Mishnayos Yevamos Perek 1 Mishnah 4
ืืืืืช ืคืจืง ืืณ ืืฉื ื ืืณ
4
Up to this point, the discussions were based on the assumption that not only may a forbidden relative not enter into levirate marriage, but her rival wife is also exempt. However, this issue is subject to a long-standing dispute. Beit Shammai permit the rival wives to the brothers, as they did not accept the interpretation of the verses that indicates that rival wives are prohibited. And Beit Hillel forbid them. The previous mishnayot are in accordance with the opinion of Beit Hillel. If any of the rival wives of the brother performed แธฅalitza, Beit Shammai disqualify her from marrying into the priesthood, as in their opinion these rival wives were fit for levirate marriage, which means that the แธฅalitza was fully valid. Consequently, they are disqualified from marrying a priest, like all other women who perform แธฅalitza. And Beit Hillel deem them fit, as they maintain that no legal act of แธฅalitza was performed here at all. If they entered into levirate marriage, Beit Shammai deem them fit for the priesthood, as in their opinion, this is a fully legal levirate marriage. And Beit Hillel disqualify them, because they engaged in licentious sexual relations as the rival wives of a forbidden relative. ยง The mishna comments: Although Beit Hillel prohibit the rival wives to the brothers and Beit Shammai permit them, and although these disqualify these women and those deem them fit, Beit Shammai did not refrain from marrying women from Beit Hillel, nor did Beit Hillel refrain from marrying women from Beit Shammai. Furthermore, with regard to all of the disputes concerning the halakhot of ritual purity and impurity, where these rule that an article is ritually pure and those rule it ritually impure, they did not refrain from handling ritually pure objects each with the other, as Beit Shammai and Beit Hillel frequently used each otherโs vessels.
ืึผึตืืช ืฉืึทืึผึทืื ืึทืชึผึดืืจึดืื ืึทืฆึผึธืจืึนืช ืึธืึทืึดืื, ืึผืึตืืช ืึดืึผึตื ืืึนืกึฐืจึดืื. ืึธืึฐืฆืึผ, ืึผึตืืช ืฉืึทืึผึทืื ืคึผืึนืกึฐืึดืื ืึดื ืึทืึผึฐืึปื ึผึธื, ืึผืึตืืช ืึดืึผึตื ืึทืึฐืฉืึดืืจึดืื. ื ึดืชึฐืึทืึผึฐืืึผ, ืึผึตืืช ืฉืึทืึผึทืื ืึทืึฐืฉืึดืืจึดืื, ืึผืึตืืช ืึดืึผึตื ืคึผืึนืกึฐืึดืื. ืึทืฃ ืขึทื ืคึผึดื ืฉืึถืึตืึผืึผ ืืึนืกึฐืจึดืื ืึฐืึตืึผืึผ ืึทืชึผึดืืจึดืื, ืึตืึผืึผ ืคึผืึนืกึฐืึดืื ืึฐืึตืึผืึผ ืึทืึฐืฉืึดืืจึดืื, ืึนื ื ึดืึฐื ึฐืขืึผ ืึผึตืืช ืฉืึทืึผึทืื ืึดืึผึดืฉึผืึธื ื ึธืฉืึดืื ืึดืึผึตืืช ืึดืึผึตื, ืึฐืึนื ืึตืืช ืึดืึผึตื ืึดืึผึตืืช ืฉืึทืึผึทืื. ืึผึธื ืึทืึผึธืึณืจืึนืช ืึฐืึทืึผึปืึฐืืึนืช ืฉืึถืึธืืึผ ืึตืึผืึผ ืึฐืึทืึฒืจึดืื ืึฐืึตืึผืึผ ืึฐืึทืึผึฐืึดืื, ืึนื ื ึดืึฐื ึฐืขืึผ ืขืึนืฉืึดืื ืึธืึณืจืึนืช ืึตืึผืึผ ืขึทื ืึผึทืึผึตื ืึตืึผืึผ:
ืืณ
ืืจืื ืืจื
ืืืช ืฉืืื ืืชืืจืื โ the rival of a woman forbidden on account of consanguinity is to be married by the levir, for they (i.e., the School of Shammai) lack this exposition/Midrashic interpretation of (Leviticus 18:18): โ[Do not marry a woman] as a rival [to her sister and uncover her nakedness in the otherโs lifetime].โ
ืืืฆื โ [they performed the ritual of Halitzah] the rival/co-wives from the brothers.
ืืืช ืฉืืื ืคืืกืืื โ the rival/co-wives from the priesthood, since their [act of] Halitzah is [considered] Halitzah.
ืืืืช ืืื ืืืฉืืจืื โ that their [act of] Halitzah was not a necessity and she is considered as one who performed Halitzah from a heathen/foreigner.
ื ืชืืืื โ to brothers.
ืืืช ืฉืืื ืืืฉืืจืื โ [The School of Shammai validates them] to Kohanim, if they had become widowed from their levirs.
ืืืืช ืืื ืคืืกืืื โ that they had engaged in sexual relationship with those forbidden to them, and one who engages in sexual relations with one prohibited to her makes her a harlot, and a harlot is prohibited to [marry] a Kohen.
ืื ื ืื ืขื โ and even though that the children of the rival/co-wives who had been married by the levir that according to the School of Shammai are Mamzerim/illegitimate according to the School of Hillel, and they are [included] in the prohibition of marrying the wife of oneโs brother upon them, and the [violation of] the [marriage of the] wife of oneโs brother is [liable to] extirpation, and those who are liable for extirpation are considered Mamzerim/illegitimate, nevertheless, [members of] the School of Hillel were not prevented from marrying women from the School of Shammai, because they would inform them of those women coming from the rival/co-wives and separate from them.
ืืื ืขื ืืื ืืื โ they would loan their utensils one to the other. And in the Gemara (Tractate Yevamot 14a), raises an objection on that which is taught [in our Mishnah]: โThe School of Shammai declares that the rival/co-wives are permitted [to enter into levirate marriage with] the brothers and the School of Hillel [prohibits] . They call it here (Deuteronomy 14:1): โYou shall not gash yourselves/ืื ืชืชืืืื โ โ do not form yourselves into religious [factions]. And they responded โ such as the case of one Jewish court in one city โ where half teach according to the School of Shammai and half teach according to the School of Hillel, but [where there are] two Jewish courts in one city, and all the more so, two Jewish courts in two towns, it does not matter.
ืืืช ืฉืืื ืืชืืจืื. ืฆืจืช ืขืจืื ืืืชืืื ืืืืื. ืืืืช ืืื ืื ืืจืฉื ืืืฆืจืืจ:
ืืืฆื. ืืฆืจืืช ืื ืืืืื:
ืืืช ืฉืืื ืคืืกืืื. ืืฆืจืืช ืื ืืืืื ื, ืฉืืืืฆืชื ืืืืฆื:
ืืืืช ืืื ืืืฉืืจืื. ืฉืืืืฆืชื ืฉืื ืืฆืืจื ืืืชื, ืืืจื ืืื ืืืืืฆืช ืื ื ืืจื:
ื ืชืืืื. ืืืืื:
ืืืช ืฉืืื ืืืฉืืจืื. ืืืชื ืืืื ืื ืื ื ืชืืืื ื ืืืืืืื:
ืืืืช ืืื ืคืืกืืื. ืฉื ืืขืื ืืืกืืจ ืืื, ืืื ืืขืืช ืืืกืืจ ืื ืขืฉืื ืืื ื ืืืื ื ืืกืืจื ืืืื:
ืื ื ืื ืขื. ืืืขืดืค ืฉืื ื ืืฆืจืืช ืฉื ืชืืืื ืืืืจื ืืืช ืฉืืื ืืืืจืื ืื ืืืดื, ืฉืืจื ืืืืกืืจ ืืฉืช ืื ืื ืขืืืื ืืืฉืช ืื ืืืจืช, ืืื ื ืืืืื ืืจืืชืืช ืืืืจืื ืื, ืืขืคืดื ืื ื ืื ืขื ืืดื ืืืืฉื ื ืฉืื ืืืดืฉ, ืืคื ืฉืืื ืืืืืขืื ืืื ืืืชื ืืืืืช ืื ืืฆืจืืช ืืคืืจืฉืื ืืื:
ืืื ืขื ืืื ืืื. ืืฉืืืืื ืืืืื ืืื ืืืื. ืืืืืจื ืคืจืื ืืื ืืชื ื ืืืช ืฉืืื ืืชืืจืื ืืช ืืฆืจืืช ืืืืื ืืืืช ืืื ืืืกืจืื, ืงืจื ืืื ืื ืชืชืืืืื, ืื ืชืืขืฉื ืืืืืืช ืืืืืืช. ืืืฉื ื, ืืืื ืืืช ืืื ืืื ืืขืืจ ืืืช ืคืื ืืืจืื ืืืืช ืฉืืื ืืคืื ืืืจืื ืืืืช ืืื. ืืื ืฉื ื ืืชื ืืื ืื ืืขืืจ ืืืช, ืืืดืฉ ืฉื ื ืืชื ืืื ืื ืืฉืชื ืขืืืจืืช ืืืช ืื ืื: