Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
§ 1. When a person received Chalitzah from his sister-in-law, and it was subsequently ascertained that she was then pregnant: 1 if she was delivered of a child she had borne the full period of gestation, he may marry her relations, and she his, nor is she thereby excluded from marrying a priest; but if the child is prematurely born, then he may not marry her relations, nor she his, and she is excluded from marrying a priest.
§ 2. When a person had married his sister-in-law [by Yeboom], and she proved to have then been pregnant, the marriage must be dissolved, if she be delivered of a child at the full period of gestation, and both must bring a sin-offering; but if the child is prematurely born, the marriage need not be dissolved; if it be doubtful whether the child was born from the first husband in the ninth month, or from the second, in the seventh month, the marriage must be dissolved, but the child is legitimate, and both must bring the doubtful trespass-offering.
§ 3. In the case of property accruing to a woman, whilst waiting to be married by Yeboom, the schools of Shammai and Hillel agree, that she is entitled to sell it or give it away. How are they to act in case of the death of such a woman, 2 with the amount of her dowry to which she is entitled by her Ketubah, and the private property she brings in with her [on her marriage], and takes back again [in case of divorce]? Beth Shammai decide, that it must be divided between her husband's, and her father's heirs. But Beth Hillel
teach, that her private property remains in its existing power, 3 her marriage portion in that of the heirs of her husband, and the property she brings and takes back with her, in that of her father's heirs.
§ 4. As soon as a brother-in-law has married a woman by Yeboom [and consummated the marriage], she must be considered as his wife in every respect, except that the portion allowed her in her marriage contract is to be charged on her late husband's property.
§ 5. The duty of Yeboom is obligatory in the first place on the eldest brother; should he refuse, all the other brothers must be applied to; if they also refuse, they must apply again to the eldest, and say unto him, "The obligation is incumbent on you, [therefore] either receive Chalitzah from your sister-in-law, or marry her by Yeboom."
§ 6. If he delays, under the pretext of waiting till a young brother grows up, or till an older brother returns from beyond the seas, 4 or until a deaf or foolish brother is cured, his excuse is not to be noticed, but they shall say to him, "The obligation is incumbent on you: either receive Chalitzah from your sister-in-law, or marry her by Yeboom."
§ 7. A person who received Chalitzah from his sister-in-law, remains in respect to the inheritance [of his deceased brother's property] upon an equal footing with his other brothers; but if their father is yet alive, he inherits it; but he that married his sister-in-law by Yeboom acquires thereby all his brother's property. R. Jehudah saith, "In either case, should the father still be alive, the property devolves on him." When a person has received Chalitzah from his sister-in-law, he may not marry her relations, nor she his. 5 He may not marry her mother, nor her grandmother [whether her mother's or her father's mother], her daughter, or grand-daughter, whether of son or of daughter, or her sister, whilst she is alive. His brothers may marry her, but she may not marry his father, nor his grandfather, whether his father's or mother's father, his son, his son's son, his brother, or his brother's son. It is lawful, however, to marry the
relations of the rival of the woman from whom a person has received Chalitzah, but not the rivals of the relation of the woman from whom he received Chalitzah. 6
§ 8. If the brother of one who had Chalitzah performed to him by his sister-in-law, marries her sister and dies, she is bound to perform Chalitzah, but may not be married to her brother-in-law by Yeboom, but when a person had divorced his wife, and his brother marries her sister and dies, she is released both from Chalitzah and from Yeboom.
§ 9. In case the sister of a woman in expectation of being married by Yeboom to her brother-in-law, should meanwhile have been betrothed to another brother, it is taught in the name of R. Jehudah ben Beterah that they shall admonish him to delay his marriage until the elder brother proceeds to an act [i.e. that of Yeboom or of Chalitzah]. As soon as he [the elder brother] has received Chalitzah from, or married his sister-in-law by Yeboom, the other brother may marry his betrothed also, in case the widow should have died; but if the brother-in-law died, 7 he must divorce his betrothed and receive Chalitzah from his sister-in-law. 8
§ 10. Women who have become subject to Yeboom, may not proceed to it or to the ceremony of Chalitzah until after three months have elapsed [since the death of their husbands], other women also shall not be betrothed nor married [again] till after three months, whether they were virgins 9 or not, whether divorced or widowed,
married or only betrothed. R. Jehudah says, "Women who had already been married may be betrothed immediately, and the betrothed ones married, except the betrothed in Judah, for there the intercourse of the bridegroom with his betrothed is less restrained." R. José says, "All women may be immediately betrothed, except a widow, on account of the mourning [she is bound to observe for her deceased husband]."
§ 11. When four [of a number of] brethren die, who had been married to four women, the eldest [survivor] may marry all four by Yeboom, if he wishes it. If a person left two wives at his decease, the marriage by Yeboom or Chalitzah by one, releases her rival. If one is qualified to be married to a priest, and the other is not; if the brother-in-law receives Chalitzah, he must receive it of her who may not be married to a priest; but if he prefers to marry by Yeboom, he can take her who is qualified [to be married to a priest].
§ 12. When a person takes back his divorced wife, or one who had married the woman from whom he received Chalitzah, or her relation, 10 the marriage must be dissolved, and the issue from such a marriage are bastards, according to R. Akivah; but the sages say they are not bastards: they agree, however, that the child of one who had married a relation of the woman from whom he received Chalitzah is a bastard.
§ 13. * * * *
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209:1 Was left pregnant by the first husband, and performed Chalitzah within three months of her husband's decease.
209:2 After her brother-in-law had promised her marriage, but did not consummate it. Who are her legal heirs?
210:3 It must be shared among those who have an existing right to it, namely,—her heirs; because the property is derived from her; and also his heirs, as the risk of the property is on them. But the school of Hillel has left it undecided, whether all the heirs are to share alike. (See further, Treatise Ketuboth, chap. III. § 6.)
210:4 A distant country, or out of Palestine. See Gitten, chap. I.
210:5 As if she were actually his wife.
211:6 The reason of this seems to he founded rather on an apprehension that the real facts of the case might be misconceived, or rather misrepresented, than on any real legal prohibition. To explain this rather intricate case, Rashi, Bartenora, and other commentators of the Mishna, have illustrated it by the following example:—Suppose A to be a man who received Chalitzah from his sister-in-law B, whose sister C, married to a man not related to the sisters before marriage, has a rival named D; then A may not marry D in the event of her husband's death; because, as both sisters, B and C, appeared before the public tribunal when the Chalitzah was performed by B, every one might not be aware of that fact, and may suppose it to have been performed by C, so that if A marries her rival D, who is the rival of the relation of her of whom he received Chalitzah, people might say he married her rival [which is prohibited], for they suppose that C and D were the wives of the deceased brother of A, because [as they think] A received the Chalitzah from C; but this misapprehension cannot take place in case of marrying a sister of the rival, because the women who perform the ceremony of Chalitzah before the public tribunal are not in the habit of bringing their rivals with them.
211:7 Namely, the eldest, on whom the duty of Yeboom is incumbent.
211:8 This is limited to the case of his being the only surviving brother.
211:9 When she had been only betrothed, and he who betrothed her had died or divorced her.
212:10 Which, even as the preceding, is unlawful.