1 Is it not possible [that he referred] to the ruling 'DOES NOT DISQUALIFY'! Or else [it might be argued], whence is it proved that R. Huna's explanation is tenable? Is it not possible that R. Huna's explanation is altogether untenable and that they differ on the ruling of R. Hamnuna who stated that 'A woman awaiting the decision of the levir, who played the harlot, is forbidden to her levir'; Rab maintaining that she 'has the status of a married woman' and is consequently prohibited by reason of her immoral act, while Samuel maintains that 'she has not the status of a married woman' and does not therefore, become prohibited by reason of her immoral act? Or else [it might be replied] that they differ on the question whether betrothal of a sister-in-law is valid, Rab maintaining that she 'has the status of a married woman' and betrothal with her is, in consequence, invalid, while Samuel maintains that 'she has not the status of a married woman' and betrothal with her is, therefore, valid. But on this question they had already disputed once! — The one was stated as an inference from the other. MISHNAH. IF A MAN WAS TOLD 'YOUR WIFE IS DEAD AND HE MARRIED HER PATERNAL SISTER; [AND WHEN HE WAS TOLD] 'SHE ALSO IS DEAD', HE MARRIED HER MATERNAL SISTER; SHE TOO IS DEAD, AND HE MARRIED HER PATERNAL SISTER; 'SHE ALSO IS DEAD, AND HE MARRIED HER MATERNAL SISTER; AND LATER IT WAS FOUND THAT THEY WERE ALL ALIVE, HE IS PERMITTED TO LIVE WITH THE FIRST, THIRD AND FIFTH, WHO ALSO EXEMPT THEIR RIVALS; BUT HE IS FORBIDDEN TO LIVE WITH THE SECOND OR THE FOURTH, AND COHABITATION WITH ONE OF THESE DOES NOT EXEMPT HER RIVAL. IF, HOWEVER, HE COHABITED WITH THE SECOND AFTER THE DEATH OF THE FIRST, HE IS PERMITTED TO LIVE WITH THE SECOND AND FOURTH, WHO ALSO EXEMPT THEIR RIVALS; BUT HE IS FORBIDDEN TO LIVE WITH THE THIRD AND WITH THE FIFTH, AND COHABITATION WITH ONE OF THESE DOES NOT EXEMPT HER RIVAL. A BOY OF THE AGE OF NINE YEARS AND ONE DAY RENDERS [HIS SISTER-IN-LAW] UNFIT [FOR MARRIAGE] WITH HIS BROTHERS, AND HIS BROTHERS RENDER HER UNFIT FOR HIM, BUT WHILE HE RENDERS HER UNFIT FROM THE OUTSET ONLY, THE BROTHERS RENDER HER UNFIT BOTH FROM THE OUTSET AND AT THE END. IN WHAT MANNER? A BOY OF THE AGE OF NINE YEARS AND ONE DAY WHO COHABITED WITH HIS SISTER-IN-LAW RENDERS HER UNFIT [FOR MARRIAGE] WITH HIS BROTHERS; THE BROTHERS, HOWEVER, RENDER HER UNFIT FOR HIM WHETHER THEY COHABITED WITH HER, ADDRESSED TO HER A MA'AMAR, GAVE HER A LETTER OF DIVORCE OR SUBMITTED TO HER HALIZAH. GEMARA. Did not all those [marriages take place] after the death of the first wife! — R. Shesheth replied: [By this was meant]. AFTER THE ASCERTAINED DEATH OF THE FIRST WIFE. A BOY OF THE AGE OF NINE YEARS etc. Does a boy of the age of nine years and one day cause unfitness [only where his act took place] at the outset, but if at the end he causes no unfitness? Surely R. Zebid son of R. Oshaia learnt: If [a brother] addressed a ma'amar to his sister-in-law, his brother of the age of nine years and one day, cohabiting with her afterwards, causes her to be unfit [for marriage with him]! — It may be replied: Cohabitation causes unfitness even [if it took place] at the end, while a ma'amar causes unfitness [only if it was addressed] at the outset, but if at the end, it causes no unfitness. But does cohabitation cause unfitness even [if it took place] at the end? Surely it was taught: BUT WHILE HE RENDERS HER UNFIT FROM THE OUTSET ONLY, THEY [RENDER HER UNFIT] BOTH FROM THE OUTSET AND AT THE END. IN WHAT MANNER? A BOY OF THE AGE OF NINE YEARS AND ONE DAY WHO COHABITED WITH HIS SISTER-IN-LAW etc! — Something, indeed, is here missing, and this is the proper reading: 'A BOY OF THE AGE OF NINE YEARS AND ONE DAY RENDERS [HIS SISTER-IN-LAW] UNFIT [FOR MARRIAGE WITH HIS BROTHERS, if his action took place] AT THE OUTSET, but they RENDER HER UNFIT FOR HIM BOTH AT THE OUTSET AND AT THE END. This is applicable only in the case of a ma'amar, but cohabitation causes unfitness even [if it took place] at the end. IN WHAT MANNER? A BOY OF THE AGE OF NINE YEARS AND ONE DAY WHO COHABITED WITH HIS SISTER-IN-LAW RENDERS HER UNFIT FOR MARRIAGE WITH HIS BROTHERS. Has his ma'amar, however, any validity at all? Surely it was taught: A boy of the age of nine years and one day renders [his sister-in-law] unfit for his brothers by one kind of act only, while the brothers render her unfit for him by four kinds of acts. He renders her unfit for the brothers by cohabitation, while the brothers render her unfit for him by cohabitation, by a ma'amar, by a letter of divorce and by halizah! — Cohabitation, which causes unfitness both from the outset and at the end, presented to him a definite law, [the law of the] ma'amar, however, which causes unfitness front the outset only but not at the end, could not be regarded by him as definite. So it was also stated: Rab Judah said in the name of Samuel: He has [the power to give] a letter of divorce. And so said R. Tahlifa b. Abimi: He has [the power to address] a ma'amar. It was taught likewise: He has [the right to give] a letter of divorce and he has [the right to address] a ma'amar; so R. Meir. Could R. Meir, however, hold the view [that such a boy] has [the power to give] a letter of divorce? Surely it was taught: Cohabitation with a boy of the age of nine years [and one day] was given the same validity as that of a ma'amar by an adult; and R. Meir said: The halizah of a boy of the age of nine years was given the same validity as that of a letter of divorce by an adult. Now, if that were so, it should have been stated, 'As that of his own letter of divorce'! — R. Huna son of R. Joshua replied: He has [the right], but [his divorce is of a] lesser validity. For according to R. Gamaliel who ruled that there is no [validity in a] letter of divorce after another letter of divorce, his ruling is applicable only [in the case of a divorce] by an adult after that of an adult, or one by a minor after that of a minor, but [a divorce] by an adult after that of a minor is effective, while according to the Rabbis who ruled that a letter of divorce given after another letter of divorce is valid, the ruling applies only to [a divorce] by adult after that of an adult, or one by a minor after that of a minor, but [a divorce by] a minor after [that of] an adult is not effective.ᵃᵇᶜᵈᵉᶠᵍʰⁱʲᵏˡᵐⁿᵒᵖᵠʳˢᵗᵘᵛʷˣʸᶻᵃᵃᵃᵇᵃᶜᵃᵈᵃᵉᵃᶠᵃᵍᵃʰᵃⁱᵃʲᵃᵏᵃˡᵃᵐᵃⁿᵃᵒᵃᵖᵃᵠᵃʳᵃˢᵃᵗᵃᵘᵃᵛᵃʷᵃˣᵃʸᵃᶻᵇᵃᵇᵇᵇᶜᵇᵈᵇᵉ
2 MISHNAH. IF A BOY OF THE AGE OF NINE YEARS AND ONE DAY COHABITED WITH HIS SISTER-IN-LAW AND THEN HIS BROTHER WHO WAS OF THE AGE OF NINE YEARS AND ONE DAY COHABITED WITH HER, [THE LATTER] RENDERS HER UNFIT FOR [THE FORMER]. R. SIMEON SAID: HE DOES NOT RENDER HER UNFIT. IF A BOY OF THE AGE OF NINE YEARS AND ONE DAY COHABITED WITH HIS SISTER-IN-LAW AND AFTERWARDS HE COHABITED WITH HER RIVAL, HE HAS RENDERED [THEREBY THE FIRST AS WELL AS THE SECOND] UNFIT FOR MARRIAGE WITH HIMSELF. R. SIMEON SAID: HE DOES NOT RENDER [THEM] UNFIT. GEMARA. It was taught: R. Simeon said to the Sages, 'If the first cohabitation was a valid act, the second cohabitation cannot have any validity; if, the first cohabitation, however, has no validity, the second cohabitation also should have no validity'. Our Mishnah cannot represent the view of Ben 'Azzai; for it was taught: Ben 'Azzai stated, 'A ma'amar is valid after another ma'amar where it concerns two levirs and one sister-in-law, but no ma'amar is valid after a ma'amar where it concerns two sisters-in-law and one levir.' MISHNAH. IF A BOY OF THE AGE OF NINE YEARS AND ONE DAY COHABITED WITH HIS SISTER-IN-LAW AND THEN DIED, SHE MUST PERFORM HALIZAH BUT MAY NOT CONTRACT THE LEVIRATE MARRIAGE. IF HE HAD MARRIED [ANY OTHER] WOMAN AND SUBSEQUENTLY DIED, SHE IS EXEMPT [FROM BOTH]. IF A BOY OF THE AGE OF NINE YEARS AND ONE DAY COHABITED WITH HIS SISTER-IN-LAW, AND AFTER HE HAD COME OF AGE HE MARRIED ANOTHER WOMAN AND SUBSEQUENTLY DIED, IF HE HAD NOT [CARNALLY] KNOWN THE FIRST WOMAN AFTER HE HAD BECOME OF AGE, THE FIRST ONE MUST PERFORM HALIZAH BUT MAY NOT CONTRACT THE LEVIRATE MARRIAGE, WHILE THE SECOND MAY EITHER PERFORM HALIZAH OR CONTRACT LEVIRATE MARRIAGE. R. SIMEON SAID: [THE SURVIVING LEVIR] MAY CONTRACT LEVIRATE MARRIAGE WITH WHICHEVER OF THEM HE MAY DESIRE AND SUBMITS TO HALIZAH FROM THE OTHER. [THE SAME LAW APPLIES] WHETHER HE IS OF THE AGE OF NINE YEARS AND ONE DAY, OR WHETHER HE IS OF THE AGE OF TWENTY YEARS BUT HAD NOT PRODUCED TWO PUBIC HAIRS. GEMARA. Raba stated: With reference to the statement of the Rabbis that in the case of the levirate bond originating from two levirs [the sister-in-law] must perform halizah only but may not contract levirate marriage, it must not be assumed that this is applicable only where there is a rival, because [in that case] a preventive measure was necessary on account of the rival; for here there is no rival and yet [the sister-in-law] must perform halizah only but may not contract the levirate marriage. IF HE HAD MARRIED [ANY OTHER] WOMAN AND SUBSEQUENTLY DIED etc. Here we learned what the Rabbis taught: If an imbecile or a minor married and then died, their wives are exempt from halizah and from the levirate marriage. A BOY OF THE AGE OF NINE YEARS etc. AND AFTER HE HAD COME OF AGE etc. Let the cohabitation of the boy of nine be given the same validity as that of a ma'amar by an adult, and so let the rival [here] be debarred from the levirate marriage! — Now said Rab: The cohabitation of a boy of nine was not given the same validity as that of a ma'amar by an adult. Samuel, however, said: It was certainly given the same validity: and so said R. Johanan: It certainly was given the same validity. Then let the same validity be given here also! — This [question is a matter of dispute between] Tannaim. That Tanna [whose ruling is contained in the chapter] of the 'Four Brothers' enacted a preventive measure on account of the rival; and though he stated the law in respect of an adult the same law is applicable to a minor, the reason why he mentioned the adult being only because he was engaged on the question of the adult. The Tanna here however, is of the opinion that they were given the same validity, and he enacted no preventive measure on account of the rival; and though he spoke of the minor the same law applies to an adult, the reason why he spoke of the minor being only because he was dealing with the minor. R. Eleazar came and reported this statement at the schoolhouse but did not report it in the name of R. Johanan. When R. Johanan heard this he was annoyed. Thereupon R. Ammi and R. Assi came in and said to him: Did it not happen at the Synagogue of Tiberias that R. Eleazar and R. Jose disputed [so hotly] concerning a door bolt which had a knob at one end that they tore a Scroll of the Law in their excitement. 'They tore? Could this be imagined! Say rather 'That a Scroll of the Law was torn in their excitement'. R. Jose b. Kisma who was then present exclaimed, 'I shall be surprised if this Synagogue is not turned into a house of idolatry', and so it happened. [On hearing this] he was annoyed all the more. 'Comradeship too' he exclaimed. Thereupon R. Jacob b. Idi came in and said to him: 'As the Lord commanded Moses his servant, so did Moses command Joshua, and so did Joshua; he left nothing undone of all that the Lord commanded Moses; did Joshua, then, concerning every word which he said, tell them, "Thus did Moses tell me"? But, the fact is that Joshua was sitting and delivering his discourse without mentioning names, and all knew that it was the Torah of Moses. So did your disciple R. Eleazar sit and deliver his discourse without mentioning names and all knew that it was yours'. 'Why', he chided them, are you not capable of conciliating like the son of Idi our friend?' Why was R. Johanan so annoyed? — [For the following reason]. For Rab Judah stated in the name of Rab: What is the meaning of the Scriptural text, I will dwell in Thy tent for ever? Is it possible for a man to dwell in two worlds! But [in fact it is this that] David said to the Holy One, blessed be He, 'Lord of the Universe, May it be Thy will ᵇᶠᵇᵍᵇʰᵇⁱᵇʲᵇᵏᵇˡᵇᵐᵇⁿᵇᵒᵇᵖᵇᵠᵇʳᵇˢᵇᵗᵇᵘᵇᵛᵇʷᵇˣᵇʸᵇᶻᶜᵃᶜᵇᶜᶜᶜᵈᶜᵉᶜᶠᶜᵍᶜʰᶜⁱᶜʲᶜᵏᶜˡᶜᵐᶜⁿᶜᵒᶜᵖᶜᵠᶜʳᶜˢᶜᵗᶜᵘᶜᵛᶜʷᶜˣᶜʸᶜᶻᵈᵃᵈᵇᵈᶜᵈᵈ