Rabbinic JudaismJerusalem Talmud Yevamot 13.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Yevamot 13.1

The Jerusalem Talmud

Jerusalem Talmud Yevamot 13.1

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English · Heinrich W. Guggenheimer

MISHNAH: The House of Shammai say, one makes only betrothed girls repudiate. The House of Hillel say, betrothed or married. The House of Shammai say, the husband, but the House of Hillel say, the husband or the levir. The House of Shammai say, in his presence, but the House of Hillel say, in his presence or in his absence. The House of Shammai say, in a court of law, but the House of Hillel say, in a court or outside a court. The House of Hillel said to the House of Shammai: An underage girl may repudiate even four or five times. The House of Shammai said to them: The daughters of Israel are not abandoned property! But she repudiates, waits until she is of age, or repudiates and is married.

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English · Heinrich W. Guggenheimer

HALAKHAH: “The House of Shammai say, one permits repudiation,” etc. There, we have stated: “Rebbi Jehudah bar Abba testified to five statements: That one makes underage girls repudiate, … ” Does one disagree with testimony? One disagrees about the essence of the testimony. So was the essence of the testimony: “The House of Shammai say, one makes only betrothed girls repudiate, but the House of Hillel say, betrothed or married”. It is difficult following the House of Hillel! Her marriage permitted her, he has the right to what she finds and earns, to dissolve her vows, and she is his wife in every respect. And you say so? They gave you of your own. By right, her marriage should not be a marriage. They said that her marriage is a marriage and they said that she may repudiate him and leave.

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English · Heinrich W. Guggenheimer

What is the reason of the House of Shammai? If you say so, you make all intercourse he had with her intercourse of harlotry. Rebbi Abin said, it turns out that the House of Shammai hold with Rebbi Eleazar as Rebbi Eleazar said, intercourse of an unmarried man with an unmarried woman not with the intent of marriage is intercourse of harlotry. That means, for the House of Shammai her repudiation is nothing if she transgressed and repudiated after marriage. If she entered the bridal chamber but had no intercourse yet, what is her status? As betrothed or as married? If she is betrothed in Judea where he is familiar with her, what is her status? As betrothed or as married?

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English · Heinrich W. Guggenheimer

If she had been in a situation that she could not repudiate, may she go and repudiate? Let us hear from the following: An underage girl who was married off by her father but then was divorced, if she went and married by herself she nevertheless can repudiate.

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English · Heinrich W. Guggenheimer

What is the reason of the House of Shammai? The husband she may repudiate since she married him with her consent. The levir to whom she was given by an act of God she cannot repudiate. What is the reason of the House of Hillel? If she can repudiate the principal, so much more the levir! Rebbi Joḥanan said, she may repudiate the levir to invalidate the claim of the dead brother and 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 and 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. If she says, I can stand marriage with you but not with your brother? 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.

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English · Heinrich W. Guggenheimer

Rebbi Yudan, the father of Rebbi Mattaniah said: Explain it when they died and did not repudiate since there is a Mishnah: “If a woman could repudiate but did not do so and died, her co-wife performs ḥalîṣah but cannot be married in levirate.” Rebbi Eudaimon said, you may even say if she still lives; explain it if there is no levir besides her father.

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English · Heinrich W. Guggenheimer

Rebbi Jonah said, after qiddušin. 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 with a nail?

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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.

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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.

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English · Heinrich W. Guggenheimer

Rebbi Aḥa, Rebbi Ḥinnena, 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.

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English · Heinrich W. Guggenheimer

Rav Hamnuna in the name of Assi: The Mishnah speaks about a sister-in-law who has two levirs. If one of them “bespoke” her, she may repudiate his “bespeaking” and marry on the market place. Why can she not repudiate his “bespeaking” and marry his brother? Explain it, if she says, I cannot stand you. Rebbi Hila in the name of Rebbi Simeon ben Yosina in the name of Rebbi Hoshaia: The Mishnah speaks about a sister-in-law who has five levirs. If one of them “bespoke” her, she may repudiate his “bespeaking” and marry his brother. Why can she not repudiate his “bespeaking” and marry on the market place? Explain it if her father had married her off, this was a marriage by biblical standards.

12
English · Heinrich W. Guggenheimer

“ The House of Hillel said to the House of Shammai: It happened with the wife of the cameldriver Pison that the Sages repudiated for her in her absence. The House of Shammai said to them, is that a proof? Since he measured crookedly, the Sages measured crookedly for him.” This is difficult. Because a man behaves incorrectly, does one permit his incest prohibition? Rab Ḥisda said, that means that, if she transgresses and repudiated after marriage, the House of Shammai recognize her act of repudiation.

13
English · Heinrich W. Guggenheimer

Rebbi Abba in the name of Rav Ḥiyya bar Ashi: It happened that a girl went to wash at the river when they said to her, your betrothed is passing by. She said, let my mother go and marry him! When the case came before the Sages, they said that there is no repudiation stronger than that. Rebbi Ḥanina said, It happened that a girl went to buy flax from the flax dealer when they said to her, your betrothed is passing by. She said, let my mother go and marry him! When the case came before the Sages, they said that there is no repudiation stronger than that. It was stated in the name of Rebbi Jehudah: “Even if she went to buy something at the store and said, I cannot endure my husband X, there is no repudiation stronger than this.

14
English · Heinrich W. Guggenheimer

Does a court convene for repudiation? Was it not stated: Flee from three and cling to three. Cling to ḥalîṣah, annulling vows, and making peace. But flee from repudiations, from being a guarantor, and from receiving deposits. Rebbi Simeon bar Abba said, its name is not פקדון “deposit” but פק דון “go to court”. Rebbi Berekhiah said, “My son, if you became guanrantor for your neighbor.” Does a court convene for repudiation? Explain it that they were sitting in another matter and the case came before them.

15
English · Heinrich W. Guggenheimer

So is the Mishnah: Or she should repudiate him and marry. Therefore, she cannot get herself betrothed. That means, if she transgresses and repudiated after marriage, the House of Shammai recognize her act of repudiation. Rebbi Abba in the name of Rebbi Tanḥum bar Ḥiyya: A rumor spreads for a married woman but not for a betrothed one. A woman might hide herself and say, I was not betrothed, but she will not be able to hide herself and say, I did not marry.

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Jerusalem Talmud Yevamot 13.1English
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Jerusalem Talmud Yevamot 13.10%

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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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