Page:Marriagewithdece00bern.djvu/15

From Wikisource
Jump to navigation Jump to search
This page has been validated.

11

marry his brother's widow by Yeboom, but if they had already married the sisters in anticipation, they are not to be separated from them.

If each man left two brothers, one brother of each pair must have Chalitzah performed to him by one of the sisters, and the other brother of each pair can then marry by Yeboom one of the sisters released by the Chalitzah performed to the other brother. If two brothers had already in anticipation received Chalitzah from the sisters, the latter are not to be separated from them.

Chap. III., § 1. When, of four brothers, two married two sisters, and they who had married the sisters, died: the sisters must give Chalitzah, but may not be married to the brothers-in-law by Yeboom; and if they had prematurely married them, they must send them away. R. Eleazar saith, "According to Beth Shammai such a marriage is valid; but according to Beth Hillell, they must be separated."

§ 2. If one of these sisters is prohibited to marry one of the brothers, owing to a prohibited degree of relationship between them, [although] he may not marry her, yet may he marry her sister, and both sisters are prohibited to the other brother. If one of these sisters is prohibited only on account of legal prohibition [by the Rabbins], or of holiness of station, she must perform Chalitzah but he may not marry her by Yeboom.

§ 3. When one of the sisters is prohibited to marry one brother, and another sister the other brother, owing to prohibited degrees of relationship between them, then she who is prohibited to one brother may marry the other; and this is the case to which allusion is made [above], where [it] is said, "When, of two sisters, one only can be [lawfully] married by Yeboom, she must either perform the ceremony of Chalitzah or be married by Yeboom."

§ 4. When, of three brothers, two were married to two sisters, or to a mother and daughter, or to a grandmother and her grand-daughter, either her son's, or her daughter's daughter, then these women must perform Chalitzah, but cannot be married by Yeboom, R. Simeon releases them from the obligation of Chalitzah. If any of these could not be married [to the third brother] on account of prohibited degree of relationship to him, he may not [indeed] marry her; but he may marry her sister. If one of the sisters is prohibited to him, only on account of legal prohibition [by the Rabbins], or on account of holiness of station, she must perform Chalitzah to him, but he may not marry her by Yeboom.

§ 5. When, of three brothers, two are married to two sisters, and