Soncino English Talmud
Yevamot
Daf 118b
MISHNAH. IF A MAN BETROTHED ONE OF FIVE WOMEN AND HE DOES NOT KNOW WHICH OF THEM HE HAS BETROTHED, AND EACH STATES, 'HE HAS BETROTHED ME. HE GIVES A LETTER OF DIVORCE TO EVERY ONE OF THEM, AND, LEAVING THE KETHUBAH AMONG THEM, WITHDRAWS; SO R. TARFON. R. AKIBA, HOWEVER, SAID: THIS IS NOT A WAY THAT WOULD TAKE ONE OUT OF THE POWER OF TRANSGRESSION, UNLESS ONE GIVES TO EACH OF THEM BOTH A LETTER OF DIVORCE AND HER KETHUBAH. IF A MAN ROBBED ONE OF FIVE PERSONS AND DOES NOT KNOW WHICH OF THEM HE HAS ROBBED, AND EACH ONE STATES. 'HE HAS ROBBED ME', HE LEAVES THE [AMOUNT OF] THE ROBBERY AMONG THEM AND WITHDRAWS; SO R. TARFON. R. AKIBA, HOWEVER, STATED: THIS IS NOT A WAY THAT WOULD LEAD ONE OUT OF THE POWER OF SIN, UNLESS ONE PAYS [THE FULL AMOUNT OF THE ROBBERY] TO EVERY ONE [OF THE PERSONS INVOLVED]. GEMARA. Since BETROTHED was stated. and not 'cohabited'. and since ROBBED was stated and not 'bought'. whose [view, it may be asked, is represented in] our Mishnah? Neither. [apparently. that of] the first Tanna nor that of R. Simeon b. Eleazar! For it was taught: R. Simeon b. Eleazar stated that R. Tarfon and R. Akiba did not differ [on the ruling that] where a man betrothed one of five women, and he does not know which of them he betrothed, he leaves the kethubah among them and withdraws; they differ only in the case where cohabitation occurred, R. Tarfon ruling that the man leaves the kethubah among them and withdraws, while R. Akiba ruled [that the man is not exempt from transgression] unless he pays everyone of them. R. Tarfon and R. Akiba. furthermore, did not differ on [the ruling that] where a person bought something from five men and does not know from which of them he bought, he may leave the price of the purchase among them and depart; they differ only in the case where a person robbed one of five men, R. Tarfon ruling that the man must deposit the amount of the robbery among them and may then depart, while R. Akiba ruled [that the man is not exonerated] unless he pays [the amount of the] robbery to everyone. Now, since R. Simeon b. Eleazar said that they do not differ in the case where a man betrothed or purchased, it may be inferred that the first Tanna is of the opinion that they did differ. Whose [view then, is presented in our Mishnah]? If it is that of the first Tanna 'betrothal' and purchase should have been mentioned, and if [it is that of] R. Simeon b. Eleazar cohabitation and 'robbery' should have been mentioned! — [Our Mishnah represents] in fact [the view of] N. Simeon b. Eleazar, but the meaning of BETROTHED is betrothal through cohabitation'. BETROTHED was used in order to acquaint you how far R. Akiba is prepared to go, as he imposes a penalty even where one transgressed a Rabbinic prohibition only; and ROBBED was taught in order to acquaint you how far N. Tarfon is prepared to go, as he imposes no penalties even where one had transgressed a Pentateuchal prohibition. MISHNAH. A WOMAN WHO WENT WITH HER HUSBAND TO A COUNTRY BEYOND THE SEA, HER SON ALSO [GOING] WITH THEM, AND WHO CAME BACK AND STATED, 'MY HUSBAND DIED AND AFTERWARDS MY SON DIED', IS BELIEVED. [IF, HOWEVER, SHE STATED.] 'MY SON DIED AND AFTERWARDS MY HUSBAND DIED'. SHE IS NOT BELIEVED, BUT NOTE IS TAKEN OF HER ASSERTION AND SHE MUST, THEREFORE, PERFORM HALIZAH AND MAY NOT CONTRACT THE LEVIRATE MARRIAGE. [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, HOWEVER, SHE STATES]. '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. [19 F A WOMAN STATES]. 'A BROTHER-IN-LAW WAS GIVEN TO ME [WHILE I WAS] IN A COUNTRY BEYOND THE SEA', AND SHE ALSO STATES, 'MY HUSBAND DIED AND AFTERWARDS MY BROTHER-IN-LAW DIED OR 'MY BROTHER-IN-LAW DIED AND AFTERWARDS MY HUSBAND DIED', SHE IS BELIEVED. IF A WOMAN AND HER HUSBAND AND HER BROTHER-IN-LAW WENT TO A COUNTRY BEYOND THE SEA, AND SHE [ON RETURNING HOME] STATED, 'MY HUSBAND DIED AND AFTERWARDS MY BROTHER-IN-LAW [DIED]' OR 'MY BROTHER-IN-LAW [DIED] AND AFTERWARDS MY HUSBAND [DIED]'. SHE IS NOT BELIEVED; FOR A WOMAN IS NOT TO BE BELIEVED WHEN SHE ASSERTS 'MY BROTHER-IN-LAW IS DEAD', IN ORDER THAT SHE MAY MARRY AGAIN. NOR [WHEN SHE STATES THAT] HER SISTER IS DEAD. IN ORDER THAT SHE MAY ENTER HIS HOUSE. A MAN ALSO IS NOT BELIEVED WHEN HE ASSERTS 'MY BROTHER IS DEAD', SO THAT HE MAY CONTRACT LEVIR' ATE MARRIAGE WITH HIS WIFE, NOR [WHEN HE ASSERTS THAT] HIS WIFE IS DEAD, IN ORDER THAT HE MAY MARRY HER SISTER. GEMARA. Raba enquired of R. Nahman: What [is the legal position] if a husband transferred to his wife [through an agent] the possession of a letter of divorce, where a brother-in-law is in existence? [Is the divorce], since she [usually] hates her brother. in-law, an advantage to her and [consequently valid, because] a privilege may be conferred upon a person in his absence; or is it possible [that the divorce], since she sometimes loves her brother-in-law, is a disadvantage to her and [consequently invalid because] no disadvantage may be imposed upon a person in his absence? The other replied. We have learned this: NOTE IS TAKEN OF HER ASSERTION AND SHE MUST, THEREFORE, PERFORM HALIZAH. BUT MAY NOT CONTRACT THE LEVIRATE MARRIAGE. Said Rabina to Raba: What [is the legal decision] if a husband transferred to his wife [through an agent] the possession of a letter of divorce at a time when a quarrel [raged between them]? [Is the divorce], since she has a quarrel with her husband, an advantage to her or [is it a disadvantage, since] the gratification of bodily desires is possibly preferred by her? — Come and hear what Resh Lakish said: 'It is preferable to live in grief than to dwell in widowhood'. Abaye said: 'With a husband [of the size of an] ant her seat is placed among the great'. R. Papa said: Though her husband be a carder she calls him to the threshold and sits down [at his side]. R. Ashi said: If her husband is only a cabbage-head she requires no lentils for her pot. A Tanna taught: All such women play the harlot and attribute the results to their husbands.
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