levirate

HALAKHAH: “If one of them was forbidden,” etc. If a man raped a woman and she had a daughter who married one of his brothers while [the daughter’s] half-sister from another man is married to a second brother: When they died without children, his daughter is forbidden to him but her sister is permitted to him. This exemplifies: “Her sister who is her sister-in-law can be married in levirate.”

MISHNAH: Three brothers, two of them married to two sisters or a woman and her daughter or a woman and her daughter’s or her son’s daughter: These perform ḥalîṣah but not levirate, but Rebbi Simeon frees them. If one of them was forbidden to one of them by an incest prohibition, that one is forbidden for him but her sister is permitted to him. In case of a commandment prohibition or a holiness prohibition, they have ḥalîṣah but not levirate. But Rebbi Simeon frees them.

MISHNAH: Three brothers, two of them married to two sisters or a woman and her daughter or a woman and her daughter’s or her son’s daughter: These perform ḥalîṣah but not levirate, but Rebbi Simeon frees them. If one of them was forbidden to one of them by an incest prohibition, that one is forbidden for him but her sister is permitted to him. In case of a commandment prohibition or a holiness prohibition, they have ḥalîṣah but not levirate. But Rebbi Simeon frees them.

HALAKHAH: “Three brothers, two of them married to two sisters,” etc. Ulla bar Ismael said, so explained Rebbi Hoshaia, the father of the Mishnah: Rebbi Simeon frees the second one from ḥalîṣah and levirate. Rebbi Joḥanan said, the group asked, would anybody think that a man could acquire two sisters together? Rebbi Ḥanina said before Rebbi Mana and disagreed: Why does Rebbi Simeon free the second one from ḥalîṣah and levirate? He said to him, because nobody thinks that a man could acquire two sisters together. There they said, the words of Rebbi Simeon imply that no candidacy can come after another candidacy. Rebbi Abba in the name of Rebbi Eleazar: Only if he sinned and had intercourse. What is the difference? If somebody from the market gave qiddushin to the second sister. Following the rabbis, perfect qiddushin. Following Rebbi Eleazar, suspended qiddushin. When he has intercourse with the first, the qiddushin become valid for the second. If he had intercourse with the second, following the rabbis it is an incestuous act. Following Rebbi Eleazar, it is not an incestuous act. If the first one died, following the rabbis the second is permitted to him.

HALAKHAH: “Three brothers, two of them married to two sisters,” etc. Ulla bar Ismael said, so explained Rebbi Hoshaia, the father of the Mishnah: Rebbi Simeon frees the second one from ḥalîṣah and levirate. Rebbi Joḥanan said, the group asked, would anybody think that a man could acquire two sisters together? Rebbi Ḥanina said before Rebbi Mana and disagreed: Why does Rebbi Simeon free the second one from ḥalîṣah and levirate? He said to him, because nobody thinks that a man could acquire two sisters together. There they said, the words of Rebbi Simeon imply that no candidacy can come after another candidacy. Rebbi Abba in the name of Rebbi Eleazar: Only if he sinned and had intercourse. What is the difference? If somebody from the market gave qiddushin to the second sister. Following the rabbis, perfect qiddushin. Following Rebbi Eleazar, suspended qiddushin. When he has intercourse with the first, the qiddushin become valid for the second. If he had intercourse with the second, following the rabbis it is an incestuous act. Following Rebbi Eleazar, it is not an incestuous act. If the first one died, following the rabbis the second is permitted to him.

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

Rebbi Yudan asked: If somebody gave qiddushin to a woman “from now and after thirty days” and her sister became a candidate for levirate with him during these thirty days, is even in this “his wife with him and the other one should leave as the wife’s sister”? He said, the House of Shammai said that only after candidacy and “bespeaking”. But that what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddushin are valid for her, does not follow the House of Shammai.

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

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

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

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

Rebbi Yudan said, even Rebbi Eliezer agrees. Rebbi Yose said, that is correct. Because, if somebody had children but they died before he died, is his widow not a candidate for levirate? There, if he had children at the moment of death. Here, if they were co-wives after his death.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HALAKHAH: “Four of the brothers,” etc. Explanation: There were thirteen brothers, of whom twelve died childless. They [the widows] came and wanted to be married in levirate before Rebbi. He said to him, go and take in levirate. He said to him, it overtaxes my means. But each one of them said, I will support during my month. He said, and who will support during that intercalary month? Rebbi said, I shall support during that intercalary month. He prayed for them and they went from him. After three years they came, carrying 36 toddlers. They came and stood in front of Rebbi’s dwelling. [People] went in and told [Rebbi], outside are rural toddlers who want to greet you. Rebbi looked down from the window and saw them. He asked them, for what are you here? They said to him, we beg that you give us [support for] that intercalary month; he gave them [support for] that intercalary month.

HALAKHAH: “Four of the brothers,” etc. Explanation: There were thirteen brothers, of whom twelve died childless. They [the widows] came and wanted to be married in levirate before Rebbi. He said to him, go and take in levirate. He said to him, it overtaxes my means. But each one of them said, I will support during my month. He said, and who will support during that intercalary month? Rebbi said, I shall support during that intercalary month. He prayed for them and they went from him. After three years they came, carrying 36 toddlers. They came and stood in front of Rebbi’s dwelling. [People] went in and told [Rebbi], outside are rural toddlers who want to greet you. Rebbi looked down from the window and saw them. He asked them, for what are you here? They said to him, we beg that you give us [support for] that intercalary month; he gave them [support for] that intercalary month.

May one apply a trick? Did Rebbi Ṭarphon, the father of all of Israel, not apply a trick? He gave qiddushin to 300 women in times of famine to let them eat heave! There, every one of them was able to eat heave. But here, is each one able to perform levirate? Rebbi Yudan the son of Rebbi Ismael: One deals with him is such a way.

HALAKHAH: “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 “her levir shall come upon her.” This directs the entire paragraph towards levirate. Cohabitation is final, “bespeaking” is not final. Then what is “bespeaking” good for? To forbid her to the brothers.

Rebbi Yudan asked: If somebody gave qiddushin to a woman “from now and after thirty days” and her sister became a candidate for levirate with him during these thirty days, is there even in this case no “bespeaking” after “bespeaking? He said, Rabban Gamliel said only “after a bill of divorce and ‘bespeaking’ ”. But what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddushin are valid for her, does not follow Rabban Gamliel.

“Her levir shall come upon her”, when he is aware of it. “And take her as a wife for himself”, when he is not aware of it. “And take her in levirate”, even against his will. “Her levir shall come upon her”, when she is aware of it. “And take her as a wife for himself”, when she is not aware of it. “And take her in levirate”, even against her will. “Her levir shall come upon her”, in the usual way. “And take her as a wife for himself”, not in the usual way. “And take her in levirate”, even from the side. “Her levir shall come upon her”, in a completed intercourse. “And take her as a wife for himself”, in incomplete intercourse. “And take her in levirate”, even if only touching.

“Her levir shall come upon her”, when he is aware of it. “And take her as a wife for himself”, when he is not aware of it. “And take her in levirate”, even against his will. “Her levir shall come upon her”, when she is aware of it. “And take her as a wife for himself”, when she is not aware of it. “And take her in levirate”, even against her will. “Her levir shall come upon her”, in the usual way. “And take her as a wife for himself”, not in the usual way. “And take her in levirate”, even from the side. “Her levir shall come upon her”, in a completed intercourse. “And take her as a wife for himself”, in incomplete intercourse. “And take her in levirate”, even if only touching.

“Her levir shall come upon her”, when he is aware of it. “And take her as a wife for himself”, when he is not aware of it. “And take her in levirate”, even against his will. “Her levir shall come upon her”, when she is aware of it. “And take her as a wife for himself”, when she is not aware of it. “And take her in levirate”, even against her will. “Her levir shall come upon her”, in the usual way. “And take her as a wife for himself”, not in the usual way. “And take her in levirate”, even from the side. “Her levir shall come upon her”, in a completed intercourse. “And take her as a wife for himself”, in incomplete intercourse. “And take her in levirate”, even if only touching.

“Her levir shall come upon her”, when he is aware of it. “And take her as a wife for himself”, when he is not aware of it. “And take her in levirate”, even against his will. “Her levir shall come upon her”, when she is aware of it. “And take her as a wife for himself”, when she is not aware of it. “And take her in levirate”, even against her will. “Her levir shall come upon her”, in the usual way. “And take her as a wife for himself”, not in the usual way. “And take her in levirate”, even from the side. “Her levir shall come upon her”, in a completed intercourse. “And take her as a wife for himself”, in incomplete intercourse. “And take her in levirate”, even if only touching.

MISHNAH: The High Priest shall not marry a widow, whether a widow from betrothal or a widow from marriage. He shall not marry an adult; Rebbi Eleazar and Rebbi Simeon enable the adult. He shall not marry one injured by a piece of wood. If he gave qiddushin and afterwards was elected High Priest, he shall marry her; it happened that Joshua ben Gamla had given qiddushin to Martha bat Boetos when the king appointed him as High Priest and he married her. If a woman was waiting for her Cohen levir when he was elected High Priest, even though he “bespoke” her, he may not marry her. If the brother of a High Priest died, he performs ḥalîṣah but not levirate.

“If a brother of the High Priest dies, he performs ḥalîṣah but not levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, does one say to him, transgress the words of the Torah?

MISHNAH: The fetus, the levir, the betrothal, the deaf-and-dumb, and the male nine years and one day old disable but do not enable to eat. If there was a doubt whether or not he had reached nine years and one dayt; whether or not he had grown two pubic hairs; when the house fell on him and his brother’s daughter and it is not known who of them died first, her co-wife performs ḥalîṣah but not levirate.

“When the house fell on him and his brother’s daughter and it is not known who of them died first, her co-wife performs ḥalîṣah but not levirate.” Why do we come here to state doubts? Since we had stated [the rules for] co-wives, we now state for doubts concerning co-wives.

MISHNAH: Rebbi Joshua said, I heard that the castrate performs ḥalîṣah and one performs ḥalîṣah for his wife, and that the castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife, and I cannot explain. Rebbi Aqiba said, I shall explain it. A castrate by human action performs ḥalîṣah and one performs ḥalîṣah for his wife since he had been qualified; a congenital castrate does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he never had been qualified. Rebbi Eliezer said, it is not so, but a congenital castrate performs ḥalîṣah and one performs ḥalîṣah for his wife since he might be healed, a castrate by human action does not perform ḥalîṣah and one does not perform ḥalîṣah for his wife since he cannot be healed. Rebbi Joshua ben Bathyra testified about Ben Megisa in Jerusalem that he was a castrate by human action and they instructed that levirate be performed for his wife, to endorse the words of Rebbi Aqiba.

MISHNAH: The castrate does not perform either ḥalîṣah or levirate; similarly, the she-ram does not perform either ḥalîṣah or levirate. The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her he disabled her because it is incestuous. Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her they disabled her because it is incestuous.

MISHNAH: The castrate does not perform either ḥalîṣah or levirate; similarly, the she-ram does not perform either ḥalîṣah or levirate. The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her he disabled her because it is incestuous. Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her they disabled her because it is incestuous.

HALAKHAH: “Rebbi Joshua said, I heard,” etc. “That the castrate does not perform ḥalîṣah” etc. “Similarly, if the brothers performed ḥalîṣah for a she-ram,” etc. What is a sun-castrate? Rebbi Ḥiyya in the name of Rebbi Joḥanan, anybody whom the sun did not see qualified even for one hour. If somebody stretched out his hand and castrated [the not yet born baby] in the womb, everybody agrees that [when born] he is prohibited from marrying into the congregation and he cannot perform either ḥalîṣah or levirate. One imposes upon him the restrictions of both castrate by human action and sun-castrate in this disagreement.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”

Rebbi Ḥiyya in the name of Rebbi Joḥanan: These are the words of Rebbi Eliezer, Rebbi Aqiba, and Rebbi Joshua. But the words of the Sages are that neither the castrate by human action nor the congenital castrate is able to perform ḥalîṣah nor does one perform ḥalîṣah for his wife. He cannot perform levirate, nor does one marry his wife in levirate. That is the Mishnah: “The castrate who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous.” The hermaphrodite who performed ḥalîṣah for his sister-in-law did not disable her; if he copulated with her, he disabled her because it is incestuous. “Similarly, if the brothers performed ḥalîṣah for a she-ram, they did not disable her; if they copulated with her, they disabled her because it is incestuous.”

Is there nobody who disagrees with Rebbi Jehudah? Since Rebbi Yose said in the name of Rebbi Hila, one marries his wife in levirate, that means that nobody disagrees with Rebbi Jehudah. If he betrothed, his betrothal is not problematic. If he was betrothed, his betrothal is problematic. If he was copulated with, he becomes disabled from heave like a woman. That is difficult. Rebbi Niḥa bar Rebbi Sava, Rebbi Jonah in the name of Rav Hamnuna: Even with his own kind in any case. That is difficult, if he is a male, no male disables a male. If she is a female, no female disables a female. The male aspect of one disables the female aspect of the other. He enables his wives to eat but does not enable his slaves. He enables his wives to eat by his male aspect. But he does not enable his slaves because of his double aspect; his female aspect was desecrated.

MISHNAH: A woman’s husband went overseas and some persons came and told her, your husband died. If she remarried and then the husband returned, she has to leave both husbands, she needs a bill of divorce from both of them, she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥalîṣah but not 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 and his brother’s wife (not like the co-wife of a woman accused of infidelity? That implies that the co-wife of a woman accused of infidelity is permitted to her paramour’s brother.) But following the rabbis here? Rebbi Ḥiyya said 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. He married a person forbidden by the incest rules, and an incest-prohibited woman frees her co-wife. Rebbi Ḥananiah 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 in 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: They came and told her, your son died and after that your husband died, and she was married in levirate. After that, they said to her, the sequence was inverted. Then she must leave and the first and the last children are bastards.

HALAKHAH: “They came and told her, your son died,” etc. If she should not have married but entered levirate, this is the case of a sister-in-law who married without ḥalîṣah. Rebbi Jeremiah said, this man performs ḥalīṣah, the other one keeps her. Rebbi Jehudah ben Pazi in the name of Rebbi Joḥanan: She must leave. Rebbi Yose in the name of Rebbi Hila: She must leave. Rebbi Yose asked Rebbi Phineas, how does the rabbi hold? He said, with Rebbi Jeremiah. He said to him, change your mind, for otherwise I shall publicly call you a rebellious Elder. Rebbi Zevidah said, a baraita supports Rebbi Joḥanan: “She must leave both of them and the thirteen items apply to her, following Rebbi Meïr who said it in the name of his teacher Rebbi Aqibah. But the Sages say, there is no bastard from a sister-in-law.” They only said, “there is no bastard from a sister-in-law,” therefore she must leave. And we have stated, “she must leave”. And Rebbi Joḥanan said, she must leave.

“How is that? [A male] nine years and one day old.” “If he allots her to his son.” He allots her to his son but may not allot her to the brothers. He should be able to allot her to the brothers by an argument de minore ad majus! If he may allot her to his son who may not take his place for ḥalîṣah and levirate, should it not be logical that he may allot her to his brother who may take his place for ḥalîṣah and levirate? The verse says, “if he allots her to his son.” He allots her [to his son] but may not allot her to the brothers. No. If you would accept the son since he will take [the father’s] place in a field of inheritance, what can you say about his brother who will not take his place in a field of inheritance? Would it be reasonable that he may allot her to him? The verse says, “if he allots her to his son.” He allots her to his son but may not allot her to the brothers.

“How is that? [A male] nine years and one day old.” “If he allots her to his son.” He allots her to his son but may not allot her to the brothers. He should be able to allot her to the brothers by an argument de minore ad majus! If he may allot her to his son who may not take his place for ḥalîṣah and levirate, should it not be logical that he may allot her to his brother who may take his place for ḥalîṣah and levirate? The verse says, “if he allots her to his son.” He allots her [to his son] but may not allot her to the brothers. No. If you would accept the son since he will take [the father’s] place in a field of inheritance, what can you say about his brother who will not take his place in a field of inheritance? Would it be reasonable that he may allot her to him? The verse says, “if he allots her to his son.” He allots her to his son but may not allot her to the brothers.

“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.

“A male nine years and one day old makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest.” In the opinion of R. Joḥanan who will explain this for allotments it is understandable; since he acquires by allotment he makes a widow for the High Priest or a divorcee or one who performed ḥalîṣah for a common priest. In the opinion of Rebbi Simeon ben Laqish who must explain this for a marriage, she should also be free from levirate or ḥalîṣah, as we have stated: “If he married a woman, that one is free from levirate or ḥalîṣah.” Rebbi Abin said, following Rebbi Simeon ben Laqish it comes following Rebbi Yose ben Rebbi Jehudah, as it was stated so: If a male nine years and one day old up to twelve years and one day old grew two pubic hairs, they are warts. Rebbi Yose ben Rebbi Jehudah said, they are indicators [of puberty]. Rebbi Jacob ben Rebbi Abun in the name of Rebbi Yose ben Ḥanina: Only if they were still there at the time of indicators.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

It is written: “If a man takes a woman and her mother, it is taboo.” Everywhere is written “lying with” but here is written “taking”, to teach you that he cannot be guilty for the second [woman] unless the first one is prepared for him. Or maybe only by marriage? We already said that there is no incestuous marriage. But is it not written: “Nobody may marry his father’s wife, and he should not uncover his father’s garment’s corner”? This comes to tell you that she was permitted to him before his father married her. But is it not written: “If a man take his brother’s wife, it is despicable”? This comes to tell you that she was permitted to him before his brother married her. This is confirmed by levirate. But is it not written: “You should not take a woman in addition to her sister to make her a co-wife”? This comes to tell you that she was permitted to him before he married her sister. This is confirmed after her sister’s death. But is it not written: “A man who would take his sister, his father’s daughter or his mother’s daughter; he sees her genitals and she sees his genitals, it is ḥesed.” Rebbi Avin said, that you should not say that Kain married his sister, Abel married his sister, “it is charitable”, I was charitable with the first generations so the world could be inhabited; “I said, the world was built on ḥesed.” But is it not written: “Widow, divorcee, and desecrated, these he shall not take”? This comes to tell you that if he became betrothed to her that the betrothal is valid.

MISHNAH: The sons of a female convert who converted with her do neither perform ḥalîṣah nor levirate even if a first [son] was not conceived in holiness but born in holiness and a second [son] was conceived and born in holiness. The same applies to a slave girl who was freed together with her sons.

Rebbi Yasa went to Ḥomṣ. People came and asked him about the family of Ashtin who were converts, might they marry in levirate? He said to them, so says Rebbi Joḥanan: It is prohibited. They wanted to say, if a woman has children. But if the woman has no children, what can you say? He married his brother’s wife in levirate. If she is not his brother’s wife, should he not be considered as marrying a wife from outside? Rebbi Jacob bar Aḥa came in the name of Rebbi Isaac bar Naḥman: Even so it is forbidden, that people should not say, we saw the commandment of levirate among converts. When has this been said? When he lived with her after he converted. But if he did not live with her after he converted, everybody agrees that it is as if he married a woman from outside.

Rebbi Yasa went to Ḥomṣ. People came and asked him about the family of Ashtin who were converts, might they marry in levirate? He said to them, so says Rebbi Joḥanan: It is prohibited. They wanted to say, if a woman has children. But if the woman has no children, what can you say? He married his brother’s wife in levirate. If she is not his brother’s wife, should he not be considered as marrying a wife from outside? Rebbi Jacob bar Aḥa came in the name of Rebbi Isaac bar Naḥman: Even so it is forbidden, that people should not say, we saw the commandment of levirate among converts. When has this been said? When he lived with her after he converted. But if he did not live with her after he converted, everybody agrees that it is as if he married a woman from outside.

Rebbi Yasa went to Ḥomṣ. People came and asked him about the family of Ashtin who were converts, might they marry in levirate? He said to them, so says Rebbi Joḥanan: It is prohibited. They wanted to say, if a woman has children. But if the woman has no children, what can you say? He married his brother’s wife in levirate. If she is not his brother’s wife, should he not be considered as marrying a wife from outside? Rebbi Jacob bar Aḥa came in the name of Rebbi Isaac bar Naḥman: Even so it is forbidden, that people should not say, we saw the commandment of levirate among converts. When has this been said? When he lived with her after he converted. But if he did not live with her after he converted, everybody agrees that it is as if he married a woman from outside.

Rebbi Idi said before Rebbi Yose, a slave is permitted his sister. He said to him, did you hear this even if she is from the same mother? He said, yes. He said to him, but did we not state: “The same applies to a slave girl who was freed together with her sons.” For ḥalîṣah and levirate. Rebbi Phineas said before Rebbi Yose in the name of Rebbi Yasa: A slave who slept with his mother is obligated for a purification sacrifice. “You shall command them,” including slaves. Or should we say, this was said about fat? Do we find in his relation to his mother that her converted aspect accompanies the unconverted aspect just as with a slave girl her converted aspect accompanies the unconverted aspect?

MISHNAH: If the children of five women were mixed up, and the mixed-up became adults, married wives, and died, then four perform ḥalîṣah and one marries in levirate. This one and three others perform ḥalîṣah for another one and another one marries in levirate. It turns out that there are four ḥaliṣot and one levirate marriage for every one.

MISHNAH: If the children of five women were mixed up, and the mixed-up became adults, married wives, and died, then four perform ḥalîṣah and one marries in levirate. This one and three others perform ḥalîṣah for another one and another one marries in levirate. It turns out that there are four ḥaliṣot and one levirate marriage for every one.

MISHNAH: If the children of five women were mixed up, and the mixed-up became adults, married wives, and died, then four perform ḥalîṣah and one marries in levirate. This one and three others perform ḥalîṣah for another one and another one marries in levirate. It turns out that there are four ḥaliṣot and one levirate marriage for every one.

HALAKHAH: “If the children of five women were mixed up,” etc. Everywhere you say, there is no ḥalîṣah after ḥalîṣah, and here, you say so? There, it is was sure, here it is in doubt. Everywhere you say, if one does not say to him, take in levirate, one does not say, perform ḥalîṣah, and here, you say so? There, it is was sure, here it is doubtful.

MISHNAH: If a woman’s child was mixed up with her daughter-in-law’s child, the mixed-up children became adults, married wives, and died. The other sons of the daughter-in-law must perform ḥalîṣah but not levirate since for them it is doubtful whether [the widow was] a brother’s wife or an uncle’s wife. But the sons of the old woman may either perform ḥalîṣah or levirate since for them she was either a brother’s wife or a nephew’s wife. If one of the identified ones died, the mixed-up ones must perform ḥalîṣah but not levirate for a son of the old woman since there is a doubt whether [the widow was] a brother’s wife or an uncle’s wife. But for the sons of the daughter-in-law, one performs ḥalîṣah; the other may marry in levirate.

MISHNAH: If a woman’s child was mixed up with her daughter-in-law’s child, the mixed-up children became adults, married wives, and died. The other sons of the daughter-in-law must perform ḥalîṣah but not levirate since for them it is doubtful whether [the widow was] a brother’s wife or an uncle’s wife. But the sons of the old woman may either perform ḥalîṣah or levirate since for them she was either a brother’s wife or a nephew’s wife. If one of the identified ones died, the mixed-up ones must perform ḥalîṣah but not levirate for a son of the old woman since there is a doubt whether [the widow was] a brother’s wife or an uncle’s wife. But for the sons of the daughter-in-law, one performs ḥalîṣah; the other may marry in levirate.

MISHNAH: If a woman’s child was mixed up with her daughter-in-law’s child, the mixed-up children became adults, married wives, and died. The other sons of the daughter-in-law must perform ḥalîṣah but not levirate since for them it is doubtful whether [the widow was] a brother’s wife or an uncle’s wife. But the sons of the old woman may either perform ḥalîṣah or levirate since for them she was either a brother’s wife or a nephew’s wife. If one of the identified ones died, the mixed-up ones must perform ḥalîṣah but not levirate for a son of the old woman since there is a doubt whether [the widow was] a brother’s wife or an uncle’s wife. But for the sons of the daughter-in-law, one performs ḥalîṣah; the other may marry in levirate.

MISHNAH: If a woman’s child was mixed up with her daughter-in-law’s child, the mixed-up children became adults, married wives, and died. The other sons of the daughter-in-law must perform ḥalîṣah but not levirate since for them it is doubtful whether [the widow was] a brother’s wife or an uncle’s wife. But the sons of the old woman may either perform ḥalîṣah or levirate since for them she was either a brother’s wife or a nephew’s wife. If one of the identified ones died, the mixed-up ones must perform ḥalîṣah but not levirate for a son of the old woman since there is a doubt whether [the widow was] a brother’s wife or an uncle’s wife. But for the sons of the daughter-in-law, one performs ḥalîṣah; the other may marry in levirate.

MISHNAH: [A woman] did not wait three months after [the death of] her husband, married, and gave birth, and it is not known whether it is a nine months’ child of the first or a seven months’ child of the second. If she had sons from the first and the second, they perform ḥalîṣah but not levirate. Similarly, he performs ḥalîṣah but not levirate. If he had brothers from the first or from the second not from the same mother, he may perform ḥalîṣah or levirate and they may perform ḥalîṣah or levirate. If one was an Israel and the other a priest, he may marry a woman appropriate for the priesthood, may not defile himself for the dead, but if he became defiled he does not suffer forty lashes. He may not eat heave but if he ate, he does not have to pay its value and additional fifth. He cannot attend distributions on the threshing floor. He has to sell his heave but the money is his. He has no part in the Temple sacrifices, one does not give him sacrifices but one cannot take his from him. He is exempt from the foreleg, the chin, and the first stomach. His firstborn animal should graze until it develops a blemish. One charges him with the disabilities of an Israel and those of Cohanim. If both were Cohanim, he has to mourn intensely for them and they for him. He may not defile himself for them, they may not defile themselves for him. He does not inherit from them but they inherit from him. He is not prosecutable if he injures or curses either one of them. He may serve on the watch of either one but does not participate in distributions. If both were of the same watch, he takes one part.

MISHNAH: [A woman] did not wait three months after [the death of] her husband, married, and gave birth, and it is not known whether it is a nine months’ child of the first or a seven months’ child of the second. If she had sons from the first and the second, they perform ḥalîṣah but not levirate. Similarly, he performs ḥalîṣah but not levirate. If he had brothers from the first or from the second not from the same mother, he may perform ḥalîṣah or levirate and they may perform ḥalîṣah or levirate. If one was an Israel and the other a priest, he may marry a woman appropriate for the priesthood, may not defile himself for the dead, but if he became defiled he does not suffer forty lashes. He may not eat heave but if he ate, he does not have to pay its value and additional fifth. He cannot attend distributions on the threshing floor. He has to sell his heave but the money is his. He has no part in the Temple sacrifices, one does not give him sacrifices but one cannot take his from him. He is exempt from the foreleg, the chin, and the first stomach. His firstborn animal should graze until it develops a blemish. One charges him with the disabilities of an Israel and those of Cohanim. If both were Cohanim, he has to mourn intensely for them and they for him. He may not defile himself for them, they may not defile themselves for him. He does not inherit from them but they inherit from him. He is not prosecutable if he injures or curses either one of them. He may serve on the watch of either one but does not participate in distributions. If both were of the same watch, he takes one part.

MISHNAH: [A woman] did not wait three months after [the death of] her husband, married, and gave birth, and it is not known whether it is a nine months’ child of the first or a seven months’ child of the second. If she had sons from the first and the second, they perform ḥalîṣah but not levirate. Similarly, he performs ḥalîṣah but not levirate. If he had brothers from the first or from the second not from the same mother, he may perform ḥalîṣah or levirate and they may perform ḥalîṣah or levirate. If one was an Israel and the other a priest, he may marry a woman appropriate for the priesthood, may not defile himself for the dead, but if he became defiled he does not suffer forty lashes. He may not eat heave but if he ate, he does not have to pay its value and additional fifth. He cannot attend distributions on the threshing floor. He has to sell his heave but the money is his. He has no part in the Temple sacrifices, one does not give him sacrifices but one cannot take his from him. He is exempt from the foreleg, the chin, and the first stomach. His firstborn animal should graze until it develops a blemish. One charges him with the disabilities of an Israel and those of Cohanim. If both were Cohanim, he has to mourn intensely for them and they for him. He may not defile himself for them, they may not defile themselves for him. He does not inherit from them but they inherit from him. He is not prosecutable if he injures or curses either one of them. He may serve on the watch of either one but does not participate in distributions. If both were of the same watch, he takes one part.

MISHNAH: [A woman] did not wait three months after [the death of] her husband, married, and gave birth, and it is not known whether it is a nine months’ child of the first or a seven months’ child of the second. If she had sons from the first and the second, they perform ḥalîṣah but not levirate. Similarly, he performs ḥalîṣah but not levirate. If he had brothers from the first or from the second not from the same mother, he may perform ḥalîṣah or levirate and they may perform ḥalîṣah or levirate. If one was an Israel and the other a priest, he may marry a woman appropriate for the priesthood, may not defile himself for the dead, but if he became defiled he does not suffer forty lashes. He may not eat heave but if he ate, he does not have to pay its value and additional fifth. He cannot attend distributions on the threshing floor. He has to sell his heave but the money is his. He has no part in the Temple sacrifices, one does not give him sacrifices but one cannot take his from him. He is exempt from the foreleg, the chin, and the first stomach. His firstborn animal should graze until it develops a blemish. One charges him with the disabilities of an Israel and those of Cohanim. If both were Cohanim, he has to mourn intensely for them and they for him. He may not defile himself for them, they may not defile themselves for him. He does not inherit from them but they inherit from him. He is not prosecutable if he injures or curses either one of them. He may serve on the watch of either one but does not participate in distributions. If both were of the same watch, he takes one part.