yevamah

A yavam performs halitzah for his yevamah, and she is subsequently found to be pregnant and she gives birth: If the child is viable, he is permitted to marry her relatives and she is permitted to marry his relatives, and he does not disqualify her from marrying a priest. If the child is not viable, he is forbidden to marry her relatives and she is forbidden to marry his relatives, and he disqualifies her from marrying a priest.

A yavam marries his yevamah and she is subsequently found to be pregnant, and she gives birth: If the child is viable, he must divorce her and both are obligated to bring a sacrifice; If the child is not viable, he may retain her [as a wife]. If it is doubtful whether it is a nine-months child of the first [husband] or a seven-months child of the second [husband] he must divorce her, and the child is legitimate, and they must bring an asham talui.

He who performs halitzah with his yevamah, behold he is regarded as one of the other brothers in respect of inheritance. If the father was living, the estate belongs to the father. He who marries his yevamah acquires his brother’s estate. R. Judah said: in either case, if the father was living the estate belongs to the father. He who performs halitzah with his yevamah, he is forbidden to marry her relatives and she is forbidden to marry his relatives: He is forbidden to marry her mother, her mother’s mother and her father’s mother; her daughter, her daughter’s daughter and her son’s daughter; and also her sister while she is alive. The other brothers are permitted. She is forbidden to marry his father and his father’s father; his son and his son’s son; his brother and his brother’s son. A man is permitted to marry the relative of the rival of his halutzah but is forbidden to marry the rival of the relative of his halutzah.

He who performs halitzah with his yevamah, behold he is regarded as one of the other brothers in respect of inheritance. If the father was living, the estate belongs to the father. He who marries his yevamah acquires his brother’s estate. R. Judah said: in either case, if the father was living the estate belongs to the father. He who performs halitzah with his yevamah, he is forbidden to marry her relatives and she is forbidden to marry his relatives: He is forbidden to marry her mother, her mother’s mother and her father’s mother; her daughter, her daughter’s daughter and her son’s daughter; and also her sister while she is alive. The other brothers are permitted. She is forbidden to marry his father and his father’s father; his son and his son’s son; his brother and his brother’s son. A man is permitted to marry the relative of the rival of his halutzah but is forbidden to marry the rival of the relative of his halutzah.

He who performs halitzah with his yevamah, behold he is regarded as one of the other brothers in respect of inheritance. If the father was living, the estate belongs to the father. He who marries his yevamah acquires his brother’s estate. R. Judah said: in either case, if the father was living the estate belongs to the father. He who performs halitzah with his yevamah, he is forbidden to marry her relatives and she is forbidden to marry his relatives: He is forbidden to marry her mother, her mother’s mother and her father’s mother; her daughter, her daughter’s daughter and her son’s daughter; and also her sister while she is alive. The other brothers are permitted. She is forbidden to marry his father and his father’s father; his son and his son’s son; his brother and his brother’s son. A man is permitted to marry the relative of the rival of his halutzah but is forbidden to marry the rival of the relative of his halutzah.

If he performed halitzah for his yevamah, and his brother married her sister and died, she must perform halitzah but may not be taken in yibbum. Similarly if a man divorces his wife and his brother marries her sister and dies behold she is exempt from halitzah and from yibbum.

If the brother of the yavam had betrothed the sister of the shomeret yavam, in the name of Rabbi Judah ben Batera they said: they say to him “Wait until your older brother has done something”. If his brother performed halitzah for her or married her, he may marry his [betrothed] wife. If the yevamah died he may marry his [betrothed] wife. If the yavam died, he must divorce his wife with a get and [release] his brother’s wife by halitzah.

The yevamah shall neither perform halitzah nor be taken in yibbum before three months have passed [since her husband’s death]. Similarly all other women shall be neither be betrothed nor married before three months have passed. Whether they were virgins or non-virgins, whether divorcees or widows, whether married or betrothed. Rabbi Judah said: those who were married may be betrothed [immediately], and those who were betrothed may be married [immediately], with the exception of the betrothed women in Judea, because there the bridegroom was intimate with [his bride]. Rabbi Yose said: all [married] women may be betrothed [immediately] with the exception of the widow because of her mourning.

How [is the release from yibbum effected]? If he performed ma'amar for his yevamah and gave her a get, she requires halitzah. If he performed ma'amar and and did halizah, she requires a get. If he performed ma’amar and then had intercourse with her, behold this is in accordance with the commandment.

If the yavam gave her a get and then ma’amar, she needs [another] get and halitzah. If he gave her a get and then had intercourse with her, she needs [another] get and halitzah. If he gave her a get and then did halitzah, there is nothing after halitzah. If the yavam did halitzah and then he did ma’amar or gave her a get, or had intercourse with her; Or if he had intercourse with her and then did ma’amar, or gave her a get, or did halitzah, there is nothing after halitzah. [And the law is the same] whether there is one yevamah to one yavam or two yevamoth to one yavam.

If he performed halitzah [for one] and then performed halitzah [for the other], Or performed halitzah [for one] and did ma'amar [with the other], or gave her get, or had intercourse with her; Or if he had intercourse [with one] and then with the other, Or had intercourse [with one] and then ma'amar with the other, or gave her a get, or performed halitzah there is nothing after halitzah. [There is no difference in the law] whether there was one yavam to two yevamoth or two yavamim to yevamah.

One who has intercourse with his yevamah, whether in error or with presumption, whether under compulsion or of his own free will, even if he acted in error and she in presumption, or he in presumption and she in error, or he under compulsion and she not under compulsion, or she under compulsion and he not under compulsion, whether he only began to have intercourse or he completed having intercourse, he has acquired her as a wife. The laws do not make a distinction between different types of intercourse.

The eunuch neither performs halitzah nor contracts yibbum. So too a woman who is incapable of procreation neither performs halizah nor is taken in yibbum. If a eunuch performed halitzah for his yevamah, he does not disqualify her [from subsequently marrying a priest]. If he has intercourse with her he disqualifies her, since this is an act of fornication. Similarly where brothers performed halitzah for a woman incapable of procreation, they do not disqualify her [from marrying a priest]. If they have intercourse with her they do disqualify her, since this is an act of fornication.

If a boy of the age of nine years and one day had intercourse with his yevamah and then his brother who was of the age of nine years and one day had intercourse with her, [the latter] disqualifies her for [the former]. Rabbi Shimon says: he does not render her unfit.

If a boy of the age of nine years and one day had intercourse with his yevamah and afterwards had intercourse with her rival wife, he has disqualified [both women for marriage] with himself. Rabbi Shimon says: he does not disqualify them. If a boy of the age of nine years and one day had intercourse with his yevamah and then died, she must undergo halitzah but may not be taken in yibbum. If he had married [any other] woman and she subsequently died, she is exempt [from both halitzah and yibbum].

If a boy of the age of nine years and one day had intercourse with his yevamah and afterwards had intercourse with her rival wife, he has disqualified [both women for marriage] with himself. Rabbi Shimon says: he does not disqualify them. If a boy of the age of nine years and one day had intercourse with his yevamah and then died, she must undergo halitzah but may not be taken in yibbum. If he had married [any other] woman and she subsequently died, she is exempt [from both halitzah and yibbum].

If a deaf yavam submitted to halitzah or if a deaf yevamah performed halitzah, or if a halitzah was performed on a minor, the halizah is invalid. If a minor yevamah performed halitzah she must again perform halitzah when she becomes of age; if she does not again perform it, the halitzah is invalid.

If a deaf yavam submitted to halitzah or if a deaf yevamah performed halitzah, or if a halitzah was performed on a minor, the halizah is invalid. If a minor yevamah performed halitzah she must again perform halitzah when she becomes of age; if she does not again perform it, the halitzah is invalid.

If a yavam who was a minor had intercourse with a yevamah who was a minor, they should be brought up together. If he had intercourse with a yevamah who was of age, she should bring him up until he is of age. If a yevamah declared within thirty days [after yibbum], “he has not had intercourse with me”, they force him to perform halitzah; [If her declaration was made] after thirty days, they request that he perform halitzah. If he admits [that he did not have intercourse with her], they force him to perform halitzah.

If a yavam who was a minor had intercourse with a yevamah who was a minor, they should be brought up together. If he had intercourse with a yevamah who was of age, she should bring him up until he is of age. If a yevamah declared within thirty days [after yibbum], “he has not had intercourse with me”, they force him to perform halitzah; [If her declaration was made] after thirty days, they request that he perform halitzah. If he admits [that he did not have intercourse with her], they force him to perform halitzah.

If a yavam who was a minor had intercourse with a yevamah who was a minor, they should be brought up together. If he had intercourse with a yevamah who was of age, she should bring him up until he is of age. If a yevamah declared within thirty days [after yibbum], “he has not had intercourse with me”, they force him to perform halitzah; [If her declaration was made] after thirty days, they request that he perform halitzah. If he admits [that he did not have intercourse with her], they force him to perform halitzah.

If a woman waits for a yavam, whether for one or for two [yevamim]: Rabbi Eliezer says: he can annul [her vows]. Rabbi Joshua says: [only if she waits] for one, but not for two. Rabbi Akiva says: neither for one nor for two. Rabbi Eliezer said: if a man can annul the vows of a woman whom he himself acquired, isn’t it logical that can he annul those of a woman bequeathed to him by Heaven! Rabbi Akiva said to him: No! If you speak of a woman whom he himself acquires, that is because others have no rights in her; will you say [the same] of a woman given to him by Heaven, in whom others too have rights! Rabbi Joshua said to him: Akiva, your words apply to two yevamim; but what will you answer if there is only one yavam? He (Rabbi Akiva) said to him (Rabbi Joshua): the yevamah is not as completely acquired to the yavam as a betrothed girl is to her [betrothed] husband.

The following do not move from their place: He who built a new house and dedicated it, He who planted a vineyard and used its fruit, He who married his betrothed, Or brought in his yevamah; As it is said, “He shall be exempt one year for the sake of his household [to give happiness to the woman he married]” (Deuteronomy 24:5) “His household,” this refers to his house; “Shall be” refers to his vineyard; “To give happiness to the wife” refers to his wife; “He married” to include his yevamah’s widow. These do not supply water and food and repair the roads [for the army].

The following do not move from their place: He who built a new house and dedicated it, He who planted a vineyard and used its fruit, He who married his betrothed, Or brought in his yevamah; As it is said, “He shall be exempt one year for the sake of his household [to give happiness to the woman he married]” (Deuteronomy 24:5) “His household,” this refers to his house; “Shall be” refers to his vineyard; “To give happiness to the wife” refers to his wife; “He married” to include his yevamah’s widow. These do not supply water and food and repair the roads [for the army].

A woman is acquired in three ways and acquires herself in two: She is acquired by money, by document, or by intercourse. “By money”: Bet Shammai says: a denar or the equivalent of a denar; Bet Hillel says: a perutah or the equivalent of a perutah. And how much is a perutah? An eighth of an Italian issar. And she acquires herself by divorce or by her husband's death. A yevamah is acquired by intercourse. And she acquires herself by halitzah or by the yavam’s death.

If a boy the age of nine years and one day had relations with his yevamah, he acquires her thereby; But he cannot divorce her until he is of majority age. He contracts uncleanness through intercourse with a menstruant so that he in turn conveys uncleanness to a couch underneath as to a cover above. He disqualifies a woman from the priesthood. But he doesn't give her the right to eat terumah. He renders a beast invalid for the altar, and it is stoned on his account. If he had intercourse with any of the forbidden relations mentioned in the Torah, she is to be executed on his account, but he is exempt from punishment.