Yevamot 2a (ב.) — the Talmud in English

Introduction This chapter explains the laws of the yevamot who do not undergo yibbum because they are an erva to the yavam. It is not only the yevamot who are forbidden to the yavam as an erva who do not undergo yibbum; their “rivals” (tzarot)—the women who were married together with them to the brother who died—also do not undergo yibbum. Moreover, the “rivals” of the rivals of an erva are exempt from yibbum. That is, if the rival of the erva underwent yibbum with another brother, to whom she was not forbidden, and that other brother also died, and the rival of the erva now falls for yibbum together with her rival from the second brother, neither of them undergoes yibbum before the brother from whose yibbum she had already been exempted. The former is exempt because she is the rival of an erva from the first falling, and the latter because she is the rival of the rival of an erva from the second falling. This law—that the rival of an erva does not undergo yibbum—applies only according to Beit Hillel. According to Beit Shammai, however, the law of the “rival of an erva” was not stated at all; in their view, the rival of an erva does undergo yibbum. As to the source of the law that an erva and her rival [according to Beit Hillel], and even the rival of the rival of an erva, do not undergo yibbum, the Sages and Rabbi disagree. According to the Sages, this is derived from the verse stated concerning the erva of one’s wife’s sister: “And a woman together with her sister you shall not take, to make her a rival, to uncover her nakedness beside the other, during her lifetime.” The Sages expound the word “beside her” as teaching about the mitzva of yibbum, concerning which it is stated, “her yevama he shall take beside him”: that the prohibition of the erva of one’s wife’s sister remains in force even where there is a mitzva of yibbum. The law of the “rival of an erva,” however, is derived from the word “to make her a rival.” And from what is stated concerning one’s wife’s sister, this is derived for the other arayot as well: they too do not undergo yibbum, neither they nor their rivals. Rabbi, however, derives this from what is stated in the passage concerning yibbum itself: “And he shall take her to himself as a wife, and perform yibbum with her.” The verse could have said only, “He shall take and perform yibbum,” and from this Rabbi derives that only a yevama who is eligible for taking is eligible for yibbum, but not one who is not eligible for taking, nor her rival who falls with her from the same household. 1. There are fifteen forms of the “prohibition of an erva” involving women [as the Mishna will enumerate below]. Because of the severity of the prohibition against intimacy with the arayot, these fifteen women do not undergo yibbum with the yavam, and they also do not undergo halitza through him, by which they would become permitted to marry another man. Rather, they are “exempt” from his yibbum and halitza [and if there are additional brothers, they undergo yibbum or halitza with them].

The reason is that the passage of yibbum and halitza was not stated with regard to a prohibition of an erva, as the Gemara will explain.

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

Mishna:

Rather, those

fifteen women

also

exempt

from yibbum and halitza as well

their rivals, the additional women who were married together with them to their husbands and were their “rivals” in their shared marriages to the deceased brother.

the additional women who were married together with them to their husbands and were their “rivals” in their shared marriages to the deceased brother.

For just as the erva herself was excluded from the passage of yibbum and halitza, so too was the “rival of the erva” excluded in the same manner, for the reasons that the Gemara will explain.

For example, there were two brothers, Reuven and Shimon, and Reuven married Shimon’s daughter, and also married another woman; afterward Reuven died without children.

Thus Reuven’s two widows—Shimon’s daughter and the rival of Shimon’s daughter—are exempt from yibbum and halitza with Shimon.

Shimon’s daughter is exempt because she is an “erva” to him, and her rival is exempt because she is the “rival of the erva of his daughter.”

3. The exemption of the “rival of an erva” remains applicable to her forever, and exempts her from halitza and yibbum even if she underwent yibbum with another brother, and that brother died without children, so that she falls a second time for yibbum before the yavam from whose yibbum she had been exempted.

Not only that, but she now exempts her new rival [from her second marriage, through yibbum], who is called the “rival of the rival of an erva.”

For example, there were three brothers, Reuven, Shimon, and Levi.

Reuven married Shimon’s daughter, also married another woman, and died without children.

Since Reuven died without children, his two widows fall for yibbum only before Levi, and not before Shimon, since his daughter and the rival of his daughter are exempt from his yibbum and halitza.

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

And

It follows that the fifteen arayot exempt not only their rivals, but even

“the rivals of their rivals”

from halitza and from yibbum.

And this continues

until the end of the world.

For the “rival of the rival of an erva” also exempts her rival, and so on.

4. The Mishna now enumerates the fifteen women who involve prohibitions of an erva for the yavam, by virtue of which the rivals and the rivals of the rivals are also exempt forever from yibbum and halitza.

And these are: If a brother who died without children was married to:

If a brother who died without children was married to:

a.

his daughter

[who is not his wife’s daughter. For a daughter who is also his “wife’s daughter” is subject to the separate prohibition of the “wife’s daughter,” which applies to her even if she is not his daughter. Rather, the case here is a daughter born to him outside marriage].

b.

and

his brother was likewise married to

his daughter’s daughter

[the daughter of the daughter who was born to him, as stated, outside 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 in these three cases 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,

even if he is not her son. 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,

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

All of these are derived from the previous 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 becomes forbidden to her mother, since he would thereby be taking a woman and her daughter.

For the same reason, he also cannot marry her mother-in-law’s mother, since he would thereby be taking a woman and her daughter’s daughter.

And he cannot marry his father-in-law’s mother, since he would thereby be taking a woman and her son’s daughter.

j, k.

his maternal sister, and his mother’s sister.

The falling for yibbum of either of these two arayot is possible when his brother, who was their husband, is his paternal brother [and not his maternal brother], since the mitzva of yibbum depends exclusively on brotherhood through the father and does not depend on brotherhood through the mother.

l.

and his wife’s sister,

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

If, at the time of his brother’s death, his wife was still alive, she remains forbidden to him forever, even after his wife dies. Since at the time of the falling she was the wife of a brother who was subject to a prohibition of an erva, she was not permitted for yibbum at that time.

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 prohibition includes every type of “brother’s wife,” whether the brother is his paternal brother or his maternal brother.

There is no mitzva of yibbum with her, since the mitzva of yibbum was stated only with regard to brotherhood through the father.