## Yevamot Daf 41a

###### Yevamot 41a:1
[Yevamot 41a:1](https://torahapp.org/share/book/Yevamot/r/41a:1)

הָךְ דְּאָזְלָא בַּהֲדַהּ לְבֵי דִינָא, גְּזַרוּ בְּהוּ רַבָּנַן. הַאי דְּלָא אָזְלָא בַּהֲדַהּ לְבֵי דִּינָא, לָא גְּזַרוּ בְּהוּ רַבָּנַן.

**William Davidson Edition - English:**
The Gemara explains: With regard to **that** woman, the relative of the *ḥalutza*, **who** often **goes together with** the *ḥalutza* **to court,** since she is present in the court during the *ḥalitza*, people might mistakenly assume that it was she who actually performed *ḥalitza*. Were the *yavam* permitted to marry her rival wife, people might incorrectly conclude that it is permitted to marry the rival wife of one’s *ḥalutza*. To preclude this possibility, **the Sages decreed with regard to her** that her rival wife should be forbidden. However, with regard to **this** woman, the rival wife of the *ḥalutza*, **who does not go together with** the *ḥalutza* **to court,** since she is never present in the court during the *ḥalitza*, there is no concern that people will mistake her for the *ḥalutza* herself. Consequently, **the Sages did not** see any reason to **decree with regard to her** that her relatives should be forbidden.


###### Yevamot 41a:2
[Yevamot 41a:2](https://torahapp.org/share/book/Yevamot/r/41a:2)

**מַתְנִי׳** הַחוֹלֵץ לִיבִמְתּוֹ, וְנָשָׂא אָחִיו אֶת אֲחוֹתָהּ, וָמֵת — חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. וְכֵן הַמְגָרֵשׁ אֶת אִשְׁתּוֹ, וְנָשָׂא אָחִיו אֶת אֲחוֹתָהּ, וָמֵת — הֲרֵי זוֹ פְּטוּרָה.

**William Davidson Edition - English:**
**MISHNA:** In the case of a *yavam* **who performed *ḥalitza* with his *yevama* and** then **his brother married her sister and died,** the sister **performs *ḥalitza*** with the *yavam*, **but she may not enter into levirate marriage** with him, since as a sister of his *ḥalutza* she is forbidden to him. **And similarly,** in the case of **one who divorced his wife and his brother married her sister and died, then that** woman **is exempt** both from *ḥalitza* and from consummating levirate marriage, since as the sister of his former wife she is forbidden to him.


###### Yevamot 41a:3
[Yevamot 41a:3](https://torahapp.org/share/book/Yevamot/r/41a:3)

שׁוֹמֶרֶת יָבָם שֶׁקִּידֵּשׁ אָחִיו אֶת אֲחוֹתָהּ — מִשּׁוּם רַבִּי יְהוּדָה בֶּן בְּתִירָא אָמְרוּ, אוֹמְרִים לוֹ: הַמְתֵּן עַד שֶׁיַּעֲשֶׂה אָחִיךָ מַעֲשֶׂה.

**William Davidson Edition - English:**
In the case of **a widow waiting for her *yavam*** to consummate levirate marriage or perform *ḥalitza* with her, and the **brother of** the *yavam* **betrothed her sister, they said in the name of Rabbi Yehuda ben Beteira: They say to** the brother: **Wait** and do not marry the woman you betrothed **until your brother performs an act,** either of *ḥalitza* or of consummating the levirate marriage, as until he does there remains a levirate bond between the *yevama* and each of the brothers, and it is prohibited to marry the sister of a woman to whom one is bound by a levirate bond.


###### Yevamot 41a:4
[Yevamot 41a:4](https://torahapp.org/share/book/Yevamot/r/41a:4)

חָלַץ לָהּ אָחִיו אוֹ כְּנָסָהּ — יִכְנוֹס אֶת אִשְׁתּוֹ. מֵתָה הַיְּבָמָה — יִכְנוֹס אֶת אִשְׁתּוֹ. מֵת יָבָם — יוֹצִיא אֶת אִשְׁתּוֹ בְּגֵט, וְאֵשֶׁת אָחִיו בַּחֲלִיצָה.

**William Davidson Edition - English:**
If **a brother of** the one who betrothed the sister of the *yevama* **performed *ḥalitza* with** the *yevama* **or consummated a levirate marriage with her,** since by doing so the levirate bond between the *yevama* and the one who betrothed her sister is dissolved, **he may** then **enter into marriage** with **his wife,** who until that point was only betrothed to him, as she is no longer the sister of a woman to whom he is bound by a levirate bond. Similarly, if **the *yevama* died,** since his levirate bond to her is dissolved upon her death, **he may** proceed to **enter into marriage** with **his** betrothed **wife.** However, if the ***yavam* died** without performing an act that would have dissolved the levirate bond, **he must divorce his wife with a bill of divorce,** as she is forbidden to him as the sister of a woman to whom he is bound by a levirate bond, **and his brother’s wife** he must send out **with *ḥalitza*,** as she is forbidden to him as the sister of his divorcée.


###### Yevamot 41a:5
[Yevamot 41a:5](https://torahapp.org/share/book/Yevamot/r/41a:5)

**גְּמָ׳** מַאי ״וְכֵן״? אֵימָא: ״אֲבָל הַמְגָרֵשׁ״.

**William Davidson Edition - English:**
**GEMARA:** The mishna considers two cases in which there is no possibility of consummating levirate marriage with a *yevama*. In the first case the reason is that she is the sister of one’s *ḥalutza*, and in the second it is that she is the sister of one’s divorcée. The mishna appears to compare the two cases by introducing the second case with: And similarly. The Gemara questions this: **What is** the meaning of: **And similarly?** The two cases are not similar; in the first case the *yevama* must perform *ḥalitza*, and in the second she is entirely exempt from the need to do anything. The Gemara answers: Emend the mishna and **say: However, one who divorces.**


###### Yevamot 41a:6
[Yevamot 41a:6](https://torahapp.org/share/book/Yevamot/r/41a:6)

אָמַר רֵישׁ לָקִישׁ, כָּאן שָׁנָה רַבִּי: אֲחוֹת גְּרוּשָׁה מִדִּבְרֵי תוֹרָה, אֲחוֹת חֲלוּצָה מִדִּבְרֵי סוֹפְרִים.

**William Davidson Edition - English:**
The Gemara explains the reason for the difference between the two cases: **Reish Lakish said: Here,** through this mishna, **Rabbi** Yehuda HaNasi **taught** that **a sister of** one’s **divorcée** is forbidden to him **by Torah law,** and that is why she is entirely exempt, whereas **a sister of a *ḥalutza*** is forbidden to him only **by rabbinic law,** and therefore, since there is still a levirate bond between her and the *yavam*, she requires *ḥalitza* to release her from it.


###### Yevamot 41a:7
[Yevamot 41a:7](https://torahapp.org/share/book/Yevamot/r/41a:7)

שׁוֹמֶרֶת יָבָם שֶׁקִּידֵּשׁ וְכוּ׳. אָמַר שְׁמוּאֵל: הֲלָכָה כְּדִבְרֵי רַבִּי יְהוּדָה בֶּן בְּתֵירָא.

**William Davidson Edition - English:**
§ The mishna states that in the case of **a widow waiting for her *yavam*** where the brother of the *yavam* **betrothed** her sister, Rabbi Yehuda ben Beteira said that the brother may not proceed to marry his betrothed. The Gemara cites a ruling on this matter: **Shmuel said:** The ***halakha* is in accordance with the statement of Rabbi Yehuda ben Beteira.**


###### Yevamot 41a:8
[Yevamot 41a:8](https://torahapp.org/share/book/Yevamot/r/41a:8)

אִיבַּעְיָא לְהוּ: מֵתָה אִשְׁתּוֹ, מַהוּ בִּיבִמְתּוֹ? רַב וְרַבִּי חֲנִינָא דְּאָמְרִי תַּרְוַיְיהוּ: מֵתָה אִשְׁתּוֹ — מוּתָּר בִּיבִמְתּוֹ. שְׁמוּאֵל וְרַב אַסִּי דְאָמְרִי תַּרְוַיְיהוּ: מֵתָה אִשְׁתּוֹ — אָסוּר בִּיבִמְתּוֹ.

**William Davidson Edition - English:**
**A dilemma was raised before** the Sages: If a *yavam* is betrothed to the sister of his *yevama*, then since the *yevama* is his betrothed wife’s sister, it is forbidden for him to consummate a levirate marriage with her. However, if **his** betrothed **wife died, what is** the *halakha* **with regard to his *yevama*;** is he then permitted to consummate a levirate marriage with her? It is **Rav and Rabbi Ḥanina who both say:** If **his wife died, he is permitted to** consummate a levirate marriage with **his *yevama*.** Their opinion is disputed by **Shmuel and Rav Asi, who both say:** If **his wife died, he is forbidden to his *yevama*.**


###### Yevamot 41a:9
[Yevamot 41a:9](https://torahapp.org/share/book/Yevamot/r/41a:9)

אָמַר רָבָא: מַאי טַעְמָא דְּרַב — מִשּׁוּם דַּהֲוַאי יְבָמָה שֶׁהוּתְּרָה וְנֶאֶסְרָה, וְחָזְרָה וְהוּתְּרָה, תַּחְזוֹר לְהֶיתֵּירָהּ הָרִאשׁוֹן.

**William Davidson Edition - English:**
**Rava said: What is Rav’s reasoning?** She is permitted **due to** the fact that **she is a *yevama* who,** when her husband died, **was permitted** to the *yavam*, **and** then when the *yavam* betrothed her sister **she became forbidden** to him as his wife’s sister, **and then** when his wife died the *yevama* **reverted** to her original status **and was permitted** to him. As such, **she should** also **revert to her original permitted status** with regard to levirate marriage and be permitted to consummate a levirate marriage with the *yavam*.


###### Yevamot 41a:10
[Yevamot 41a:10](https://torahapp.org/share/book/Yevamot/r/41a:10)

מֵתִיב רַב הַמְנוּנָא: שְׁלֹשָׁה אַחִין, שְׁנַיִם נְשׂוּאִין שְׁתֵּי אֲחָיוֹת, וְאֶחָד מוּפְנֶה. מֵת אֶחָד מִבַּעֲלֵי אֲחָיוֹת, וְעָשָׂה בָּהּ מוּפְנֶה מַאֲמָר, וְאַחַר כָּךְ מֵת אָחִיו הַשֵּׁנִי,

**William Davidson Edition - English:**
**Rav Hamnuna raised an objection** from that which was taught in a *baraita*: With regard to a case of **three brothers, two** of whom **are married to two sisters and one** of whom **is a bachelor,** if **one of the sisters’ husbands died and the bachelor performed levirate betrothal** with that sister, **and afterward the second brother** who was married to the other sister **died,** and so his wife also happened before the bachelor for levirate marriage, the bachelor is then bound to each of the sisters through a levirate bond. In such a case it is prohibited for the bachelor to consummate a levirate marriage with either one, as it is prohibited to marry the sister of a woman to whom one is bound through a levirate bond.


###### Yevamot 41a:11
[Yevamot 41a:11](https://torahapp.org/share/book/Yevamot/r/41a:11)

וְאַחַר כָּךְ מֵתָה אִשְׁתּוֹ אַחֲרָיו — אוֹתָהּ יְבָמָה חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת.

**William Davidson Edition - English:**
**And** if **afterward the wife** of the second brother **died after him,** i.e., after her husband had already died, which restored the original situation in which the bachelor was bound by a levirate bond only to the widow of the first brother, then in such a case **that *yevama*,** the widow of the first brother, **performs *ḥalitza* but may not enter into levirate marriage.**


###### Yevamot 41a:12
[Yevamot 41a:12](https://torahapp.org/share/book/Yevamot/r/41a:12)

וְאַמַּאי? תֶּיהְוֵי כִּיבָמָה שֶׁהוּתְּרָה וְנֶאֶסְרָה וְחָזְרָה וְהוּתְּרָה, תַּחְזוֹר לְהֶיתֵּירָהּ הָרִאשׁוֹן!

**William Davidson Edition - English:**
Rav Hamnuna explains the challenge from the *baraita*: **But why** may she not consummate the levirate marriage? **She should be like a *yevama* who was** initially **permitted** to her *yavam*, **and** then **became forbidden** to him, **and then reverted** to her original status **and was permitted, and so** in this case **she should** also **revert to her original permitted status** with regard to levirate marriage and be permitted to consummate a levirate marriage with him. The fact that the *baraita* rules that she is prohibited from consummating the marriage demonstrates that she does not revert to her original permitted status.


###### Yevamot 41a:13
[Yevamot 41a:13](https://torahapp.org/share/book/Yevamot/r/41a:13)

אִישְׁתִּיק. לְבָתַר דִּנְפַק אֲמַר: אַמַּאי לָא אֲמַרְתְּ לֵיהּ, רַבִּי אֶלְעָזָר הִיא, דְּאָמַר: כֵּיוָן שֶׁעָמְדָה עָלָיו שָׁעָה אַחַת בְּאִסּוּר — נֶאֶסְרָה עָלָיו עוֹלָמִית?

**William Davidson Edition - English:**
Rava **was silent,** as he had no immediate answer. **After** Rav Hamnuna **left** the study hall, Rava **said** to himself: **Why did you not say to him** that the *baraita* does not pose a challenge because **it is** in accordance with the opinion of **Rabbi Elazar, who said** in a mishna (108b) with regard to the case of a man who divorced his wife, remarried her, and then died childless, that the *yevama* may not consummate levirate marriage with her *yavam* because **once** a *yevama* **has stood** before her *yavam* **in a forbidden state,** even **for a single moment, she** remains **forbidden to him forever,** and in that case, during the period she was divorced from her husband she was forbidden to her *yavam*? The Rabbis, however, disagree with his opinion, and the *halakha* is ruled in accordance with their opinion.


###### Yevamot 41a:14
[Yevamot 41a:14](https://torahapp.org/share/book/Yevamot/r/41a:14)

הֲדַר אֲמַר: אֵימוֹר דְּאָמַר רַבִּי אֶלְעָזָר — הֵיכָא דְּלָא חַזְיָא בִּשְׁעַת נְפִילָה, אֲבָל הֵיכָא דְּחַזְיָא בִּשְׁעַת נְפִילָה, מִי אָמַר?

**William Davidson Edition - English:**
**He then said** to himself: It is not certain that the *baraita* is in accordance with the opinion of Rabbi Elazar because one could **say that Rabbi Elazar said** his opinion only **where she was not suitable** for the *yavam*, i.e., she was forbidden to him, already from **the time** of her **happening** before her *yavam* for levirate marriage at the moment of her husband’s death. **However, where she was suitable** for her *yavam* **at the time of** her **happening** before him and became forbidden to him only at some later point, as in the case of a *yavam* who betrothed the sister of his *yevama*, **did he** actually **say** that if the reason for the prohibition is removed then she does not return to her permissible state? If the *baraita* does not represent the opinion of Rabbi Elazar, then it must be unanimously agreed upon, and therefore it indeed poses a challenge.


###### Yevamot 41a:15
[Yevamot 41a:15](https://torahapp.org/share/book/Yevamot/r/41a:15)

הֲדַר אֲמַר: אִין, וְהָתַנְיָא, רַבִּי אֶלְעָזָר אוֹמֵר: מֵתָה יְבִמְתּוֹ — מוּתָּר בְּאִשְׁתּוֹ, מֵתָה אִשְׁתּוֹ — אוֹתָהּ יְבָמָה חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת.

**William Davidson Edition - English:**
**He then said: Yes,** actually, Rabbi Elazar did state his opinion even in such a case, **and** so **it is taught** in a *baraita*: With regard to a *yavam* who betrothed the sister of his *yevama*, **Rabbi Elazar says:** If **his *yevama* dies, he is permitted to his wife.** If **his wife dies, that *yevama* performs *ḥalitza* but may not enter into levirate marriage** with him. Therefore, the challenge from the *baraita* can be dismissed since it represents only Rabbi Elazar’s opinion.


###### Yevamot 41a:16
[Yevamot 41a:16](https://torahapp.org/share/book/Yevamot/r/41a:16)

לֵימָא שְׁמוּאֵל וְרַב אַסִּי דְּאָמְרִי כְּרַבִּי אֶלְעָזָר?

**William Davidson Edition - English:**
The Gemara suggests: **Shall we say** that **Shmuel and Rav Asi, who say** that she may not consummate the levirate marriage, hold **in accordance with** the opinion of **Rabbi Elazar?**


###### Yevamot 41a:17
[Yevamot 41a:17](https://torahapp.org/share/book/Yevamot/r/41a:17)

אֲפִילּוּ תֵּימָא כְּרַבָּנַן, עַד כָּאן לָא קָמִיפַּלְגִי רַבָּנַן עֲלֵיהּ דְּרַבִּי אֶלְעָזָר, אֶלָּא מִשּׁוּם דְּמִנְּפִילָה וְאֵילָךְ לָא מִיתְּסַר עֲלַיְיהוּ, אֲבָל הָכָא דְּאִיתְּסַר — אֲפִילּוּ רַבָּנַן מוֹדוּ.

**William Davidson Edition - English:**
The Gemara rejects this: **You** can **even say** that they hold **in accordance with** the opinion of **the Rabbis,** as perhaps **the Rabbis disagree with Rabbi Elazar** in the case of a man who divorced and remarried his wife and then died childless **only due to** the fact **that** in that case, **from** the time of her **happening** for levirate marriage **and onward she was not forbidden to them,** i.e., her *yevamin*. The fact that the prohibition between her and her *yevamin* ended before she ever happened before them for levirate marriage means it has no bearing on her current eligibility for levirate marriage. **However, here,** in the case where the *yavam* betrothed the sister of his *yevama*, since **she became forbidden** after she had already happened before him for levirate marriage, **even the Rabbis** would **agree** that she remains permanently ineligible to consummate levirate marriage with him.


###### Yevamot 41a:18
[Yevamot 41a:18](https://torahapp.org/share/book/Yevamot/r/41a:18)

**מַתְנִי׳** הַיְּבָמָה לֹא תַּחֲלוֹץ וְלֹא תִּתְיַיבֵּם עַד שֶׁיֵּשׁ לָהּ שְׁלֹשָׁה חֳדָשִׁים. וְכֵן כׇּל שְׁאָר הַנָּשִׁים לֹא יִתְאָרְסוּ וְלֹא יִנָּשְׂאוּ עַד שֶׁיְּהוּ לָהֶן שְׁלֹשָׁה חֳדָשִׁים: אֶחָד בְּתוּלוֹת וְאֶחָד בְּעוּלוֹת, אֶחָד גְּרוּשׁוֹת וְאֶחָד אַלְמָנוֹת, אֶחָד נְשׂוּאוֹת וְאֶחָד אֲרוּסוֹת.

**William Davidson Edition - English:**
**MISHNA:** **A *yevama* may neither perform *ḥalitza* nor enter into levirate marriage until she has** waited **three months** from the time of her husband’s death. **And similarly, all other women may not be betrothed and may not marry until they have** waited **three months** since their previous marriage ended. This waiting period is necessary so that, should a woman give birth shortly after remarrying, it will be obvious who the father of the child is. This applies **both to virgins and non-virgins, both to divorcées and widows,** and **both to women** who were **married** to their previous husbands **and women** who were only **betrothed.** All of these women must wait three months before remarrying even though for some of them the reason for doing so does not apply.


###### Yevamot 41a:19
[Yevamot 41a:19](https://torahapp.org/share/book/Yevamot/r/41a:19)

רַבִּי יְהוּדָה אוֹמֵר: הַנְּשׂוּאוֹת — יִתְאָרְסוּ, וְהָאֲרוּסוֹת — יִנָּשְׂאוּ. חוּץ מִן הָאֲרוּסוֹת שֶׁבִּיהוּדָה, מִפְּנֵי שֶׁלִּבּוֹ גַּס בָּהּ.

**William Davidson Edition - English:**
**Rabbi Yehuda says: The women** who were **married** to their previous husbands **may be betrothed, and the women** who were only **betrothed** to their previous husbands **may marry** without waiting three months. This is true **except for the betrothed women that are in** the area of **Judea, due to** the fact **that** the groom **is familiar with her.** The custom in Judea was for the couple to be secluded together before the marriage so that they would become familiar with each other. This led to the possibility that they might cohabit even during their betrothal period. Rabbi Yehuda holds that one does not need to wait three months whenever the reason for doing so does not apply.


###### Yevamot 41a:20
[Yevamot 41a:20](https://torahapp.org/share/book/Yevamot/r/41a:20)

רַבִּי יוֹסֵי אוֹמֵר: כׇּל הַנָּשִׁים יִתְאָרְסוּ, חוּץ מִן הָאַלְמָנָה,

**William Davidson Edition - English:**
**Rabbi Yosei says: All of the women may be betrothed** within three months even if they were previously married, **except for a widow,**