Yevamot 2a — the Talmud in English

Introduction In this chapter are explained the laws of the yevamot that do not undergo yibbum because they are an erva to the yavam. Not only do the yevamot who are forbidden to the yavam as an erva not undergo yibbum, but also their “co-wives,” who were married together with them to the brother who died, do not undergo yibbum. And even the “co-wives” of the co-wives of an erva are exempt from yibbum. That is, if the co-wife of the erva underwent yibbum with another brother, to whom she was not forbidden, and the other brother also died, and now the co-wife of the erva fell for yibbum together with her co-wife from the second brother—both of them do not undergo yibbum before the brother from whose yibbum she had already been exempted. This one because she is the co-wife of an erva from the first falling, and that one because she is the co-wife of the co-wife of an erva from the second falling. This law, that the “co-wife of an erva” does not undergo yibbum, applies only according to Beit Hillel. But according to Beit Shammai, the law of “co-wife of an erva” was not stated at all; rather, according to them, the co-wife of an erva does undergo yibbum. Regarding the source of the law that the erva and her co-wife [according to Beit Hillel], and even the co-wife of the co-wife of an erva, do not undergo yibbum, the Sages and Rabbi disagree. According to the Sages, this is learned from the verse stated concerning the erva of a wife’s sister: “And a woman to her sister you shall not take, to make her a rival, to uncover her nakedness upon her in her lifetime.” And the Sages expounded from the word “upon her,” that it comes to teach concerning the mitzva of yibbum, about which it is stated, “her yevama he shall come upon,” that the prohibition of the erva of a wife’s sister remains even in a place of the mitzva of yibbum. Whereas the law of “co-wife of an erva” is learned from the word “to make her a rival.” And from what is stated concerning a wife’s sister, it is learned concerning the other forbidden relations as well, that they too do not undergo yibbum, neither they nor their co-wives. But according to Rabbi, this is learned from what is stated in the passage of yibbum itself: “And he shall take her to himself as a wife, and perform yibbum with her.” The verse could have said only, “And he shall take and perform yibbum,” and from this Rabbi learned that only a yevama who is fit for taking is subject to yibbum, but not one who is not fit for taking, nor her co-wife who falls together with her from the same household. A. There are fifteen forms of the “prohibition of an erva” involving women [as the Mishna will enumerate below], who, because of the severity of the prohibition of closeness to forbidden relations, are not subject to yibbum by the yavam, and are not even subject to halitza by him in order to become permitted to marry another man. Rather, they are “exempt” from his yibbum and halitza [and if there are additional brothers, they undergo yibbum with them or halitza from them].

And the reason for this is that the passage of yibbum and halitza was not stated in the case of the “prohibition of an erva,” as will be explained in the Gemara.

B. And not only the fifteen women themselves are exempt from yibbum and halitza.

Mishna:

Rather, those

fifteen women

also

exempt

from yibbum and from halitza also

their co-wives,

the additional women who were married together with them to their husbands, and were “co-wives” to them in their joint marriages with the brother who died.

For just as the erva herself was excluded from the passage of yibbum and halitza, so too the “co-wife of the erva” was excluded like her, for the reasons that will be explained in the Gemara.

For example, there were two brothers, Reuben and Simeon, and Reuben married the daughter of his brother Simeon, and Reuben also married another woman, and afterward Reuben died without children.

Behold, Reuben’s two widows—that is, Simeon’s daughter and the co-wife of Simeon’s daughter—are exempt from yibbum and halitza from Simeon.

Simeon’s daughter is exempt because she is an “erva” to him, and her co-wife is exempt because she is the “co-wife of the erva of his daughter.”

C. The exemption of the “co-wife of an erva” remains upon her forever, and it exempts her from halitza and yibbum even if she underwent yibbum with another brother, and that brother died without children, and she again falls a second time for yibbum before the yavam from whose yibbum she had been exempted.

Moreover, she now exempts her new co-wife [from her second marriage, by means of the yibbum], who is called the “co-wife of the co-wife of an erva.”

For example, if there were three brothers, Reuben, Simeon, and Levi,

and Reuben married Simeon’s daughter, and Reuben also married another woman, and Reuben died without children,

then, since Reuben died without children, his two widows fall for yibbum only before Levi, and not before Simeon, since his daughter and the co-wife of his daughter are exempt from his yibbum and halitza.

And if Simeon’s “co-wife of his daughter” undergoes yibbum with Levi, and Levi has another wife, who is called the “co-wife of the co-wife of his daughter,” and Levi dies without children—then Simeon’s “co-wife of his daughter” is exempt from Simeon’s yibbum and halitza, and she also exempts her co-wife [who, as stated, is the “co-wife of the co-wife of an erva”] from his yibbum and halitza.

And

It follows that the fifteen forbidden relations exempt not only

“their co-wives’ co-wives”—

from halitza and from yibbum.

And this matter applies

until the end of the world.

For the “co-wife of the co-wife of an erva” also exempts her co-wife, and so on.

D. And now the Mishna specifies the fifteen women who involve prohibitions of an erva for the yavam, by virtue of which the co-wives and the co-wives’ co-wives as well are exempt, forever, from yibbum and from halitza.

And these are:

If a brother who died without children was married to:

A.

His daughter

of the yavam [who is not his wife’s daughter. For his daughter who is also “his wife’s daughter” has upon her a separate prohibition of the erva of “his wife’s daughter,” and it applies to her even if she is not his daughter. Rather, the case here is his daughter who was born to him outside marriage].

B.

And

likewise his brother was married to

his daughter’s daughter

of the yavam [the daughter of the daughter who was born to him, as stated, without marriage to her mother].

C.

And

likewise

his son’s daughter [

who was born to his son, who was born outside marriage].

The source of the prohibition of these three prohibitions will be explained in the Gemara.

D.

His wife’s daughter,

even if she is not his daughter. As it is stated [Leviticus 18], “You shall not uncover the nakedness of a woman and her daughter.”

E.

And his wife’s son’s daughter

of his wife, even if he is not his son. As it is stated later in the aforementioned verse, which prohibits a woman and her daughter: “You shall not take her son’s daughter or her daughter’s daughter, to uncover her nakedness.”

F.

Her daughter’s daughter,

as stated in that same verse.

G, H, I.

His mother-in-law,

and his mother-in-law’s mother, and his father-in-law’s mother.

All of them are learned from the preceding verse, which prohibits taking a woman and her daughter, and her son’s daughter and her daughter’s daughter.

For if a man married a woman, he became forbidden to her mother, since it turns out that he is marrying a woman and her daughter.

And for the same reason he also cannot marry his mother-in-law’s mother, since it turns out that he is marrying a woman and her daughter’s daughter.

And he cannot marry his father-in-law’s mother, since it turns out that he is marrying a woman and her son’s daughter.

J, K.

His maternal sister. And his mother’s sister.

The falling for yibbum of each of these two forbidden relations is possible when his brother, who was his paternal brother [and not his maternal brother], married them, since the mitzva of yibbum depends exclusively upon brotherhood through the father and does not depend upon brotherhood through the mother.

L.

And his wife’s sister,

who is forbidden to him all the days that his wife is alive.

And if, at the time of his brother’s death, his wife was still alive, she is forbidden to him forever, even after his wife dies. Since at the time of the falling she was the wife of a brother upon whom there was a prohibition of an erva, and she was not permitted for yibbum then.

M.

And his maternal brother’s wife,

who is forbidden to him, as it is stated: “You shall not uncover the nakedness of your brother’s wife.” This lav includes every type of “his brother’s wife,” whether his brother is his paternal brother or his maternal brother.

And there is no mitzva of yibbum with her, since the mitzva of yibbum was stated only with brotherhood through the father.