Yevamot 120A

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Text Excerpt

לאנסובי לצרה מקמי דידה: אי אמרת צרה מעידה לחברתה, אף על גב דלא אינסיב ⁠— מנסבינן לה לצרה. אי אמרת משום דהיא לא מקלקלא נפשה, אינסיב ⁠— מנסבינן לה לצרה, אי לא אינסיב ⁠— לא מנסבינן לה.

The Talmud responds that R' Elazar’s reasoning could make a practical difference with regard to allowing the rival wife to marry before the woman herself, i.e., the woman who testified that her husband died, remarries. If you say that according to R' Elazar, one rival wife may testify for another, then although the woman who testified that her husband died has not married, we allow her rival wife to marry. Since the woman’s report is deemed credible with regard to herself, it is also deemed credible with regard to her rival wife. However, if you say that R' Elazar’s reasoning is due to the presumption that she would not cause herself injury, then if she has actually married we may allow her rival wife to marry, but if she has not married, we may not allow her rival wife to marry, in case she lied in order to cause harm to her rival wife.

מאי? תא שמע, רבי אלעזר אומר: הואיל והותרו ליבמין ⁠— הותרו לכל אדם. אי אמרת בשלמא דהיא לא מקלקלא נפשה ⁠— היינו דכי אינסיב, מנסבינן לה,

What is the basis of R' Elazar’s ruling? The Talmud suggests: Come and hear a resolution based upon the wording of the baraita itself: R' Elazar says: Since they were permitted to marry the brothers-in-law, they are now permitted to marry any man. Granted, if you say that his reason is because she would not cause herself injury, this is the reason that if she has actually married, as in this case, where each woman entered into levirate marriage, we may allow her rival wife to marry.

אלא אי אמרת משום דצרה מעידה לחברתה ⁠— אף על גב דלא אינסיב נמי! אלא שמע מינה טעמא דרבי אלעזר משום דאינסיב הוא, ולא מקלקלא נפשה.

But if you say the reason is because one rival wife may testify for another, then although she herself has not married, it should still be permitted for her rival wife to marry, and it would be unnecessary for R' Elazar to state his opinion in a case where the women had already entered into levirate marriage. Rather, conclude from this that R' Elazar’s reason is because she has already married, and she would not cause herself injury by marrying if her original husband had not died.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.