qiddushin

There (Mishnah Qiddushin 1:7) we have stated: “Every positive commandment that is activated by time, men are obliged by it but women are exempt. Every positive commandment that is not activated by time, both men and women are obliged by it.” (Tosephta Qiddushin 1:10): “What is a positive commandment that is activated by time? For example sukkah, lulab, shofar, and tefillin. What is a positive commandment that is not activated by time? For example lost articles, sending away the nest, railing, and ẓiẓit. Rebbi Simeon exempts women from ẓiẓit because it is a positive commandment activated by time.” Because a nightgown is exempt from ẓiẓit. Rebbi Lia said: The reason of the rebbbis is that, if a garment is designated both for daytime and for night, it needs ẓiẓit.

There (Mishnah Qiddushin 1:7) we have stated: “Every positive commandment that is activated by time, men are obliged by it but women are exempt. Every positive commandment that is not activated by time, both men and women are obliged by it.” (Tosephta Qiddushin 1:10): “What is a positive commandment that is activated by time? For example sukkah, lulab, shofar, and tefillin. What is a positive commandment that is not activated by time? For example lost articles, sending away the nest, railing, and ẓiẓit. Rebbi Simeon exempts women from ẓiẓit because it is a positive commandment activated by time.” Because a nightgown is exempt from ẓiẓit. Rebbi Lia said: The reason of the rebbbis is that, if a garment is designated both for daytime and for night, it needs ẓiẓit.

Rebbi Bun bar Ḥiyya asked before Rebbi Ze‘ira: Does a widow need ḥalîṣah? He said to him, is it possible to say that her qiddushin are legally recognized and you say she may not need ḥalîṣah? He answered him: But qiddushin of a she-ram are legally recognized and one says that she does not need ḥalîṣah! He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children.

Rebbi Bun bar Ḥiyya asked before Rebbi Ze‘ira: Does a widow need ḥalîṣah? He said to him, is it possible to say that her qiddushin are legally recognized and you say she may not need ḥalîṣah? He answered him: But qiddushin of a she-ram are legally recognized and one says that she does not need ḥalîṣah! He said to him, the she-ram was removed because of another reason: “she will bear”, this excludes the one who cannot have children.

Levi bar Sisi asked before Rebbi: Should we not state “sixteen women”? One’s mother who was raped by his father married to his paternal halfbrother. He said to him, it is evident that this person has no brain in his head. And why? He said to him, because of Rebbi Jehudah, because Rebbi Jehudah forbids the one who was raped or seduced by his father. Does Rebbi Jehudah not agree that if [the halfbrother] gave her qiddushin, the preliminary marriage is legally recognized? But because we have stated: “Six incest prohibitions more severe than these; because they are married to others their co-wives are free.” And Rebbi Ḥiyya stated thereupon: “If they may marry his brother without sin their co-wives are freed from ḥalîṣah and levirate.” And among all of them there is only his mother who was raped by his father married to his paternal halfbrother. Why did we not state this? Because Rebbi Ḥiyya stated it, should we not state it? Certainly we should state it! But because we have stated: “Her sister who also is her sister-in-law either takes ḥalîṣah or accepts the levirate.” We find in all cases that her sister who also is her sister-in-law accepts the levirate except for his mother who was raped by his father married to his paternal halfbrother.

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!

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!

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!

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!

Rebbi Jonah said, only after qiddushin. Rebbi Yose said, even after final marriage. In the second repetition, Rebbi Yose changed his mind. Rebbi Phineas said to him, did the Rabbi not teach us “after final marriage”? He answered him, is that fixed in you like a nail?

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

When was it? She became pregnant and gave birth before she grew two hairs. Could she have lived? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rebbi Hila: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Rebbi Ismael follows RebbiJehudah, until the black covers most [and] Rebbi Simeon, that intercourse occurred with the idea of the prior qiddushin. Following the opinions of Rebbi Meїr and Rebbi Jehudah who say that her status depends on the signs of development, it fits. Following the opinion of Rebbi Simeon who says, if he adds another act of acquisition, then even if she is an adult! Rebbi Isaac said, that is so. Only that the daughters of Israel should not be unbridled in breaking tabus.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and one who gives qiddushin in the value of a peruṭa, i. e., he who divorces his wife and spends the night with her in a hostelry, and that a woman receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second for a denar, in the opinion of the House of Shammai she is betrothed to the second and the child of the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and the child of the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Hila in the name of Rebbi Joḥanan: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai says unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said both acted according to valid practice; the other said, each party followed its own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and one who gives qiddushin in the value of a peruṭa, i. e., he who divorces his wife and spends the night with her in a hostelry, and that a woman receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second for a denar, in the opinion of the House of Shammai she is betrothed to the second and the child of the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and the child of the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Hila in the name of Rebbi Joḥanan: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai says unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said both acted according to valid practice; the other said, each party followed its own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and one who gives qiddushin in the value of a peruṭa, i. e., he who divorces his wife and spends the night with her in a hostelry, and that a woman receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second for a denar, in the opinion of the House of Shammai she is betrothed to the second and the child of the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and the child of the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Hila in the name of Rebbi Joḥanan: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai says unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel, one said both acted according to valid practice; the other said, each party followed its own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as wife for himself”, the same expression is used as for qiddushin of a woman. Just as qiddushin acquire completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”

Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as wife for himself”, the same expression is used as for qiddushin of a woman. Just as qiddushin acquire completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”

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.

HALAKHAH: “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.” Everywhere else you say “there cannot be ḥalîṣah after ḥalîṣah” but here you say so? There if it is certain, here one is in doubt. “If he had two [brothers], one performs ḥalîṣah and one may marry in levirate.” Everywhere else you say, in any case one asks him to perform the levirate one does not say perform ḥalîṣah; but here you say so? There if it is certain, here one is in doubt. “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.

HALAKHAH: “If two [men] gave qiddushin to two sisters,” etc. It was stated: These rules apply both for Israel and for Cohanim. That is, if ḥalîṣah was performed first and the levirate afterwards. But to perform levirate first is forbidden; maybe his brother will die and it will turn out that he cohabited with the sister of his sister-in-law. Rav Ḥisda said, that means that having relations with the sister of his sister-in-law does not make her unfit for [marriage into] priesthood. Rebbi Yose bar Abba said, Rebbi Ḥiyya stated: He who cohabited with the sister of a woman for whom he had performed ḥalîṣah did not make her unfit for [marriage into] priesthood.

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.

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.

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.

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.

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.

There, we have stated: “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 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 send away his wife by a bill of divorce and his brother’s widow by ḥalîṣah.” It says only: If the sister-in-law died, his wife is permitted to him. But if his wife died, his sister-in-law is forbidden to him. Rebbi Joḥanan said, these are the words of Rebbi Eliezer. But the Sages say, if his sister-in-law died, his wife is permitted to him, if his wife died, his sister-in-law is permitted to him. Rebbi Joḥanan said, the Sages hold that for anything induced by a cause, if the cause is removed the prohibition is removed. But for Rebbi Eliezer, if the cause is removed the prohibition remains.

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.

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.

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.

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.

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: 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: 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: 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.

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.

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: 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 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.

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: 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: 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: 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.

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.

Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as wife for himself”, the same expression is used as for qiddushin of a woman. Just as qiddushin acquire completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”

Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as wife for himself”, the same expression is used as for qiddushin of a woman. Just as qiddushin acquire completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”

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.

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.

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

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

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

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

Rebbi Abba bar Mamal said, this means that there is an obligation first to give qiddushin and only after that to cohabit. Since here, where qiddushin are not written, you say “that is as it is commanded”, for a wife, where it is written, not so much more!

Rebbi Abba bar Mamal said, this means that there is an obligation first to give qiddushin and only after that to cohabit. Since here, where qiddushin are not written, you say “that is as it is commanded”, for a wife, where it is written, not so much more!

That means that invalid intercourse does not free. Come and see, invalid ḥalîṣah frees but invalid intercourse does not free! Since the purpose of ḥalîṣah is invalidation, it frees. Intercourse, whose purpose is not invalidation, does not free. It should not free for leniency but might free for restriction. In which respect? If somebody came and gave qiddushin to the co-wife, these should lay hold on her. Rebbi Yudan said, I explained it. Any sister-in-law who is not totally outside remains inside until she leaves for the outside.

“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.

“If he gave a bill of divorce, and ḥalîṣah, nothing is valid after ḥalîṣah,” etc. Did we not state already “there is nothing after ḥalîṣah”? Because we stated after that, “whether there is one sister-in-law or two sisters-in-law”. If somebody gave qiddushin to the one with whom he performed ḥalîṣah, would they not lay hold on her? Explain it either following Rebbi if he did not intend it or according to everybody if he intended to acquire as “bespeaking” of a sister-in-law but she was not his sister-in-law. Rebbi Abba said, this was stated: “ ‘Bespeaking’ acquires whether intentional or not intentional, the words of Rebbi. But the Sages say, it acquires only with intention. Rebbi agrees that qiddushin acquire only with intention.” What is Rebbi’s reason? Intercourse acquires, “bespeaking” acquires. Just as intercourse acquires whether intentional or not intentional, so “bespeaking” acquires whether intentional or not intentional. And just as Rebbi says, “bespeaking” acquires whether intentional or not intentional, so he says the bill of divorce frees whether intentional or not intentional. And why does Rebbi say that “bespeaking” acquires whether intentional or not intentional? Since intercourse of an adult acquires whether intentional or not intentional. Even if the bill of divorce would free even if not intentional, ḥalîṣah can free only if it is intentional.

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.

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 he gave qiddushin and afterwards was elected High Priest, he shall marry her.” Similarly, If he gave qiddushin to a minor and afterwards was elected High Priest, shall he marry her? I am reading for her “a woman”, not a minor.

“If he gave qiddushin and afterwards was elected High Priest, he shall marry her.” Similarly, If he gave qiddushin to a minor and afterwards was elected High Priest, shall he marry her? I am reading for her “a woman”, not a minor.

They objected to Rebbi Jehudah: Think of it, if she was sterile and could not give birth. Think of it, if she was old. Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry. Rebbi Abba bar Mamal said, that implies that the High Priest who performed qiddushin by copulation is not having intercourse with a deflowered one.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

HALAKHAH: “A slave disables because of intercourse,” etc. From where that the intercourse with a slave disables? Rebbi Joḥanan said in the name of Rebbi Ismael: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Jeremiah objected: But if a widow whored she has no widowhood or divorce and she returns! Rebbi Yose did not say so, but [he held] that the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says it in his own name but there he says it in the name of Rebbi Ismael! For also according to the words of the Sages the child is a bastard. Rebbi Ḥizqiah did not say so, but: the argument of Rebbi Joḥanan is reversed. In Giṭṭin he says, why are Samaritans disqualified? Rebbi Joḥanan in the name of Rebbi Ismael: Because if a Gentile or slave has intercourse with a Jewish woman, the child is a bastard. In Qiddushin one says, Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, the child is a bastard. Here he says, from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. Rebbi Mattaniah said, I went to Seḥora and heard: Rebbi Joḥanan and Rebbi Ismael the sons of Jesua: “If a Cohen’s daughter becomes a widow or a divorcee without issue,” from [a man] with whom she has widowhood or divorce she returns, from [a man] with whom she has no relation of widowhood or divorce she does not return. And I said, that is correct, there is no bastard, following Rebbi Joshua, for a bastard is only from a woman which is for him under an incest prohibition and for whom one is punished by divine extirpation.

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

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and someone who gives qiddushin in the value of a peruṭa, and someone who divorces his wife and spends the night with her in a hostelry, and a woman who receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second [gives her afterwards)] for a denar, in the opinion of the House of Shammai she is betrothed to the second and her child by the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and her child by the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Joḥanan in the name of Rebbi Yannai: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai say unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagreed. One said both acted according to valid practice; the other said, each party followed their own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and someone who gives qiddushin in the value of a peruṭa, and someone who divorces his wife and spends the night with her in a hostelry, and a woman who receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second [gives her afterwards)] for a denar, in the opinion of the House of Shammai she is betrothed to the second and her child by the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and her child by the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Joḥanan in the name of Rebbi Yannai: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai say unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagreed. One said both acted according to valid practice; the other said, each party followed their own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

“Even though the House of Shammai and the House of Hillel disagreed about co-wives, and sisters, and an old bill of divorce, and a woman doubtfully married, and someone who gives qiddushin in the value of a peruṭa, and someone who divorces his wife and spends the night with her in a hostelry, and a woman who receives qiddushin for at least a denar or the value of a denar, the House of Shammai did not refrain from marrying women from the House of Hillel or the House of Hillel from the House of Shammai but they behave truthfully and in peace, as it is said: ‘Love truth and peace.’ ” Bastardy is between them and you say so? How is that? If a first man gives her qiddushin for a peruṭa and a second [gives her afterwards)] for a denar, in the opinion of the House of Shammai she is betrothed to the second and her child by the first is a bastard. In the opinion of the House of Hillel she is betrothed to the first and her child by the second is a bastard. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: The House of Shammai concede to the House of Hillel as a restriction. In that case, the House of Shammai should marry women from the House of Hillel since they concede to them. But the House of Hillel should not marry women from the House of Shammai since they do not concede to them. Rebbi Joḥanan in the name of Rebbi Yannai: They all followed the same practice. If they followed the same practice, in this case we stated: “The House of Shammai sent and diminished it, since the House of Shammai say unless most of it is missing?” Rebbi Yose ben Rebbi Abun said, the House of Shammai acted before the question came before the House of Hillel. After a question came before the House of Hillel, the House of Shammai were not touching it. Rebbi Abba Mari said, that is correct. Did we not state: “They declared impure all purities from before”, but not in the future. Rebbi Yose ben Rebbi Abun said, Rav and Samuel disagreed. One said both acted according to valid practice; the other said, each party followed their own practice. Bastardy is between them and you say so? The Omnipresent watched and no case ever happened.

Rebbi Yannai said: 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 an outsider. 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, that I can answer those who insult me”, “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!

HALAKHAH: “If one says, I preliminarily married off my daughter”, 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 anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? 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 preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” 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 that woman.” 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 Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. 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 betrothe 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 married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.