Sacred Texts Judaism Index Previous Next
Buy this Book at Amazon.com
Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
§ 1. Rabbon Gamaliel saith, "In marriage by Yeboom no other letter of divorce is valid after such a one has. already been given, 1
nor a promise of marriage after such a promise, nor connexion [with another sister-in-law] after such connexion [with a first], and no Chalitzah after a first Chalitzah had been given." But the sages say, "Another divorce may be given after a first, or a promise of marriage after such a promise, but there cannot be any thing [further of the same nature] after a connexion, nor after a Chalitzah."
§ 2. As in the following cases:—When a brother-in-law promised marriage by Yeboom to his widowed sister-in-law, and then gives her a Get, she will be bound to perform also Chalitzah to him. 2 If he promised her marriage, and then received Chalitzah from her, she will require a Get [in addition] to be fully released. If, after having promised her marriage, he had connexion with her, he acted according to law. 3
§ 3. If he gave her a letter of divorce, and promised her marriage afterwards, she will require another Get and Chalitzah [to be fully released]. Also, if after giving her Get he had connexion with her; but if, after giving her Get, he received Chalitzah from her, this latter will be a useless act. 4 If he received Chalitzah from her, and then gave her either a promise of marriage, or a Get, or had connexion with her, or that the connexion preceded the promise, or the Get, or the receipt of Chalitzah from her, then neither of these acts are valid after Chalitzah has been once performed. 5 It is immaterial in these cases, whether it happened with one sister-in-law, and one brother-in-law, or two sisters-in-law with one brother-in-law.
§ 4. As in the following case:—If a person promised marriage to his two widowed sisters-in-law, they will both require [to enable them to marry another man] a Get from him, and he is to receive Chalitzah
from one of them. If he promised marriage to one, and divorced the other, then the first will require a Get and Chalitzah. If he promised marriage to one, and then had connexion with the other, both will require a Get, and one the Chalitzah. If he promised marriage to one, and received Chalitzah from the other, the first will require a Get. If he divorced both, they will both require Chalitzah. If he divorced one, and had connexion with the other, this latter requires both Get and Chalitzah. If he divorced one, and promised marriage to the other, the last mentioned will require both Get and Chalitzah. If he divorced one, and received Chalitzah from the other, nothing that was done after the Chalitzah is valid.
§ 5. If he received Chalitzah first from one, and subsequently from another sister-in-law, or after having received Chalitzah of one, promised marriage to the other, or gave her Get, or had connexion with her, or had connexion, first with one, and then with the other, and gave the last mentioned then 6 a promise of marriage, or a Get, or received Chalitzah from her, then, all that happened after the Chalitzah [or after the connexion] is not valid. It is indifferent whether this happen with one brother-in-law and two sisters-in-law, or with one sister-in-law and two brothers-in-law.
§ 6. If, after receiving Chalitzah from his sister-in-law, he promised her marriage, or divorced her, or had connexion with her, and gave her afterwards a promise of marriage, or gave her Get, or received Chalitzah from her, then no other acts after the Chalitzah are valid, be it in the beginning, middle or end [of other acts], but in the case of connexion; whatever took place afterwards is not valid, when it happened at the beginning, but it is valid if it happened in the middle, or end [of other acts]. R. Nehemiah saith, "Nothing is valid either after Chalitzah, or after connexion, whether at the beginning, middle, or end of other acts."
* * * * *
* * * * *
* * * * *
212:1 It is necessary to observe, that the Mishna treats here of a case when many wives were left by a deceased brother to the surviving brother, who must perform the Yeboom, or when there is but one such a widow, but many surviving brothers. Neither this section, nor, indeed, the whole of this chapter, can be well understood, without attending to the following rules, mentioned in the commentary of Maimonides.
First, that a widow who, agreeably to the law of Yeboom, must either be married by her brother-in-law, or must perform Chalitzah to him, but is not released so as to enable her to marry again by any Get she may have received of her said brother-in-law.
Secondly, that the obligation incumbent on the parties does only then cease, when the said widow has fully and completely become the wife of her former brother-in-law [i.e. after the marriage has been consummated], and not before, p. 213 so that although he betrothed her either with money, a ring, &c., or with a marriage contract, which on other occasions is considered a binding and valid marriage (see Treatise Kedushin, chap. I. § I); yet, here it is but partially binding, and it is the same with a letter of divorce [Get] given her before consummation of the marriage, which also has the effect of releasing her, but partially only; for it will be necessary that the ceremony of Chalitzah be performed before she be finally released; and when such a woman is betrothed, she must first receive a Get, and then perform Chalitzah, before she will be finally released.
213:2 But owing to the divorce he may not marry her by Yeboom.
213:3 According to the regulations of the sages, that the promise of marriage must precede connexion.
213:4 For she is prohibited to him from the moment he gave her the Get.
213:5 Or after connexion in other cases.
214:6 After the connexion