Rabbinic JudaismJerusalem Talmud Yevamot 1.2HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Yevamot 1.2

The Jerusalem Talmud

Jerusalem Talmud Yevamot 1.2

1
English · Heinrich W. Guggenheimer

MISHNAH: All these free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate forever. And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted. But you cannot say about his mother-in-law or his mother-in-law’s mother that they were found to be she-rams or that they had repudiated.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “All these free their co-wives and the co-wives of their co-wives from ḥalîṣah and levirate, etc.” Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother, to permit the co-wife to her father, and the daughter-in-law to her father-in-law. Rav and Rebbi Simeon ben Laqish both say, she may not repudiate the levir to invalidate the claim of the dead brother, to permit the co-wife to her father, and the daughter-in-law to her father-in-law. Do Rav and Rebbi Simeon ben Laqish follow the house of Shammai, since the House of Shammai say “the husband”? Where do we hold? If she says, I can stand neither the marriage with your brother nor with you, everybody agrees that she invalidates. But we hold in case she says “I cannot stand marriage”. Rebbi Joḥanan said, I can stand neither the marriage with your brother nor with you. Rav and Rebbi Simeon ben Laqish both say, she says I cannot stand marriage with you but marriage with your brother I want. The Mishnah disagrees with Rebbi Joḥanan: “And all of these, if they died, or repudiated, or were divorced, or found to be she-rams, their co-wives are permitted.” Was she not divorced from him? Similarly, she repudiated him. Rebbi Ḥiyya stated: If they repudiated or were divorced in the husband’s lifetime, their co-wives are permitted. After the husband’s death their co-wives perform ḥalîṣah but not levirate.

3
English · Heinrich W. Guggenheimer

Rebbi Yudan, the father of Rebbi Mattaniah said: Explain it when they died without having repudiated since there is a Mishnah: “If a woman could repudiate but did not do so, her co-wife performs ḥalîṣah but cannot be married in levirate.” So is the Mishnah: “If a woman could repudiate but did not dies, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Abba Mari said, you may even say if she still lives; explain it if her father is the only levir.

4
English · Heinrich W. Guggenheimer

Rebbi Jonah said, only after qiddushin. Rebbi Yose said, even after final marriage. In the second repetition, Rebbi Yose changed his mind. Rebbi Phineas said to him, did the Rabbi not teach us “after final marriage”? He answered him, is that fixed in you like a nail?

5
English · Heinrich W. Guggenheimer

Rebbi Ze‘ira said before Rebbi Mana, did not Rebbi Yose say correctly before he changed his mind? Once a man’s daughter is married without being a she-ram, her co-wife is forbidden. If in addition she is a she-ram, does her co-wife become permitted? He said to him, the she-ram is as if non-existent. If there are two sisters-in-law, one a she-ram and one not a she-ram, if the levir comes and performs ḥalîṣah or has intercourse with the first, did he free her companion of anything? That shows that the she-ram is as if non-existent.

6
English · Heinrich W. Guggenheimer

“His daughter”. How can his daughter repudiate, is she not married by Torah standards, “my daughter I gave to this man”? Rebbi Huna in the name of Rebbi Simeon ben Laqish: Explain it by a minor, who was married off by her father and divorced, who is like an orphan while her father is alive.

7
English · Heinrich W. Guggenheimer

Rebbi Aḥa, Rebbi Ḥanina, in the name of Rebbi Simeon ben Laqish: This means that a minor cannot give birth; because otherwise she could wait until she grew up, repudiate her husband, and permit her co-wife to her son-in-law. The daughter-in-law of Rebbi Ismael repudiated while her son was on her shoulder. Rebbi Ḥizqiah in the name of Rebbi Abbahu: Rebbi Jehudah, Rebbi Simeon, and Rebbi Ismael said the same. It was stated: Until when may the daughter repudiate? Until she grows two pubic hairs, the words of Rebbi Meїr. Rebbi Judah says until the black covers most. Rebbi Simeon says until the hill of Venus expands. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Simeon ben Laqish: Until the mons Veneris enlarges and the black be more than the white.

8
English · Heinrich W. Guggenheimer

Rebbi Abbahu, Rebbi Eleazar, in the name of Rebbi Hoshaia: Practice follows Rebbi Jehudah. Rebbi Joshua ben Levi said, practice follows Rebbi Jehudah. A case came before Rebbi Yasa; he said, go to Rebbi Abbahu since he has learned that practice follows Rebbi Jehudah; we did not learn that practice follows Rebbi Jehudah. Rebbi Ḥanina said, practice follows Rebbi Jehudah. Rebbi Joḥanan said to the Sepphoreans, you say in the name of Rebbi Ḥanina that practice follows Rebbi Jehudah, but it is not so. How is it? The colleagues in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she had intercourse after she grew two hairs, she cannot repudiate. Rebbi Ze‘ira in the name of Rebbi Ḥanina: Rebbi Jehudah agrees that if she received qiddushin after she grew two hairs, she cannot repudiate. According to Rebbi Ze‘ira who said “she received qiddushin after she grew two hairs”, it follows that if she received qiddushin before she grew two hairs and had intercourse after she grew two hairs, she can repudiate. That fits. According to the colleagues who say “she had intercourse after she grew two hairs”, it follows that if she had intercourse before she grew two hairs, she can repudiate.

9
English · Heinrich W. Guggenheimer

When was it? She became pregnant and gave birth before she grew two hairs. Could she have lived? Did not Rebbi Redifa, Rebbi Jonah, say in the name of Rebbi Hila: If a woman became pregnant and gave birth before she grew two hairs, she and her son will die. After she grew two hairs, she and her son will live. If she became pregnant before she grew two hairs and gave birth after she grew two hairs, she will live but her son will die. How is the situation? Rebbi Ismael follows RebbiJehudah, until the black covers most [and] Rebbi Simeon, that intercourse occurred with the idea of the prior qiddushin. Following the opinions of Rebbi Meїr and Rebbi Jehudah who say that her status depends on the signs of development, it fits. Following the opinion of Rebbi Simeon who says, if he adds another act of acquisition, then even if she is an adult! Rebbi Isaac said, that is so. Only that the daughters of Israel should not be unbridled in breaking tabus.

10
English · Heinrich W. Guggenheimer

There came a case before Rebbi Yose. He said: One should examine her breasts. How? Following Rebbi Jehudah! Since Rebbi Jehudah said, until the black covers most. Is not that what Rebbi Joshua ben Levi said, between maidenhood and adulthood thare are only six months, and Rebbi Abbahu said in the name of Rebbi Joḥanan, one does not act on this? This means during that period. But after that period one acts. But in this case where there was a doubt whether the black covered most or the black did not cover most, I force him to give a bill of divorce. When the black covers most one does not touch a bill of divorce.

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Jerusalem Talmud Yevamot 1.2English
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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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