Parallel
יבמות 119:2
Soncino English Talmud · Berean Standard Bible
in the first clause the woman's confirmed status [would subject her] to the levirate marriage while the majority principle [would enable her] to marry any stranger; and, though 'confirmed status' is not as important a factor as a majority, the minority of women who miscarry must be added to the 'confirmed status' so that the factors on either side are equally balanced; hence she MUST NEITHER MARRY AGAIN NOR CONTRACT LEVIRATE MARRIAGE. In the final clause, however, the woman's confirmed status as well as the majority principle [points] to [the permissibility of marriage with] any stranger, so that [viable] males constitute a minority of a minority; and a minority of a minority is not taken into consideration even by R. Meir. MUST NEITHER MARRY AGAIN NOR CONTRACT LEVIRATE MARRIAGE etc. For ever? — Ze'iri replied: [She waits] on account of herself three months and on account of her associate nine, and then she may, at all events, perform halizah. R. Hanina said: On account of herself [she must wait] three months, but on account of her associate for ever. But let her perform halizah at all events! — Both Abaye b. Abin and R. Hanina b. Abin replied: This is a preventive measure against the possibility that the child might be viable as a result of which you would have to subject her to the necessity of a public announcement in respect of the priesthood. Well, let her be subjected to the necessity! — It may happen that someone would be present at the halizah and not at the announcement, and he would form the opinion that a haluzah was permitted to a priest. We learned: [If a woman states], 'A son was given to me [while I was] in a country beyond the sea' and she also asserts, 'My son died and afterwards my husband died', she is believed. [If she states, however], 'My husband died and afterwards my son died', she is not believed, but note is taken of her assertion and she must, therefore, perform halizah but may not contract levirate marriage. Let it, however, be apprehended that witnesses might come and confirm her statement and that, as a result, you would subject her to the necessity of an announcement in respect of the priesthood! — R. Papa replied: [This refers to] a woman divorced. R. Hiyya son of R. Huna replied: [It refers to one] who stated 'I and he were hidden in a cave'. MISHNAH. [IN THE CASE OF] TWO SISTERS-IN-LAW ONE OF WHOM STATED, 'MY HUSBAND IS DEAD', AND THE OTHER ALSO STATED, 'MY HUSBAND IS DEAD', THE FORMER IS FORBIDDEN ON ACCOUNT OF THE HUSBAND OF THE LATTER, AND THE LATTER IS FORBIDDEN ON ACCOUNT OF THE HUSBAND OF THE FORMER. IF THE ONE HAD WITNESSES AND THE OTHER HAD NO WITNESSES, SHE WHO HAD THE WITNESSES IS FORBIDDEN, WHILE SHE WHO HAD NO WITNESSES IS PERMITTED. IF THE ONE HAD CHILDREN AND THE OTHER HAD NO CHILDREN, SHE WHO HAD CHILDREN IS PERMITTED AND SHE WHO HAD NO CHILDREN IS FORBIDDEN. IF THEY CONTRACTED LEVIRATE MARRIAGES, AND THE LEVIRS DIED, THEY ARE FORBIDDEN [TO MARRY AGAIN]. R. ELEAZAR RULED: SINCE THEY WERE ONCE PERMITTED TO MARRY THE LEVIRS THEY ARE PERMITTED TO MARRY ANY MAN. GEMARA. A Tanna taught: If the one had witnesses and also children, and the other had neither witnesses nor children, both are permitted [to marry again]. IF THEY CONTRACTED LEVIRATE MARRIAGES, AND THE LEVIRS DIED, THEY ARE FORBIDDEN [TO MARRY AGAIN]. R. ELEAZAR RULED: SINCE THEY WERE ONCE PERMITTED TO THE LEVIRS THEY ARE PERMITTED TO MARRY ANY MAN. Raba inquired: What is R. Eleazar's reason? Is it because he is of the opinion that a rival is eligible to tender evidence in favour of her associate or is it because [he holds that] she would not cause injury to herself? What practical difference is there [between the two assumptions]?
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