mishnah

MISHNAH: And the following one writes on the holiday: Preliminary marriage documents of women, bills of divorce, and receipts, wills, gifts, prozbol, letters of estimation, and letters of provisions, documents of ḥaliṣah, and repudiation, and documents of selections, and court decisions, and private letters.

MISHNAH: One does not write debt documents on the holiday, but if he does not trust him or if he has nothing to eat, he shall write. One does not write Torah scrolls, tefillin and mezuzzot on the holiday; also one does not correct even a single letter in the Temple Courtyard Scroll. Rebbi Jehudah says, a person may write tefillin and mezuzzot for himself, and spin for himself the blue string for his ṣiṣit.

A man lost his tefillin on the holiday. He came to Rebbi Ḥananel who sent him to Rebbi Abba bar Nathan. He said to him, give him your tefillin and go, write for yourself. Rav said to him, go and write for him. The Mishnah disagrees with Rav: “a person may write tefillin and mezuzot for himself,” therefore not for others. He explains it: writing for supply.

“And spins on his hip the blue string for his ṣiṣit.” Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan: he spins even using a spindle. Rav said, he spins using a spindle both for himself or for others. The Mishnah disagrees with Rav: “and spins on his hip the blue string for his ṣiṣit;” therefore not for others. He explains it: spinning for supply.

MISHNAH: The decree of Seven is cancelled for him who buried his dead three days before the holiday. Eight days before the holiday, the decree of Thirty is cancelled for him, since they said, Sabbath is counted but does not interrupt, holidays interrupt but are not counted.

Something happened to Rebbi Immi and he shaved on the 30th day. Something happened [to one rabbi] and he shaved on the 31st day. Rebbi Zeriqan said, Rebbi Immi learned this from our Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31st day, for the second on the 61st day.” Rebbi Yose said, there after it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac from Aṭoshia, and some say, Rav Ḥiyya ben Rebbi Isaac from Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30th day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo, Rav Ḥuna said in the name of Rav: If his eighth day fell on the Sabbath, he shaves Friday. If you say that they did permit not in order to honor the holiday, then even if his 30th day falls on the Sabbath, he should shave Sabbath eve. In addition, from what was stated: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30th day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.

Something happened to Rebbi Immi and he shaved on the 30th day. Something happened [to one rabbi] and he shaved on the 31st day. Rebbi Zeriqan said, Rebbi Immi learned this from our Mishnah, as we have stated there: “If somebody vowed two neziriot, he shaves for the first on the 31st day, for the second on the 61st day.” Rebbi Yose said, there after it happened, here from the start. Rebbi Jeremiah instructed Rebbi Isaac from Aṭoshia, and some say, Rav Ḥiyya ben Rebbi Isaac from Aṭoshia, to shave on the 30th day, following the Mishnah: “Eight days, the decree of 30 days is waived for him.” The eighth has the same status as the 30th day. Rebbi Yose said, there is a difference; there they permitted in order to honor the holiday. You should know this, since Rebbi Ḥelbo, Rav Ḥuna said in the name of Rav: If his eighth day fell on the Sabbath, he shaves Friday. If you say that they did permit not in order to honor the holiday, then even if his 30th day falls on the Sabbath, he should shave Sabbath eve. In addition, from what was stated: “For all deceased he stitches together after seven days and mends after 30.” Why should he not stitch on the seventh day and mend on the 30th day? Rebbi Ḥaggai said, this has been transmitted in this way and that has been transmitted in that way.

If he said, I do not overturn my bed but I shall sleep on the footstool one does not listen to him. Because he said, I do not overturn my bed. But if he said, I am overturning my bed, one listens to him. The Mishnah does not say so but: “If one brings him the first meal, the people sit in a circle on the ground and he sits in their circle on a footstool.” The High Priest, therefore not a common priest. In public, therefore not in private. But one does not act on this.

MISHNAH: Rebbi Eliezer says, since the Temple was destroyed Pentecost is like Sabbath. Rabban Gamliel says, New Year’s Day and the Day of Atonement are like holidays. But the Sages are saying not like the words of either one but Pentecost is like holidays, New Year’s Day and the Day of Atonement are like Sabbath.

MISHNAH: Only the relatives of the deceased tear their clothes, or take them off, or are brought the first meal. One receives the first meal only on upright standing couches. Also one carries the first meal to the mourner’s house neither on a tablet, nor in a bowl, nor in a reed basket; only in sacks. On the holiday one does not recite the blessing of the mourners, but one stands in a row, consoles, and dismisses the public.

For his father, and for his mother, and for his teacher who taught him wisdom, from where? And Elisa saw, and he cried ‘my father, my father, chariot of Israel and its charioteers’. Rebbi Mattun asked before Rebbi Joḥanan: May one infer instruction from Elisa? He said to him Mattun, Mattun, just as a dead person from the moment he is deceased cannot see him, so also from the moment he disappeared he did not see him. In the same way one tears for the Sages so one tears for their students. Who is a student of the Sages? Ḥizqiah said, any who has studied practices up to the Torah. Rebbi Yose said to him, that you are saying for earlier ones. But today only practices. Rebbi Abbahu in the name of Rebbi Joḥanan: Any who neglects his business for his learning. It was stated: Any whom one asks and he answers. Rebbi Hoshaia said, for example, we, since our instructors supervise us and we answer them. Rebbi Abba bar Mamal said, any who can explain his Mishnah. But as relates to us, even our teachers are not wise to explain our Mishnah.

For his father, and for his mother, and for his teacher who taught him wisdom, from where? And Elisa saw, and he cried ‘my father, my father, chariot of Israel and its charioteers’. Rebbi Mattun asked before Rebbi Joḥanan: May one infer instruction from Elisa? He said to him Mattun, Mattun, just as a dead person from the moment he is deceased cannot see him, so also from the moment he disappeared he did not see him. In the same way one tears for the Sages so one tears for their students. Who is a student of the Sages? Ḥizqiah said, any who has studied practices up to the Torah. Rebbi Yose said to him, that you are saying for earlier ones. But today only practices. Rebbi Abbahu in the name of Rebbi Joḥanan: Any who neglects his business for his learning. It was stated: Any whom one asks and he answers. Rebbi Hoshaia said, for example, we, since our instructors supervise us and we answer them. Rebbi Abba bar Mamal said, any who can explain his Mishnah. But as relates to us, even our teachers are not wise to explain our Mishnah.

“Who is his teacher? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” What means, who explained a Mishnah to him? Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight.” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened.

“Who is his teacher? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” What means, who explained a Mishnah to him? Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight.” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened.

“Who is his teacher? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” What means, who explained a Mishnah to him? Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight.” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened.

“Who is his teacher? The one who taught him first, the words of Rebbi Meïr. Rebbi Jehudah said, the one from whom he received most of his instruction. Rebbi Yose said, anyone who explained a Mishnah to him.” What means, who explained a Mishnah to him? Rebbi Abbahu came in the name of Rebbi Joḥanan: Practice follows him who said, the one from whom he received most of his instruction. Why did he not explain that this follows Rebbi Jehudah? There are Tannaïm who state it switched. Rebbi Eleazar tore his garment for his first teacher. Samuel took off {his shoes} for one who had explained a Mishnah to him. What Mishnah did he explain to him? Rebbi Yose ben Rebbi Abun said, “There are two keys. For one he has to go down to his arm-pit and one opens straight.” What means “for one he has to go down to his arm-pit”? He had to lower his hand under his arm-pit until it could be opened.

MISHNAH: One does not put down the bier on the plaza, not to force a eulogy, nor that of women ever for reason of honor. Women on a holiday wail in chorus but do not clap hands. Rebbi Ismael says, those close to the bier clap hands.

MISHNAH: On New Moons, Ḥanukkah and Purim they wail in chorus and clap their hands, but in neither case they recite dirges. After the deceased was buried they neither wail in chorus nor clap their hands. What is wailing in chorus? They all recite together. A dirge, if one speaks and all repeat after her, as it is said, and teach your daughters wailing and a woman her friend dirge. But in the Future World what does it say? He swallowed up Death forever, and the Eternal, God, wiped tears from all faces, etc.

MISHNAH: Fifteen [categories of] women free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate forever. They are the following: one’s daughter, his daughter’s daughter and his son’s daughter, his wife’s daughter and her daughter‘s daughter and her son’s daughter, his mother-in-law and his mother-in-law’s mother and his father-in-law’s mother, his sister and his maternat aunt and his wife’s sister, his maternal halfbrother’s wife, the wife of his brother who did not live in his world, and his daughter-in-law.

Rebbi Yudan asked: Following him who says that everybody agrees about the co-wife that he is guilty, if somebody from the market gave qiddushin to one of them and then the levir came and performed ḥalîṣah with her or had intercourse with her, did the qiddushin become invalid? If he performed ḥalîṣah with her companion but then had intercourse with her, were qiddushin validated retroactively? 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”, 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! But there is one sister-in-law, here are two sisters-in-law. The prohibition of a single sister-in-law is different from that of two sisters-in-law!

“Together”, this excludes the wife of his brother who did not live in his world. Rebbi Abun bar Ḥiyya said, Rebbi Abba bar Mamal asked: The she-ram and the wife of his brother who did not live in his world were in the paragraph. Why do you see fit to say that the co-wife of the she-ram is permitted but the co-wife of the wife of his brother who did not live in his world is forbidden? He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children. Is it not enough that she cannot be eligible for the levirate but you also want to forbid her co-wife? But the wife of his brother who did not live in his world is under an incest prohibition and any incest prohibition frees the co-wife. Assi said, the co-wife of a she-ram is forbidden. The Mishnah disagrees with Assi: “All of these, if they died, or refused, or were divorced, or turned out to be she-rams, their co-wives are permitted.” Rebbi Abun bar Ḥiyya in the name of Rebbi Abba bar Mamal: Assi follows Rebbi Meїr since Rebbi Meїr said, in any case where you cannot take me in levirate you cannot take my co-wife.

MISHNAH: All these free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate forever. And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted. But you cannot say about his mother-in-law or his mother-in-law’s mother that they were found to be she-rams or that they had repudiated.

HALAKHAH: “All these free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate, etc.” Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother, 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, 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. But we hold in case she says “I cannot stand marriage”. Rebbi Joḥanan said, I can stand neither the marriage with your brother nor with you. 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 without having repudiated since there is a Mishnah: “If a woman could repudiate but did not do so, her co-wife performs ḥalîṣah but cannot be married in levirate.” So is the Mishnah: “If a woman could repudiate but did not dies, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Abba Mari said, you may even say if she still lives; explain it if her father is the only levir.

Rebbi Yudan, the father of Rebbi Mattaniah said: Explain it when they died without having repudiated since there is a Mishnah: “If a woman could repudiate but did not do so, her co-wife performs ḥalîṣah but cannot be married in levirate.” So is the Mishnah: “If a woman could repudiate but did not dies, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Abba Mari said, you may even say if she still lives; explain it if her father is the only levir.

MISHNAH: How do they free their co-wives? If a man’s daughter or one of the incest-prohibited women was married to his brother who has another wife and dies, just as his daughter is free so her co-wife is free. If his daughter’s co-wife went and was married to a second brother who then died, just as his daughter’s co-wife is freed, so the co-wife’s co-wife is freed; even if this is repeated a hundred times.

MISHNAH: How are their co-wives permitted if they die? If his daughter or one of the incest-prohibited women was married to his brother who has another wife, if his daughter died and then his brother died her co-wife is permitted. And if a woman could repudiate but did not do so, when she died her co-wife performs ḥalîṣah but cannot be married in levirate.

HALAKHAH: “How are their co-wives permitted if they die,” etc. That is the Mishnah: “If a woman could repudiate but did not do so, when she died her co-wife performs ḥalîṣah but cannot be married in levirate.”

MISHNAH: Six incest prohibitions are more stringent than these since they [concern women who] must be married to others, their co-wives are permitted: A man’s mother, his father’s wife, his father’s sister, his paternal sister, his paternal aunt, and his paternal brother’s wife.

Rebbi Ḥiyya stated: “A co-wife is only from a brother”. Rebbi Yose said, our Mishnah says the same: “Since they must be married to others, their co-wives are permitted.” Rebbi Jeremiah asked: Why can there not be a co-wife from the market place? Rebbi Yose said, did Rebbi Jeremiah not hear what Rebbi Ḥiyya said, did he not hear our Mishnah, “since they must be married to others, their co-wives are permitted”? He turned around and said, certainly did he hear. But he is a person who hears something and questions it.

Rebbi Ḥiyya stated: “A co-wife is only from a brother”. Rebbi Yose said, our Mishnah says the same: “Since they must be married to others, their co-wives are permitted.” Rebbi Jeremiah asked: Why can there not be a co-wife from the market place? Rebbi Yose said, did Rebbi Jeremiah not hear what Rebbi Ḥiyya said, did he not hear our Mishnah, “since they must be married to others, their co-wives are permitted”? He turned around and said, certainly did he hear. But he is a person who hears something and questions it.

MISHNAH: The House of Shammai permit the co-wives to the brothers, but the House of Hillel forbid. If they took ḥalîṣah, the House of Shammai disqualify them for the priesthood but the House of Hillel declare them qualified. If they entered levirate, the House of Shammai declare them qualified but the House of Hillel as disqualified. Even though these forbid and those permit, these declare disqualified and those qualified, the House of Shammai did not refrain from marrying women from the House of Hillel nor the House of Hillel from the House of Shammai. Regarding all purities and impurities which these were declaring as pure and those as impure, these did not refrain to process pure foods with the help of those.

Rav Naḥman bar Jacob said, one accepts proselytes from Kurds and Palmyrenians. Rebbi Abbahu in the name of Rebbi Joḥanan: A Mishnah said that the proselytes from Palmyra are acceptable. There, we have stated: “All stains coming from Petra are pure.” Therefore, the proselytes from Palmyra are acceptable.

MISHNAH: In which way “the wife of his brother who did not live in his world”? There were two brothers, one of them died, then a brother was born to them, and after that the second brother took his brother’s wife in levirate, and died. The first woman leaves as widow of his brother who did not live in his world and the second one because she is her co-wife. If he had “bespoken” her, the second performs ḥalîṣah but not levirate.

MISHNAH: There were two brothers, one of them died and the second took his brother’s widow in levirate; afterwards a brother was born to them, and he died. The first woman leaves as wife of his brother who did not live in his world and the second one as her co-wife. If [the second brother] had bespoken [the widow of the first] when he died, the second performs ḥalîṣah but cannot have levirate. Rebbi Simeon says, he may take in levirate any one he wants or performs ḥalîṣah with any one he wants.

MISHNAH: They formulated a principle about a sister-in-law: Any woman forbidden by an incest prohibition has neither ḥalîṣah nor levirate. If she is forbidden by a commandment prohibition or one of sanctity, she has ḥalîṣah but not levirate. Her sister who is also her sister-in-law has either ḥalîṣah or levirate.

MISHNAH: Commandment prohibition: Secondary prohibitions instituted by the Sopherim. Holiness prohibiton: A widow for the High Priest, a divorcee or one who had ḥalîṣah for a simple priest, a bastard or a Gibeoness to an Israel, a Jewish woman to a Gibeonite or a bastard.

MISHNAH: Any [male] who has a brother anywhere makes his brother’s wife a candidate for levirate and he is his brother in every respect, except if he were from a slave woman or a non-Jew.

MISHNAH: Any person who has a child anywhere frees [the child’s] father’s wife from levirate; [the child] would be guilty for wounding or cursing [the father]; he is his child in every respect except if he were from a slave woman or a non-Jew.

MISHNAH: If somebody gave qiddushin to one of two sisters but he does not know to which one of them, he gives a bill of divorce to each. If he died and has one brother, that one has to perform ḥalîṣah with both sisters. If he had two [brothers], one performs ḥalîṣah and one may marry in levirate. If both married without asking, one does not remove [the women] from them.

MISHNAH: If two [men] gave qiddushin to two sisters and neither of them knows to which one he gave his, each one of them gives two bills of divorce. If they died and each one had a brother, each [brother] performs ḥalîṣah with both [sisters]. If one had one [brother] but the other had two, the single one performs ḥalîṣah with both [sisters], but of the two brothers one performs ḥalîṣah and the other may marry in levirate. If both married without asking, one does not remove [the women] from them.

MISHNAH: If each [of the deceased] had two brothers, one brother of each [of the deceased] performs ḥalîṣah with one [of the sisters] and the other brother takes the other [sister] in levirate. If two [brothers] both performed ḥalîṣah, the other two should not [both] marry in levirate but one of them performs ḥalîṣah and the other one may take in levirate. If both married without asking, one does not remove [the women] from them.

MISHNAH: The obligation of levirate is on the oldest [brother] but if a younger one got the start on him, he acquired. If somebody is accused in matters of a slave woman and she was manumitted, or of a Gentile and she converted, he should not marry her but if he married her one does not remove her from him. If somebody is accused in matters of a married woman and she was forcibly divorced from [her husband], even if he married her he must divorce her.

MISHNAH: If somebody brings a bill of divorce from overseas and says “it was written and signed in my presence”, he shall not marry the wife. “He died”, “I killed him”, or “we killed him”, he shall not marry the wife. Rebbi Jehudah said, “I killed him”, the wife cannot be married, “we killed him”, the wife can be married.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

HALAKHAH: “If somebody brings a bill of divorce from overseas and says”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer from this ruling anything for another case. What means, one does not infer from this ruling anything for another case? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In qiddushin, the same holds. “ I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I gave her qiddushin,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry the wife.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Rebbi Joḥanan: “ This one says, I gave her qiddushin, and that one says, I gave her qiddushin. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betroth her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I gave her qiddushin, and that one says. I gave her qiddushin and one of them jumped the gun and married her. But if he said, I gave her qiddushin and married her, and another one comes and says, I gave her qiddushin, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I gave her qiddushin, he is not trusted in any way.

MISHNAH: A rabbi who forbade a woman to her husband because of a vow cannot marry her. If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court. And all who had wives who [subsequently] died may marry them. And to all who were married to others and were divorced or widowed, they can be married. All are permitted to their sons or brothers.

MISHNAH: There are four brothers, two of whom are married to two sisters. If those married to the sisters died, [the sisters] have ḥalîṣah but not levirate. If [the remaining brothers] jumped the gun and married, they must divorce them. Rebbi Eliezer said, the House of Shammai say, they shall keep them, but the House of Hillel say, they have to divorce.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “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? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “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.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “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? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “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.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “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? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “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.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “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? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “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.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “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? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “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.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

A Mishnah disagrees with Samuel: “If somebody performs ḥalîṣah with his sister-in-law, her relatives are forbidden to him and his relatives are forbidden to her.” There is a difference here, since he already is available to free himself from her. A Mishnah disagrees with Rav: “If somebody performs ḥalîṣah with his sister-in-law, then his brother marries her sister and dies, she performs ḥalîṣah but cannot have levirate.” This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “Three brothers, two of them are married to two sisters and the third is free. One of the sisters’ husbands died, the free [brother] “bespoke” her, then the second brother died. The House of Shammai say, his wife is with him and the other one should leave as the wife’s sister. The House of Hillel say, he divorces his wife with a bill of divorce (and ḥalîṣah), and his wife’s sister with ḥalîṣah. This supports him who says that ḥalîṣah is (acquisiton) [freeing]. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it, after her death. Is there no levirate after death? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “If a brother gives qiddushin to the sister of a woman waiting for the levir, they said in the name of Rebbi Jehudah ben Bathyra: One says to him, wait until your brother has acted. If one of the brothers performed ḥalîṣah or married her, he may marry his wife. If the sister-in-law died, he may marry his wife. If the levir died, he has to remove his wife by a bill of divorce and his brother’s widow by ḥalîṣah.”. This supports him who says that ḥalîṣah is freeing. But according to him who says, ḥalîṣah is acquisiton, is there anybody who wants to acquire two sisters together? Explain it following Rebbi Eleazar, since Rebbi Eleazar said, if the cause is removed the prohibition remains. A Mishnah disagrees with Rav: “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? Rebbi Ḥama, the colleague of the rabbis, objected: Does not a Mishnah disagree with Rav? “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.” There is a difference since the prohibition of a woman and her daughter applies both when she is alive as also after her death. These last two disagree with Rav and one cannot explain them away.

MISHNAH: 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. Both are forbidden to the second [brother]. In case of a commandment prohibition or a holiness prohibition, they have ḥalîṣah but not levirate. If one of [the sisters] was forbidden to that one [brother] by an incest prohition and the other [sister] was forbidden to the [other brother] by an incest prohition, the one who is forbidden for one might be permitted to the other and vice-versa. That is what they said, “Her sister who is her sister-in-law can have ḥalîṣah or 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.

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.

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

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.

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

MISHNAH: Three brothers, two of them 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, the wife of the secondbrother died and then the husband of the unrelated died. She is permanently forbidden to him since she was forbidden one moment.

MISHNAH: Of three brothers, two are married to two sisters and one to an unrelated woman. If one of the sisters’ husbands divorced his wife, when the one married to an unrelated woman died and the divorcer married her and then died, that is what they said: Of all of these, if they died, or repudiated, or were divorced, or turned out to be she-rams, the co-wives are permitted.

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.

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.

MISHNAH: Two brothers are married to two sisters. If one of them died and then the wife of the other died, she is eternally forbidden to him since she was forbidden one moment.

MISHNAH: If two men gave qiddushin to two women and when they entered the bridal chamber they switched each of them to the other, they are guilty of [adultery with] a married woman. If they were brothers, they also are guilty because of [the prohibition of] the brother’s wife. If they were sisters, they are guilty also because of [the prohibition of] “a woman in addition to her sister”. If they were menstruating, they are guilty also because of [the prohibition of] menstruating women. And all of these one separates for three months to see whether they are pregnant. If they were minors not able yet to have children one returns them at once. If they were from priestly families they are disabled for heave.

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

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

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

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

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

MISHNAH: If somebody marries his sister-in-law but she turned out to have been pregnant and gave birth. If the child is alive, [the levir] has to divorce her and they must bring a sacrifice. If the child is not alive, he may keep her. If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated to bring a reparation offering for an uncertain case.

Rav said, in any case where the true fact can never be established, one does not have to bring a reparation offering for the doubt. How is that? If there were before him two olive-sized pieces, one of suet and one of fat, he ate one of them, and then a raven ate the other. Since he cannot ascertain the true fact, one does not have to bring a reparation offering for this doubt. But if the raven ate first and then he ate, since he could have ascertained the true fact, one has to bring a reparation offering for the doubt. But did not Rav say, only if he made sure that it certainly was suet? Even though Rav said, only if he made sure that it certainly was suet, he agrees here that he could have ascertained the true fact. A baraita disagrees with Rav: “As Rebbi Eleazar says, one must bring a reparation offering for the doubt of suet.” What does Rav do with that? They disagree with the words of Rebbi Eleazar. A baraita disagrees with Rav: “If there were both a piece of profane [meat] and a piece of sacrificial [meat], he ate one of them and it is not known which one, he brings a reparation offering for the doubt. If he [then] ate the second piece, he brings a reparation offering for a certain transgression. If he ate the first piece and another person came and ate the second, each one brings a reparation offering for the doubt.” One understands that the first brings a reparation offering for the doubt. Why the second? Rebbi Yose said, explain it that the piece was large, he ate half of it and left the other half. A Mishnah disagrees with Rav: “If it is doubtful whether [the child is] a nine-month child of the first [brother] or a seven-month of the second, he has to divorce her, the child is legitimate, and they are obligated for a reparation offering for the doubt.” Here it is impossible to ascertain the true fact and they are obligated for a reparation offering for the doubt! Rebbi Yose said, Rebbi Ze‘ira explained it before Rebbi Ḥiyya bar Abba; Rebbi Ḥizqiah, Rebbi Ḥiyya bar Abba: Rebbi Ze‘ira explained it before us. Since he could just have touched her and then separated, he could have known whether it is his or the other’s, it is as if he could have ascertained the true fact!

MISHNAH: If property came to a woman waiting for her levir, the House of Shammai agree with the House of Hillel that she may sell or give away and it is valid. If she dies, what does one do with her ketubah and property that enters and leaves with her? The House of Shammai say, the husband’s heirs should split with her father’s heirs. But the House of Hillel say that all property remains where it is; the ketubah in the hands of the husband’s heirs and property that enters and leaves with her in the hands of her father’s heirs.

MISHNAH: If he married her, she is his wife in every respect except that her ketubah is a lien on the property of her first husband.

HALAKHAH: “If he married her, she is his wife in every respect”, etc. What does he do? “He marries her, he may divorce her and take her back, and she writes him a receipt for her ketubah.” Rebbi Yose said, the baraita has two possibilities. “Or she writes him a receipt for her ketubah.” Rebbi Ze‘ira in the name of Rav Hamnuna: If he married her, divorced her, and took her back, if he wrote her a new ketubah, the lien is on his property; otherwise, it is on the property of her first husband. Rebbi Yose said in the name of Rav Ḥisda, a Mishnah said so: “For he who takes back his wife, takes her back under the terms of her first ketubah.” At the end, if he married her, divorced her, and took her back? He tells you something new. Even if he married her, divorced her, and took her back, if he wrote her a new ketubah, the lien is on his property; otherwise, it is on the property of her first husband.

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

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

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

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

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

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

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

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

Rebbi Meїr is suspicious about bills of divorce. Rebbi Jehudah is suspicious about a child. Rebbi Yose is suspicious about bills of divorce and a child. Could you say that Rebbi Meїr is not suspicious about bills of divorce, as we have stated: “Those that had received qiddushin can be married.” Rebbi Ze‘ira in the name of Rebbi Gedula: The one who repudiates does not have to wait three months; the one who leaves by a bill of divorce needs to wait three months. This supports Rebbi Me‘ir since Rebbi Meїr is suspicious about bills of divorce. Rebbi Abba in the name of Rebbi Abba bar Jeremiah: A woman who has been raped does not have to wait three months. This supports Rebbi Yose, since Rebbi Yose is suspicious about bills of divorce and a child. It was stated: The proselyte, the captive, and the slave woman who were redeemed, or converted, or freed, have to wait three months, the words of Rebbi Judah. Rebbi Yose says, they do not have to wait. Their blood, Rebbi Jehudah says, makes impure 24 hours retroactively; Rebbi Yose says, from its moment onwards. Rebbi said, the words of Rebbi Judah are reasonable for the blood, and the words of Rebbi Yose for the child. Rebbi Ḥanina ben Rebbi Abbahu said, my father had a case and he asked Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi, and they instructed him following Rebbi Yose for the child. For if it were not so, what could we say? Between Rebbi Jehudah and Rebbi Yose, practice does not follow Rebbi Yose? But because Rebbi said, “they are reasonable”. Did not Rebbi Abba say in the name of Rebbi Ze‘ira, every time Rebbi taught “they are reasonable”, the disagreement is unresolved except in the case of the fig cake where each party to the controversy accepts the opposition’s argument. Rebbi Yose said, I stated a difficulty before Rebbi Ḥanina ben Rebbi Abbahu: Even if it is certain that they had sex? He said to him, is a normal Gentile not like one who had sex? Simeon bar Abba said, there came a case before Rebbi Joḥanan and he instructed following Rebbi Yose. Rebbi Eleazar was sorry about this; he said, one disregards the anonymous [Mishnah] and follows an isolated opinion! He found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He understood that following Rebbi Simeon, he found that Rebbi Ḥiyya stated it in the name of Rebbi Meїr. He said, the old man certainly understands the chapters about bills of divorce.

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

Rebbi Mana asked before Rebbi Yudan: There Rebbi Ḥizqiah, Rebbi Abbahu, said in the name of Rebbi Eleazar: Every place where Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous Mishnah. And here, you say so? He said to him, if not Rebbi, maybe somebody else said it? Since when Rebbi taught a disagreement and afterwards taught it anonymously, practice follows the anonymous [text]. It must be that Rebbi did not find a disagreement in the Mishnah; but if others taught it in disagreement and Rebbi taught it anonymously, certainly practice follows the anonymous [text]. There come Rebbi Ḥizqiah, Rebbi Jacob bar Abba and Rebbi Simeon bar Abba, in the name of Rebbi Eleazar: Even if others taught a disagreement but Rebbi taught it anonymously, practice follows the anonymous [text]. Why does he agree here with a dissenting opinion? Rebbi Samuel ben Inaya in the name of Rebbi Aḥa. That means, if no diagreement is stated together with the anonymous [text], but if a disagreement is stated together with the anonymous [text], practice does not follow the anonymous [opinion]. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa. That is, if individual disagrees with individual. But if an individual disagrees next to the [anonymous] Sages, practice does not follow the anonymous [text].

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

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

MISHNAH: And what is a bastard? Any [child of a] blood-relation to whom he is forbidden to come, the words of Rebbi Aqiba. Simeon from Timna says, any [child of a relation] for which one is subject to extirpation by heaven’s action, and practice follows him. Rebbi Joshua said, any [child of a relation] which is a capital crime.

MISHNAH: Rebbi Simeon ben Azai said, I found a genealogical list in Jerusalem and it was written in it: The man X is a bastard from a married woman, to support the words of Rebbi Joshua.

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

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

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

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

MISHNAH: If he performed ḥalîṣah, “bespoke” her, gave a bill of divorce, and cohabited, or cohabited, “bespoke”, gave a bill of divorce, and performed ḥalîṣah, nothing is valid after ḥalîṣah. There is no difference between one sister-in-law or two sisters-in-law.

MISHNAH: How? If he “bespoke” both of them, they need two bills of divorce and a ḥalîṣah . If he “bespoke” one and copulated with the other, they need two bills of divorce and a ḥalîṣah. If he “bespoke” one and gave a bill of divorce to the other, [the first one] needs a bill of divorce and ḥalîṣah. If he “bespoke” one and performed ḥalîṣah with the other, the first one needs a bill of divorce.

MISHNAH: If there are bills of divorce for both of them, they need a ḥalîṣah. If there is a bill of divorce to one and he copulated with the other, [the latter] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and “bespoke” the other, [the second one] needs a bill of divorce and ḥalîṣah. If he gave a bill of divorce to one and performed ḥalîṣah with the other, nothing follows after ḥalîṣah.

MISHNAH: If he performed ḥaliṣah with both of them, performed ḥaliṣah and “bespoke”, gave a divorce document and copulated, or copulated with both of them, or copulated and “bespoke”, gave a divorce document and performed ḥaliṣah, nothing comes after ḥalîṣah, whether there are two sisters-in-law and one levir or two levirs with one sister-in-law.