## Yevamot Daf 32a

###### Yevamot 32a:1
[Yevamot 32a:1](https://torahapp.org/share/book/Yevamot/r/32a:1)

וּמִקְצָתוֹ חָלוּץ.

**William Davidson Edition - English:**
**and part of it** must **be released by *ḥalitza*.** That is, if two women were married to a single man, one of these women must enter into levirate marriage and the other must perform *ḥalitza*.


###### Yevamot 32a:2
[Yevamot 32a:2](https://torahapp.org/share/book/Yevamot/r/32a:2)

וְיֹאמְרוּ! אִי דִּמְיַיבֵּם וַהֲדַר חָלֵיץ — הָכִי נָמֵי.

**William Davidson Edition - English:**
The Gemara wonders: **So let them say** it. Why would it be problematic if people thought that? Even were they to act upon this mistaken assumption it would cause no harm, as there is no transgression involved in performing *ḥalitza*. The Gemara answers: **If he were to consummate the levirate marriage** with one and then later **proceed to perform *ḥalitza*** with the other, then **indeed** there would be no reason for concern.


###### Yevamot 32a:3
[Yevamot 32a:3](https://torahapp.org/share/book/Yevamot/r/32a:3)

אֶלָּא גְּזֵירָה דִּילְמָא חָלֵיץ בְּרֵישָׁא וַהֲדַר מְיַיבֵּם, וְקָם לֵיהּ בַּ״אֲשֶׁר לֹא יִבְנֶה״, וְרַחֲמָנָא אָמַר: כֵּיוָן שֶׁלֹּא בָּנָה — שׁוּב לֹא יִבְנֶה.

**William Davidson Edition - English:**
**Rather,** the requirement to perform *ḥalitza* with both women is a rabbinic **decree** that was instituted **lest he first perform *ḥalitza*** with one of his brother’s wives **and subsequently consummate the levirate marriage** with the other. Under such circumstances, he would in fact be violating a prohibition. Once he performs *ḥalitza* with the first woman **he is subject to** the prohibition indicated by the verse “So shall it be done to the man **who does not build** his brother’s house” (Deuteronomy 25:9). In this verse **the Merciful One states** that **once he did not build** his brother’s house but rather opted to perform *ḥalitza* with one of his brother’s wives, **he may not proceed to build** it by consummating the levirate marriage with a different wife.


###### Yevamot 32a:4
[Yevamot 32a:4](https://torahapp.org/share/book/Yevamot/r/32a:4)

אָמַר רָבָא: נָתַן גֵּט לְמַאֲמָרוֹ — הוּתְּרָה צָרָתָהּ. אֲבָל הִיא אֲסוּרָה, דְּמִחַלְּפָה בְּבַעֲלַת גֵּט.

**William Davidson Edition - English:**
**Rava said:** If the brother who performed levirate betrothal in the case described in the mishna subsequently **gave a bill of divorce** to that wife in order to nullify **his levirate betrothal** before he died, **her rival wife is rendered permitted** to the third brother. The third brother is allowed to consummate the levirate marriage with the wife of the second brother because this wife is no longer considered to be the rival wife of a woman with a double levirate relationship. The bill of divorce serves to nullify the act of levirate betrothal completely. **However,** the woman with whom the brother performed levirate betrothal and then received the bill of divorce **is forbidden** to the third brother. Why is this? **She might be confused with** a woman **who receives a bill of divorce.** In general cases where levirate betrothal was not performed, if a man gives a *yevama* a bill of divorce, he is no longer allowed to consummate the levirate marriage with her. If it were permitted to consummate the levirate marriage in this case, people might mistakenly do so in other cases of divorce as well.


###### Yevamot 32a:5
[Yevamot 32a:5](https://torahapp.org/share/book/Yevamot/r/32a:5)

אִיכָּא דְּאָמְרִי, אָמַר רָבָא: נָתַן גֵּט לְמַאֲמָרוֹ — הוּתְּרָה אֲפִילּוּ הִיא. מַאי טַעְמָא? מַאי דַּעֲבַד בַּהּ — שַׁקְלֵיהּ.

**William Davidson Edition - English:**
**There are** those **who say** an alternative formulation of Rava’s statement. **Rava said:** If the second brother **gave a bill of divorce** to the wife of the first deceased brother in order to nullify **his levirate betrothal** to her, then **even she** herself **is permitted** to enter into levirate marriage with the third brother. **What is the reason** for this? **That which he performed with her, he removed.** The levirate betrothal was completely nullified by the bill of divorce, and it is as though he had done nothing at all. Therefore, as far as the third brother is concerned, she remains with her original, single levirate bond, as though her status had never been changed by the second brother.


###### Yevamot 32a:6
[Yevamot 32a:6](https://torahapp.org/share/book/Yevamot/r/32a:6)

**מַתְנִי׳** שְׁנֵי אַחִין נְשׂוּאִין שְׁתֵּי אֲחָיוֹת, וּמֵת אֶחָד מֵהֶן, וְאַחַר כָּךְ מֵתָה אִשְׁתּוֹ שֶׁל שֵׁנִי — הֲרֵי זוֹ אֲסוּרָה עָלָיו עוֹלָמִית, הוֹאִיל וְנֶאֶסְרָה עָלָיו שָׁעָה אַחַת.

**William Davidson Edition - English:**
**MISHNA:** In the case where **two brothers were married to two sisters, and one of** the brothers **died,** the widow at this point would be exempt from levirate marriage as the sister of his wife. **And afterward the wife of the second** brother **died.** Although the *yevama* is no longer the sister of his wife, **this** woman **is nevertheless forbidden to him forever, since she had** already **been forbidden to him at one time.**


###### Yevamot 32a:7
[Yevamot 32a:7](https://torahapp.org/share/book/Yevamot/r/32a:7)

**גְּמָ׳** פְּשִׁיטָא! הַשְׁתָּא, וּמָה הָתָם דְּלָא מִידַּחְיָא מֵהַאי בֵּיתָא לִגְמָרֵי — אָמְרַתְּ לָא, הָכָא דְּקָא מִידַּחְיָא מֵהַאי בֵּיתָא לִגְמָרֵי — לָא כׇּל שֶׁכֵּן! תַּנָּא — הָא תְּנָא בְּרֵישָׁא, וְהָךְ חַזְיַאּ לְהֶיתֵּירָא וְשַׁרְיַאּ, וַהֲדַר חַזְיַאּ לְאִיסּוּרָא. וְאַיְּידֵי דְּחַבִּיבָה לֵיהּ אַקְדְּמַהּ, וּמִשְׁנָה לֹא זָזָה מִמְּקוֹמָהּ.

**William Davidson Edition - English:**
**GEMARA:** The Gemara asks: **Isn’t** this **obvious? Now, just as there,** in the earlier *mishnayot*, where there was a third brother and so the woman **was not disassociated from this household completely,** as the levirate obligation existed between her and the third brother to whom she was permitted, **you said** that **she may not** enter into levirate marriage because she was forbidden at one time, **here,** in the case of only two brothers, **where she is disassociated from this household completely,** is it **not all the more so** clear that it should be prohibited for her to enter into levirate marriage? The Gemara answers: **The *tanna* taught this** mishna **at first,** at which time **he saw it** fitting to rule that **those** other cases are **permitted, and** therefore he **permitted them. And then he** subsequently **saw it** fitting to rule that **they are forbidden. And since** that case was novel, **it was beloved to him, he taught it earlier.** But despite the fact that this mishna was no longer necessary, **the mishna does not move from its place.**


###### Yevamot 32a:8
[Yevamot 32a:8](https://torahapp.org/share/book/Yevamot/r/32a:8)

תָּנוּ רַבָּנַן: בָּא עָלֶיהָ — חַיָּיב עָלֶיהָ מִשּׁוּם אֵשֶׁת אָח, וּמִשּׁוּם אֲחוֹת אִשָּׁה, דִּבְרֵי רַבִּי יוֹסֵי. רַבִּי שִׁמְעוֹן אוֹמֵר: אֵינוֹ חַיָּיב אֶלָּא מִשּׁוּם אֵשֶׁת אָח בִּלְבַד. וְהָא תַּנְיָא, רַבִּי שִׁמְעוֹן אוֹמֵר: אֵינוֹ חַיָּיב אֶלָּא מִשּׁוּם אֲחוֹת אִשָּׁה בִּלְבָד!

**William Davidson Edition - English:**
§ **The Sages taught:** If **he engaged in sexual intercourse** with this woman who was forbidden to him, **he is liable** to receive punishment **for** violating the prohibition against marrying **a brother’s wife,** because she was never rendered permitted by the levirate mitzva, **and** he is liable to receive punishment **for** violating the prohibition against marrying **a wife’s sister;** this is **the statement of Rabbi Yosei. Rabbi Shimon says: He is liable** to receive punishment **only for** violating the prohibition proscribing **a brother’s wife.** Rabbi Shimon holds that one prohibition does not take effect where another prohibition is already in place, and since she was already forbidden as his brother’s wife, the additional prohibition cannot take effect. The Gemara asks: **But isn’t it taught** in a *baraita*, **Rabbi Shimon says: He is liable only due to** the prohibition against marrying **a wife’s sister?**


###### Yevamot 32a:9
[Yevamot 32a:9](https://torahapp.org/share/book/Yevamot/r/32a:9)

לָא קַשְׁיָא: כָּאן שֶׁנָּשָׂא חַי, וְאַחַר כָּךְ נָשָׂא מֵת. כָּאן שֶׁנָּשָׂא מֵת, וְאַחַר כָּךְ נָשָׂא חַי.

**William Davidson Edition - English:**
The Gemara answers: This is **not difficult. Here,** in the second *baraita*, it is referring to a case **where the living** brother **married** his wife first **and afterward the** brother who is now **deceased** married her sister. In that case, the first prohibition to take effect on the *yevama* was that of a wife’s sister, and only later, when she was married to his now-deceased brother, did the additional prohibition proscribing a brother’s wife take effect. **There,** in the first *baraita*, it is referring to a case **where the** brother who is now **deceased married** his wife first, whereby she became forbidden to the brother as a brother’s wife, **and afterward the living** brother **married** her sister, rendering her forbidden as his wife’s sister as well.


###### Yevamot 32a:10
[Yevamot 32a:10](https://torahapp.org/share/book/Yevamot/r/32a:10)

וְרַבִּי שִׁמְעוֹן, הֵיכָא דְּנָשָׂא מֵת וְאַחַר כָּךְ נָשָׂא חַי, כֵּיוָן דְּאִיסּוּר אֲחוֹת אִשָּׁה לָא חָיֵיל — תִּתְיַיבֵּם יַבּוֹמֵי!

**William Davidson Edition - English:**
The Gemara asks: **And** according to the opinion of **Rabbi Shimon,** in a case **where the deceased** brother **married** one of the sisters first, in which case she was forbidden to his brother as a brother’s wife, **and afterward the living** brother **married** her sister, the only prohibition in place is that of a brother’s wife. Therefore, **since the prohibition** with regard to **a wife’s sister never took effect,** then after her husband died **she should** now **enter into levirate marriage.** As the prohibition proscribing a brother’s wife is canceled in the face of the levirate mitzva, she should indeed enter into levirate marriage.


###### Yevamot 32a:11
[Yevamot 32a:11](https://torahapp.org/share/book/Yevamot/r/32a:11)

אָמַר רַב אָשֵׁי: אִיסּוּר אֲחוֹת אִשָּׁה מִיתְלָא תְּלֵי וְקָאֵי, אִי פָּקַע אִיסּוּר אֵשֶׁת אָח — אָתֵי אִיסּוּר אֲחוֹת אִשָּׁה וְחָיֵיל, וְהִילְכָּךְ לָא פָּקַע.

**William Davidson Edition - English:**
**Rav Ashi said: The prohibition** with regard to **a wife’s sister remains suspended. If the prohibition** proscribing **a brother’s wife is terminated, the prohibition** proscribing **a wife’s sister comes and takes effect. Therefore,** it is clear that the prohibition proscribing a wife’s sister **is not** completely **terminated.** Accordingly, when a man dies and the prohibition proscribing a brother’s wife is overridden by the levirate mitzva, the prohibition proscribing a wife’s sister takes effect and she is forbidden to him due to that. The moment the first prohibition ceases to exist, the second immediately takes effect.


###### Yevamot 32a:12
[Yevamot 32a:12](https://torahapp.org/share/book/Yevamot/r/32a:12)

וְסָבַר רַבִּי יוֹסֵי אִיסּוּר חָל עַל אִיסּוּר? וְהָא תַּנְיָא: עָבַר עֲבֵירָה שֶׁיֵּשׁ בָּהּ שְׁתֵּי מִיתוֹת — נִידּוֹן בַּחֲמוּרָה. רַבִּי יוֹסֵי אוֹמֵר: נִידּוֹן בַּזִּיקָּה הָרִאשׁוֹנָה הַבָּאָה עָלָיו.

**William Davidson Edition - English:**
The *baraita* indicates that Rabbi Yosei holds that if the brother consummated the levirate marriage with this woman he violated two prohibitions. The Gemara asks: **And** does **Rabbi Yosei hold** that **a prohibition takes effect** where another **prohibition** already exists? **But isn’t it taught** in a *baraita*: **One who committed a transgression deserving of two death penalties is sentenced to the harsher** of the two deaths? One would be guilty of such a transgression if he engaged in intercourse with a forbidden relative who was also a married woman, as he would incur one death penalty due to her being a forbidden relative and one death penalty due to her being a married woman. **Rabbi Yosei says: He is sentenced according to the first relationship that applied to him** with regard to this woman.


###### Yevamot 32a:13
[Yevamot 32a:13](https://torahapp.org/share/book/Yevamot/r/32a:13)

וְתַנְיָא: כֵּיצַד אָמַר רַבִּי יוֹסֵי נִידּוֹן בַּזִּיקָּה הָרִאשׁוֹנָה הַבָּאָה עָלָיו? חֲמוֹתוֹ וְנַעֲשֵׂית אֵשֶׁת אִישׁ — נִידּוֹן בַּחֲמוֹתוֹ. אֵשֶׁת אִישׁ וְנַעֲשֵׂית חֲמוֹתוֹ — נִידּוֹן בְּאֵשֶׁת אִישׁ.

**William Davidson Edition - English:**
**And it is taught** in a *baraita*: **In what case did Rabbi Yosei say that he is sentenced according to the first relationship that applied to him?** If this woman was **his mother-in-law** who was widowed or divorced, and therefore forbidden to him only due to her status as his mother-in-law, and later she married **and became** forbidden as **a married woman** and he engaged in sexual relations with her, then **he is sentenced for** violating the prohibition proscribing **his mother-in-law,** since this was the first prohibition to apply. Alternatively, if she was **a married woman** and then he married her daughter so that she then **became his mother-in-law,** and then had sexual relations with her, **he is sentenced for** violating the prohibition proscribing **a married woman.**