Mishnah Yevamot

1 Fifteen categories of women exempt their rival wives and the rival wives of their rival wives and so on forever from halitzah and from yibbum. These are: his daughter, and the daughter of his daughter, and the daughter of his son, and the daughter of his wife, and the daughter of her son and the daughter of her daughter, His mother-in-law and his mother-in-law’s mother, and his father-in-law’s mother, His maternal sister and his mother’s sister and his wife’s sister, And his maternal brother’s wife; and the wife of his brother who died before he was born, And his daughter-in-law. All these exempt their rival wives and the rival wives of their rival wives, and so on forever, from halitzah and from yibbum. If any of them died, or made a declaration of refusal, or were divorced, or were found incapable of procreation, their rivals are permitted. And you cannot say of a man’s mother-in-law, or the mother of his mother-in-law and of the mother of his father-in-law that they were found incapable of procreation or that they made a declaration of refusal.

2 How do they exempt their rival wives? If his daughter or any other of these forbidden relatives was married to his brother who also had another wife, and he died, then just as his daughter is exempt so is her rival exempt. If his daughter’s rival went and married a second brother of his, who also had another wife, and he died, then just as the rival of his daughter is exempt so is his daughter’s rival’s rival exempt, even if there were a hundred brothers. How is it that if they had died, their rivals are permitted? If a man’s daughter or any other of these forbidden relatives was married to his brother who also had another wife, and his daughter died or was divorced, and afterward his brother died, her rival is permitted. The rival of anyone who can make a declaration of refusal but did not make a declaration of refusal, must perform halitzah and may not have yibbum.

3 There are six relatives subject to stricter restrictions than these. Since they may be married only to unrelated men, marriage with their rival wives is permitted: his mother and his father’s wife, his father’s sister, his paternal sister, his father’s brother’s wife and his paternal brother’s wife.

4 Beth Shammai permits the rival wives to the surviving brothers, and Beth Hillel prohibits them. If they perform the halitzah, Beth Shammai disqualifies them from marrying a priest, and Beth Hillel makes them eligible. If they performed yibbum, Beth Shammai makes them eligible to marry a priest, and Beth Hillel disqualifies them. Though one forbids and the other permits, and one disqualifies and the other makes eligible, Beth Shammai did not refrain from marrying women from the families of Beth Hillel, nor did Beth Hillel refrain from marrying women from the families of Beth Shammai. With regard to purity and impurity, which these declare pure and the others declare impure, neither of them refrained from using the utensils of the others for the preparation of food that was ritually clean.

1 What is the case of “the wife of his brother who died before he was born”? If there were two brothers, and one of them died, and then a third brother was born, and then the second brother had yibbum with his dead brother’s wife and then died himself, the first woman is exempt as the wife of his brother who died before he was born, and the second wife is exempt because she is her rival wife. If he had maʾamar with her and died, the second wife must perform halitzah but may not have yibbum.

2 If there were two brothers and one of them died, and the second had yibbum with his dead brother’s wife, and after a third brother was born, the second died, the first wife is exempt because she is the wife of his brother who died before he was born, while the second is exempt as her rival. If he had maʾamar with her, the second wife must perform the halitzah but she may not have yibbum. Rabbi Shimon says: he may have yibbum with either of them or perform halitzah for either of them.

3 A general rule has been stated about the yavamah: Wherever she is prohibited as a forbidden relation, she may neither perform halitzah nor have yibbum. If her prohibition is due to a commandment or a prohibition due to holiness, she must perform halitzah but she may not have yibbum. If her sister is also her sister-in-law, she may perform halitzah or have yibbum.

4 A “prohibition due to a commandment” refers to the secondary incest prohibitions forbidden by the scribes. “A prohibition due to holiness” refers to the following forbidden relationships: a widow to a high priest; a divorced woman, or one that had performed halitzah to a regular priest; a mamzereth or a netinah to an Israelite; and an Israelite woman to a natin or a mamzer.

5 If one has any kind of brother, that brother requires his brother’s wife to have yibbum, and he is his brother in every respect, except for a brother born from a female slave or a non-Jewish woman. If one has any kind of son, that son exempts his father’s wife from yibbum, and he is liable for striking or cursing his father, and he is his son in every respect, except for the son of a female slave or a non-Jewish woman.

6 If a man betrothed one of two sisters and does not know which of them he has betrothed, he must give a get a bill of divorce to this one and a get to this one. If he died, and he had a brother, the brother must perform halitzah for both of them. If he had two brothers, one is to perform halitzah and the other may have yibbum. If they both went ahead and married them they do not require them to divorce the women.

7 If two men betrothed two sisters and one does not know whom he betrothed and the other does not know whom he betrothed, this one gives two bills of divorce and the other gives two bills of divorce. If they died and this one has a brother and this one has a brother, this brother performs halitzah for both widows and this brother performs halitzah for both widows. If one has one brother and the other has two brothers, one brother performs halitzah for both widows and for the two brothers, one performs halitzah and the other may perform yibbum. If they both went ahead and married they do not require them to divorce the women. If this one had two brothers and the other had two brothers, one brother of one performs halitzah for one widow and one brother of the other performs halitzah with the other widow, and then the other brother of the first may have yibbum with the halutzah of the second and the other brother of the second may have yibbum with the halutzah of the first. If both went ahead and performed halitzah, the other two must not both perform yibbum. Instead, one must perform halitzah and the other may then have yibbum. If they both went ahead and married they do not require them to divorce the women.

8 The commandment to perform yibbum applies to the oldest brother. If a younger brother went ahead of him by performing yibbum, he has acquired a wife. If a man is suspected of having relations with a slave and then she was freed, or with a non-Jewish woman who then converted, he must not marry her. If, however, he did marry her they do not require him to divorce her. If a man is suspected of having relations with a married woman, and then as a result she was taken away from her husband, even though he married her, he must divorce her.

9 A man who brings a bill of divorce from a country beyond the sea and states, “It was written in my presence and it was signed in my presence,” must not marry the divorcer’s wife. Similarly, if one states “He died,” “I killed him,” or “We killed him,” he must not marry his wife. Rabbi Judah said: If he says, “I killed him,” the woman may not marry anyone. If he states, “We killed him,” the woman may marry.

10 A sage who has pronounced a woman forbidden to her husband because of a vow must not marry her himself. If, however, a woman made a declaration of refusal or performed halitzah in his presence, he may marry her, since he is part of a court. If any of these had wives who subsequently died, the other women are permitted to marry them. If the women were married to others and were subsequently divorced, or widowed, they may marry these men. They are permitted to their sons or brothers.

1 If four brothers included two who were married to two sisters, and those who were married to the sisters died, these must perform halitzah but may not have yibbum. If they preemptively married them, they must divorce them. Rabbi Eliezer said: Beth Shammai holds that they may retain them, and Beth Hillel holds that they must divorce them.

2 If one of the sisters was forbidden to one of the brothers under the prohibition of incest, he is forbidden to marry her but may marry her sister, while the second brother is forbidden to marry either of them. If one sister was forbidden due to a commandment or due to holiness, both sisters must perform halitzah and may not be taken in yibbum.

3 If one of the sisters was forbidden to one brother under the prohibition of incest and the other sister was forbidden to the other under the prohibition of incest, the woman who is forbidden to one brother is permitted to the other and the woman who is forbidden to the other brother is permitted to the first. This is what they said: when her sister is her sister-in-law she may either perform halizah or be taken in yibbum.

4 There were three brothers, two of whom were married to two sisters, or to a woman and her daughter, or to a woman and her daughter’s daughter, or to a woman and her son’s daughter, these must perform halitzah but may not be taken in yibbum. Rabbi Shimon exempts them. If one of them was forbidden to him by a prohibition of incest, he is forbidden to marry her but is permitted to marry her sister. If the prohibition is due to a commandment or to holiness, they must perform halitzah but may not be taken in yibbum.

5 Three brothers, two of whom were married to two sisters and the third was unmarried: When one of the sisters’ husbands died, the unmarried brother performed for her maʾamar, and then his second brother died: Beth Shammai says: his wife remains with him while the other is exempt because she is his wife’s sister. Beth Hillel however says that he must divorce his wife with a get and by halitzah, and his brother’s wife by halitzah. This is the case about which they said: “woe to him because of his wife, and woe to him because of his brother’s wife.”

6 There were three brothers, two of whom were married to two sisters and the third was married to a stranger: If one of the sisters’ husbands died and the brother who was married to the stranger married his wife and then died himself, the first is exempt from yibbum or halitzah because she is his wife’s sister, and the second is exempt as her rival. If he had only had maʾamar with her and died, the stranger is to perform halitzah but may not be taken in yibbum. There were three brothers, two of whom were married to two sisters and the third was married to a stranger: If the brother who was married to the stranger died, and one of the sisters’ husbands married his wife and then died himself, the first is exempt from yibbum or halitzah because she is his wife’s sister, and the second is exempt as her rival. If he had only had maʾamar with her and died, the stranger is to perform halitzah but may not be taken in yibbum.

7 There were three brothers, two of whom were married to two sisters and the third was married to a stranger: If one of the sisters’ husbands died and the brother who was married to the stranger married his wife, and then the wife of the second brother died, and afterward the brother who was married to the stranger died, she is forbidden to him forever, since she was forbidden to him for one moment. There were three brothers, two of whom were married to two sisters and the third was married to a stranger. If one of the sisters’ husbands divorced his wife, and then the brother who was married to the stranger died, and the brother who had divorced his wife married her and then died. This is a case concerning which they said: If any of them died or were divorced, their rivals are permitted.

8 If in any of these cases the betrothal or divorce was in doubt, these rivals must perform halitzah but may not be taken in yibbum. What is a case of doubtful betrothal? If when he threw to her betrothal money it was uncertain whether it fell nearer to him or nearer to her, this is a case of doubtful betrothal. What is a case of doubtful divorce? If he wrote a get in his own handwriting and it had no witnesses’ signatures, or if it had witnesses’ signatures but was not dated, or if it was dated but had the signature of only one witness, this is a case of doubtful divorce.

9 Three brothers were married to three women who were strangers to one another and one of them died and the second brother did maʾamar with her and then he died, these must perform halitzah but may not be taken in yibbum; for it says “And one of them died...her husband’s brother must unite with her”Deuteronomy 25:5 only she who is bound due to one yavam but not she who is bound due to two yavamim. Rabbi Shimon says: he may have yibbum with whichever of these he wishes and then perform halitzah for the other. If two brothers were married to two sisters, and one of the brothers died, and afterward the wife of the second brother died, she is forbidden to him forever, since she was forbidden to him for one moment.

10 If two men betrothed two women, and as they were entering into the bridal chamber, they exchanged the one for the other, they are guilty of having relations with a married woman. If they were brothers they are guilty of having relations with a brother’s wife. If they were sisters, they are guilty of having relations with a wife’s sister. If they were menstruants they are guilty of having relations with a menstruant. They must be kept apart for three months, because they may be pregnant. If they were minors incapable of bearing children, they may be returned to their rightful husbands at once. If the women were of priestly families they are disqualified from eating terumah.

1 A yavam performs halitzah for his yevamah, and she is subsequently found to be pregnant and she gives birth. If the child is viable, he is permitted to marry her relatives and she is permitted to marry his relatives, and he does not disqualify her from marrying a priest. If the child is not viable, he is forbidden to marry her relatives and she is forbidden to marry his relatives, and he disqualifies her from marrying a priest.

2 A yavam marries his yevamah and she is subsequently found to be pregnant, and she gives birth. If the child is viable, he must divorce her and both are obligated to bring a sacrifice. If the child is not viable, he may retain her as a wife. If it is doubtful whether it is a nine-month child of the first husband or a seven-month child of the second husband he must divorce her, and the child is legitimate, and they must bring an asham talui.

3 If a shomeret yavam came into possession of money: Beth Shammai and Beth Hillel agree that she may sell it or give it away, and that her act is legally valid. If she dies, what is to be done with her ketubah and with property that comes in and goes out with her? Beth Shammai says: the heirs of her husband are to share it with the heirs of her father. Beth Hillel says: the property is to remain with those in whose possession it is, the ketubah is to remain in the possession of the heirs of the husband and the property which comes in and goes out with her remains in the possession of the heirs of her father.

4 If he married her she is his wife in every respect except that her ketubah remains a debt on her first husband’s estate.

5 The commandment of yibbum applies to the oldest of the surviving brothers. If he declines, they pass in turn to all the other brothers. If they decline, they return to the oldest and say to him, “The commandment applies to you. either perform halitzah or yibbum.”

6 If he wished to suspend his decision until a minor becomes an adult, or until the oldest returns from an overseas country or until a brother who was a deaf-mute or a mentally incompetent man should recover, they do not accept his request, but tell him, “The commandment applies to you. either perform halitzah or yibbum.”

7 A man who performs halitzah with his yevamah is regarded as one of the other brothers with regard to inheritance. If the father was living, the estate belongs to the father. A man who marries his yevamah acquires his brother’s estate. Rabbi Judah said: in either case, if the father was living the estate belongs to the father. A man who performs halitzah with his yevamah is forbidden to marry her relatives and she is forbidden to marry his relatives: He is forbidden to marry her mother, her mother’s mother and her father’s mother, her daughter, her daughter’s daughter and her son’s daughter, and also her sister while she is alive. The other brothers are permitted. She is forbidden to marry his father and his father’s father, his son and his son’s son, his brother and his brother’s son. A man is permitted to marry the relative of the rival of his halutzah but is forbidden to marry the rival of the relative of his halutzah.

8 If he performed halitzah for his yevamah, and his brother married her sister and died, she must perform halitzah but may not be taken in yibbum. Similarly if a man divorces his wife and his brother marries her sister and dies, she is exempt from halitzah and from yibbum.

9 If the brother of the yavam had betrothed the sister of the shomeret yavam, in the name of Rabbi Judah ben Batera they said: they say to him “Wait until your older brother has done something.” If his brother performed halitzah for her or married her, he may marry his betrothed wife. If the yevamah died he may marry his betrothed wife. If the yavam died, he must divorce his wife with a get and release his brother’s wife by halitzah.

10 The yevamah must neither perform halitzah nor be taken in yibbum before three months have passed since her husband’s death. Similarly all other women must neither be betrothed nor married before three months have passed, whether they were virgins or non-virgins, whether divorcees or widows, whether married or betrothed. Rabbi Judah said: those who were married may be betrothed immediately, and those who were betrothed may be married immediately, with the exception of the betrothed women in Judea, because there the bridegroom was intimate with his bride. Rabbi Yose said: all married women may be betrothed immediately with the exception of the widow because of her mourning.

11 If four brothers were married to four women, and they died, if the oldest surviving brother wishes, he may contract yibbum with all of them. If a man was married to two women and died, sexual relations or halitzah with one of them exempts her rival. If one of them was eligible to marry a priest and one ineligible to marry a priest, then if he performs halitzah it should be with the woman who is ineligible, and if he contracts yibbum it may be with the woman who is eligible.

12 A man who remarried his divorced wife, or married his halutzah, or married the relative of his halutzah must divorce her, and the child is a mamzer. These are the words of Rabbi Akiva. But the Sages say: the child is not a mamzer. They agree that where a man married the relative of his divorcee the child is a mamzer.

13 Who is a mamzer? The offspring of a union with any relative with whom cohabitation is forbidden. These are the words of Rabbi Akiva. Shimon the Yemenite says: The offspring of any union for which one is obligated kareth at the hands of heaven, and the halachah is like his words. Rabbi Joshua says: The offspring of any union for which one is obligated death at the hands of a court. Rabbi Shimon ben Azzai said: I found a scroll of genealogical records in Jerusalem, and it was written on it, “So-and-so is a mamzer having been born from an adulterous woman,” which confirms the view of Rabbi Joshua. If a man’s wife died, he is permitted to marry her sister. If he divorced her and then she died he is permitted to marry her sister. If she was married to another man and died, he is permitted to marry her sister. If a man’s sister-in-law died, he may marry her sister. If he performed for her halitzah and then she died, he is permitted to marry her sister.

1 Rabban Gamaliel says: There is no validity to a get given after a get, nor to a maʾamar after a maʾamar, nor to an act of sexual intercourse after another act of sexual intercourse, nor to a halitzah after another halitzah. However, the Sages say: There is validity to a get given after a get, and to a maʾamar after a maʾamar but not to an act of sexual intercourse after another act of sexual intercourse, or to a halitzah after another halitzah.

2 How does release from yibbum work? If he performed maʾamar for his yevamah and gave her a get, she requires halitzah. If he performed maʾamar and did halizah, she requires a get. If he performed maʾamar and then had intercourse with her, this fulfills the commandment.

3 If the yavam gave her a get and then maʾamar, she needs another get and halitzah. If he gave her a get and then had intercourse with her, she needs another get and halitzah. If he gave her a get and then did halitzah, there is nothing after halitzah. If the yavam did halitzah and then he did maʾamar or gave her a get, or had intercourse with her. Or if he had intercourse with her and then did maʾamar, or gave her a get, or did halitzah, there is nothing after halitzah. And the law is the same whether there is one yevamah to one yavam or two yevamoth to one yavam.

4 How is this so? If the yavam did maʾamar with this one and maʾamar with the other one, they need two letters of divorce and one of them must have halizah. If he did maʾamar with one and gave a get to the other, the first one needs a get and one of them must have halitzah. If he did maʾamar with one and had intercourse with the other, they need two gets and one of them must have halitzah. If he had maʾamar with one and gave halitzah to the other, the first needs a get. If he gave a get to one and a get to the other, one of them requires halitzah. If he gave a get to one and had intercourse with the other, the second one requires a get and one of them must have halitzah. If he gave a get to one and had maʾamar with the other, the second requires a get and one of them must have halitzah. If he gave a get to one and halizah to the other, there is nothing after halitzah.

5 If he performed halitzah for one and then performed halitzah for the other, or performed halitzah for one and did maʾamar with the other, or gave her a get, or had intercourse with her. Or if he had intercourse with one and then with the other, or had intercourse with one and then maʾamar with the other, or gave her a get, or performed halitzah, there is nothing after halitzah. There is no difference in the law whether there was one yavam to two yevamoth or two yavamim to one yevamah.

6 If the yavam performed halitzah and then did maʾamar, gave her a get, or had intercourse with her. Or if he had intercourse with her and then did maʾamar, gave her a get, or performed halitzah, there is no valid act after halitzah, whether it was performed in the beginning, in the middle, or at the end. Concerning intercourse, if it took place first, there is no valid act after it. If it occurred in the middle or at the end, there can be a valid act after it. Rabbi Nehemiah says: with both intercourse and halizah, whether it took place in the beginning, in the middle, or at the end, there is no validity in any act that follows it.

1 One who has intercourse with his yevamah, whether in error or intentionally, whether under compulsion or voluntarily, even if he acted in error and she intentionally, or he intentionally and she in error, or he under compulsion and she not under compulsion, or she under compulsion and he not under compulsion, whether he only began to have intercourse or he completed having intercourse, he has acquired her as a wife. The laws do not make a distinction between different types of intercourse.

2 Similarly, one who has intercourse with any of the forbidden relatives listed in the Torah, or with any of those who are disqualified to marry him as, for instance, a widow to a high priest, a divorced woman or a halutzah to a common priest, a mamzeret or a netinah to an Israelite or the daughter of an Israelite to a mamzer or a nathin, he has disqualified her from marrying a priest, and the laws do not make a distinction between different types of intercourse.

3 A widow betrothed to a high priest, or a divorced woman or a halutzah betrothed to an ordinary priest, may not eat terumah from the point of betrothal. Rabbi Eliezer and Rabbi Shimon declare them eligible. If they became widows or were divorced after full marriage they are ineligible. If this happened after betrothal, they are eligible.

4 A high priest must not marry a widow whether she became a widow after a betrothal or after a marriage. He must not marry one who has reached puberty. Rabbi Eliezer and Rabbi Shimon permit him to marry one who has reached puberty, but he may not marry one who lost her virginity through a stick. A priest who betrothed a widow, and was subsequently appointed high priest, may marry her. It once happened with Joshua ben Gamla that he betrothed Marta the daughter of Boethus, and the king appointed him high priest, and he brought her into marriage. If a shomeret yavam became liable to have yibbum with an ordinary priest and then he was appointed high priest, even though he already did maʾamar, he may not marry her. A high priest whose brother died must perform halitzah but may not contract yibbum.

5 An ordinary priest must not marry a woman incapable of procreation, unless he already has a wife or children. Rabbi Judah said: even though he has a wife and children, he must not marry a woman incapable of procreation, since she is a zonah, as mentioned in the Torah. But the Sages said: the term zonah means only a female convert, freed slavewoman and one who has been subjected to illicit intercourse.

6 A man must not abstain from procreation unless he already has children. Beth Shammai says: two males. And Beth Hillel says: a male and a female, for it says, “He created them male and female.”Genesis 5:2Genesis 1:28 If a man married a woman and lived with her for ten years and she bore no child, he may not abstain any longer from the duty of procreation. If he divorced her she is permitted to marry another, and the second husband may also live with her for ten years. If she miscarried the period of ten years is counted from the time of her miscarriage. A man is commanded concerning the duty of procreation but not a woman. Rabbi Yohanan ben Beroka says: Concerning both of them it says, “And God blessed them and said to them... ‘Be fruitful and multiply.’.”

1 If a widow who married a high priest, or if a divorced woman or a halutzah who married an ordinary priest brought to her husband melog slaves and tzon barzel slaves, the melog slaves may not eat terumah but the tzon barzel slaves may eat it. The following are melog slaves: those who, if they die, are the wife’s loss and, if their value increases, are her profit. Even though it is the husband’s duty to maintain them, they may not eat terumah. The following are tzon barzel slaves: if they die, they are the loss of the husband and, if their value increases, they are a profit to him. Since he is responsible for them, they are permitted to eat terumah.

2 If the daughter of an Israelite was married to a priest, and she brought him slaves, they are permitted to eat terumah whether they are melog slaves, or tzon barzel slaves. If the daughter of a priest was married to an Israelite and she brought him slaves, they may not eat terumah whether they are melog slaves or tzon barzel slaves.

3 If the daughter of an Israelite was married to a priest who died and left her pregnant, her slaves may not eat terumah because of the share of the fetus, since a fetus prevents its mother from eating terumah but does not cause her to be able to eat terumah. These are the words of Rabbi Yose. They said to him: since you have testified to us concerning the daughter of an Israelite who was married to a priest, even concerning the daughter of a priest who was married to a priest, and he died and left her pregnant, her slaves may not eat terumah because of the share of the fetus!

4 A fetus, a yavam, betrothal, a deaf-mute, and a boy who is nine years and one day old, disqualify a woman from terumah, but do not allow her to eat terumah. If it is doubtful whether the boy is nine years and one day old or not, or whether he has produced two hairs or not, or if a house collapsed on a man and his brother’s daughter, and it is not known which of them died first, her rival must perform halitzah but may not be taken in yibbum.

5 The rapist, the seducer and the insane man neither disqualify a woman from eating terumah nor do they allow her to eat terumah. If they are unfit to enter into the assembly of Israel they do disqualify a woman from eating terumah. How is this so? If an Israelite had intercourse with the daughter of a priest, she continues to eat terumah. If she becomes pregnant, she may no longer eat terumah. If the embryo was dismembered in her womb, she may eat. If a priest had intercourse with the daughter of an Israelite, she may not eat terumah. Even if she becomes pregnant, she may not eat. If she gave birth, she may eat. The power of the son is greater than that of the father. A slave disqualifies a woman from eating terumah through intercourse but not as her offspring. How is this so? If the daughter of an Israelite was married to a priest or the daughter of a priest was married to an Israelite, and she bore a son by him, and the son went and had intercourse with a slave-woman who bore a son by him, such a son is a slave. If his father’s mother was the daughter of an Israelite married to a priest, she may not eat terumah. If she was the daughter of a priest married to an Israelite, she may eat terumah. A mamzer disqualifies a woman from eating terumah and can allow her to eat terumah. How is this so? If the daughter of an Israelite was married to a priest or the daughter of a priest was married to an Israelite, and she bore a daughter by him, and the daughter went and married a slave or a Gentile and bore a son by him, such a son is a mamzer. If his mother’s mother was the daughter of an Israelite married to a priest, she may eat terumah. If she was the daughter of a priest married to an Israelite, she may not eat terumah.

6 A high priest sometimes disqualifies his mother’s mother from being able to eat terumah. How is this so? If a priest’s daughter was married to an Israelite and she bore a daughter by him, and the daughter went and married a priest and bore a son by him, such a son is fit to be a high priest, to stand and serve at the altar. He allows his mother to eat terumah but disqualifies his mother’s mother. And she can say, “May there not be others like my grandson the high priest, who disqualified me from eating terumah.”

1 An uncircumcised priest and all impure persons may not eat terumah. Their wives and slaves may eat terumah. A priest whose testes are crushed or whose member is cut off, as well as their slaves, may eat terumah, but their wives may not. If, however, he did not have intercourse with her after his testes were crushed or his member was cut off, the wives may eat terumah.

2 Who is considered a “petzua dakkah”Deuteronomy 23:2? Anyone whose testes are wounded, even one of them. And a “kerut shofkhah”? A man whose member is cut off. If any part of the corona remained, even so much as a hair’s breadth, the man is regarded as fit to serve as a priest. A man whose testes are wounded, and one whose member is cut off, are permitted to marry a convert or a freed slave. They are only forbidden to enter into the congregation, as it says “No one whose testes are crushed or whose member is cut off may be admitted into the congregation of the Lord.”

3 An Ammonite and a Moabite are forbidden to enter into the congregation of the Lord and their prohibition is forever. However, their women are permitted at once. An Egyptian and an Edomite are forbidden only until the third generation, whether they are males or females. Rabbi Shimon permits their women immediately. Rabbi Shimon said: This is a kal vehomer: if where the males are forbidden for all time the females are permitted immediately, where the males are forbidden only until the third generation how much more should the females be permitted immediately. They said to him: If this is a halakhah, we will accept it, but if it is only a logical inference, there is a refutation. He replied: This is not so, I am in fact saying a halakhah. Mamzerim and nethinim are forbidden, and their prohibition is forever, whether they are males or females.

4 Rabbi Joshua said: I have heard that a eunuch performs halitzah and that halitzah is performed by others for his wife, and also that a eunuch does not perform halitzah and that no halitzah is performed for his wife, and I am unable to explain this. Rabbi Akiva said: I will explain it: a man-made eunuch performs halitzah and halitzah is also performed for his wife, because there was a time when he was fit to have children. A eunuch by nature neither performs halitzah nor is halitzah performed for his wife, since there never was a time when he was fit. Rabbi Elazar said: Not so! Rather a eunuch by nature performs halitzah and halitzah is performed for his wife, because he may be cured. A man-made eunuch neither performs halitzah nor is halitzah performed for his wife, since he cannot be cured. Rabbi Joshua ben Baterra testified concerning Ben Megusat, who was a man-made eunuch living in Jerusalem and whose wife underwent yibbum, confirming the opinion of Rabbi Akiva.

5 The eunuch neither performs halitzah nor contracts yibbum. Likewise, a woman who is incapable of procreation neither performs halizah nor is taken in yibbum. If a eunuch performed halitzah for his yevamah, he does not disqualify her from subsequently marrying a priest. If he has intercourse with her he disqualifies her, since this is an act of fornication. Similarly where brothers performed halitzah for a woman incapable of procreation, they do not disqualify her from marrying a priest. If they have intercourse with her they do disqualify her, since this is an act of fornication.

6 If a priest who was a eunuch by nature married the daughter of an Israelite, he gives her the right to eat terumah. Rabbi Yose and Rabbi Shimon stated: if a priest who was a hermaphrodite married the daughter of an Israelite, he gives her the right to eat terumah. Rabbi Judah stated: if a tumtum was opened up and found to be a male, he may not perform halitzah, because he has the same status as a eunuch. The hermaphrodite may marry a wife but may not be married by a man. Rabbi Eliezer stated: concerning the hermaphrodite, the one who has relations with him is liable to be stoned like one who has relations with a male.

1 Some women are permitted to their husbands and forbidden to their yevamim. Others are permitted to their yevamim and forbidden to their husbands. Others are permitted to both. Others are forbidden to both. These are the women who are permitted to their husbands and forbidden to their yevamim: An ordinary priest married a widow and had a brother who was a high priest, a halal married a woman who was fit and had a brother of legitimate status, an Israelite married the daughter of an Israelite and had a brother who was a mamzer, A mamzer married a mamzeret and had a brother who was an Israelite.

2 The following are permitted to their yevamim and forbidden to their husbands: A high priest who betrothed a widow and has a brother who is an ordinary priest, a fit priest who married a halalah and has a brother who is a halal, an Israelite who married a mamzeret and has a brother who is a mamzer, a mamzer who married the daughter of an Israelite and has a brother who is an Israelite. In these cases the women are permitted to their yevamim and forbidden to their husbands. The following are forbidden to both: a high priest who married a widow has a brother who is a high priest, or who is an ordinary priest, a fit priest who married a halalah and has a brother who was a fit priest, an Israelite who married a mamzeret and has a brother who is Israelite, a mamzer who married the daughter of an Israelite and has a brother who is a mamzer. In these cases the women are forbidden to both the husband and the yavam. All other women are permitted to both their husbands and their yevamim.

3 Concerning relatives of the second degree of incest laws who are forbidden by the words of the scribes: A woman who is a second degree of kinship to the husband but not a second degree of kinship to the yavam, is forbidden to the husband and permitted to the yavam. A woman who is a second degree of kinship to the yavam but not a second degree of kinship to the husband is forbidden to the yavam and permitted to the husband. A woman who is a second degree of kinship to the one and to the other is forbidden to the one as well as to the other. She cannot claim her ketubah or usufruct or support money, or her worn clothes. The child is fit to marry a priest, but the husband is compelled to divorce her. A widow who was married to a high priest, a divorcee or halutzah who was married to an ordinary priest, a mamzeret or a netinah who was married to an Israelite, or the daughter of an Israelite who was married to a natin or a mamzer is entitled to her ketubah.

4 The daughter of an Israelite who was betrothed to a priest, or who was pregnant from a priest, or was a shomeret yavam to a priest, and similarly, the daughter of a priest who was in such relationship with an Israelite, may not eat terumah. The daughter of an Israelite who was betrothed to a Levite, or who was pregnant from a Levite, or was a shomeret yavam to a Levite, and similarly, the daughter of a Levite who was in such a relationship with an Israelite may not eat tithe. The daughter of a Levite who was betrothed to a priest, or who was pregnant from a priest, or was a shomeret yavam to a priest, and similarly, the daughter of a priest who was in such relationship with a Levite, may eat neither terumah nor tithe.

5 The daughter of an Israelite married to a priest may eat terumah. If he died and she has a son by him, she may continue to eat terumah. If she was subsequently married to a Levite, she may eat tithe. If he died and she had a son by him, she may continue to eat tithe. If she was subsequently married to an Israelite, she may eat neither terumah nor tithe. If he died and she has a son by him, she may eat neither terumah nor tithe. If her son by the Israelite died, she may again eat tithe. If her son by the Levite died, she may again eat terumah. If her son by the priest died, she may eat neither terumah nor tithe.

6 The daughter of a priest who was married to an Israelite may not eat terumah. If he died and she had a son by him, she may not eat terumah. If she was subsequently married to a Levite, she may eat tithe. If he died and she had a son by him, she may eat tithe. If she was subsequently married to a priest, she may eat terumah. If he died and she had a son by him, she may eat terumah. If her son by the priest died, she may not eat terumah. If her son by the Levite died, she may not eat tithe. If her son by the Israelite died, she returns to the house of her father. It is about such a woman that it says, “And she returns to her father’s house, as in her youth, she may eat of her father’s bread.”Leviticus 22:13

1 A woman whose husband had gone to an overseas country and they came and told her, “Your husband died,” married, and then her husband returned: She must leave this one and that one, and she also requires a get from this one and that one. She has no ketubah, no usufruct, no support money or worn clothes, neither from this one nor from that one. If she has taken anything from this one or that one, she must return it. The child from this one or that one is a mamzer. Neither this one nor that one may make himself ritually impure for her. Neither this one nor that one has a claim to whatever she may find or what she makes with her hands, or the right to invalidate her vows. If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of tithe; and if the daughter of a priest, from the eating of terumah. Neither the heirs of this one nor the heirs of that one are entitled to inherit her ketubah. And if the husbands die, the brother of the one and the brother of the other must perform halitzah, but may not contract yibbum. Rabbi Yose said: her ketubah remains a charge on the estate of her first husband. Rabbi Elazar said: the first husband is entitled to whatever she may find, and what she makes with her hands, and also has the right to invalidate her vows. Rabbi Shimon said: intercourse or halitzah with the brother of the first husband exempts her rival, and the child from him is not a mamzer. If she married without an authorization, she may return to him.

2 If she married with the authorization of the court, she must leave, but is exempt from bringing a sacrifice. If she married without the authorization of the court, she must leave and is liable to bring a sacrifice. The authority of the court is therefore greater in that it exempts her from the sacrifice. If the court ruled that she may be married and she went and disgraced herself, she must bring a sacrifice, because the court permitted her only to marry.

3 If a woman whose husband and son went to an overseas country was told, “Your husband died and your son died afterward,”Leviticus 21:7 and she married again, and later she was told, “The deaths happened in the opposite order,” she must leave, and any child born before or after is a mamzer. If she was told “Your son died and your husband died afterward,” and she had yibbum, and afterward she was told, “The deaths happened in the opposite order,” she must leave, and any child born before or after is a mamzer. If she was told, “Your husband died,” and she married, and afterward she was told, “He was alive but is now dead,” she must leave, and any child born before the death of her first husband is a mamzer, but one born after it is not a mamzer. If she was told, “Your husband died,” and she was betrothed, and afterward her husband appeared, she is permitted to return to him. Although the second one gave her a get he has not disqualified her from marrying a priest. Rabbi Elazar ben Mathia interpreted this: “A woman divorced from her husband,” not from a man who is not her husband.

4 If a man’s wife had gone to an overseas country and he was told, “Your wife is dead,” and he married her sister, and afterward his wife came back, the latter is permitted to return to him. He is permitted to marry the relatives of the second woman, and the second woman is permitted to marry his relatives. If the first wife died he is permitted to marry the second. If he was told that his wife was dead, and he married her sister, and then he was told that she was then alive but had since died, any child born before his first wife’s death is a mamzer, but anyone born after her death is not a mamzer. Rabbi Yose says: whoever disqualifies for others disqualifies for himself and whoever does not disqualify for others does not disqualify for himself.

5 If a man was told “Your wife is dead” and he married her paternal sister, and when he was told “She is dead,” he married her maternal sister, and when he was told “She is dead,” and he married her paternal sister, and when he was told “She is dead,” he married her maternal sister, and later it was found that they were all alive, he is permitted to the first, third and fifth, and they exempt their rivals. But he is forbidden to the second and the fourth, and intercourse with one of these does not exempt her rival. If he had intercourse with the second after the death of the first, he is permitted to the second and fourth, and they exempt their rivals. But he is forbidden to the third and the fifth, and intercourse with one of these does not exempt her rival.

6 A boy of the age of nine years and one day disqualifies his sister-in-law for marriage with his brothers, and his brothers disqualify her for him, but while he disqualifies her from the outset only, the brothers disqualify her from the outset and at the end. How is this so? A boy of the age of nine years and one day who had intercourse with his sister-in-law disqualifies her for marriage with his brothers. The brothers disqualify her for marriage with him whether they had intercourse with her, did maʾamar, gave her a get or submitted to her halitzah.

7 If a boy of the age of nine years and one day had intercourse with his yevamah and then his brother who was of the age of nine years and one day had intercourse with her, the latter disqualifies her for the former. Rabbi Shimon says: he does not render her unfit.

8 If a boy of the age of nine years and one day had intercourse with his yevamah and afterward had intercourse with her rival wife, he has disqualified both women for marriage with himself. Rabbi Shimon says: he does not disqualify them. If a boy of the age of nine years and one day had intercourse with his yevamah and then died, she must undergo halitzah but may not be taken in yibbum. If he had married any other woman and he subsequently died, she is exempt from both halitzah and yibbum.

9 If a boy of the age of nine years and one day had intercourse with his sister-in-law, and after he had become an adult he married another woman and then died, if he had not had intercourse with the first woman after he had become an adult, the first one must have halitzah but may not be taken in yibbum, while the second may either have halitzah or yibbum. Rabbi Shimon says: the yavam may perform yibbum with whichever one he wants, and he must perform halitzah for the other woman. 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.

1 A man is permitted to marry the relative of a woman whom he has raped or seduced. A man who rapes or seduces a relative of his married wife, is guilty. A man may marry a woman whom his father has raped or seduced or a woman whom his son has raped or seduced. Rabbi Judah forbids marriage with a woman whom one’s father has raped or seduced.

2 The sons of a female convert who converted with her do not perform halitzah or yibbum, even if the one was not conceived in holiness but was born in holiness, and the other was both conceived and born in holiness. The same rule applies where the sons of a female slave were freed together with her.

3 If the children of five women were mixed up and, when these mixed up children grew up, they took wives and then died, four perform halitzah for one of the widows and one contracts yibbum with her. Then he and three brothers perform halitzah to another one of the widows and one has yibbum with her. Thus every one of the widows has halitzah four times and yibbum once.

4 If the child of a woman was mixed up with the child of her daughter-in-law and the mixed-up children grew up and married women and then died, the other sons of the daughter-in-law perform halitzah but may not contract yibbum, for it is uncertain whether she is the wife of his brother or the wife of his father’s brother. The other sons of the older woman either perform halitzah or yibbum, since the only doubt is whether she is the wife of his brother or the wife of his brother’s son. If the not-mixed-up sons died then with respect to the widows of the sons of the older woman the mixed-up sons perform halitzah and may not have yibbum, since it is uncertain whether she is the wife of his brother or the wife of his father’s brother. With respect to the widows of the sons of the daughter-in-law one performs halitzah and the other may have yibbum.

5 If the child of a priest’s wife was mixed-up with the child of her female slave, both may eat terumah and together they receive one share at the threshing floor. They may not defile themselves for the dead nor may they marry any women whether these are eligible for marriage with a priest or ineligible. If when they grew up, the mixed-up children freed one another, they may marry women who are eligible for marriage with a priest and they may not defile themselves for the dead. If they defiled themselves, they do not receive the penalty of forty lashes. They may not eat terumah, but if they did eat, they need not pay compensation either for the principal or the additional fifth. They are not to receive a share at the threshing floor, but they may sell their own terumah and the proceeds are theirs. They receive no share in the holy things of the Temple, and no holy things are given to them but others do not take their holy things from them. They are exempt from giving to any priest the shoulder, the cheeks and the stomach, while the firstborn animal of either of them should remain in the pasture until it develops a blemish. The restrictions relating to priests and the restrictions relating to Israelites are both imposed on them.

6 If a woman did not wait three months after separation from her husband, and married again and gave birth to a son, and it is unknown whether it is a nine-month child by the first husband or a seven-month child by the second, if she had other sons by the first husband and other sons by the second, these must perform halitzah but may not contract yibbum. Likewise, he performs halitzah with their widows but may not contract yibbum. If he had brothers by the first and also brothers by the second, but not by the same mother, he may either perform halitzah or contract yibbum. But as for them, one performs halitzah and the other may then contract yibbum.

7 If one of the two husbands was an Israelite and the other a priest: He may only marry a woman who is eligible to marry a priest. He may not defile himself for the dead, but if he did defile himself he does not receive the penalty of forty lashes. He may not eat terumah, but if he did eat, he need not pay compensation either for the principal or for the additional fifth. He does not receive a share at the threshing floor, but he may sell his own terumah and the profits are his. He receives no share in the holy things of the Temple, no holy things are given to him, but he is not deprived of his own. He is exempt from giving to any priest the shoulder, the cheeks and the maw, while his firstborn animal must remain in the pasture until it develops a blemish. The restrictions relating to priests and the restrictions relating to Israelites are imposed on him. If the two husbands were priests: He must be an onen mourner for them and they must be onenim mourners for him, but he may not defile himself for them, nor may they defile themselves for him. He may not inherit from them, but they may inherit from him. He is exempt if he strikes or curses the one or the other. He goes up to serve in the Temple watch of the one as well as of the other, but he does not receive a share in the offerings. If both served in the same watch, he receives a single portion.

1 The commandment of halitzah must be performed in the presence of three judges, even though all three are laymen. If the woman performed the halitzah with a shoe, her halitzah is valid, but if with a felt sock it is invalid. If with a sandal to which a heel is attached it is valid, but if with one that has no heel it is invalid. If the sandal was tied below the knee the halitzah is valid, but if above the knee it is invalid.

2 If the woman performed the halitzah with a sandal that did not belong to him, or with a wooden sandal, or with one for the left foot which he was wearing on his right foot, the halitzah is valid. If she performed the halizah with a sandal too large for him, in which he can still walk, or with one too small that still covers most of his foot, her halizah is valid. If she performed the halitzah at night, her halitzah is valid. Rabbi Elazar disqualifies halitzah at night. If she performed it with the yavam’s left shoe, her halitzah is invalid. Rabbi Elazar validates it.

3 If she took off his shoe and spat, but did not recite the formula, her halitzah is valid. If she recited the formula and spat, but did not take off the shoe, her halitzah is invalid. If she took off the shoe and recited the formula but did not spit: Rabbi Eliezer says her halitzah is invalid, and Rabbi Akiva says: her halitzah is valid. Rabbi Eliezer said to him: “‘So must be done,’Deuteronomy 25:9 anything which is a deed is essential.” Rabbi Akiva said to him: “Is that your proof? ‘So must be done to the man,’ only that which is to be done to the man is essential.”

4 If a deaf yavam submitted to halitzah or if a deaf yevamah performed halitzah, or if a halitzah was performed on a minor, the halizah is invalid. If a minor yevamah performed halitzah, she must again perform halitzah when she becomes an adult. If she does not again perform it, the halitzah is invalid.

5 If she performed halitzah in the presence of two men or in the presence of three men and one of them was discovered to be a relative or in any other way unfit to act as judge, her halitzah is invalid. Rabbi Shimon and Rabbi Yohanan Ha-Sandelar declare it valid. And it once happened that a man submitted to halitzah between himself and herself in a prison, and when the case came before Rabbi Akiva, he declared the halitzah valid.

6 This is the procedure in the performance of the commandment of halitzah: He and his deceased brother’s wife come to the court, and they offer him appropriate advice, for it says, “Then the elders of his city must call him and speak to him.”Deuteronomy 25:8Deuteronomy 25:7Deuteronomy 25:8Deuteronomy 25:9Deuteronomy 25:10 She then says: “My husband’s brother refuses to establish a name for his brother in Israel; he will not perform the duty of a levir yavam.” Then he says: “I do not wish to marry her.” These sayings were spoken in the holy tongue Hebrew. “Then his brother’s widow must go up to him in the presence of the elders, pull the sandal off his foot and spit in his face,” spit that the judges can see. “And make this declaration: This is what must be done to the man who will not build up his brother’s house.” Up to this point they used to dictate. When Rabbi Hyrkanus was under the terebinth at Kefar Etam he dictated the reading and completed the entire section, and the practice was established to complete the entire section. “And he will go in Israel by the name of ‘the family of the unsandaled one’.” The recitation of this verse is a commandment to be performed by the judges and not by the disciples. Rabbi Judah says: it is a commandment required of everyone present to call out “the man that had his shoe pulled off, the man that had his shoe pulled off, the man that had his shoe pulled off.”

1 Beth Shammai says: Only those who are betrothed may exercise the right of refusal. But Beth Hillel says: Both those who are betrothed and those who are married. Beth Shammai says: A declaration of refusal may be made against a husband but not against a yavam. But Beth Hillel says: Either against a husband or against a yavam. Beth Shammai says: The declaration must be made in his presence. But Beth Hillel says: Either in his presence or not in his presence. Beth Shammai says: The declaration must be made before the court. But Beth Hillel says: Either before the court or not before the court. Beth Hillel said to Beth Shammai: A girl may exercise the right of refusal while she is a minor even four or five times. Beth Shammai said to them: “The daughters of Israel are not ownerless property! Rather, she makes a declaration of refusal and then waits until she is an adult, then makes a declaration of refusal and marries again.”

2 Which minor must make the declaration of refusal? Any whose mother or brothers have given her in marriage with her consent. If they gave her in marriage without her consent, she need not make any declaration of refusal. Rabbi Hanina ben Antigonus says: Any child who is unable to take care of her token of betrothal need not make any declaration of refusal. Rabbi Eliezer says: The act of a minor has no validity at all. Instead, she is to be regarded as one seduced. The daughter of an Israelite who was married to a priest may not eat terumah, and the daughter of a priest who was married to an Israelite may eat terumah.

3 Rabbi Eliezer ben Jacob says: In the case of any hindrance that was due to the husband, she is considered to be his wife. But in the case of any hindrance that was not due to the husband she is not considered to be his wife.

4 If a minor made a declaration of refusal against a man, he is permitted to marry her relatives and she is permitted to marry his relatives, and he does not disqualify her from marrying a priest. If he gave her a get, he is forbidden to marry her relatives and she is forbidden to marry his relatives, and he also disqualifies her from marrying a priest. If he gave her a get and remarried her and then she made a declaration of refusal against him, and then she was married to another man and became a widow or was divorced, she is permitted to return to him. If she made a declaration of refusal against him and then he remarried her, and then he gave her a get and then she was married to another man and became a widow or was divorced, she is forbidden to return to him. This is the general rule: if divorce followed meun she is forbidden to return to him, and if meun followed divorce she is permitted to return to him.

5 If a minor made a declaration of refusal against a man, and then she was married to another man who divorced her, and afterward to another man against whom she made a declaration of refusal, and then to another man who divorced her, she is forbidden to return to any man from whom she was separated by a get, but is permitted to return to any man from whom she was separated by her declaration of refusal.

6 If a man divorced his wife and remarried her, she is permitted to marry the yavam. Rabbi Elazar forbids. Similarly, if a man divorced an orphan and remarried her, she is permitted to marry the yavam. Rabbi Elazar forbids. If a minor was given in marriage by her father and was divorced, she is like an orphan in her father’s lifetime. If her husband then remarried her, all agree that she is forbidden to marry the yavam.

7 If two brothers were married to two sisters who were minors and orphans, and the husband of one of them died, the widow is free because she is the yavam’s wife’s sister. Similarly in the case of two deaf-mute sisters. If the two brothers were married to two sisters one of whom was an adult and the other a minor, if the husband of the minor died, the minor is free because she is the yavam’s wife’s sister. If the husband of the elder sister died: Rabbi Eliezer says the minor is to be instructed to make a declaration of refusal against him. Rabban Gamaliel says: If she made a declaration of refusal, then she did so. But if she did not, let her wait until she is an adult and then she will be free because she is the yavam’s wife’s sister. Rabbi Joshua says: Woe to him because of his wife and woe to him because of his brother’s wife! He must divorce his wife by giving her a get, and he must release his brother’s wife through halitzah.

8 If a man who was married to two minor orphans died, intercourse or halitzah with one of them exempts her rival. And the same is true with regard to two deaf women. If a man was married to a minor and to a deaf woman and then died, intercourse with one of them does not exempt her rival. If one could hear and one was deaf, intercourse with the hearing woman exempts the deaf woman, but intercourse with the deaf woman does not exempt the hearing woman. If one was an adult and the other a minor, intercourse with the adult exempts the minor, but intercourse with the minor does not exempt the adult.

9 If a man who was married to two orphans who were minors died, and the yavam had intercourse with one, and then he also had intercourse with the other, or his the yavam’s brother had intercourse with the other, he has not disqualified the first for him. And the same is true with regard to two deaf women. If one was a minor and the other deaf, and the yavam had intercourse with the minor and then he had intercourse with the deaf widow, or a brother of his had intercourse with the deaf widow, he has not disqualified the minor for him. If the yavam had intercourse with the deaf widow and then he also had intercourse with the minor, or a brother of his had intercourse with the minor, he has disqualified the deaf widow for him.

10 If one could hear and the other deaf, and the yavam had intercourse with the hearing woman and then he also had intercourse with the deaf woman, or a brother of his had intercourse with the deaf woman, he does not disqualify the former for him. If the yavam had intercourse with the deaf woman, and then he also had intercourse with the hearing woman, or a brother of his had intercourse with the hearing woman, he disqualifies the deaf woman for him.

11 If one was an adult and the other a minor, and the yavam had intercourse with the adult, and then he had intercourse with the minor, or a brother of his had intercourse with the minor, he does not disqualify the elder for him. If the yavam had intercourse with the minor, and then he also had intercourse with the adult, or a brother of his had intercourse with the adult, he disqualifies the minor for him. Rabbi Elazar says: the minor is to be instructed to make a declaration of refusal.

12 If a yavam who was a minor had intercourse with a yevamah who was a minor, they should be brought up together. If he had intercourse with a yevamah who was an adult, she should bring him up until he is an adult. If a yevamah declared within thirty days after yibbum, “He has not had intercourse with me,” they force him to perform halitzah. If her declaration was made after thirty days, they request that he perform halitzah. If he admits that he did not have intercourse with her, they force him to perform halitzah.

13 If a woman vowed to have no benefit from her yavam: If the vow was made during the husband’s lifetime, they force him to perform halitzah. If her vow was made after the death of her husband, they ask him to perform halitzah. If this was her intention, even if her vow was made during the lifetime of her husband, they ask him to perform halitzah.

1 If a deaf man married a hearing woman or a hearing man married a deaf woman, he may, if he wishes, divorce her, and he may, if he wishes, retain her. Just as he marries by gestures so he divorces her by gestures. If a hearing man married a hearing woman and she became deaf, he may, if he wishes, divorce her, and he may, if he wishes, retain her. If she became insane he may not divorce her. If he became deaf or insane, he may never divorce her. Rabbi Yohanan ben Nuri says: Why may a woman who became deaf be divorced while a man who became deaf may not divorce his wife? They answered him: a man who divorces is not like a woman who is divorced, for while a woman may be divorced with her consent and without her consent, a man can divorce only with his consent.

2 Rabbi Yohanan ben Gudgada testified concerning a deaf-mute whose father had given her in marriage, that she could be sent away with a bill of divorce. They said to him: the other also is similar to her.

3 If two deaf brothers were married to two deaf sisters, or to two sisters who could hear, or to two sisters one of whom was deaf and the other could hear. Likewise, if two deaf sisters were married to two brothers who could hear, or to two deaf brothers, or to two brothers one of whom was deaf and the other could hear: These women are exempt from halitzah and from yibbum. If the women were unrelated women, they must marry them, and if they wish to divorce them, they may do so.

4 If two brothers, one of whom was deaf and the other could hear, were married to two sisters who could hear, and the deaf brother, the husband of the sister who could hear, died, what should the brother who could hear, the husband of the sister who could hear, do? Nothing, since she is exempt, because she is his wife’s sister. If the brother who could hear, the husband of the sister who could hear, died, what should the deaf brother, the husband of the sister who could hear, do? He must release his wife with a get, while his brother’s wife is forbidden forever to marry again.

5 If two hearing brothers were married to two sisters one of whom was deaf and the other could hear, and the hearing brother, the husband of the deaf sister, died, what should the hearing brother, the husband of the sister who could hear, do? Nothing, since she is exempt because she is his wife’s sister. If the hearing brother, the husband of the sister who could hear, died, what should the hearing brother, the husband of the deaf sister, do? He must release his wife with a get and his brother’s wife by halitzah.

6 If two brothers, one of whom was deaf and the other could hear, were married to two sisters, one of whom was deaf and the other could hear, and the deaf brother, the husband of the deaf sister, died, what should the brother who could hear, the husband of the sister who could hear, do? Nothing, since she is exempt because she is his wife’s sister. If the hearing brother, the husband of the sister who could hear, died, what should the deaf brother, the husband of the deaf sister, do? He must release his wife with a get, while his brother’s wife is forever forbidden to marry again.

7 If two brothers, one of whom was deaf and the other could hear, were married to two unrelated women who could hear, and the deaf brother, the husband of the woman who could hear, died, what should the hearing brother, the husband of the hearing woman, do? He either performs halitzah or yibbum. If the hearing brother, the husband of the woman who could hear, died, what should the deaf brother, the husband of the woman who could hear, do? He must marry her and he may never divorce her.

8 If two hearing brothers were married to two unrelated women, one of whom could hear and the other deaf, and the hearing brother, the husband of the deaf woman died, what should the hearing brother, the husband of the hearing woman, do? He must marry her and if he wishes to divorce her he may do so. If the hearing brother, the husband of the hearing woman, died, what should the hearing brother, the husband of the deaf woman, do? He may either perform halitzah or yibbum.

9 If two brothers, one of whom was deaf and the other could hear, were married to two unrelated women, one of whom was deaf and the other could hear, and the deaf brother, the husband of the deaf woman, died, what should the hearing brother, the husband of the hearing woman do? He must marry her, but if he wishes to divorce her he may do so. If the hearing brother, the husband of the hearing woman, died, what should the deaf brother, the husband of the deaf woman, do? He must marry her and he may never divorce her.

1 If a woman and her husband went to an overseas country at a time when there was peace between him and her and when there was also peace in the world, and she came back and said, “My husband is dead,” she may marry again, and if she said, “My husband is dead and he had no children,” she may contract yibbum. If there was peace between him and her, but war in the world, or if there was discord between him and her, but peace in the world, and she came back and said, “My husband is dead,” she is not believed. Rabbi Judah says: she is never believed unless she comes weeping and her clothes are torn. They said to him: she may marry in either case.

2 Bet Hillel says: we heard such a tradition only with regard to a woman who came from the harvest and whose husband died in the same country, and in a case similar to the one that happened. Bet Shammai said to them: the law is the same whether the woman came from the harvest or from olive picking, or from grape picking, or from one country to another. The Sages spoke of the harvest only because the incident to which they referred occurred then. Bet Hillel changed their view to rule in accordance with Bet Shammai.

3 Bet Shammai says: she may marry and she receives her ketubah. Bet Hillel says: she may marry but she does not receive her ketubah. Bet Shammai said to them: you have permitted what might be the serious consequence of illicit intercourse, why should you not permit the taking of her husband’s money which is of less consequence! Bet Hillel said to them: we find that based on her testimony, the brothers may not receive their inheritance. Bet Shammai said to them: do we not learn this from her ketubah scroll where her husband writes to her “If you are married to another man, you will receive what is prescribed for you!” Bet Hillel changed their view to rule in accordance with Bet Shammai.

4 All are believed to testify for her concerning her husband’s death except for her mother-in-law, the daughter of her mother-in-law, her rival wife, her sister-in-law and her husband’s daughter. Why is the bringing of a letter of divorce different from testifying regarding death? The written document provides the proof. If one witness stated, “He is dead,” and his wife married again, and another came and stated “He is not dead,” she need not leave her new husband. If one witness said “He is dead” and two witnesses said “He is not dead,” even if she married again, she must leave him. If two witnesses stated, “He is dead,” and one witness stated, “He is not dead,” even if she had not married, she may do so.

5 If one wife said “He is dead,” and the other wife said, “He is not dead,” the one who said, “He is dead” may marry again and she also receives her ketubah, while the one who said, “He is not dead,” may neither marry again nor does she receive her ketubah. If one wife said, “He is dead” and the other stated “He was killed”: Rabbi Meir says: since they contradict one another, they may not marry again. Rabbi Judah and Rabbi Shimon say: since both admit that he is not alive, both may marry again. If one witness says, “He is dead,” and another witness says “He is not dead,” or if one woman says “He is dead,” and another woman says, “He is not dead,” she may not marry again.

6 If a woman and her husband went to an overseas country, and she returned and stated, “My husband is dead,” she may be married again and she also receives her ketubah. However, her rival wife is forbidden to remarry. If her rival wife was the daughter of an Israelite who was married to a priest, she is permitted to eat terumah. These are the words of Rabbi Tarfon. Rabbi Akiva says: this does not keep her from wrongdoing, unless it is ruled that she is forbidden both to marry and to eat terumah.

7 If she stated, “My husband died first and my father-in-law died after him,” she may marry again and she also receives her ketubah, but her mother-in-law is forbidden to remarry. If her mother-in-law was the daughter of an Israelite who was married to a priest, she is permitted to eat terumah. These are the words of Rabbi Tarfon. Rabbi Akiva says: this does not keep her from wrongdoing, unless it is ruled that she is forbidden both to marry and to eat terumah. If a man betrothed one of five women and he does not know which of them he has betrothed, and each states, “He has betrothed me,” he gives a letter of divorce to every one of them, and he leaves one ketubah sum for them and withdraws. These are the words of Rabbi Tarfon. Rabbi Akiva says: this does not keep him from wrongdoing, unless he gives to each of them both a get and a ketubah. If a man robbed one of five persons and does not know which of them he has robbed, and each one states, “He has robbed me,” he leaves the amount of the robbery among them and withdraws. These are the words of Rabbi Tarfon. Rabbi Akiva says: this does not keep him from wrongdoing, unless one pays the full amount of the robbery to every one of the persons involved.

8 A woman who went with her husband to an overseas country, and her son was with her, and who came back and stated, “My husband died and afterward my son died,” is believed. If she stated “My son died and afterward my husband died,” she is not believed, but we are concerned that her words might be true and she must, therefore, perform halitzah but may not contract yibbum.

9 If a woman states, “A son was given to me while I was in an overseas country” and she also states, “My son died and afterward my husband died,” she is believed. If she states, “My husband died and afterward my son died,” she is not believed, but we are concerned that her words might be true and she must, therefore, perform halitzah but may not contract yibbum.

10 If a woman states “A brother-in-law was given to me while I was in an overseas country,” and afterward she states, “My husband died and afterward my brother-in-law died” or “My brother-in-law died and afterward my husband died,” she is believed. If a woman and her husband and her brother-in-law went to an overseas country, and she on returning home stated, “My husband died and afterward my brother-in-law died” or “My brother-in-law died and afterward my husband died,” she is not believed. For a woman is not to be believed when she asserts “My brother-in-law is dead,” in order that she may marry again, nor is she believed when she states that her sister is dead, in order that she may enter his house. A man also is not believed when he states “My brother is dead,” so that he may have yibbum with his wife, nor when he states that his wife is dead, in order that he may marry her sister.

1 A woman whose husband and rival wife went to an overseas country, and to whom people came and said, “Your husband is dead,” must neither marry nor contract yibbum until she has established whether her rival wife is pregnant. If she had a mother-in-law, she need not be concerned she had another son. But if the mother-in-law departed while pregnant, she must be concerned that another son was born. Rabbi Joshua says: she need not be concerned.

2 Two sisters-in-law, one says, “My husband is dead,” and the other also says, “My husband is dead,” each is forbidden to remarry because of the other’s husband. If one had witnesses and the other had no witnesses, the woman who has witnesses is forbidden, while the woman who has no witnesses is permitted. If the one has children and the other has no children, the woman who has children is permitted and the woman who has no children is forbidden. If they contracted yibbum, and the yevamim died, they are forbidden to marry again. Rabbi Elazar says: since they were permitted to marry the yevamim, they are subsequently permitted to marry any man.

3 They are allowed to testify only about the face with the nose, even though there were also marks on the man’s body or clothing. They are allowed to testify only when he has died, even though they have seen him cut up or crucified or being devoured by a wild beast. They are allowed to testify only if they saw the body within three days of death. Rabbi Judah ben Baba says: not all men, all places, or all times are alike.

4 If a man fell into water, whether it had a visible end or not, his wife is forbidden to marry again. Rabbi Meir said: it once happened that a man fell into a large cistern and came out after three days. Rabbi Yose: it once happened that a blind man descended into a cave to immerse and his guide went down after him; and after waiting long enough for them to die, permission was given to their wives to marry again. Another incident occurred at Asia where a man was lowered into the sea, and only his leg was brought up, and the Sages ruled: if the recovered leg contained the part above the knee the man’s wife may marry again, but if it contained only the part below the knee, she may not marry again.

5 Even if he only heard women saying, “So-and-so is dead,” this is enough. Rabbi Judah says: even if he only heard children saying, “We are going to mourn for a man named so-and-so and to bury him,” it is enough. Whether such statement was made with the intention of providing evidence or was made with no such intention it is valid. Rabbi Judah ben Bava says: with an Israelite the evidence is valid only if the man had the intention of acting as witness. In the case of a non-Jew the evidence is invalid if his intention was to act as witness.

6 They may testify even if the body was seen in candlelight or in moonlight. And a woman may be given permission to marry again on the evidence of a mere voice. It once happened that a man was standing on the top of a hill and called out, “So-and-so son of so-and-so from such-and-such a place is dead,” but when they went to the top of the hill they didn’t find anyone there. Nevertheless, they allowed his wife to remarry. In another instance, at Zalmon a person declared, “I am so-and-so son of so-and-so; a snake has bitten me, and I am dying,” and when they went to examine the corpse they did not recognize him. They nevertheless allowed his wife to remarry.

7 Rabbi Akiva said: When I went down to Nehardea to add a leap month to the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one permits a married woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava.” “That is so,” I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a married woman to remarry on the evidence of one witness.’” And when I came and recounted the conversation in the presence of Rabban Gamaliel, he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one who states that he has heard from another witness, from a slave, from a woman or from a female slave. Rabbi Eliezer and Rabbi Joshua say: a woman is not allowed to remarry on the evidence of one witness. Rabbi Akiva ruled: a woman is not allowed to marry again on the evidence of a woman, on that of a slave, on that of a female slave or on that of relatives. They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the female innkeeper, “Where is our friend?” And she replied, “He is dead and I buried him,” and they allowed his wife to remarry. Should not then a priest’s wife be believed at least as much as an innkeeper? He answered them: When she gives such evidence as the innkeeper gave, she will be believed, for the innkeeper had brought out to them the dead man’s staff, his bag and the Torah scroll which he had with him.