Study Yevamot folio 44A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
היתה אחת כשרה ואחת פסולה, אם היה חולץ — חולץ לפסולה, ואם היה מייבם — מייבם לכשרה.
If one of these women was fit to marry into the priesthood and one was unfit, then if he performs ḥalitza, he should perform ḥalitza with the unfit woman rather than with the one who is fit for the priesthood, since doing so with the woman who is fit would needlessly disqualify her from marrying into the priesthood. But if he consummates the levirate marriage, he may consummate the levirate marriage with the one who is fit.
גמ׳ ארבעה אחין סלקא דעתך? אלא אימא: ארבעה מאחין.
Talmud: The simple reading of the Mishnah’s first clause implies that all 4 brothers died. The Talmud questions this: Can it enter your mind to say that all 4 brothers died? If they all died, then who remains to consummate the levirate marriage? Rather, emend the Mishnah and say instead: 4 married men of a set of more than 4 brothers died.
הרשות בידו. ושבקי ליה? והתניא: ״וקראו לו זקני עירו״ — הן ולא שלוחן. ״ודברו אליו״ — מלמד שמשיאין לו עצה הוגנת לו.
The Mishnah continues: If the eldest of them wished to consummate the levirate marriage with all of his yevamot, he has permission to do so. The Talmud asks: Do they actually leave him to do so? Isn’t it taught in a baraita: The verse states: “And the Elders of his city should call him” (Deuteronomy 25:8), which indicates that they, the Elders, and not their agent, should call him. The verse continues: “And they speak to him”; this phrase teaches that they offer him advice that is appropriate for him.
שאם היה הוא ילד והיא זקנה, הוא זקן והיא ילדה, אומרין לו: מה לך אצל ילדה, מה לך אצל זקנה? כלך אצל שכמותך, ואל תשים קטטה בביתך.
The baraita explains: Appropriate advice means that if he was a young man and she an elderly woman or if he was an elderly man and she a young woman, they say to him: What do you want with a young woman when you are elderly? Or: What do you want with an elderly woman when you are young? Go after your own kind, i.e., a woman of a similar age, and do not place discord in your household that could be caused by marrying a woman of a significantly different age. From the baraita it is apparent that if consummating the levirate marriage will ultimately lead to contention between the couple, it is preferable to perform ḥalitza. Similarly, in the case of the Mishnah, marrying 4 women will likely lead to contention since it is difficult to support so many people, and poverty will lead to strife. Therefore, the yavam should not be allowed to consummate levirate marriages with all of them.