddushin to her co-wife, they will lay hold of her. If an outsider came and gave her qiddushin, since the candidacy from the deceased was removed from her, the qiddushin will lay hold of her, or maybe, since she still needs a bill of divorce for her “bespeaking”, the qiddushin will not lay hold of her?

MISHNAH: If he delivered a bill of divorce and then “bespoke”, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then cohabited, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then performed ḥalîṣah, after ḥalîṣah nothing more is needed.

MISHNAH: If he delivered a bill of divorce and then “bespoke”, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then cohabited, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then performed ḥalîṣah, after ḥalîṣah nothing more is needed.

MISHNAH: If he delivered a bill of divorce and then “bespoke”, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then cohabited, she needs a bill of divorce and ḥalîṣah. If he delivered a bill of divorce and then performed ḥalîṣah, after ḥalîṣah nothing more is needed.