Parallel
יבמות 29:1
Soncino English Talmud · Berean Standard Bible
But did not R. Simeon state that two sisters are neither to perform the halizah nor to be taken in levirate marriage! — This is a preventive measure against any other case where the prohibition is due to a commandment — This is a satisfactory explanation in respect of herself; what, however, can be said in respect of her sister? -The provision was made in the case of her sister as a preventive measure against herself. But, surely. no such preventive measures were made in the case where one was forbidden as incest! — A case of incest is different because people are well acquainted with it and it is well known. MISHNAH. IF TWO OF THREE BROTHERS WERE MARRIED TO TWO SISTERS AND THE THIRD WAS UNMARRIED, AND WHEN ONE OF THE SISTERS HUSBANDS DIED, THE UNMARRIED BROTHER ADDRESSED TO HER A MA'AMAR, AND THEN HIS SECOND BROTHER DIED, BETH SHAMMAI SAY: HIS WIFE [REMAINS] WITH HIM WHILE THE OTHER IS EXEMPT AS BEING HIS WIFE'S SISTER. BETH HILLEL, HOWEVER, MAINTAIN THAT HE MUST DISMISS HIS WIFE BY A LETTER OF DIVORCE AND BY HALIZAH, AND HIS BROTHER'S WIFE BY HALIZAH. THIS IS THE CASE IN REGARD TO WHICH IT WAS SAID: WOE TO HIM BECAUSE OF HIS WIFE, AND WOE TO HIM BECAUSE OF HIS BROTHER'S WIFE. GEMARA. What was THIS IS meant to exclude? — To exclude the statement of R. Joshua, [and to indicate] that we do not act In accordance with his view but either in accordance with that of R. Gamaliel or that of R. Eliezer. R. Eleazar said: It must not be assumed that a ma'amar according to Beth Shammai constitutes a perfect kinyan, so that, if he wishes to dismiss her, a letter of divorce is sufficient; but rather that, according to Beth Shammai, a ma'amar constitutes a kinyan only so far as to keep out the rival. Said R. Abin: We also have learned the same thing: Beth Shammai said, 'They may retain them', which implies that they may only retain them but [that they may] not [marry them] at the outset.
—