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Rev. M. J. Rapliall; and as It contains the several Treatises from the Seder Nashim, or the Book of Laws relating to Women, Yebamoth, Ketuboth, Gettin and Kedushin, and is of such authority, it will be sufficient for our present purpose. It commences with an introduction: —
Seder Nashim.
Treatise Yebamoth.
Introduction.
This Treatise contains laws relating to the precept of Yeboom, i.e., the obligation of marrying the childless widow of a deceased brother (see Deuteronomy xxv. 5-11), and the ceremony of Chalitzah, or the taking off the shoe by the widow to her brother-in-law, in case he refuses to marry her (Deuteronomy xxv., 9).
In the first place, it must be premised that a surviving brother can marry only one of his brother's widows.
Secondly, that when circumstances exist which would render such marriage unlawful, as, for instance, if the parties were related to each other within the degree of consanguinity prohibited by the Holy Law to intermarry, the precept of Yeboom is superseded, and even the ceremony of Chalitzah is unnecessary.
Thirdly, that when the brother-in-law cannot marry the widow on account of near affinity, he may not marry any of the other wives of his deceased brother, who in the technical term of the Mishna are called rivals, tsaroth (see our first note).[1]
This treatise contains also many regulations having reference to the marriage laws in general, and is the first of the class or division of the Mishna called Nashim, or laws relating to women i.e., to marriage, divorce, &c.], because Yeboom is not a voluntary action, like marriage, or divorce, as the person on whom that duty devolves can be judicially compelled either to marry his widowed sister-in-law, or to allow her to perform the ceremony of Chalitzah to him.
Chap. I., § 1. Fifteen classes of women release themselves, their rivals, and the rivals of these ad infinitum, from the obligation of Chalitzah and Yeboom. These are [when the widow of the deceased is], (1) the
- ↑ Note 1.—By this appellation, the Mishna designates the several wives of one man, who are called tsaroth [i.e. troubles, adversaries, or rivals], to each other, inasmuch as Kimchi observes in his commentary [to I. Samuel 1., 6, where this word occurs] they are most often sources of trouble, jealousy, and vexation to each other.
