Soncino English Talmud
Yevamot
Daf 41a
— The Rabbis have enacted a preventive measure in respect of her who accompanies the haluzah to court; in the case, however, of her who does not accompany her to court the Rabbis enacted no preventive measure. MISHNAH. WHERE HE PARTICIPATED IN A HALIZAH WITH HIS DECEASED BROTHER'S WIFE, AND HIS BROTHER MARRIED HER SISTER AND DIED, THE WIDOW MUST PERFORM HALIZAH BUT MAY NOT BE TAKEN IN LEVIRATE MARRIAGE. SIMILARLY WHERE A MAN DIVORCED HIS WIFE AND HIS BROTHER MARRIED HER SISTER AND DIED THE WIDOW IS EXEMPT. IF A BROTHER OF THE LEVIR HAD BETROTHED THE SISTER OF THE WIDOW WHO WAS AWAITING THE LEVIR S DECISION, HE IS TOLD, SO IT HAS BEEN STATED IN THE NAME OF R. JUDAH B. BATHYRA, WAIT UNTIL YOUR BROTHER HAS ACTED'. IF HIS BROTHER HAS PARTICIPATED WITH THE WIDOW IN THE HALIZAH OR CONTRACTED WITH HER THE LEVIRATE MARRIAGE, HE MAY MARRY HIS [BETROTHED] WIFE. IF THE SISTER-IN-LAW DIED HE MAY ALSO MARRY HIS [BETROTHED] WIFE. BUT IF THE LEVIR DIED, HE MUST RELEASE HIS [BETROTHED] WIFE BY A LETTER OF DIVORCE AND HIS BROTHER'S WIFE BY HALIZAH. GEMARA. What [is meant by] SIMILARLY? — Read: BUT WHERE A MAN DIVORCED. Resh Lakish said: Here it was taught by Rabbi that [the prohibition to marry the] sister of a divorced wife is pentateuchal [and that of] the sister of a haluzah is Rabbinical. HAD BETROTHED [THE SISTER OF THE] WIDOW WHO WAS AWAITING THE LEVIR'S DECISION etc. Samuel said: The halachah is in agreement with the view of R. Judah b. Bathyra. The question was raised: If his wife died may he marry his sister-in-law? — Both Rab and R. Hanina stated: If his wife died he is permitted to marry his sister-in-law. But both Samuel and R. Assi stated: If his wife died he is forbidden to marry his sister-in-law. Said Raba: What is Rab's reason? — Because she is a deceased brother's wife who was permitted then forbidden and then again permitted and who consequently reverts to her first state of permissibility. R. Hamnuna raised an objection: 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 the widow a ma'amar, and then the second brother died, and after him his wife also died, that sister-in-law must perform halizah but may not be taken in levirate marriage. But why? Let her be regarded as a deceased brother's wife who was permitted then forbidden, and then again permitted who reverts to her former state of permissibility! He remained silent. After the other went out he said: I should have told him that it represents the view of R. Eleazar who maintains that once she has been forbidden to him for one moment she is forbidden to him for ever! Subsequently he remarked: It might be contended that R. Eleazar held that view only where she was not fit at the time she became subject to the levirate marriage; did he express such an opinion, however, in the case where she was fit at the time she became subject to the levirate marriage? Subsequently however, he said: Yes, for, surely, it was taught: R. Eleazar said: If his yebamah died, his wife is permitted to him; if his wife died, that yebamah must perform halizah but may not be taken in levirate marriage. Must it then be assumed that Samuel and R. Assi are of the same opinion as R. Eleazar? — The may be said to be in agreement even with the Rabbis. For the Rabbis differed from R. Eleazar only because from the time she became subject to the levirate marriage and onward she was no longer forbidden to him. Here, however, where she was so forbidden even the Rabbis agree. MISHNAH. THE DECEASED BROTHER'S WIFE SHALL NEITHER PERFORM THE HALIZAH NOR CONTRACT LEVIRATE MARRIAGE BEFORE THREE MONTHS HAVE PASSED. SIMILARLY ALL OTHER WOMEN SHALL BE NEITHER BETROTHED NOR MARRIED BEFORE THREE MONTHS HAVE PASSED WHETHER THEY WERE VIRGINS OR NON-VIRGINS, WHETHER DIVORCEES OR WIDOWS, WHETHER MARRIED OR BETROTHED. R. JUDAH SAID: THOSE WHO WERE MARRIED MAY BE BETROTHED [FORTHWITH], AND THOSE WHO WERE BETROTHED MAY EVEN BE MARRIED [FORTHWITH], WITH THE EXCEPTION OF THE BETROTHED WOMEN IN JUDAEA, BECAUSE THERE THE BRIDEGROOM WAS TOO INTIMATE WITH HIS BRIDE. R. JOSE SAID: ALL [MARRIED] WOMEN MAY BE BETROTHED [FORTHWITH] EXCEPTING THE WIDOW
Sefaria
Mesoret HaShas