Yevamot 105b — the Talmud in English

Rav Yehuda said in the name of Rav: This

is the statement of our Mishna, that the chalitza of a minor is invalid and disqualifies her from yibbum,

the statement of Rabbi Meir,

who said above [96a]: They treated the chalitza of a nine-year-old boy like a bill of divorce given by an adult brother to the yevama, which thereby disqualifies her from the other brothers. So too, the chalitza of a nine-year-old boy does not exempt her from chalitza, but disqualifies her from yibbum with the brothers.

But the Sages say [there]:

There,

the chalitza of a minor is nothing,

and it does not even disqualify her from yibbum.

We learned in our Mishna:

A minor girl who performed chalitza, etc.

Her chalitza is invalid.

Rav Yehuda said in the name of Rav: This is the statement of Rabbi Meir,

who says that a minor boy and a minor girl do not perform chalitza and do not perform yibbum, and derives this as follows from the fact that “and if the man does not desire”

“the man” is written in the passage

of chalitza, which implies that the yavam must specifically be an adult.

And we compare [and derive by comparison]

and derive

a woman from a man,

for the matter of the yevama too is written in that same passage: “and his yevama shall go up to the gate,” and we learn from this that the yevama too must be an adult.

But the Sages say:

Specifically,

“‘man’ is written in the passage,

which implies that he must be an adult. But

a woman, whether an adult or a minor,

her chalitza is valid.

Who

are those

Sages? It is Rabbi Yosei.

For Rabbi Hiyya and Rabbi Shimon bar Rabbi were sitting. One of them opened and said:

Even after the Hamikdash was destroyed, still

one who prays must direct his eyes downward,

toward the Land of Israel, because the Divine Presence remained there.

As it is stated: “And My eyes and My heart shall be there all the days.”

And one said:

He must direct

his eyes upward, as it is stated: “Let us lift our heart to our hands” .

Meanwhile [in the meantime]

in the meantime],

Rabbi Yishmael son of Rabbi Yosei came to them.

He said to them: What are you engaged in

[what are you engaged in]?

They said to him: In

the matter of

prayer.

He said to them, Thus said my father

[Rabbi Yosei]:

One who prays must direct his eyes downward,

as it is written: “And My eyes and My heart shall be there all the days,”

and

as for

his heart,

he should direct [intend it]

upward,

as it is written: “Let us lift our heart to our hands,”

so that these two verses will be fulfilled

together .

Meanwhile

in the meantime],

Rabbi came to the study hall,

to the beit-midrash, and one person was needed to go to his place.

They,

Rabbi Hiyya and Rabbi Shimon,

who were light,

for they were not corpulent, went and

sat

immediately

on their places.

Rabbi Yishmael son of Rabbi Yosei,

who was corpulent,

because of his heaviness [because of his weight]

was unable to walk quickly , and

he was stepping along

to his place slowly, while everyone was already in their places.

Abdan said

who was Rabbi’s student, to Rabbi Yishmael:

Who is this stepping over the heads of the holy people?!

[For when a person walks while everyone is seated, it appears as though he is stepping over their heads.]

He said to him: I am Yishmael son of Rabbi Yosei, who came to learn Torah from Rabbi.

He said to him

Abdan:

And are you

who steps over the heads of the holy people, and acts arrogantly and diminishes the honor of those seated,

fit to learn Torah from Rabbi

who is known for his humility?

He said to him

Rabbi Yishmael:

And was Moses fit to learn Torah from the Omnipotence?

For he too did things that appear arrogant toward the public, as it is written: “And Moses sat to judge, etc., and the people stood over Moses from the morning, etc.” Rather, according to the matter, it is permitted to do something that appears as ruling over others.

He said to him

Abdan:

And are you

like

Moses?

For all Israel needed Moses, which is not the case with you!

He said to him

Rabbi Yishmael:

And is your teacher God,

whom everyone needs?

Rav Yosef said: Rabbi received his retribution

[he received his recompense for hearing the disgrace of Rabbi Yishmael and not protesting],

for he said to him

Rabbi Yishmael

“your teacher,” and he did not

say

“my master.”

Meanwhile a yevama came before Rabbi. Rabbi said to Abdan: Go, examine her

[go and examine] whether she had produced two hairs.

After he went out

Abdan to examine her,

Rabbi Yishmael said

to Rabbi:

Thus said my father: “‘Man’ is written in the passage,

and therefore the yavam must be an adult.

But “woman”

is not written in the passage, and therefore the chalitza is valid

whether

the yevama is

an adult,

and

whether

she is

a minor.

Rabbi said to him

to Abdan:

Come

[come]

! You need not

examine her! For

an elder has already ruled,

that is, Rabbi Yosei, that the yevama need not be an adult.

We see from here that the view that a yevama performs chalitza whether an adult or a minor is the view of Rabbi Yosei.

When Abdan returned,

Abdan was stepping and coming

into the study hall.

Rabbi Yishmael son of Rabbi Yosei said to him: One whom the holy people need

indeed

may step over the heads of the holy people .

But

one whom the holy people do not need,

that is, you, Abdan,

how may he step over the heads of the holy people?!

Rabbi said to Abdan: Stand in your place

[stand in your place]! And do not enter into the study hall.

It was taught: At that time Abdan became leprous,

because he spoke slanderous speech, whose punishment is afflictive lesions,

and his two sons drowned, and his two daughters-in-law refused

[as is brought below, on page 108a. See there].

Rav Nahman bar Yitzhak said: Blessed is the Merciful One who shamed

[who embarrassed]

Abdan in this world

[in this world].

Rav Ami said: From the words of Bar Rabbi

[Rabbi Yosei. “Bar Rabbi” is an expression for a great person]

we learn

that

a minor girl performs chalitza

even

at

the age of

young children,

that is, at six or seven years old. For we learned in tractate Gittin [page 59]: Young children’s purchases are purchases and their sales are sales with regard to movable property; therefore, with regard to chalitza, since no exclusion of a minor girl is written, it is valid once she reaches this stage, when she knows a little how to distinguish.

Rava said:

Her chalitza is not chalitza

until she reaches the age of vows,

that is, one year before the time of two hairs. As we learned in tractate Niddah [45b]: When she is eleven years and one day old, her vows are examined. And in this year, if she knows for whose sake she vowed and dedicated, her words take effect.

And the halakha is:

She does not perform chalitza

until she produces two hairs.

We learned in our Mishna:

If she performed chalitza before two, etc.

Rabbi Shimon and Rabbi Yohanan the Sandalmaker deem it valid.

Rav Yosef bar Minyomi said in the name of Rav Nahman: The halakha is not like that pair

[Rabbi Shimon and Rabbi Yohanan], but rather like the first tanna, who invalidates chalitza before two.

And we wonder:

But

already

Rav Nahman

said this matter

once!

For Rav Yosef bar Minyomi said in the name of Rav Nahman

[above, on page 101b]:

Chalitza is [performed] with three!

And we explain:

They are necessary,

the two times that Rav Nahman spoke.

For if the first one alone had been stated,

that chalitza is [performed] with three,

I would have said

that

this applies only initially, but

in a case of

after the fact even two

are also valid for chalitza.

It teaches us

what Rav Nahman said, that

the halakha is not like that pair,

that even after the fact specifically three are required. For our Mishna used the language of after the fact: “If she performed chalitza before two,” and nevertheless the halakha is not like that pair.

And if he had taught us that the halakha is not like that pair, but rather like the first tanna, I would have said

that the fact that three suffice is

after the fact,

for the Mishna used the language of after the fact.

But initially five should be required,

according to the view of Rabbi Yehuda at the beginning of our chapter!

Therefore

it is necessary

also to state what Rav Nahman said, that chalitza is [performed] with three, to teach us that even initially three suffice.

We learned in our Mishna:

An incident in which they performed chalitza, etc.

between him and her in the prison, etc.

And we wonder: When he performed chalitza

between him and her, how do we know?

From where do we know that he indeed performed chalitza for her?

Rav Yehuda said in the name of Shmuel:

Indeed, he performed chalitza for her between him and her, and not in the presence of any person. But

witnesses

were

watching him from outside .

They raised a dilemma before them:

How was the

incident

whether

they performed chalitza

between him and her outside

[outside],

and the incident came before Rabbi Akiva

who was

in the prison,

Or perhaps, the incident

was

that they performed chalitza between him and her in the prison?

Rav Yehuda said in the name of Rav: The incident was in the prison,

that

incident, and before Rabbi Akiva, who was in the prison, the incident

Rabbi Akiva, who was

came .