levir

How do you explain these? With one witness or with two witnesses? If you explain with one witness, then one witness would permit her to the levir. If you explain with two witnesses, then it disagrees with Rav since Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, she says to him, you are not him.

MISHNAH: If [a male] nine years and one day old copulated with his sister-in-law and after that his brother, who [also] was nine years and one day old, copulated with her, [the brother] disabled her for [the first levir]. Rebbi Simeon says, he did not disable. If [a male] nine years and one day old copulated with his sister-in-law, and after that he copulated with her co-wife, he disabled her for himself. Rebbi Simeon says, he did not disable. If [a male] nine years and one day old copulated with his sister-in-law and died, she performs ḥalîṣah but not levirate. If he married a woman and died, she is free. If [a male] nine years and one day old copulated with his sister-in-law and after he became an adult married another woman and died, if he never had intercourse with the first after he became an adult, the second [wife] either performs ḥalîṣah or levirate, the first performs ḥalîṣah but not levirate. Rebbi Simeon says, he takes in levirate the one he likes and performs ḥalîṣah with the other. It makes no difference whether he is nine years and one day or twenty years old, as long as he did not grow two pubic hairs.

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. Rebbi Eleazar said, this follows Rebbi Meïr, since Rebbi Meïr said, “any one who cannot marry me in levirate, cannot marry my co-wife in levirate.” Rebbi Joḥanan said, Rebbi Eleazar formulated what he had heard from me. Rebbi Yose said, a Mishnah said so: “If [a male] nine years and one day old copulated with his sister-in-law and after he became an adult married another woman and died, if he never had intercourse with the first after he became an adult, the second [wife] either performs ḥalîṣah or levirate, the first performs ḥalîṣah but not 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.

MISHNAH: The commandment of ḥalîṣah: He and his sister-in-law come to the court of law and they give him appropriate counsel, as it is said: “The Elders of his city shall call him and speak to him”. She says: “My levir refuses to erect a name in Israel for his brother, my levir does not want;” and he says: “I do not desire to take her.” They have to speak in the holy language. “His sister-in-law comes to him before the Elders’ eyes, strips his shoe from his foot, and spits out before him,” spittle that is visible to the judges. She has to declare and say: “So should be done to a man who would not build his brother’s house.” Up to this sentence they were reading to them but when it was read for Rebbi Hyrkanos under the oak tree in Kefar Abus he finished the paragraph; they established to finish the entire paragraph, “his house shall be called in Israel the house of the one stripped of shoe.” The obligation is on the judges, not on the students. Rebbi Jehudah said, everyone present has the obligation to say,” the one stripped of shoe, the one stripped of shoe”.

MISHNAH: The commandment of ḥalîṣah: He and his sister-in-law come to the court of law and they give him appropriate counsel, as it is said: “The Elders of his city shall call him and speak to him”. She says: “My levir refuses to erect a name in Israel for his brother, my levir does not want;” and he says: “I do not desire to take her.” They have to speak in the holy language. “His sister-in-law comes to him before the Elders’ eyes, strips his shoe from his foot, and spits out before him,” spittle that is visible to the judges. She has to declare and say: “So should be done to a man who would not build his brother’s house.” Up to this sentence they were reading to them but when it was read for Rebbi Hyrkanos under the oak tree in Kefar Abus he finished the paragraph; they established to finish the entire paragraph, “his house shall be called in Israel the house of the one stripped of shoe.” The obligation is on the judges, not on the students. Rebbi Jehudah said, everyone present has the obligation to say,” the one stripped of shoe, the one stripped of shoe”.

Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the recitation does prevent. Rebbi Mana said, even though Rebbi Samuel ben Rav Isaac said, the recitation does not prevent [validity], he agrees that if one recites, he recites in due order; in particular that it should not be said: “My levir refuses to erect, my levir does not want;” “I do not desire to take her”, but “my levir refuses to erect a name in Israel for his brother, my levir does not want;” “I do not desire to take her.”

Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the recitation does prevent. Rebbi Mana said, even though Rebbi Samuel ben Rav Isaac said, the recitation does not prevent [validity], he agrees that if one recites, he recites in due order; in particular that it should not be said: “My levir refuses to erect, my levir does not want;” “I do not desire to take her”, but “my levir refuses to erect a name in Israel for his brother, my levir does not want;” “I do not desire to take her.”

Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the recitation does prevent. Rebbi Mana said, even though Rebbi Samuel ben Rav Isaac said, the recitation does not prevent [validity], he agrees that if one recites, he recites in due order; in particular that it should not be said: “My levir refuses to erect, my levir does not want;” “I do not desire to take her”, but “my levir refuses to erect a name in Israel for his brother, my levir does not want;” “I do not desire to take her.”

Does the recitation prevent [validity]? Rebbi Samuel ben Rav Isaac said, for anybody able to recite, the recitation does not prevent [validity] but for anybody unable to recite, the recitation does prevent. Rebbi Mana said, even though Rebbi Samuel ben Rav Isaac said, the recitation does not prevent [validity], he agrees that if one recites, he recites in due order; in particular that it should not be said: “My levir refuses to erect, my levir does not want;” “I do not desire to take her”, but “my levir refuses to erect a name in Israel for his brother, my levir does not want;” “I do not desire to take her.”

MISHNAH: The House of Shammai say, one makes only betrothed girls repudiate. The House of Hillel say, betrothed or married. The House of Shammai say, the husband, but the House of Hillel say, the husband or the levir. The House of Shammai say, in his presence, but the House of Hillel say, in his presence or in his absence. The House of Shammai say, in a court of law, but the House of Hillel say, in a court or outside a court. The House of Hillel said to the House of Shammai: An underage girl may repudiate even four or five times. The House of Shammai said to them: The daughters of Israel are not abandoned property! But she repudiates, waits until she is of age, or repudiates and is married.

What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.

What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.

What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.

What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother and to permit the co-wife to her father and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. If she says, I can stand marriage with you but not with your brother? Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.

Rebbi Yudan, the father of Rebbi Mattaniah said: Explain it when they died and did not repudiate since there is a Mishnah: “If a woman could repudiate but did not do so and died, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Eudaimon said, you may even say if she still lives; explain it if there is no levir besides her father.

Rebbi Ze‘ira said before Rebbi Mana, did not Rebbi Yose say correctly before he changed his mind? Once a man’s daughter is married without being a she-ram, her co-wife is forbidden. If in addition she is a she-ram, does her co-wife become permitted? He said to him, the she-ram is as if non-existent. If there are two sisters-in-law, one a she-ram and one not a she-ram, if the levir comes and performs ḥalîṣah or has intercourse with the first, did he free her companion of anything? That shows that the she-ram is as if non-existent.

MISHNAH: If somebody divorced his wife and later took her back, she is permitted to the levir but Rebbi Eliezer forbids her. Similarly, if somebody divorced an orphan girl and took her back, she is permitted to the levir but Rebbi Eliezer forbids her. If an underage girl who was married off by her father was divorced, she is like an orphan during her father’s lifetime. If she was taken back, she is prohibited to the levir. The Sages agree with Rebbi Eliezer in case he divorced her as a minor and took her back as a minor, since her divorce is a total divorce but her return was not complete. But if he divorced her as a minor and took her back as an adult or she became an adult while married to him, she is permitted to the levir.

MISHNAH: If somebody divorced his wife and later took her back, she is permitted to the levir but Rebbi Eliezer forbids her. Similarly, if somebody divorced an orphan girl and took her back, she is permitted to the levir but Rebbi Eliezer forbids her. If an underage girl who was married off by her father was divorced, she is like an orphan during her father’s lifetime. If she was taken back, she is prohibited to the levir. The Sages agree with Rebbi Eliezer in case he divorced her as a minor and took her back as a minor, since her divorce is a total divorce but her return was not complete. But if he divorced her as a minor and took her back as an adult or she became an adult while married to him, she is permitted to the levir.

MISHNAH: If somebody divorced his wife and later took her back, she is permitted to the levir but Rebbi Eliezer forbids her. Similarly, if somebody divorced an orphan girl and took her back, she is permitted to the levir but Rebbi Eliezer forbids her. If an underage girl who was married off by her father was divorced, she is like an orphan during her father’s lifetime. If she was taken back, she is prohibited to the levir. The Sages agree with Rebbi Eliezer in case he divorced her as a minor and took her back as a minor, since her divorce is a total divorce but her return was not complete. But if he divorced her as a minor and took her back as an adult or she became an adult while married to him, she is permitted to the levir.

MISHNAH: If somebody divorced his wife and later took her back, she is permitted to the levir but Rebbi Eliezer forbids her. Similarly, if somebody divorced an orphan girl and took her back, she is permitted to the levir but Rebbi Eliezer forbids her. If an underage girl who was married off by her father was divorced, she is like an orphan during her father’s lifetime. If she was taken back, she is prohibited to the levir. The Sages agree with Rebbi Eliezer in case he divorced her as a minor and took her back as a minor, since her divorce is a total divorce but her return was not complete. But if he divorced her as a minor and took her back as an adult or she became an adult while married to him, she is permitted to the levir.

So is the Mishnah: The underage girl should wait until she grows up, reaches puberty, and is being married. Rebbi Eleazar said, there is no “being married” here, only “being betrothed.” Rebbi Joḥanban said, these are the words of Rabban Gamliel: If somebody gave qiddušin to his sister-in-law’s sister, his sister-in-law was freed from ḥalîṣah and levirate. It follows that what we had stated there, “if somebody gave qiddušin to the sister of a woman waiting for her levir” does not follow Rabban Gamliel.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: Somebody was married to two underage orphan girls and died. If the levir had intercourse with the first one and then had intercourse with the second, or his brother had intercourse with the second, the first one was not disabled. The same holds for two deaf-mutes. An underage girl and a deaf-mute. If the levir had intercourse with the underage girl and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the underage girl was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the underage girl, or his brother had intercourse with the underage girl, the deaf-mute was disabled.

MISHNAH: A hearing wife and a deaf-mute. If the levir had intercourse with the hearing woman and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the hearing woman was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the hearing woman, or his brother had intercourse with the hearing woman, the deaf-mute was disabled.

MISHNAH: A hearing wife and a deaf-mute. If the levir had intercourse with the hearing woman and then had intercourse with the deaf-mute, or his brother had intercourse with the deaf-mute, the hearing woman was not disabled. If the levir had intercourse with the deaf-mute and then had intercourse with the hearing woman, or his brother had intercourse with the hearing woman, the deaf-mute was disabled.

HALAKHAH: “A hearing wife and a deaf-mute. If the levir had intercourse,” etc. Even if he did not have intercourse with the hearing woman, the deaf-mute is disabled. If he did not have intercourse with the hearing woman and she died, he would have been permitted the deaf-mute. But now that he did have intercourse with her, even if she died he had disabled the deaf-mute.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

MISHNAH: An adult wife and an underage one. If the levir had intercourse with the adult and then had intercourse with the underage one, or his brother had intercourse with her, the adult was not disabled. If the levir had intercourse with the underage widow and then had intercourse with the adult one, or his brother had intercourse with her, the underage one was disabled. Rebbi Eleazar says, one teaches the underage girl that she should repudiate him.

MISHNAH: If an underage levir had intercourse with an underage sister-in-law, they should grow up together. If he had intercourse with an adult sister-in-law, she should raise him. If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṣah with her. After thirty days, one asks him to perform ḥalîṣah with her. But if he confesses, one forces him to perform ḥalîṣah with her even after twelve months. If a woman made a vow during her husband’s lifetime forbidding herself any usufruct from her levir, one coerces him until he performs ḥalîṣah with her. After her husband’s death, one begs him that he should perform ḥalîṣah with her. If she had [ḥalîṣah] in mind even during her husband’s lifetime, one begs him that he should perform ḥalîṣah with her.

MISHNAH: If an underage levir had intercourse with an underage sister-in-law, they should grow up together. If he had intercourse with an adult sister-in-law, she should raise him. If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṣah with her. After thirty days, one asks him to perform ḥalîṣah with her. But if he confesses, one forces him to perform ḥalîṣah with her even after twelve months. If a woman made a vow during her husband’s lifetime forbidding herself any usufruct from her levir, one coerces him until he performs ḥalîṣah with her. After her husband’s death, one begs him that he should perform ḥalîṣah with her. If she had [ḥalîṣah] in mind even during her husband’s lifetime, one begs him that he should perform ḥalîṣah with her.

HALAKHAH: “If an underage levir,” etc. It was stated: A claim of non-virginity may be brought within thirty days, the words of Rebbi Meїr. But the Sages say, immediately. Where do we hold? If he copulated, immediately. If he did not copulate, even after a longer delay. But we must hold if it was not spelled out. Rebbi Meїr said, it is credible that a man may hold himself back for thirty days. But the Sages say, a man does not hold himself back even for one day. Rebbi Jeremiah asked: According to Rebbi Meїr, would a man be believed to assert that he held himself back for thirty days in order to make the child fatherless? Let us hear from the following: “If the sister-in-law claims within thirty days that she was not copulated with, one forces him to perform ḥalîṣah with her. After thirty days, one asks him to perform ḥalîṣah with her.” (After thirty days.) And Rebbi Eleazar said, this is Rebbi Meїr’s. And Rebbi Eleazar said, that refers only to her, but not to her co-wife. As you say there, she is not believed to damage her co-wife, so here, he is not believed to damage his son.

HALAKHAH: “Two brothers, one deaf-mute,” etc. May she eat heave? Let us her from the following: “A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat.”

HALAKHAH: “Two hearing brothers,” etc. “Two brothers, one of them deaf-mute,” etc. May she eat heave? Let us hear from the following: “A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.”

HALAKHAH: “Two hearing brothers,” etc. “Two brothers, one of them deaf-mute,” etc. May she eat heave? Let us hear from the following: “A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.”

HALAKHAH: “Two hearing brothers,” etc. “Two brothers, one of them deaf-mute,” etc. May she eat heave? Let us hear from the following: “A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.”

HALAKHAH: “A woman went with her husband,” etc. Just as you say, “if there are witnesses that she is a married woman and she says, I was divorced, she is not trustworthy;” would I say it is the same here? There is a difference for witnesses of death since if he comes he disproves [the testimony]. Then she should be trustworthy to say: “my levir died”! That is impossible since we have stated: “A woman is not trustworthy if she says ‘my levir died’ to remarry, or ‘my sister died’ to enter her house.” Rebbi Abba said, she is trustworthy for her husband whom she married out of her free will; she is not trustworthy about her levir on whom she was thrown against her will. Rebbi Hoshaia asked, think of it, then she should not be trustworthy if she was forced to marry him!

HALAKHAH: “A woman went with her husband,” etc. Just as you say, “if there are witnesses that she is a married woman and she says, I was divorced, she is not trustworthy;” would I say it is the same here? There is a difference for witnesses of death since if he comes he disproves [the testimony]. Then she should be trustworthy to say: “my levir died”! That is impossible since we have stated: “A woman is not trustworthy if she says ‘my levir died’ to remarry, or ‘my sister died’ to enter her house.” Rebbi Abba said, she is trustworthy for her husband whom she married out of her free will; she is not trustworthy about her levir on whom she was thrown against her will. Rebbi Hoshaia asked, think of it, then she should not be trustworthy if she was forced to marry him!

HALAKHAH: “A woman went with her husband,” etc. Just as you say, “if there are witnesses that she is a married woman and she says, I was divorced, she is not trustworthy;” would I say it is the same here? There is a difference for witnesses of death since if he comes he disproves [the testimony]. Then she should be trustworthy to say: “my levir died”! That is impossible since we have stated: “A woman is not trustworthy if she says ‘my levir died’ to remarry, or ‘my sister died’ to enter her house.” Rebbi Abba said, she is trustworthy for her husband whom she married out of her free will; she is not trustworthy about her levir on whom she was thrown against her will. Rebbi Hoshaia asked, think of it, then she should not be trustworthy if she was forced to marry him!

MISHNAH: Everybody is accepted to be a witness for her except her mother-in-law, her mother-in-law’s daughter, her co-wife, her levir’s wife, and her husband’s daughter. What is the difference between a bill of divorce and death? The document is the proof. If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave. If one witness says that he died but two say that he did not die, even if she remarried she must leave. If two say that he died but one said that he did not die, even if she has not yet remarried she may remarry.

HALAKHAH: “Everybody is accepted to be a witness for her,” etc. It was stated: “Just as they cannot be trusted for her, so she cannot be trusted about them.” Her mother-in-law’s son is like her mother-in-law’s daughter. Her husband’s son is like her husband’s daughter. Her co-wife, even if remarried. Her levir’s wife, even [if she is] her own sister. Rebbi Yose said, a Mishnah says that they did not treat the males as they treat the females, as we have stated there: “because a woman is not trusted if she says, my levir died, that she should be free to remarry, nor that her sister died, to enter her house.” Because she has no children. But if she has children, she is trustworthy.

HALAKHAH: “Everybody is accepted to be a witness for her,” etc. It was stated: “Just as they cannot be trusted for her, so she cannot be trusted about them.” Her mother-in-law’s son is like her mother-in-law’s daughter. Her husband’s son is like her husband’s daughter. Her co-wife, even if remarried. Her levir’s wife, even [if she is] her own sister. Rebbi Yose said, a Mishnah says that they did not treat the males as they treat the females, as we have stated there: “because a woman is not trusted if she says, my levir died, that she should be free to remarry, nor that her sister died, to enter her house.” Because she has no children. But if she has children, she is trustworthy.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

MISHNAH: A woman went overseas with her husband and her son; if she returns and says, “my husband died and after that my sondied,” she is to be believed. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “I had a son overseas,” she says, “my son died and after him my husband,” she is believed; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate. “A levir was given to me overseas;” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband, and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister.

Rebbi Yose said, a Mishnah says that they did not treat the males as they treat the females, as we have stated there: “because she is not trusted if she says, my levir died, that she should be free to remarry, nor that her sister died, to enter her house.” Because she has no children. But if she has children, she is trustworthy.

It was stated: Rebbi said, three times is “impurity” said in the paragraph, one for the husband, one for the paramour, and one for heave. For heave? Do we find that a woman is forbidden to her house and permitted to eat heave? Why not? If the daughter of a Cohen was married to an Israel and raped, is she not permitted to her house but forbidden heave? We never find that a woman is forbidden to her house and permitted to eat heave! Rebbi Abin said, it was said: One for the husband, one for the paramour, and one for the levir. Rebbi Yose ben Rebbi Abun said, the Mishnah says so: “If he dies she needs ḥalîṣah but cannot be married in levirate.”

Just as the woman accused of infidelity is forbidden to her husband, so she is forbidden to her paramour. Just as she is forbidden to her husband’s brother, so she is forbidden to her paramour’s brother. I might think that just as the co-wife of a woman accused of infidelity is forbidden to her husband’s brother, so she should be forbidden to her paramour’s brother. Let us hear from the following: “A woman’s husband went overseas; they came and told her that her husband had died, and she had a levir here; he married her in levirate and died. Then her husband returned. She is forbidden to him but her co-widow is permitted to him; she is forbidden to him but his brother’s wife is permitted to him.” Is his brother’s wife not like the co-wife of a woman accused of infidelity? That means that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother. Rebbi Judan said, this follows the rabbis there, as Rebbi Hila said, one states there, for incestuous relationships no divorce is needed except for a married woman; Rebbi Aqiba says also from his wife’s sister. But following the rabbis here? Rebbi Ḥiyya in the name of Rebbi Joḥanan: everybody agrees that his brother’s wife needs a bill of divorce from him because of the rule of a married wife. She is forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥinenah said, it is accepted even according to the rabbis here. They fined her but not her heirs. Rebbi Ḥananiah, the son of Rebbi Hillel, said, according to the rabbis there, she should be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan, the co-wife of a woman accused of infidelity is forbidden, the co-wife of a divorcee is permitted. Rebbi Jacob [bar Aḥa] in the name of Rebbi Joḥanan: All co-wives are permitted except the co-wife of a woman accused of infidelity. Samuel said, the divorcee herself is permitted to her house. Does he disagree? Since they were discussing co-wives they did not mention divorcees. Why is the co-wife of a woman accused of infidelity forbidden? Rebbi Joḥanan said, they touched this case because it looks like adultery. Rav said, because impurity is written there parallel to incest prohibitions.

MISHNAH: Why does she repeat: “Amen Amen”? Amen on the curse, Amen on the oath, Amen from this man, Amen from any other man. Amen that I was not defiled and if I was defiled it should hurt me. Amen that I did not deviate preliminarily married and married, waiting for the levir and taken in. Rebbi Meїr says, Amen that I was not defiled, Amen that I shall not be defiled.

From where did they learn rollover of oaths? From the suspected wife: “The woman shall say, Amen, Amen”; Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

From where did they learn rollover of oaths? From the suspected wife: “The woman shall say, Amen, Amen”; Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, 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 [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, 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 [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, 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 [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, 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 [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, 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 [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, 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 [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

How could one state this Mishnah? Not the rabbis nor Rebbi Aqiba! But it is as follows. He who says that she is permitted to her house [follows] the rabbis against Rebbi Aqiba. He who says that she is forbidden to her house [follows] Rebbi Aqiba against the rabbis. Rebbi Yannai said, a woman waiting for her levir who whored is permitted to her house. One had stated this: “It was hidden from her husband’s eyes,” not from her levir’s eyes. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It happened, she was the wife of a Cohen, and they permitted her to her house. Rebbi Yose ben Rebbi Abun said, no whipping is involved.

How could one state this Mishnah? Not the rabbis nor Rebbi Aqiba! But it is as follows. He who says that she is permitted to her house [follows] the rabbis against Rebbi Aqiba. He who says that she is forbidden to her house [follows] Rebbi Aqiba against the rabbis. Rebbi Yannai said, a woman waiting for her levir who whored is permitted to her house. One had stated this: “It was hidden from her husband’s eyes,” not from her levir’s eyes. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: It happened, she was the wife of a Cohen, and they permitted her to her house. Rebbi Yose ben Rebbi Abun said, no whipping is involved.

As it was stated: “Living married to a husband,” that includes one who had received her husband in her father’s house while preliminarily married; the one who comes after him is strangled. Not only a regular intercourse but even perverse. Rebbi Abbahu in the name of Rebbi Joḥanan; it is necessary to mention perverse intercourse for if it were regular, why mention her husband? As we have stated: If she was raped by two men, the first is stoned, the second strangled. The preliminarily married adolescent girl. If ten men came upon her perversely and then one regularly, they are all stoned. If they all come upon her regularly, the first is stoned and the remainder strangled. If ten men “touched” her and then one penetrated, they are all stoned. If they all penetrated, the first is stoned and the remainder strangled. A single girl. If ten men came upon her perversely and then one regularly, they all pay the fine. If they all come upon her regularly, the first is stoned and the remainder is free. If she chose one of them, the others were freed from the prohibition. If she said, he is impossible, she repeatedly chooses. If he was married to her sister, he already is freed. If she died, he is freed. If he died, one does not force the levir.

It is written: “If a man takes a wife, comes to her, and hates her.” He is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “He puts a libel on her”; I could think even if she spoiled a dish? It says here “a libel” and it says later “a libel”. Since “a libel” later implies whoring, so also here it means whoring. Since “a libel” later implies from the place of virginity, so also here? From where if he came upon her otherwise? The verse says, “and he calumniates her”, in any way. “He said, I took this wife and came to her,” that excludes assignations; “I took”, to exclude the one waiting for her levir; “I took”, to exclude the preliminarily married one.

“I took”, that excludes assignations. Rebbi Jonah said, even following him who says that the money from the start was given for assignation. “I took”, to exclude the one waiting for her levir; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate. “I took”, to exclude the preliminarily married one.

So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.

MISHNAH: The levir does not cause her to eat heave. If she spent six months for her husband and six months for the levir, or even all the time for the husband except for one day for the levir, or all the time for the levir except for one day for the husband, she cannot eat heave. That is the earlier Mishnah. The court in later times said that no woman eats heave unless she had been entering the bridal chamber.

MISHNAH: The levir does not cause her to eat heave. If she spent six months for her husband and six months for the levir, or even all the time for the husband except for one day for the levir, or all the time for the levir except for one day for the husband, she cannot eat heave. That is the earlier Mishnah. The court in later times said that no woman eats heave unless she had been entering the bridal chamber.

MISHNAH: The levir does not cause her to eat heave. If she spent six months for her husband and six months for the levir, or even all the time for the husband except for one day for the levir, or all the time for the levir except for one day for the husband, she cannot eat heave. That is the earlier Mishnah. The court in later times said that no woman eats heave unless she had been entering the bridal chamber.

MISHNAH: The levir does not cause her to eat heave. If she spent six months for her husband and six months for the levir, or even all the time for the husband except for one day for the levir, or all the time for the levir except for one day for the husband, she cannot eat heave. That is the earlier Mishnah. The court in later times said that no woman eats heave unless she had been entering the bridal chamber.

HALAKHAH: “The levir does not cause her to eat heave,” etc. Rebbi Jeremiah said, we stated there: The sister-in-law is fed from her husband’s estate all of the three months. If her levir had come before the court and fled, she is fed from his property. If he became sick it is as if he had fled. If he went overseas it is as if he had fled. If the widow said, I am bound in my widowhood to my husband’s house, one listens to her. Rebbi Yose in the name of Rebbi Hila: The one who says, I shall not giveḥalîṣah, is like the one who says, I shall not divorce. Rav Zabda said, Rebbi Isaac intructed that the one who says., I shall not give ḥalîṣah, is like the one who says, I shall not divorce.

HALAKHAH: “The levir does not cause her to eat heave,” etc. Rebbi Jeremiah said, we stated there: The sister-in-law is fed from her husband’s estate all of the three months. If her levir had come before the court and fled, she is fed from his property. If he became sick it is as if he had fled. If he went overseas it is as if he had fled. If the widow said, I am bound in my widowhood to my husband’s house, one listens to her. Rebbi Yose in the name of Rebbi Hila: The one who says, I shall not giveḥalîṣah, is like the one who says, I shall not divorce. Rav Zabda said, Rebbi Isaac intructed that the one who says., I shall not give ḥalîṣah, is like the one who says, I shall not divorce.

“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.

“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.

“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.

MISHNAH: If a woman waiting for her levir inherited property, the House of Shammai and the House of Hillel agree that if she sells or gives away it is valid. If she died, what shall be done with her ketubah and the properties which enter and leave with her? The House of Shammai say, the husband’s and the father’s heirs shall split it. But the House of Hillel say, the properties are in the hands of the holders; the ketubah in the hands of the husband’s heirs and the properties which enter and leave with her in the hands of the father’s heirs.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.

MISHNAH: If a woman was waiting for her levir, whether it be one or two, Rebbi Eliezer says, he shall dissolve. Rebbi Joshua says, for one but not for two. Rebbi Aqiba says, neither for one nor for two.

HALAKHAH: “If a woman was waiting for her levir,” etc. Following Rebbi Aqiba, who can dissolve? For example, what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddušin are valid for her, who dissolves? And what Rebbi Jacob said in the name of Rebbi Joḥanan, he can allot her to his underage son, who dissolves? And what Rebbi Jacob bar Aḥa sind in the name of Rebbi Joḥanan, she does not even need a reparation offering for a possible sin, who dissolves?

MISHNAH: Rebbi Eliezer said, if he can dissolve vows for a wife which he himself acquired, so much more that he should be able to dissolve for a wife which Heaven acquired for him. Rebbi Aqiba answered him: No. What you say is about a wife which he himself acquired, where nobody else has any authority over her; what can you say about the wife which Heaven acquired for him, where others have authority over her? Rebbi Joshua said to him, Aqiba, your words apply to two levirs. What can you reply about one levir? He said to him, the sister-in-law does not belong completely to her man as the wife belongs completely to her husband.

HALAKHAH: “Rebbi Eliezer said,” etc. “Rebbi Eliezer said, since a woman on whom I had no claim before she entered into my domain, becomes absolutely mine after she entered my domain, is it not logical that a woman on whom I had some claim before she entered my domain, shall become absolutely mine when she enters my domain? Rebbi Aqiba told him, no. If you speak about a woman on whom you had no claim before she entered into your domain, but after she entered your domain she became absolutely yours, then just as you had no part in her so no other man had any part in her. What can you conclude about a woman on whom you had some claim before she entered your domain, and after she entered your domain she became absolutely yours, but just as you had some rights to her so others had the same rights to her! Rebbi Joshua told him, Aqiba, your argument holds for two levirs. What do you respond in the case of a single levir? He said to him, just as you make no difference in the rules of one waiting for one levir or for two levirs, whether he ‘bespoke’ her or did not ‘bespeak’ her, can it not be the same for vows and oaths? He said to him, that is true. He said to him, if you had lived in the times of Rebbi Eleazar ben Arakh, he would have said that ‘bespeaking’ does not acquire completely since he would agree that he cannot dissolve until she enters his domain.

HALAKHAH: “Rebbi Eliezer said,” etc. “Rebbi Eliezer said, since a woman on whom I had no claim before she entered into my domain, becomes absolutely mine after she entered my domain, is it not logical that a woman on whom I had some claim before she entered my domain, shall become absolutely mine when she enters my domain? Rebbi Aqiba told him, no. If you speak about a woman on whom you had no claim before she entered into your domain, but after she entered your domain she became absolutely yours, then just as you had no part in her so no other man had any part in her. What can you conclude about a woman on whom you had some claim before she entered your domain, and after she entered your domain she became absolutely yours, but just as you had some rights to her so others had the same rights to her! Rebbi Joshua told him, Aqiba, your argument holds for two levirs. What do you respond in the case of a single levir? He said to him, just as you make no difference in the rules of one waiting for one levir or for two levirs, whether he ‘bespoke’ her or did not ‘bespeak’ her, can it not be the same for vows and oaths? He said to him, that is true. He said to him, if you had lived in the times of Rebbi Eleazar ben Arakh, he would have said that ‘bespeaking’ does not acquire completely since he would agree that he cannot dissolve until she enters his domain.

“Her levir shall come upon her”, that is cohabitation. “And take her as a wife for himself”, that is “bespeaking”. I might think that just as cohabitation is final so “bespeaking” is final; the verse says “and take her in levirate.” This directs the entire paragraph towards levirate. Cohabitation is final, “bespeaking” is not final. Then what is “bespeaking” good for? To forbid her to his brothers.

Rebbi Simeon says, “bespeaking” either acquires or does not acquire. What is the argument of Rebbi Simeon? “Her levir shall come upon her”, that is cohabitation. “And take her for himself”, that is “bespeaking”. Just as cohabitation is final so “bespeaking” is final. Or “her levir shall come upon her”, then she has been acquired by him and “bespeaking” was of no use to her.

Rebbi Simeon says, “bespeaking” either acquires or does not acquire. What is the argument of Rebbi Simeon? “Her levir shall come upon her”, that is cohabitation. “And take her for himself”, that is “bespeaking”. Just as cohabitation is final so “bespeaking” is final. Or “her levir shall come upon her”, then she has been acquired by him and “bespeaking” was of no use to her.

From where even if he fell ill? The verse says, “in the seventh year he shall leave into freedom gratis.” I could think, even if he fled; the verse says, “six years he shall work.” What did you see to include this and to exclude that? After the verse included, it excluded. I am including the one who remains in his power and am exluding the one who is not in his power. Rebbi Abun bar Ḥiyya said that Rav Hoshaia asked: I understand that if he fell ill and fled afterwards, he has to make up [the time lost]. If he fled and then fell ill? Rebbi Ḥiyya bar Ada said, let us hear from the following: “If a woman rebels against her husband, one writes him a bill of rebellion on her ketubah.” And Rebbi Ḥiyya stated: One writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married one and one waiting for her levir. Where do we hold? If she rebelled against him while she was menstruating, the Torah instructed her to rebel. But we must hold that she rebelled when she was not menstruating and then started menstruating. Here she is unable to rebel, nevertheless you say, one writes. Here also, if he rebelled and then fell ill he has to make up. For he can say to him, if you had stayed with me, you would not have become sick. Rebbi Ḥinena said, that argument even works in the first case. If he fell ill and fled afterwards, he has to make up, since he can say to him, if you had stayed with me, you would have recuperated sooner.

From where did they learn rollover of oaths? From the suspected wife: Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

From where did they learn rollover of oaths? From the suspected wife: Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

MISHNAH: If somebody say to a woman: You are preliminarily married to me after I convert, or after you are converted, after I am freed, or after you are freed, after your husband has died, or after your sister has died, or after your levir has given you ḥalîṣah, she is not preliminarily married. Similarly, if somebody say to another, if your wife have a daughter, she shall be preliminarily married to me, he did not say anything.