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. There are certain classes of women who, although lawfully married, are, nevertheless, prohibited to marry [in the event of the death of their husbands without issue] their brothers-in-law by Yeboom. Others may marry their brothers-in-law, although their
marriage with their deceased husbands was illegitimate. Some, again, are permitted to both husband and brother-in-law; while others are prohibited to both. Lawfully married, and yet prohibited to their brother-in-law, are,—a widow married to an ordinary priest, whose brother is a high-priest; [also] when a desecrated priest, who has a brother properly qualified, marries a qualified priest's daughter; when an Israelite, who has a bastard brother, was married to an Israelite woman; when a bastard marries a bastardess, and he has a legitimate Israelite brother:—all these marriages are indeed legal, but the females may, nevertheless, in case of their husband's death, not marry their brothers-in-law by Yeboom.
§ 2. The following women may be married to their brothers-in-law by Yeboom, although they had been illegitimately married to their husbands:—when a high-priest, whose brother is an ordinary priest, has betrothed a widow; when a priest, whose brother is a desecrated priest, had married a profane woman; when a legitimately born Israelite has a bastard brother, and marries a bastardess; or a bastard, whose brother is a legitimately born Israelite, married an Israelite woman:—all these may be married to their brothers-in-law by Yeboom, although they were [in the first instance] illegally married to their deceased husbands. Prohibited to both husband and brother-in-law are:—when a high-priest married a widow, and his brother also became high-priest, or even if only an ordinary priest; when a qualified priest, whose brother is also qualified, had married a profane woman; when a legitimately born Israelite, who has a legitimate brother, marries a bastardess:—all these [women] are prohibited to both husband and brother-in-law, but every other woman [legally married] may be married by Yeboom.
§. 3. In respect to the secondary degrees prohibited by the scribes [see chap. II. § 4], the following is to he observed:—when a woman is related in the secondary degree to her husband, but not to her brother-in-law, 1 she is indeed unlawfully married, but may [if a widow without issue] be married by Yeboom to her late husband's brother; if related in the secondary degree to her brother-in-law, but not to her husband, she cannot be married to her brother-in-law by Yeboom, although the marriage with her late husband was strictly legal; but if related in the secondary degree to both, she is prohibited to both: such a woman has no right to the portion secured
to her by her marriage-contract, 2 nor repayment for the usufructum goods she brought to her husband, nor has she a right to her maintenance, and to repayment for the wear and tear [deterioration] of the property of which her husband had the usufruct; her offspring however, are legitimate, but the husband must be compelled to divorce her. A widow married to a high-priest; or a divorced woman, or one who had performed the ceremony of Chalitzah, married to an ordinary priest; a bastardess, and a female Netin, married to an Israelite; and a legitimately-born Israelite woman married to a Netin, or to a bastard—have a right to their Ketubah [though illegally married.]
§ 4. An Israelite woman who was betrothed to a priest, or is pregnant by one, or is waiting to be married by Yeboom to a priest; a priest's daughter also, who is similarly situated in respect to an Israelite, may not eat of the heave; an Israelite woman betrothed to, or pregnant by, a Levite, or waiting to be married to one by Yeboom; also a Levite's daughter similarly situated in respect to an Israelite, may not eat tithe. A Levite's daughter betrothed to, or pregnant by, a priest, or one who waits to be married to a priest by Yeboom; also a priest's daughter similarly situated in respect to a Levite, may neither eat of the heave-offering, nor of tithe.
§ 5. An Israelite woman married to a priest, may eat of the heave, and also after his death if left with a son by him; if she then married a Levite she may eat tithe, and also, after his death, if left with a son by him. If she married subsequently an Israelite, she may no longer eat either heave or tithe, not even after the decease of her Israelite husband, in case she was left with a son by him; if after his death his son also died, she may eat tithe; when her son from the Levite dies, she may again eat heave, and when her son from the priest also dies, she may not eat either heave or tithes.
§ 6. A priest's daughter married to an Israelite, may not eat heave, even after his death, if left with a son by him; if she married afterwards a Levite, she may eat tithe, also after his death, if left with a son by him: if she was then again married to a priest, she may eat heave; after the death of her son from the priest, she may no longer eat heave; after the death of her son from the Levite she
may not eat tithe, and if her son: by the Israelite also dies, she returns to her father's house. And the text (Lev. xxii. 13) applies to her case, where it is said, "She shall again return to her father's house as in her youth, and shall eat of her father's meat," [i.e. heave, &c.]
217:1 Ex. gr. The maternal grandmother of the husband; whereas his brothers are related to her by her father's side only.
218:2 Because the marriage is illegal. This want of right to compel the payment of her marriage contract is limited to the sum she actually brought; but she can compel the payment of the תוקפת, or voluntary addition by the husband.