Yevamoth, Chapter One, Mishnah One
Introduction
If a woman’s husband dies without children she is liable for yibbum to her husband’s
brother. However, if she is forbidden to her husband’s brother because of an incest
prohibition, she is not liable for yibbum. Our mishnah teaches which incest
prohibitions exempt a woman from being liable for yibbum. Furthermore, the
mishnah teaches that not only is the prohibited woman exempt from yibbum, but all
of her rival wives (those who were also married to the dead husband) are exempt from
yibbum. The mishnah states that this exemption is “ad infinitum”. This means that if
one of this woman’s rival wives has yibbum with another brother, one to whom the
wife prohibited to the other brother is not prohibited, and then this brother also dies,
all of her rival wives from the second marriage are also exempt from yibbum.
We will explain each category of forbidden relationships and try to give concrete
examples.
Mishnah One
A)
Fifteen [categories of] women exempt their rival wives and the rival wives of
their rival wives and so on ad infinitum from halitzah and from yibbum.
1st)
And these are they: (1) his daughter, (2) and the daughter of his daughter,
(3) and the daughter of his son, (4) and the daughter of his wife, (5) and the
daughter of her son (6) and the daughter of her daughter;
2nd)
(7) His mother-in-law and (8) his mother-in-law’s mother, (9) and his
father-in-law’s mother;
3rd)
(10) His maternal sister and (11) his mother’s sister and (12) his wife’s
sister
4th)
(13) And his maternal brother’s wife; (14) and the wife of his brother
who died before he was born,
5th)
(15) And his daughter-in-law.
All these exempt their rival wives and the rival wives of their rival wives, and so on, ad
infinitum, from halitzah and from yibbum.
B)
If any of them died, or made a declaration of refusal, or were divorced, or
were found incapable of procreation, their rivals are permitted.
1st)
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.
Explanation
His daughter: Reuven and Shimon are brothers. Shimon marries Reuven’s daughter
(this is permitted) and another woman. If Shimon dies, Reuven cannot perform
yibbum with his daughter. Hence, she and her rival wives are exempt from yibbum or
halitzah.
And the daughter of his daughter, and the daughter of his son: These cases are
the same as the case above, except Shimon married Reuven’s granddaughter and not
his daughter.
And the daughter of his wife and the daughter of her son and the daughter of her
daughter: Meaning his wife’s descendents who are not his children. Even though
these women are not blood relatives of his, they are still forbidden to him.
His mother-in-law and his mother-in-law’s mother, and his father-in-law’s
mother: In this case Shimon marries Reuven’ wife’s mother, or Reuven’s wife’s
maternal or paternal grandmother. Since these women are all forbidden to Reuven,
when Shimon dies without children they and their rival wives are exempt from
yibbum.
His maternal sister: Reuven and Shimon are paternal brothers. Shimon marries
Reuven’s maternal sister. This is permitted since she does not share any parent with
Shimon. When Shimon dies, she cannot have yibbum with Reuven, since he is her
brother. Therefore, she and her rival wives are exempt.
And his mother’s sister: Again, Reuven and Shimon are paternal brothers. Shimon
marries Reuven’s mother’s sister, and then dies. Since she, as Reuven’s aunt, is
prohibited to him, she and all of her rival wives are exempt from yibbum.
And his wife’s sister: Reuven and Shimon marry two sisters. When Shimon dies,
Reuven cannot marry his wife’s sister. This will be the typical case mentioned in
many subsequent mishnayoth.
And his maternal brother’s wife: Reuven and Shimon are maternal brothers and
Reuven and Levi are paternal brothers. When Shimon dies Levi marries his widow
(not through yibbum). She is permitted to him since Levi and Shimon are not
brothers. When Levi dies, Reuven should have to do yibbum with his wife.
However, she was originally Shimon’s wife and as Shimon’s wife she would not have
had to do yibbum with Reuven, since yibbum is done only with paternal brothers.
Since she was originally married to a man who made her forbidden to Reuven (the
general prohibition of marrying your brother’s wife is true for both paternal and
maternal brothers), she cannot have yibbum with him even after subsequent
marriages.
And the wife of his brother who died before he was born: Reuven marries a
woman and dies before Shimon, his brother, is born. This woman has yibbum with
Levi, a different brother. When Shimon grows up, Levi dies without children. Since
Shimon was not alive when this woman married Reuven, he cannot have yibbum with
her (this is learned exegetically from a verse). She and her rival wives are therefore
exempt.
And his daughter-in-law: Reuven and Shimon are brothers. When Reuven’s son
dies, Shimon marries the widow. When Shimon dies, this woman, who used to be
Reuven’s daughter-in-law, becomes liable to yibbum. Since she is forbidden to him,
she and all of her rival wives are exempt.
If any of them died, or made a declaration of refusal, or were divorced, or were
found incapable of procreation, their rivals are permitted: If any of these women
who were forbidden to the yavam, and therefore were themselves exempt and caused
their rival wives to be exempt, were not married at the time of the brother’s death, the
rival wives are permitted to have yibbum.
The mishnah lists several ways in which the marriage could have been terminated.
The two simplest are death and divorce. The “declaration of refusal” (me’un), refers
to a case where an orphan girl’s marriage was arranged by her mother or brother.
This type of marriage is different from the usual marriage, which is arranged by the
father. Marriage arranged by a mother or brother is only of rabbinic status; therefore
the girl has a right to refuse, and thereby annul the marriage upon her reaching
majority age. “Incapable of procreation” (aylonit) refers to a woman who never
reaches puberty. She is clearly female, but never looks like an adult female, i.e. she
has no breasts or puberty hair. [An aylonit is not merely a woman who has not had
children. She must also not look like an adult female.] By definition, this type of
woman cannot procreate. Since she cannot procreate, she is not liable for yibbum.
After all the purpose of yibbum is to have children. Since she is not subject to the
laws of yibbum, the fact that she is prohibited to the yavam does not exempt her rival
wives. In all of these cases, the brother dies after his marriage to the wife forbidden
to his brother has already been terminated. Therefore, the forbidden (former) wives
do not exempt their rival wives from yibbum.
And you cannot say of a man’s mother-in-law, or the mother of his mother-inlaw and of the mother of his father-in-law that they were found incapable of
procreation or that they made a declaration of refusal: The mishnah merely
points out that three of the above categories cannot fit two of the possibilities for
terminating marriage. A woman who has already had children (by definition a
mother-in-law has had children) cannot be considered “incapable of procreation”.
Nor could she “refuse” a marriage, for refusal of marriage takes place upon reaching
majority, and not afterwards.