💍 Mishnah Yevamot 13

בֵּית שַׁמַּאי אוֹמְרִים, אֵין מְמָאֲנִין אֶלָּא אֲרוּסוֹת. וּבֵית הִלֵּל אוֹמְרִים, אֲרוּסוֹת וּנְשׂוּאוֹת. בֵּית שַׁמַּאי אוֹמְרִים, בַּבַּעַל וְלֹא בַיָּבָם. וּבֵית הִלֵּל אוֹמְרִים, בַּבַּעַל וּבַיָּבָם. בֵּית שַׁמַּאי אוֹמְרִים, בְּפָנָיו. וּבֵית הִלֵּל אוֹמְרִים, בְּפָנָיו וְשֶׁלֹּא בְפָנָיו. בֵּית שַׁמַּאי אוֹמְרִים, בְּבֵית דִּין. וּבֵית הִלֵּל אוֹמְרִים, בְּבֵית דִּין וְשֶׁלֹּא בְבֵית דִּין. אָמְרוּ לָהֶן בֵּית הִלֵּל לְבֵית שַׁמַּאי, מְמָאֶנֶת וְהִיא קְטַנָּה, אֲפִלּוּ אַרְבָּעָה וַחֲמִשָּׁה פְעָמִים. אָמְרוּ לָהֶן בֵּית שַׁמַּאי, אֵין בְּנוֹת יִשְׂרָאֵל הֶפְקֵר, אֶלָּא מְמָאֶנֶת וּמַמְתֶּנֶת עַד שֶׁתַּגְדִּיל, וּתְמָאֵן וְתִנָּשֵׂא:

The Sages decreed that in the case of a minor girl whose father died, her mother or brothers may marry her off. However, such a marriage does not have the same legal status as the marriage of an adult. Therefore, if the minor regrets having married, she is allowed to make a declaration of refusal to her husband, thereby annulling the marital bond. The Sages disagreed with regard to the details of this halakha: Beit Shammai say: Only betrothed girls may refuse. A girl may refuse, upon reaching adulthood, to remain married to the man to whom her mother or brothers married her as a minor after the death of her father. But Beit Hillel say that both betrothed and fully married girls may refuse. Beit Shammai say: Refusal may be directed only at her husband and not at her yavam. In such a situation, she must perform ḥalitza in order to dissolve the levirate bond. But Beit Hillel say: It may be directed at her husband or her yavam. Beit Shammai say: The refusal must take place specifically in the presence of the husband. But Beit Hillel say: It may take place either in his presence or in his absence. Beit Shammai say: The refusal must take place specifically in court. But Beit Hillel say: It may take place either in court, or not in court. Beit Hillel said to Beit Shammai: She may refuse as long as she is a minor, even four or five times if her relatives married her off again to another man after each refusal. Beit Shammai said to them: The daughters of Israel are not to be treated with disregard and should not be passed from one man to another. Rather, she refuses once. And then she must wait until she reaches majority, and refuse, and marry.

אֵיזוֹ הִיא קְטַנָּה שֶׁצְּרִיכָה לְמָאֵן, כֹּל שֶׁהִשִּׂיאוּהָ אִמָּהּ וְאַחֶיהָ לְדַעְתָּהּ. הִשִּׂיאוּהָ שֶׁלֹּא לְדַעְתָּהּ, אֵינָהּ צְרִיכָה לְמָאֵן. רַבִּי חֲנִינָא בֶּן אַנְטִיגְנוֹס אוֹמֵר, כָּל תִּינוֹקֶת שֶׁאֵינָהּ יְכוֹלָה לִשְׁמֹר קִדּוּשֶׁיהָ, אֵינָהּ צְרִיכָה לְמָאֵן. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אֵין מַעֲשֵׂה קְטַנָּה כְלוּם, אֶלָּא כִמְפֻתָּה. בַּת יִשְׂרָאֵל לְכֹהֵן, לֹא תֹאכַל בַּתְּרוּמָה. בַּת כֹּהֵן לְיִשְׂרָאֵל, תֹּאכַל בַּתְּרוּמָה:

Who is a minor girl who needs to perform refusal in order to annul her marriage? Any minor whose mother or brother married her off with her consent. If they married her off without her consent, she need not refuse her husband at all and may leave her husband without a declaration of refusal. Rabbi Ḥanina ben Antigonus says: Any girl who is so young that she cannot keep her betrothal, i.e., the money or document of betrothal, safe does not need to refuse, as the Sages instituted marriage only for a girl old enough to understand what she is doing. Rabbi Elazar says: The act of a minor girl is nothing, so that if a minor girl’s mother or brothers marry her off, the marriage is essentially invalid. Rather, her status is as though she were a seduced unmarried woman. Therefore, a minor daughter of a non-priest married to a priest may not eat teruma, and the minor daughter of a priest married to an Israelite may eat teruma.

רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, כָּל עַכָּבָה שֶׁהִיא מִן הָאִישׁ, כְּאִלּוּ הִיא אִשְׁתּוֹ. וְכָל עַכָּבָה שֶׁאֵינָהּ מִן הָאִישׁ, כְּאִלּוּ אֵינָהּ אִשְׁתּוֹ:

Rabbi Eliezer ben Ya’akov says otherwise: If there is any obstruction in the matter due to the man, it is as if she were his wife. If there is any obstruction in the matter that is not due to the man, it is as if she were not his wife. This statement will be explained in the Gemara.

הַמְמָאֶנֶת בָּאִישׁ, הוּא מֻתָּר בִּקְרוֹבוֹתֶיהָ, וְהִיא מֻתֶּרֶת בִּקְרוֹבָיו, וְלֹא פְסָלָהּ מִן הַכְּהֻנָּה. נָתַן לָהּ גֵּט, הוּא אָסוּר בִּקְרוֹבוֹתֶיהָ, וְהִיא אֲסוּרָה בִקְרוֹבָיו, וּפְסָלָהּ מִן הַכְּהֻנָּה. נָתַן לָהּ גֵּט וְהֶחֱזִירָהּ, מֵאֲנָה בוֹ וְנִשֵּׂאת לְאַחֵר וְנִתְאַרְמְלָה אוֹ נִתְגָּרְשָׁה, מֻתֶּרֶת לַחֲזֹר לוֹ. מֵאֲנָה בוֹ וְהֶחֱזִירָהּ, נָתַן לָהּ גֵּט וְנִשֵּׂאת לְאַחֵר וְנִתְאַרְמְלָה אוֹ נִתְג��ָרְשָׁה, אֲסוּרָה לַחֲזֹר לוֹ. זֶה הַכְּלָל, גֵּט אַחַר מֵאוּן, אֲסוּרָה לַחֲזֹר לוֹ. מֵאוּן אַחַר גֵּט, מֻתֶּרֶת לַחֲזֹר לוֹ:

If a minor girl refuses a man, he is permitted to marry her close relatives, such as her mother or her sister, and she is permitted to marry his close relatives, such as his father or brother, and he has not disqualified her from marrying into the priesthood, as she is not considered divorced. However, if he gave her a bill of divorce, then even though the marriage was valid according to rabbinic law and not Torah law, he is prohibited from marrying her close relatives, and she is prohibited from marrying his close relatives, and he has disqualified her from marrying into the priesthood. If he gave her a bill of divorce but afterward remarried her, and she subsequently refused him and married another man, and then she was widowed or divorced from her second husband, she is permitted to return to him. Since she left him the last time by means of refusal, the refusal cancels the bill of divorce that he gave her previously, and her status is that of a minor girl who refused her husband, who is not forbidden to her first husband after a second marriage. However, if the order was different, and if she refused him and he subsequently remarried her, and this time he gave her a bill of divorce and she married another man, and she was widowed or divorced, she is forbidden to return to him, like any divorced woman who married another man. This is the principle concerning a minor girl who refused her husband and then married several times: If the bill of divorce followed the refusal and she remarried, she is forbidden to return to him. If the refusal followed the bill of divorce, she is permitted to return to him. Since the refusal followed the bill of divorce it is clear that she was a minor and neither the marriage nor the divorce were valid by Torah law. However, when the ultimate separation is by means of a bill of divorce, there is no indication that she was a minor at the time and there is potential for confusion with an adult divorcée.

הַמְמָאֶנֶת בָּאִישׁ וְנִשֵּׂאת לְאַחֵר וְגֵרְשָׁהּ, לְאַחֵר וּמֵאֲנָה בוֹ, לְאַחֵר וְגֵרְשָׁהּ, לְאַחֵר וּמֵאֲנָה בוֹ, כֹּל שֶׁיָּצָאת הֵימֶנּוּ בְגֵט, אֲסוּרָה לַחֲזֹר לוֹ. בְּמֵאוּן, מֻתֶּרֶת לַחֲזֹר לוֹ:

If a minor girl refuses one man and marries another, and he divorces her, and then she marries another man and refuses him, and then she marries another man and he divorces her, this is the principle for this case: With regard to anyone she leaves by means of a bill of divorce, it is prohibited for her to return to him. With regard to anyone she leaves by means of refusal, she is permitted to return to him.

הַמְגָרֵשׁ אֶת הָאִשָּׁה וְהֶחֱזִירָהּ, מֻתֶּרֶת לַיָּבָם. וְרַבִּי אֱלִיעֶזֶר אוֹסֵר. וְכֵן הַמְגָרֵשׁ אֶת הַיְתוֹמָה וְהֶחֱזִירָהּ, מֻתֶּרֶת לַיָּבָם. וְרַבִּי אֱלִיעֶזֶר אוֹסֵר. קְטַנָּה שֶׁהִשִּׂיאָהּ אָבִיהָ וְנִתְגָּרְשָׁה, כִּיתוֹמָה בְחַיֵּי הָאָב. הֶחֱזִירָהּ, דִּבְרֵי הַכֹּל, אֲסוּרָה לַיָּבָם:

With regard to one who divorces a woman and remarries her and then dies childless, his wife is permitted to enter into levirate marriage with her yavam, but Rabbi Elazar prohibits this. Likewise, with regard to one who divorces an orphaned minor girl whose mother and brothers married her off and remarries her and subsequently dies, she is permitted to the yavam in levirate marriage, and Rabbi Elazar prohibits it. A minor girl whose father married her off, in which case the marriage is valid by Torah law, and who was subsequently divorced while she was still a minor is like an orphan during the lifetime of her father, as he no longer has the right to marry her off, and she cannot become fully married because she is a minor. And if the husband remarries her while she is still a minor and then dies childless, everyone agrees that she is forbidden to the yavam and may not enter into levirate marriage.

שְׁנֵי אַחִין נְשׂוּאִין לִשְׁתֵּי אֲחָיוֹת יְתוֹמוֹת קְטַנּוֹת, וּמֵת בַּעְלָהּ שֶׁל אַחַת מֵהֶן, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. וְכֵן שְׁתֵּי חֵרְשׁוֹת גְדוֹלָה וּקְטַנָּה, מֵת בַּעְלָהּ שֶׁל קְטַנָּה, תֵּצֵא הַקְּטַנָּה מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת בַּעְלָהּ שֶׁל גְּדוֹלָה, רַבִּי אֱלִיעֶזֶר אוֹמֵר, מְלַמְּדִין אֶת הַקְּטַנָּה שֶׁתְּמָאֵן בּוֹ. רַבָּן גַּמְלִיאֵל אוֹמֵר, אִם מֵאֲנָה, מֵאֲנָה. וְאִם לָאו, תַּמְתִּין עַד שֶׁתַּגְדִּיל, וְתֵצֵא הַלָּזוּ מִשּׁוּם אֲחוֹת אִשָּׁה. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, אִי לוֹ עַל אִשְׁתּוֹ, וְאִי לוֹ עַל אֵשֶׁת אָחִיו. מוֹצִיא אֶת אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו בַּחֲלִיצָה:

If two brothers are married to two minor sisters, and the husband of one of them dies childless, this widowed girl shall be exempt from levirate marriage due to her status as a forbidden relative, as one is prohibited from marrying the sister of his wife. The same halakha applies to two deaf-mute women, whose status is like that of two minors in this matter, as their marriages are valid by rabbinic law. And if two brothers were married to two sisters, one of them an adult and the other a minor, and the husband of the minor dies, the minor shall leave due to her status as the sister of a wife, as in the first case in the mishna. But if the husband of the adult dies, it generates a Torah obligation of levirate marriage, which is not abrogated by the rabbinic prohibition proscribing the yevama as his wife’s sister. This prohibition is by rabbinic law, because marriage to a minor is rabbinic in origin. What does one do under such circumstances? Rabbi Eliezer says: We instruct the minor, i.e., his wife, to refuse him, so that her marriage is dissolved and he may then enter into levirate marriage with her adult sister, the widow of his childless brother. Rabban Gamliel says: If the minor refuses of her own accord, her refusal is valid. And if not, she should wait until she reaches majority, whereupon her marriage is valid by Torah law, and that widowed adult sister shall be exempt from levirate marriage due to her status as the sister of a wife. Rabbi Yehoshua says: When the brother married to the adult sister dies, leaving the brother married to the minor, woe [ee] to him for his wife, woe to him for his brother’s wife. Under these circumstances, he loses both women: He must release his own wife with a bill of divorce and his brother’s wife by performing ḥalitza. He cannot stay married to his wife because she is the sister of his yevama, and he cannot enter into levirate marriage with the yevama even after divorcing his wife, because the yevama is his wife’s sister. The principle that one is completely absolved from levirate marriage when the potential yevama is a forbidden relative does not apply because Torah law does not recognize his marriage to his minor wife. That marriage’s rabbinic sanction does not suffice to render the yevama, his wife’s sister, a forbidden relative who is not a candidate for levirate marriage.

מִי שֶׁהָיָה נָשׂוּי לִשְׁתֵּי יְתוֹמוֹת קְטַנּוֹת, וּמֵת, בִּיאָתָהּ אוֹ חֲלִיצָתָהּ שֶׁל אַחַת מֵהֶן פּוֹטֶרֶת צָרָתָהּ. וְכֵן שְׁתֵּי חֵרְשׁוֹת. קְטַנָּה וְחֵרֶשֶׁת, אֵין בִּיאַת אַחַת מֵהֶן פּוֹטֶרֶת צָרָתָהּ. פִּקַּחַת וְחֵרֶשֶׁת, בִּיאַת הַפִּקַּחַת פּוֹטֶרֶת אֶת הַחֵרֶשֶׁת, וְאֵין בִּיאַת הַחֵרֶשֶׁת פּוֹטֶרֶת אֶת הַפִּקַּחַת. גְּדוֹלָה וּקְטַנָּה, בִּיאַת הַגְּדוֹלָה פוֹטֶרֶת אֶת הַקְּטַנָּה, וְאֵין בִּיאַת הַקְּטַנָּה פוֹטֶרֶת אֶת הַגְּדוֹלָה:

If a man was married to two orphaned minors and died, consummation of levirate marriage or ḥalitza with one of them exempts her rival wife from either levirate marriage or ḥalitza, rendering her free to remarry. Likewise, if two deaf-mutes were married to one man who died, consummation of levirate marriage or ḥalitza with one of them exempts her rival wife. In both of these cases, both women are married by rabbinic law and consequently become yevamot by rabbinic law. Since their statuses are equal, one can exempt the other. If one wife is a minor and the other is a deaf-mute, consummation of levirate marriage or ḥalitza with one of them does not exempt her rival wife. Although both women are married by rabbinic law, their statuses are not the same and one cannot exempt the other. If one of them was halakhically competent and one was a deaf-mute, consummation of levirate marriage with the halakhically competent wife exempts the deaf-mute, as the halakhically competent women’s marriage and levirate marriage are by Torah law. But consummation of levirate marriage with the deaf-mute does not exempt the halakhically competent wife. Likewise, if one was an adult woman and one a minor girl, consummation of levirate marriage with the adult exempts the minor but consummation of levirate marriage with the minor does not exempt the adult.

מִי שֶׁהָיָה נָשׂוּי לִשְׁתֵּי יְתוֹמוֹת קְטַנּוֹת, וּמֵת, בָּא יָבָם עַל הָרִאשׁוֹנָה, וְחָזַר וּבָא עַל הַשְּׁנִיָּה, אוֹ שֶׁבָּא אָחִיו עַל הַשְּׁנִיָּה, לֹא פָסַל אֶת הָרִאשׁוֹנָה. וְכֵן שְׁתֵּי חֵרְשׁוֹת. קְטַנָּה וְחֵרֶשֶׁת, בָּא יָבָם עַל הַקְּטַנָּה, וְחָזַר וּבָא עַל הַחֵרֶשֶׁת, אוֹ שֶׁבָּא אָחִיו עַל הַחֵרֶשֶׁת, לֹא פָסַל אֶת הַקְּטַנָּה. בָּא יָבָם עַל הַחֵרֶשֶׁת, וְחָזַר וּבָא עַל הַקְּטַנָּה, אוֹ שֶׁבָּא אָחִיו עַל הַקְּטַנָּה, פָּסַל אֶת הַחֵרֶשֶׁת:

If a man was married to two minor orphans and he died, and a yavam engaged in intercourse with the first of them to consummate the levirate marriage, and then engaged in intercourse with the second, or if his brother who is also their yavam engaged in intercourse with the second, the yavam or his brother did not disqualify the first girl from staying married to him, as her levirate marriage was consummated. Likewise, if the two wives were two female deaf-mutes, the first wife may remain married to the yavam. Intercourse with the second wife, though prohibited, has no effect: If the marriage was of uncertain status, then either the levirate marriage was concluded when he engaged in intercourse with the first, or neither wife was really married to the first husband, and they are therefore not rival wives. If the initial marriage was partial, then since both wives have the same standing, the levirate marriage with the first wife fully realizes whatever degree of levirate marriage is available. If one wife was a minor and the other a deaf-mute, and the yavam engaged in intercourse with the minor and then engaged in intercourse with the deaf-mute, or if his brother engaged in intercourse with the deaf-mute, then the yavam or his brother disqualified the minor from staying married due to the Sages’ decree, lest it be confused with a situation where the intercourse with the deaf-mute was first. If the yavam engaged in intercourse with the deaf-mute and then engaged in intercourse with the minor, or if his brother engaged in intercourse with the minor, then the yavam or his brother disqualified the deaf-mute from staying married. The marriage to the deaf-mute creates a partial acquisition that does not exempt the second wife from levirate marriage, as she, as a minor, has a different standing. Accordingly, intercourse with the second wife also creates a partial acquisition and thereby both women are prohibited to the yavam, as it is prohibited to consummate levirate marriage with more than one wife.

פִּקַּחַת וְחֵרֶשֶׁת, בָּא יָבָם עַל הַפִּקַּחַת, וְחָזַר וּבָא עַל הַחֵרֶשֶׁת, אוֹ שֶׁבָּא אָחִיו עַל הַחֵרֶשֶׁת, לֹא פָסַל אֶת הַפִּקַּחַת. בָּא יָבָם עַל הַחֵרֶשֶׁת וְחָזַר וּבָא עַל הַפִּקַּחַת, אוֹ שֶׁבָּא אָחִיו עַל הַפִּקַּחַת, פָּסַל אֶת הַחֵרֶשֶׁת:

If one widow was halakhically competent and one widow was a deaf-mute, and the yavam engaged in intercourse with the halakhically competent woman and then engaged in intercourse with the deaf-mute, or if his brother then engaged in intercourse with the deaf-mute, the yavam or his brother did not disqualify the halakhically competent woman from staying married. Since the yavam consummated the levirate marriage with her first, the levirate bond was entirely dissolved and the intercourse with the deaf-mute, though forbidden, had no effect. If the yavam engaged in intercourse with the deaf-mute and then engaged in intercourse with the halakhically competent woman, or if his brother engaged in intercourse with the halakhically competent woman, the yavam or his brother disqualified the deaf-mute from staying married. Consummation of the levirate marriage with the deaf-mute creates only a partial acquisition that does not fully dissolve the levirate bond.

גְּדוֹלָה וּקְטַנָּה, בָּא יָבָם עַל הַגְּדוֹלָה, וְחָזַר וּבָא עַל הַקְּטַנָּה, אוֹ שֶׁבָּא אָחִיו עַל הַקְּטַנָּה, לֹא פָסַל אֶת הַגְּדוֹלָה. בָּא יָבָם עַל הַקְּטַנָּה, וְחָזַר וּבָא עַל הַגְּדוֹלָה, אוֹ שֶׁבָּא אָחִיו עַל הַגְּדוֹלָה, פָּסַל אֶת הַקְּטַנָּה. רַבִּי אֶלְעָזָר אוֹמֵר, מְלַמְּדִין הַקְּטַנָּה שֶׁתְּמָאֵן בּוֹ:

If the deceased brother had two wives, an adult and a minor, and the yavam engaged in sexual intercourse with the adult, then engaged in intercourse with the minor, or if his brother engaged in intercourse with the minor, the yavam or his brother did not disqualify the adult from staying married, as the consummation of the levirate marriage with the adult completely dissolves the levirate bond. If the yavam engaged in intercourse with the minor, and then engaged in intercourse with the adult, or if his brother engaged in intercourse with the adult, the yavam or his brother disqualified the minor from staying married. Rabbi Elazar says: The court instructs the minor to refuse him thereby annulling her marriage retroactively, and then the minor is permitted to marry any man.

יָבָם קָטָן שֶׁבָּא עַל יְבָמָה קְטַנָּה, יִגְדְּלוּ זֶה עִם זֶה. בָּא עַל יְבָמָה גְדוֹלָה, תְּגַדְּלֶנּוּ. הַיְבָמָה שֶׁאָמְרָה בְּתוֹךְ שְׁלֹשִׁים יוֹם, לֹא נִבְעָלְתִּי, כּוֹפִין אוֹתוֹ שֶׁיַּחֲלֹץ לָהּ. לְאַחַר שְׁלֹשִׁים יוֹם, מְבַקְשִׁים הֵימֶנּוּ שְׁיַּחֲלֹץ לָהּ. וּבִזְמַן שֶׁהוּא מוֹדֶה, אֲפִלּוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ כּוֹפִין אוֹתוֹ שֶׁיַּחֲלֹץ לָהּ:

If a minor yavam engaged in sexual intercourse with a minor yevama, they should grow up together, living as a married couple. He may not divorce her, as he is a minor. If he engaged in sexual intercourse with an adult yevama, she should raise him, i.e., they must stay married, as there is no way for him to divorce her until he reaches majority. When a yevama said within thirty days of her marriage: I have not engaged in sexual intercourse with him, the court forces him to perform ḥalitza with her. If she said this after thirty days but he claimed that he had engaged in sexual intercourse, the court asks him to perform ḥalitza with her, as there are grounds to believe him. And when he admits that he did not engage in intercourse with her, even after twelve months, the court forces him to perform ḥalitza with her.

הַנּוֹדֶרֶת הֲנָאָה מִיְבָמָהּ בְּחַיֵּי בַעְלָהּ, כּוֹפִין אוֹתוֹ שֶׁיַּחֲלֹץ לָהּ. לְאַחַר מִיתַת בַּעְלָהּ, מְבַקְשִׁין הֵימֶנּוּ שֶׁיַּחֲלֹץ לָהּ. וְאִם נִתְכַּוְּנָה לְכָךְ, אֲפִלּוּ בְחַיֵּי בַעְלָהּ, מְבַקְשִׁין הֵימֶנּוּ שֶׁיַּחֲלֹץ לָהּ:

If a woman vows during her husband’s lifetime to derive no benefit from her yavam, the court forces him to perform ḥalitza with her as it is forbidden for her to engage in sexual intercourse with him to consummate the levirate marriage. If she vowed after the death of her husband to derive no benefit from her yavam, the court asks him to perform ḥalitza with her. And if she intended to do so, i.e., she had an ulterior motive of avoiding levirate marriage when she vowed, even if she made the vow during her husband’s lifetime, the court merely asks him to perform ḥalitza with her.