## Yevamot Daf 10a

###### Yevamot 10a:1
[Yevamot 10a:1](https://torahapp.org/share/book/Yevamot/r/10a:1)

וְסִימָנָיךְ: מֵת, נוֹלַד, וְיִבֵּם. מֵת, נוֹלַד, וְיִבֵּם.

**William Davidson Edition - English:**
**And your mnemonic** to remember how this might occur is as follows: **Died, was born, entered into levirate marriage, died, was born, entered into levirate marriage.** In other words, there were several brothers, and one, Reuven, **died,** before another, Yissakhar, **was born, and** another brother, Shimon, **entered into levirate marriage** with the deceased’s wife, and there was another brother, Levi, who **died** as well, and yet another brother, Zevulun, **was born, and** a sixth brother, Yehuda, **entered into levirate marriage** with the deceased’s wife. In this case, if Shimon and Yehuda were to die childless, their wives would come before the surviving brothers, Yissakhar and Zevulun, for levirate marriage. To one of them, Yissakhar, the wife of the first brother, Reuven, is prohibited, and for the other brother, Zevulun, the wife of the second brother, Levi, is likewise prohibited. 
This is an example of the type of case analyzed in the third chapter, in which the ruling is that the woman who is forbidden to this brother is permitted to that one, and she who is forbidden to this one is permitted to that one. In any case, Rabbi Ḥiyya incorporates the opinion of Rabbi Shimon into this principle, as he maintains that this scenario can apply to each case stated in the mishna. If so, the mishna evidently does deal with disputed legal rulings. How, then, can Rabbi Yehuda HaNasi claim that the cases of the mishna are unanimous?


###### Yevamot 10a:2
[Yevamot 10a:2](https://torahapp.org/share/book/Yevamot/r/10a:2)

אֶלָּא לְרַבִּי הָנֵי כְּלָלֵי לֵית לֵיהּ. רַב אַדָּא קַרְחִינָא קַמֵּיהּ דְּרַב כָּהֲנָא אָמַר מִשְּׁמֵיהּ דְּרָבָא: לְעוֹלָם אִית לֵיהּ לְרַבִּי הָנֵי כְּלָלֵי, וְהָכִי קָאָמַר לֵיהּ: אִמּוֹ אֲנוּסַת אָבִיו — בַּחֲדָא מַשְׁכַּחַתְּ לַהּ, בְּתַרְתֵּי לָא קָמַשְׁכַּחַתְּ לַהּ.

**William Davidson Edition - English:**
§ **Rather, Rabbi** Yehuda HaNasi **does not hold** in accordance with **these general statements** applied by Rabbi Ḥiyya, and therefore he maintains that no issue subject to dispute was taught in the mishna. **Rav Adda Karḥina,** who was sitting **before Rav Kahana, said in the name of Rava: Actually,** one can explain that **Rabbi does hold** in accordance with **these general statements** laid out by Rabbi Ḥiyya. **And this is what** he **said** to Levi: In the case of **his mother** who had been **raped by his father, you find this** case **with** only **one** of the women; however, **you cannot find it with two.** In other words, the terms mentioned by Rabbi Ḥiyya above: She who is forbidden to this one is permitted to that one, and: A sister who is a sister-in-law performs either *ḥalitza* or levirate marriage, apply only partly to this complex case.


###### Yevamot 10a:3
[Yevamot 10a:3](https://torahapp.org/share/book/Yevamot/r/10a:3)

אִי יַעֲקֹב שְׁתֵּי אֲחָיוֹת אָנַס, אֲחוֹתָהּ שֶׁהִיא יְבִמְתָּהּ — מַשְׁכַּחַתְּ לַהּ, הָאֲסוּרָה לָזֶה מוּתֶּרֶת לָזֶה — לָא מַשְׁכַּחַתְּ.

**William Davidson Edition - English:**
The Gemara elaborates: **If Ya’akov,** the father, **raped two sisters** who gave birth to two sons, and he had two other sons who married these raped sisters and died, in this scenario **you find** a case of **her sister who is her sister-in-law,** as there is a *yevama* who comes before one of the brothers who is a forbidden relative and also a sister and a sister-in-law of another *yevama*. However, **you cannot find** the principle of: **She who is forbidden to this one is permitted to that one.** Although it is possible that one’s brother’s wife who is one’s mother might come before one for levirate marriage, just as he is forbidden to his mother, he is likewise forbidden to his mother’s sister.


###### Yevamot 10a:4
[Yevamot 10a:4](https://torahapp.org/share/book/Yevamot/r/10a:4)

וְאִי שְׁתֵּי נׇכְרִיּוֹת אָנַס, הָאֲסוּרָה לָזֶה מוּתֶּרֶת לָזֶה — מַשְׁכַּחַתְּ לַהּ, אֲחוֹתָהּ שֶׁהִיא יְבִמְתָּהּ — לָא מַשְׁכַּחַתְּ לַהּ.

**William Davidson Edition - English:**
**And if** the father **raped two unrelated women,** who gave birth to two sons and then married two other sons of the same father who subsequently died, **you find** the case of: **She who is forbidden to this one is permitted to that one,** as each of the two raped women comes before one of the brothers for levirate marriage while she is forbidden to the other as his mother. However, **you do not find** a situation of: **Her sister who is her sister-in-law.** Therefore, the case of one’s mother who was raped by one’s father cannot be included in the list of the mishna, as the characteristics stated by Rabbi Ḥiyya do not apply to this case.


###### Yevamot 10a:5
[Yevamot 10a:5](https://torahapp.org/share/book/Yevamot/r/10a:5)

רַב אָשֵׁי אָמַר: לְעוֹלָם לֵית לֵיהּ לְרַבִּי הָנֵי כְּלָלֵי, וּבִפְלוּגְתָּא קָמַיְירֵי, וּמַאי ״כִּמְדוּמֶּה אֲנִי שֶׁאֵין לוֹ מוֹחַ בְּקׇדְקֳדוֹ״ דְּקָאָמַר לֵיהּ —

**William Davidson Edition - English:**
§ **Rav Ashi stated** a different explanation: **Actually, Rabbi** Yehuda HaNasi **does not hold** in accordance with **these general statements** of Rabbi Ḥiyya, **and** the mishna **does deal with** *halakhot* that are in **dispute.** According to his opinion, **what is** the meaning of the phrase: **It seems to me that he has no brain in his head, that** Rabbi Yehuda HaNasi **said to** Levi?


###### Yevamot 10a:6
[Yevamot 10a:6](https://torahapp.org/share/book/Yevamot/r/10a:6)

הָכִי קָאָמַר לֵיהּ: מַאי טַעְמָא לָא דָּיְיקַתְּ מַתְנִיתִין? דְּמַתְנִיתִין רַבִּי יְהוּדָה הִיא [דְּאָסַר בַּאֲנוּסַת אָבִיו].

**William Davidson Edition - English:**
According to Rav Ashi, **this is what** Rabbi Yehuda HaNasi **said** to Levi: **What is the reason** that **you were not precise** in your interpretation of **the mishna? As the mishna is** in accordance with the opinion of **Rabbi Yehuda, who prohibited** the case **of a woman** who was **raped by one’s father.** Accordingly, the rulings of the mishna cannot be attributed to any opinion that is not in line with that of Rabbi Yehuda. What is the proof that this mishna is indeed in accordance with the opinion of Rabbi Yehuda?


###### Yevamot 10a:7
[Yevamot 10a:7](https://torahapp.org/share/book/Yevamot/r/10a:7)

דְּקָתָנֵי: שֵׁשׁ עֲרָיוֹת חֲמוּרוֹת מֵאֵלּוּ, מִפְּנֵי שֶׁהֵן נְשׂוּאוֹת לַאֲחֵרִים צָרוֹתֵיהֶן מוּתָּרוֹת: אִמּוֹ, וְאֵשֶׁת אָבִיו, וַאֲחוֹת אָבִיו. מַאי אִמּוֹ? אִילֵּימָא נְשׂוּאַת אָבִיו — הַיְינוּ אֵשֶׁת אָבִיו!

**William Davidson Edition - English:**
**As it teaches** in the next mishna: **Six** women **with whom relations are forbidden are more severe than these** enumerated in the previous mishna, **because they** may **marry** only **others** and can never be married to any of the brothers, and therefore **their rival wives are permitted.** These women include: **His mother, his father’s wife, and his father’s sister.** Rav Ashi infers: **What is** the meaning of: **His mother? If we say** that this mother is **married to his father,** then **this is the same** case as: **His father’s wife,** which would mean that the mishna lists only five cases, not six.


###### Yevamot 10a:8
[Yevamot 10a:8](https://torahapp.org/share/book/Yevamot/r/10a:8)

אֶלָּא לָאו — אֲנוּסַת אָבִיו. וְקָתָנֵי: מִפְּנֵי שֶׁהֵן נְשׂוּאוֹת לַאֲחֵרִים: לַאֲחֵרִים אִין, לָאַחִין לָא. מַאן שָׁמְעַתְּ לֵיהּ דְּאִית לֵיהּ הַאי סְבָרָא — רַבִּי יְהוּדָה, דְּאָסַר בַּאֲנוּסַת אָבִיו. מִשּׁוּם הָכִי לָא תָּנֵי לֵיהּ.

**William Davidson Edition - English:**
**Rather, is it not** referring to **a woman raped by his father? And it is taught** in the mishna that the *halakhot* of levirate marriage do not apply to them **because they may marry** only **others,** which indicates: **Others, yes; the brothers, no.** Since each of the brothers are sons of the same father, each one is prohibited from marrying the mother of one of the other brothers, as although she is not his mother, she is nevertheless a woman raped by his father, whom one may not marry. **Who did you hear who holds** in accordance with **this conclusion** that a woman raped by one’s father is prohibited to all his sons? It is **Rabbi Yehuda who prohibits a woman raped by his father. Due to that** reason the case of a woman raped by one’s father **was not taught** in the first mishna.


###### Yevamot 10a:9
[Yevamot 10a:9](https://torahapp.org/share/book/Yevamot/r/10a:9)

אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי: לְרַבִּי יְהוּדָה נָמֵי מַשְׁכַּחַתְּ לַהּ — דְּאִי עֲבַר וּנְסֵיב? ״דְּאִי״ לָא קָתָנֵי.

**William Davidson Edition - English:**
**Ravina said to Rav Ashi: Even according to** the opinion of **Rabbi Yehuda you** can **find this** possibility that a woman raped by a father comes before the son for levirate marriage. **What if one** of the brothers **transgressed and married** a woman raped by his father? Even Rabbi Yehuda concedes that this is a violation of a regular prohibition that does not incur *karet*, and therefore the marriage is valid. Consequently, if this brother died childless, this woman would come before her son for levirate marriage. The Gemara rejects this proof: The *tanna* **does not teach** cases of **what if,** i.e., the mishna does not cite an example that could result only from a transgression.


###### Yevamot 10a:10
[Yevamot 10a:10](https://torahapp.org/share/book/Yevamot/r/10a:10)

אֲמַר לֵיהּ רַב אָשֵׁי לְרַב כָּהֲנָא, בְּלָא ״דְּאִי״ נָמֵי מַשְׁכַּחַתְּ לַהּ: יַעֲקֹב אָנַס כַּלָּתוֹ וְהוֹלִיד מִמֶּנָּה בֵּן, וּמֵת [רְאוּבֵן] בְּלֹא בָּנִים. וּנְפַלָה לַהּ קַמֵּי בְּרַהּ, וּמִיגּוֹ דְּאִיהִי אֲסִירָה — צָרָתָהּ נָמֵי אֲסִירָה.

**William Davidson Edition - English:**
**Rav Ashi said to Rav Kahana: Even without** a hypothetical: **What if, you** can **find** an example of a woman raped by a father who is not forbidden to the son in marriage. How so? **Ya’akov,** the father, **raped his daughter-in-law, from whom he fathered a son. And** the son, **Reuven,** the husband of the daughter-in-law, **died childless. And** as Ya’akov had two sons, the deceased Reuven and a son by Reuven’s wife whom Ya’akov had raped, Reuven’s wife **would** then **come before her son** for levirate marriage. **And since she is forbidden, her rival wife is also forbidden.** Consequently, a case of this kind is possible without the levirate marriage resulting from an illicit marriage.


###### Yevamot 10a:11
[Yevamot 10a:11](https://torahapp.org/share/book/Yevamot/r/10a:11)

אֲמַר לֵיהּ: בְּאַחְוָתָה דְּהֶתֵּירָא קָמַיְירֵי, בְּאַחְוָתָה דְּאִיסּוּרָא לָא קָמַיְירֵי. וְאַף עַל פִּי כֵן, בַּדְקַהּ לֵוִי בְּמַתְנִיתֵיהּ.

**William Davidson Edition - English:**
Rav Kahana **said to** Rav Ashi: The mishna **deals with** cases of **legitimate brothers,** whereas **it does not deal with cases of illegitimate brothers.** The offspring of a man who rapes his daughter-in-law is a *mamzer*, and cases of this kind are not discussed in the mishna. The Gemara comments: **Nevertheless,** despite Rabbi Yehuda HaNasi’s criticism, **Levi established this** additional possibility of a woman raped by one’s father **in his *mishnayot*.**


###### Yevamot 10a:12
[Yevamot 10a:12](https://torahapp.org/share/book/Yevamot/r/10a:12)

דְּתָנֵי לֵוִי: אִמּוֹ, פְּעָמִים פּוֹטֶרֶת צָרָתָהּ, וּפְעָמִים אֵינָהּ פּוֹטֶרֶת צָרָתָהּ. כֵּיצַד? הָיְתָה אִמּוֹ נְשׂוּאַת אָבִיו, וְנִשֵּׂאת לְאָחִיו מֵאָבִיו, וּמֵת — זוֹ הִיא אִמּוֹ שֶׁאֵין פּוֹטֶרֶת צָרָתָהּ.

**William Davidson Edition - English:**
**As Levi taught** in his *baraita*: With regard to the case of **his mother, at times she exempts her rival wife, and at** other **times she does not exempt her rival wife**. **How so?** If **his mother was married to his father and** after his father’s death she illicitly **married** her son’s **paternal brother, who** then **died, this is** a case of: **His mother who does not exempt her rival wife.** The reason is that her marriage to his brother does not take effect at all, as it was forbidden on pain of *karet*. Since this marriage never occurred, only the other wife, the so-called rival wife, is considered a wife of the brother, and she may enter into levirate marriage.