EXEMPT. IF HIS DAUGHTER'S RIVAL WENT AND MARRIED A SECOND BROTHER OFHIS,
WHO ALSO HAD YET ANOTHER WIFE WHEN HE DIED, THEN AS THE RIVAL OFHIS DAUGHTER IS EXEMPT SO IS ALSO HIS DAUGHTER'S RIVAL'S RIVAL EXEMPT,EVEN IF THERE WERE A HUNDRED [BROTHERS].
HOW [IS ONE TO UNDERSTAND THE STATEMENT THAT] IF THEY HAD DIED, THEIRRIVALS ARE PERMITTED?
IF A MAN'S DAUGHTER OR ANY OTHER OF THESEFORBIDDEN RELATIVES WAS MARRIED TO HIS BROTHER WHO HAD ALSO ANOTHERWIFE, THEN, IF HIS DAUGHTER DIED OR WAS DIVORCED, AND HIS BROTHER DIEDSUBSEQUENTLY, HER RIVAL IS PERMITTED.
THE RIVAL OF ANY ONE WHO IS ENTITLED TO MAKE A DECLARATION OFREFUSAL
BUT DID NOT EXERCISE HER RIGHT, MUST PERFORM HALIZAH [IF HERHUSBAND DIED CHILDLESS], AND MAY NOT CONTRACT LEVIRATE MARRIAGE.
GEMARA. Consider: All these
are deduced from the [exemption of] a wife's sister.
Why thenwas not HIS WIFE'S SISTER mentioned
And if it be replied that the Tanna enumerated
[the forbidden relatives] in the order of the degrees of their respective severity,
and that it [ourMishnah] represents the view of R. Simeon who regards burning
as the severest,
[it may beretorted that], if that is the case,
HIS MOTHER-IN-LAW should have been mentioned
first, since[Scripture] enunciated the principle of burning in the case of a mother-in-law.
And, furthermore,HIS DAUGHTER-IN-LAW should have come
immediately after HIS MOTHER-IN-LAW, since,next to burning, stoning
is the severest penalty! — But [this in fact is the proper reply]: Since [theprohibition of intercourse with] ‘HIS DAUGHTER’
has been arrived at by exposition
it is givenpreference.
Lit., ‘in his world’, i.e., who died before he was born. Such a brother's widow and her rivals etc. are exempt. If, forinstance, C was born after his brother A had died childless, so that his widow, N married (in accordance with the laws of the levirate marriage) a contemporary brother of his, B, who had another wife, or wives, and B also died childless, all B'swidows are exempt from halizah and yibbum as far as C is concerned on account of N who is forbidden to him.
Who married his brother after the death of his son. The marriage of a daughter-in-law is forbidden for ever, evenafter the death of one's son.
Lit., ‘(in the case of) all of them’.
Prior to the death of her husband who subsequently died childless.
Such a declaration, mi'un
, may be made against her husband (without any further necessity for a divorce) bya wife, while she is a minor, or as soon as she becomes of age, prior to cohabitation, in cases where she was betrothedeither (a) as an orphan, by her mother or brothers or (b) even in the lifetime of her father (v. infra 109a) if she was oncedivorced (after her father had contracted for her a betrothal) and was betrothed again while still a minor.
I.e., levirate marriage may be contracted, or halizah must be performed.
For, having given birth they must be of age.
Whenever one of the surviving brothers is not related to either of the widows, but another brother is, it is his duty toperform the levirate marriage or to submit to halizah.
Everyone of whom had also another wife or wives and the rival's rival married them in turn, ad infinitum.
V. p. 2, n. 7.
A minor (V. supra, p. 2, n. 6).
V. Gemara infra.
Exemptions enumerated in our Mishnah.
Lit., ‘let him teach’.
In the list.
The degree of the severity of the penalty incurred by sexual intercourse with one of these relatives.