Study Yevamot folio 58B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
שומרת יבם קרית לה? אשתו מעליא היא, דהא אמר רב: קנה לכל! כשמואל, דאמר: לא קנה אלא לדברים האמורים בפרשה.
do you call her a widow waiting for her yavam? Once they have had sex, she is his proper wife, as Rav said that one who has sex with his yevama, even without intending to thereby perform levirate marriage, has acquired her for all matters. The Talmud responds: This is in accordance with the opinion of Shmuel, who said that he has acquired her only with regard to the matters stated in the chapter of levirate marriage, but not with regard to other matters, and therefore she is not considered his wife with regard to the halakhot of sota.
מידי הוא טעמא אלא לרב. הא אמר רב: קנה לכל. הכא במאי עסקינן — כגון דעבד בה מאמר, ובית שמאי היא, דאמרי: מאמר קונה קנין גמור.
The Talmud responds: The only reason this proof was presented is to support the opinion of Rav, who is the one who holds that there is legal significance to a priest entering the wedding canopy with a woman who is unfit to marry him. Didn’t Rav say he has acquired her for all matters? The Talmud answers: With what are we dealing here? For example: a case where the yavam performed levirate betrothal with her and afterward had sex with her for the sake of promiscuity. And this is in accordance with the opinion of Beit Shammai, who say: Levirate betrothal acquires a yevama in a full-fledged manner and removes the levirate bond. Therefore, when they have sex, they do not become fully married.
The Talmud raises a difficulty: If so, the case of the yevama who was betrothed is the same as the case of a betrothed woman. What is the difference between the two cases? The Talmud responds: And according to your reasoning, are the examples in the Mishnah of a married woman and a fully married woman not a single matter? Rather, the Mishnah must be referring to two very similar cases, with the following difference: A married woman means his own wife and a fully married woman is referring to that of his fellow, i.e., his brother’s wife who became his wife through levirate marriage. Here too, the case of a betrothed woman is referring to his own wife and the case of a widow waiting for her yavam is that of his fellow, i.e., his yevama, who is now betrothed to him.