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Yevamos 10:4 - 10:5

The Mishnah Yomi for Wednesday, January 22, 2020 is Yevamos 10:4 - 10:5

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Mishnah 1

Mishnayos Yevamos Perek 10 Mishnah 4

ื™ื‘ืžื•ืช ืคืจืง ื™ืณ ืžืฉื ื” ื“ืณ

4
In the case of one whose wife went overseas and people came and told him: Your wife is dead, and he married her sister, and afterward his wife came back from overseas, the original wife is permitted to return to him, as his erroneous marriage to her sister is considered licentious sexual relations, and one who has intercourse with his wifeโ€™s relatives has not rendered his first wife forbidden to himself. And he is permitted to the relatives of the second woman, e.g., her daughter, and this second woman is permitted to his relatives, e.g., his son, as the marriage was entirely invalid. And if the first woman died he is permitted to the second woman, despite the fact that he has already engaged in forbidden relations with her. If they said to him that his wife is dead, and he married her sister, and afterward they said to him that she was alive when he married the sister and only later died, in this case the first child, born to the sister while his wife was still alive, is a mamzer, as he was born from the union of a man and his sister-in-law, and the last one is not a mamzer. Rabbi Yosei says: Whoever disqualifies others also disqualifies himself, and whoever does not disqualify others does not disqualify himself either. Rabbi Yoseiโ€™s obscure statement will be explained by the Gemara.
ืžึดื™ ืฉืึถื”ึธืœึฐื›ึธื” ืึดืฉืึฐืชึผื•ึน ืœึดืžึฐื“ึดื™ื ึทืช ื”ึทื™ึผึธื, ื•ึผื‘ึธืื•ึผ ื•ึฐืึธืžึฐืจื•ึผ ืœื•ึน, ืžึตืชึธื” ืึดืฉืึฐืชึผึฐืšึธ, ื•ึฐื ึธืฉื‚ึธื ืึถืช ืึฒื—ื•ึนืชึธื”ึผ, ื•ึฐืึทื—ึทืจ ื›ึผึธืšึฐ ื‘ึผึธืืช ืึดืฉืึฐืชึผื•ึน, ืžึปืชึผึถืจึถืช ืœึทื—ึฒื–ึนืจ ืœื•ึน. ื”ื•ึผื ืžึปืชึผึธืจ ื‘ึผึดืงึฐืจื•ึนื‘ื•ึนืช ืฉืึฐื ึดื™ึผึธื”, ื•ึผืฉืึฐื ึดื™ึผึธื” ืžึปืชึผึถืจึถืช ื‘ึผึดืงึฐืจื•ึนื‘ึธื™ื•. ื•ึฐืึดื ืžึตืชึธื” ืจึดืืฉืื•ึนื ึธื”, ืžึปืชึผึธืจ ื‘ึผึทืฉึผืึฐื ึดื™ึผึธื”. ืึธืžึฐืจื•ึผ ืœื•ึน, ืžึตืชึธื” ืึดืฉืึฐืชึผึฐืšึธ, ื•ึฐื ึธืฉื‚ึธื ืึถืช ืึฒื—ื•ึนืชึธื”ึผ, ื•ึฐืึทื—ึทืจ ื›ึผึธืšึฐ ืึธืžึฐืจื•ึผ ืœื•ึน, ืงึทื™ึผึถืžึถืช ื”ึธื™ึฐืชึธื”, ื•ึผืžึตืชึธื”, ื”ึทื•ึผึธืœึธื“ ืจึดืืฉืื•ึนืŸ ืžึทืžึฐื–ึตืจ, ื•ึฐื”ึธืึทื—ึฒืจื•ึนืŸ ืึตื™ื ื•ึน ืžึทืžึฐื–ึตืจ. ืจึทื‘ึผึดื™ ื™ื•ึนืกึตื™ ืื•ึนืžึตืจ, ื›ึผึธืœ ืฉืึถืคึผื•ึนืกึตืœ ืขึทืœ ื™ึฐื“ึตื™ ืึฒื—ึตืจึดื™ื, ืคึผื•ึนืกึตืœ ืขึทืœ ื™ึฐื“ึตื™ ืขึทืฆึฐืžื•ึน. ื•ึฐื›ึธืœ ืฉืึถืึตื™ืŸ ืคึผื•ึนืกึตืœ ืขึทืœ ื™ึฐื“ึตื™ ืึฒื—ึตืจึดื™ื, ืึตื™ื ื•ึน ืคื•ึนืกึตืœ ืขึทืœ ื™ึฐื“ึตื™ ืขึทืฆึฐืžื•ึน:
ื“ืณ
Bartenura

ืžื•ืชืจืช ืœื—ื–ื•ืจ ืœื• โ€“ for the second betrothal is not anything, and he came upon her in prostitution, and we say in the Gemara (Tractate Yevamot 95a) (Numbers 5:13): โ€œin that a man has had carnal relations with her [unbeknown to her husband , and she keeps secret the fact that she has defiled herself without being forced],โ€ her carnal relations forbid her, but the carnal relations of her sister do not forbid her.

ื•ืžื•ืชืจ ื‘ืงืจื•ื‘ื•ืช ื”ืฉื ื™ื” โ€“ to marry her (i.e. second wifeโ€™s) daughter for ewe hold that one marries the outraged or seduced woman.

ืจื‘ื™ ื™ื•ืกื™ ืื•ืžืจ ื›ืœ ืฉืคื•ืกืœ ืข"ื™ ืื—ืจื™ื ืคื•ืกืœ ืข"ื™ ืขืฆืžื• โ€“ Rabbi Yosi is the attendant of the first Tanna/teacher when he says, it makes no difference that his wife went and his brother-in-law (wifeโ€™s sisterโ€™s husband) who is the husband of his wifeโ€™s sister abroad nor whether his betrothed and his brother-in-law went and they came and said to him: โ€œyour wife died and your brother-in-law died,โ€ and he married her sister and afterwards, his wife and his brother-in-law came; the wife of his brother-in-law is prohibited to his brother-in-law and his wife is permitted to him. And Rabbi Yosi said to him: His betrothed and his brother-in-law, for one is able to state that there was a condition in the betrothal, and this one who married her sister , married well, and requires a Jewish bill of divorce from him, so that they donโ€™t say that a married woman goes out [from a marriage] without a Jewish bill of divorce for it invalidates her in regards to others, which are his brother-in-law, for since she left him with a Jewish bill of divorce, it invalidates her from her husband, it also invalidates her for marriage for himself and his wife is forbidden to himself because she is the sister of his divorced wife. But, where his wife and his brother-in-law went abroad and he married her sister that one is not able to say that there was condition for him in the marriage, and he married her well to this one, where it is possible to say that with regard to betrothal, one does not require a Jewish bill of divorce from him and does not invalidate [his wife] to others, for he did not invalidate the wife of his brother-in-law to his brother-in-law, he doesnโ€™t invalidate her for himself. And his wife is permitted to him for she is not the sister of his divorced wife.

ืžื•ืชืจืช ืœื—ื–ื•ืจ ืœื•. ื“ืงื“ื•ืฉื™ ืฉื ื™ื” ืื™ื ืŸ ื›ืœื•ื ื•ื‘ื–ื ื•ืช ื‘ื ืขืœื™ื”. ื•ืืžืจื™ื ืŸ ื‘ื’ืžืจื ื•ืฉื›ื‘ ืื™ืฉ ืื•ืชื” (ื‘ืžื“ื‘ืจ ื—), ืฉื›ื™ื‘ืชื” ืื•ืกืจืชื” ื•ืื™ืŸ ืฉื›ื™ื‘ืช ืื—ื•ืชื” ืื•ืกืจืชื”:

ื•ืžื•ืชืจ ื‘ืงืจื•ื‘ื•ืช ื”ืฉื ื™ื”. ืœื™ืฉื ื‘ืชื”, ื“ืงื™ื™ืดืœ ื ื•ืฉืื™ื ืขืœ ื”ืื ื•ืกื” ื•ืขืœ ื”ืžืคื•ืชื”:

ืจื‘ื™ ื™ื•ืกื™ ืื•ืžืจ ื›ืœ ืฉืคื•ืกืœ ืขืดื™ ืื—ืจื™ื ืคื•ืกืœ ืขืดื™ ืขืฆืžื•. ืจืณ ื™ื•ืกื™ ืฉืžืขื™ื” ืœืชื ื ืงืžื ื“ืงืืžืจ ืœื ืฉื ื ื“ืื–ืœื™ ืืฉืชื• ื•ื’ื™ืกื• ืฉื”ื•ื ื‘ืขืœ ืื—ื•ืช ืืฉืชื• ืœืžื“ื™ื ืช ื”ื™ื ื•ืœื ืฉื ื ื“ืื–ืœื™ ืืจื•ืกืชื• ื•ื’ื™ืกื•, ื•ื‘ืื• ื•ืืžืจื• ืœื• ืžืชื” ืืฉืชืš ื•ืžืช ื’ื™ืกืš ื•ื ืฉื ืืช ืื—ื•ืชื” ื•ืื—ืดื› ื‘ืื• ืืฉืชื• ื•ื’ื™ืกื•, ืืฉืช ื’ื™ืกื• ืืกื•ืจื” ืขืœ ื’ื™ืกื•, ื•ืืฉืชื• ืžื•ืชืจืช ืœื•. ื•ืืดืœ ืจืณ ื™ื•ืกื™ ืืจื•ืกืชื• ื•ื’ื™ืกื• ื“ืื™ื›ื ืœืžื™ืžืจ ืชื ืื” ื”ื•ื™ ื‘ืงื“ื•ืฉื™ืŸ ื•ื”ืื™ ื“ื ืกื™ื‘ ืœืื—ื•ืชื” ืฉืคื™ืจ ืงื ืกื™ื‘ ื•ื‘ืขื™ื ื’ื˜ ืžื™ื ื™ื” ื“ืœื ืœื™ืžืจื• ืืฉืช ืื™ืฉ ื™ื•ืฆืืช ื‘ืœื ื’ื˜, ื“ืคืกื™ืœ ืœื” ืขืดื™ ืื—ืจื™ื ื“ื”ื™ื™ื ื• ื’ื™ืกื•, ื“ื›ื™ื•ืŸ ื“ื ืคืงื ืžื™ื ื™ื” ื‘ื’ื™ื˜ื ืืคืกืœื ืœื” ืžื‘ืขืœื”, ืคื•ืกืœ ื ืžื™ ืขืดื™ ืขืฆืžื• ื•ืืชืกืจื ืœื™ื” ืืชืชื™ื” ืขืœื™ื” ื“ื”ื•ื™ื ืื—ื•ืช ื’ืจื•ืฉืชื•, ืื‘ืœ ื”ื™ื›ื ื“ืื–ืœื™ ืืฉืชื• ื•ื’ื™ืกื• ืœืžื“ื™ื ืช ื”ื™ื ื•ืงื ื ืกื™ื‘ ืœื” ืœืื—ื•ืชื” ื“ืœื™ื›ื ืœืžื™ืžืจ ืชื ืื” ื”ื•ื” ืœื™ื” ื‘ื ืฉื•ืื™ืŸ ื•ืฉืคื™ืจ ืงื ืกื™ื‘ ืœื” ืœื”ืื™ ื›ื“ืื™ื›ื ืœืžื™ืžืจ ื‘ืื™ืจื•ืกื™ืŸ, ื•ืœื ื‘ืขื™ื ื’ื˜ ืžื™ื ื™ื” ื•ืœื ืงืคืกื™ืœ ืขืดื™ ืื—ืจื™ื ื“ื”ื ืœื ืคืกืœื” ืืฉืช ื’ื™ืกื• ืื’ื™ืกื•, ืื™ื ื• ืคื•ืกืœ ืขืดื™ ืขืฆืžื•, ื•ืฉืจื™ื ืœื™ื” ืื™ืชืชื™ื” ืฉื”ืจื™ ืื™ื ื” ืื—ื•ืช ื’ืจื•ืฉืชื•:

Mishnah 2

Mishnayos Yevamos Perek 10 Mishnah 5

ื™ื‘ืžื•ืช ืคืจืง ื™ืณ ืžืฉื ื” ื”ืณ

5
Witnesses said to a husband: Your wife is dead, and he married her paternal sister, and witnesses subsequently told him that his second wife was dead and he married her maternal sister; afterward witnesses said that this one too was dead and he married her paternal sister; finally they told him that she was dead and he married the last womanโ€™s maternal sister, and then they were all discovered to be alive. In this case he is permitted to his first wife, and to the third and to the fifth. Since these women are not sisters, his betrothal to them is effective. Consequently, if he died and one of them entered into levirate marriage, they exempt their rival wives. But he is forbidden to the second and fourth wife, each of whom is the sister of his original wife. Therefore, if he passed away and the yavam had relations with one of them, his relations with any one of them does not exempt her rival wife, as she was forbidden to his brother, which means there was no mitzva of levirate marriage here at all. And if he had relations with the second woman in the aforementioned list after the death of the first, i.e., the first one indeed died but the other rumors were all false, in that case he is permitted to the second and the fourth, who are his lawful wives, and they exempt their rival wives, and he is forbidden to the third and the fifth, the sisters of the women married to him, and the sexual relations of the brother with any one of them does not exempt her rival wife.
ืึธืžึฐืจื•ึผ ืœื•ึน, ืžึตืชึธื” ืึดืฉืึฐืชึผึฐืšึธ, ื•ึฐื ึธืฉื‚ึธื ืึฒื—ื•ึนืชึธื”ึผ ืžึตืึธื‘ึดื™ื”ึธ, ืžึตืชึธื”, ื•ึฐื ึธืฉื‚ึธื ืึฒื—ื•ึนืชึธื”ึผ ืžึตืึดืžึผึธื”ึผ, ืžึตืชึธื”, ื•ึฐื ึธืฉื‚ึธื ืึฒื—ื•ึนืชึธื”ึผ ืžึตืึธื‘ึดื™ื”ึธ, ืžึตืชึธื”, ื•ึฐื ึธืฉื‚ึธื ืึฒื—ื•ึนืชึธื”ึผ ืžึตืึดืžึผึธื”ึผ, ื•ึฐื ึดืžึฐืฆึฐืื•ึผ ื›ึปืœึผึธืŸ ืงึทื™ึผึธืžื•ึนืช, ืžึปืชึผึธืจ ื‘ึผึธืจึดืืฉืื•ึนื ึธื”, ื‘ึผึทืฉึผืึฐืœึดื™ืฉืึดื™ืช, ื•ึผื‘ึทื—ึฒืžึดื™ืฉืึดื™ืช, ื•ึผืคื•ึนื˜ึฐืจื•ึนืช ืฆึธืจื•ึนืชึตื™ื”ึถืŸ, ื•ึฐืึธืกื•ึผืจ ื‘ึผึทืฉึผืึฐื ึดื™ึผึธื” ื•ึผื‘ึธืจึฐื‘ึดื™ืขึดื™ืช, ื•ึฐืึตื™ืŸ ื‘ึผึดื™ืึทืช ืึทื—ึทืช ืžึตื”ึถืŸ ืคึผื•ึนื˜ึถืจึถืช ืฆึธืจึธืชึธื”ึผ. ื•ึฐืึดื ื‘ึผึธื ืขึทืœ ื”ึทืฉึผืึฐื ึดื™ึผึธื” ืœึฐืึทื—ึทืจ ืžึดื™ืชึทืช ื”ึธืจึดืืฉืื•ึนื ึธื”, ืžึปืชึผึธืจ ื‘ึผึทืฉึผืึฐื ึดื™ึผึธื” ื•ึผื‘ึธืจึฐื‘ึดื™ืขึดื™ืช, ื•ึผืคื•ึนื˜ึฐืจื•ึนืช ืฆึธืจื•ึนืชึตื™ื”ึถืŸ, ื•ึฐืึธืกื•ึผืจ ื‘ึผึทืฉึผืึฐืœึดื™ืฉืึดื™ืช ื•ึผื‘ึทื—ึฒืžึดื™ืฉืึดื™ืช, ื•ึฐืึตื™ืŸ ื‘ึผึดื™ืึทืช ืึทื—ึทืช ืžึตื”ึถืŸ ืคึผื•ึนื˜ึถืจึถืช ืฆึธืจึธืชึธื”ึผ:
ื”ืณ
Bartenura

ืืžืจื• ืœื• ืžืชื” ืืฉืชืš ื•ื ืฉื ืื—ื•ืชื” ืžืื‘ื™ื” โ€“ [he married his sister from her father] that was not from her mother and they retracted and said to him: โ€œthe second degree (i.e., first cousin) died,โ€ and he married the sister of the second degree from her mother and not from her father, and it was found that this third [wife] is a stranger regarding the first wife. And they retracted and said to him, that the third-degree wife had died and he married the sister of the third wife from her father but not from her mother. It was found that the fourth is distant from the second, and all the more so, from the first. And they retracted and said to him, that this fourth wife had died,

ื•ื ืฉื ืื—ื•ืชื” ืžืืžื” โ€“ and he married her sister from her mother, and she is distant from the third, and similarly from the fist and second, and afterwards, they said to them that all of them are living.

ืžื•ืชืจ ื‘ืจืืฉื•ื ื” ื•ื‘ืฉืœื™ืฉื™ืช ื•ื‘ื—ืžื™ืฉื™ืช โ€“ who are not related to each other, and even though the third [wife] is the sister of the second [wife], it is permitted for the betrothal of the betrothal of the second did not take effect because she is the wifeโ€™s sister to the first [wife] whom he took [as a wife] earlier, and she is like a ravaged or seduced woman and [it is taught In a Baraitha] that if he ravaged a woman, it is permitted [for him] to marry her daughter for the Torah did not prohibit other than the wifeโ€™s sister alone, and where Kiddushin/betrothal did not take effect, she is not his wifeโ€™s sister, and similarly, the fifth [wife] even though she is the sister of the fourth [wife] she is permitted [to him] for since Kiddushin/betrothal effect with the third [wife], it is found that sexual connection with the fourth [wife] who is the sister of the third is considered a coition of prostitution, and the [fifth wife] is not forbidden to him.

ื•ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ โ€“ if he died and the levir came and performed levirate marriage with of them, it exempts her rival wife.

ื•ืืกื•ืจ ื‘ืฉื ื™ื” โ€“ because o the first [wife] and the fourth because of the third.

ื•ืื ื‘ื ืขืœ ื”ืฉื ื™ื™ื” ืœืื—ืจ ืžื™ืชืช ื”ืจืืฉื•ื ื” โ€“ for the words were true of the first [wife] , and the rest of the words were lies, he is prohibited to the third [wife] because of the second [wife] and on the fifth [wife] because of the fourth [wife].

ืืžืจื• ืœื• ืžืชื” ืืฉืชืš ื•ื ืฉื ืื—ื•ืชื” ืžืื‘ื™ื”. ืฉืœื ืžืืžื”, ื•ื—ื–ืจื• ื•ืืžืจื• ืœื• ืžืชื” ื”ืฉื ื™ื”, ื•ื ืฉื ืื—ื•ืชื” ืฉืœ ื”ืฉื ื™ื” ืžืืžื” ื•ืœื ืžืื‘ื™ื”, ื•ื ืžืฆืืช ื–ื• ื”ืฉืœื™ืฉื™ืช ื ื›ืจื™ื” ืืฆืœ ื”ืจืืฉื•ื ื”, ื•ื—ื–ืจื• ื•ืืžืจื• ืœื• ืžืชื” ื–ื• ื”ืฉืœื™ืฉื™ืช, ื•ื ืฉื ืื—ื•ืชื” ืฉืœ ืฉืœื™ืฉื™ืช ื–ื• ืžืื‘ื™ื” ื•ืœื ืžืืžื”, ื ืžืฆืืช ืจื‘ื™ืขื™ืช ืจื—ื•ืงื” ืžืŸ ื”ืฉื ื™ื” ื•ื›ืดืฉ ืžืŸ ื”ืจืืฉื•ื ื”, ื•ื—ื–ืจื• ื•ืืžืจื• ืœื• ืžืชื” ื–ืืช ื”ืจื‘ื™ืขื™ืช:

ื•ื ืฉื ืื—ื•ืชื” ืžืืžื”. ื•ื”ื™ื ืจื—ื•ืงื” ืžืŸ ื”ืฉืœื™ืฉื™ืช ื•ื›ืŸ ืžืŸ ื”ืจืืฉื•ื ื” ื•ืžืŸ ื”ืฉื ื™ื”, ื•ืื—ืจ ื›ืš ืืžืจื• ืœื• ื›ื•ืœืŸ ืงื™ื™ืžื•ืช:

ืžื•ืชืจ ื‘ืจืืฉื•ื ื” ื‘ืฉืœื™ืฉื™ืช ื•ื‘ื—ืžื™ืฉื™ืช. ืฉืื™ื ืŸ ืงืจื•ื‘ื•ืช ื–ื• ืœื–ื•. ื•ืืฃ ืขืœ ืคื™ ืฉื”ืฉืœื™ืฉื™ืช ืื—ื•ืช ื”ืฉื ื™ื”, ืฉืจื™ื, ื“ืงื“ื•ืฉื™ ืฉื ื™ื” ืœื ืชืคืกื™, ื“ืื—ื•ืช ืืฉื” ื”ื™ื ืœืจืืฉื•ื ื” ืฉืœืงื—ื” ืžืงื•ื“ื, ื•ื”ื•ื™ื ืœื” ื›ืื ื•ืกื” ื•ืžืคื•ืชื”, ื•ืชื ื™ื, ืื ืก ืืฉื” ืžื•ืชืจ ืœื™ืฉื ื‘ืชื”, ื“ืœื ืืกืจื” ืชื•ืจื” ืืœื ืื—ื•ืช ืืฉื” ื‘ืœื‘ื“, ื•ื”ื™ื›ื ื“ืœื ืชืคืกื™ ืงื“ื•ืฉื™ืŸ ืœืื• ืื—ื•ืช ืืฉื” ื”ื™ื. ื•ื›ืŸ ื”ื—ืžื™ืฉื™ืช ืืขืดืค ืฉื”ื™ื ืื—ื•ืช ื”ืจื‘ื™ืขื™ืช, ืžื•ืชืจืช, ื“ื”ื•ืื™ืœ ื•ืชืคืกื™ ืงื“ื•ืฉื™ืŸ ื‘ืฉืœื™ืฉื™ืช ื ืžืฆืืช ื‘ื™ืืช ืจื‘ื™ืขื™ืช ืฉื”ื™ื ืื—ื•ืช ืฉืœื™ืฉื™ืช ื‘ื™ืืช ื–ื ื•ืช ื•ืœื ื ืืกืจื” ื—ืžื™ืฉื™ืช ืขืœื™ื•:

ื•ืคื•ื˜ืจื•ืช ืฆืจื•ืชื™ื”ืŸ. ืื ืžืช ื•ื‘ื ื™ื‘ื ื•ื™ื‘ื ืื—ืช ืžื”ืŸ ืคื•ื˜ืจืช ืฆืจืชื”:

ื•ืืกื•ืจ ื‘ืฉื ื™ื”. ืžืคื ื™ ื”ืจืืฉื•ื ื”. ื•ื‘ืจื‘ื™ืขื™ืช ืžืคื ื™ ื”ืฉืœื™ืฉื™ืช:

ื•ืื ื‘ื ืขืœ ื”ืฉื ื™ื” ืœืื—ืจ ืžื™ืชืช ื”ืจืืฉื•ื ื”. ืฉืืžืช ื”ื™ื• ื”ื“ื‘ืจื™ื ืฉืœ ืจืืฉื•ื ื”, ื•ืฉืืจ ื”ื“ื‘ืจื™ื ืฉืงืจ ื”ื™ื•, ืืกื•ืจ ื‘ืฉืœื™ืฉื™ืช ืžืคื ื™ ื”ืฉื ื™ื” ื•ื‘ื—ืžื™ืฉื™ืช ืžืคื ื™ ื”ืจื‘ื™ืขื™ืช:

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