[41a - 47 lines; 41b - 36 lines]
1a)[line 1]הך דאזלא בהדה לבי דינאHACH D'AZLAH BA'HADAH L'VEI DINA- she who goes with her to Beis Din (namely; her relative)
b)[line 2]האי דלא אזלא בהדה לבי דינאHAI D'LO AZLAH BA'HADAH L'VEI DINA- she who does not go with her to Beis Din (namely; her co-wife)
2)[line 4]ומתU'MES- and [his brother] dies
3)[line 6]שומרת יבםSHOMERES YAVAM- a Yevamah who is waiting [for Yibum or Chalitzah]
4)[line 8]המתןHAMTEN- wait
5)[line 10]מת יבםMES YAVAM- if the Yavam dies [and there are no other brothers]
6a)[line 11]יוציא את אשתו בגטYOTZI ES ISHTO B'GET- he must divorce his wife with a document of divorce [since she is the sister of his Yevamah (Achos Zekukaso)]. Rebbi Yehudah ben Beseira is of the opinion that Yesh Zikah (see Background to 17:24).
b)[line 11]ואשת אחיו בחליצהV'ESHES ACHIV B'CHALITZAH- and his brother's wife through Chalitzah [since she was permitted to him when she first fell to Yibum, but subsequently became his wife's sister (Achos Gerushaso)]
7)[line 24]מופנהMUFNEH- unmarried
8)[line 26]מתה אשתו אחריוMESAH ISHTO ACHARAV- the wife of [the second brother] died following him
9)[line 26]אותה יבמהOSAH YEVAMAH- that Yevamah [who fell first]
10)[line 29]לבתר דנפקL'VASAR D'NAFAK, AMAR- after he left, [someone] said
11)[line 33]חזיאCHAZYA- fit [for Yibum]
12)[line 35]והתניאVEHA'TANYA- This Beraisa is offered as proof of the Gemara's thesis.
13)[line 36]אשתוISHTO- [the sister of his Yevamah, who became] his wife [after her sister had fallen to Yibum]
14)[line 39]מנפילה ואילך לא מיתסר עלייהוMI'NEFILAH VA'EILACH LO MITSAR ALAIHU- from the time that she fell [to Yibum] and onward she was not forbidden to him. The case in which Rebbi Elazar and the Chachamim disagree is one in which the now deceased brother had divorced and then remarried his wife before his death. Rebbi Elazar rules that since she could not have become permitted to her previous brothers-in-law when she was no longer married to their brother, they can never again perform Yibum with her. The Chachamim maintain that since she became their sister-in-law once again before his death, she does fall to Yibum.
15)[line 42]שלשה חדשיםSHELOSHAH CHODASHIM- three months [from the death of her husband]
16)[line 43]יתארסו ... ינשאוYIS'ARSU... YINAS'U (ERUSIN / NISU'IN - Betrothal and Marriage)
(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:
1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zu" - "Behold you are betrothed to me through this (-----)".
2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li bi'Shtar Zeh" must be written upon the Shtar.
3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zu." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.
(b)The Torah refers to this stage of marriage as "Eirusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of HaSh-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu). Although a man and women are married after Kidushin, they may not yet live together as man and wife.
(c)The second stage of Halachic marriage - the completion of the marriage - is termed Nisu'in. This is accomplished through Chupah. Chupah is never clearly described in the Gemara, and various opinions are offered by the Rishonim as to what exactly it entails (see Insights to Kesuvos 57:1). The general idea behind Chupah is that the groom brings his wife into his house. After the Chupah is performed, the marriage is complete.
17)[last line]יהודהYEHUDAH- [the portion of Eretz Yisrael belonging to] Yehudah [and those Shevatim associated with him, in the south of the land]
18)[last line]לבו גס בהLIBO GAS BAH- lit. his heart is thick with her; i.e., they are accustomed to each other. This is because the practice in Yehudah was to seclude the bride and groom together during Erusin so that this familiarity would be achieved and they would be less uncomfortable on the night of the wedding. This did, however, lead to a concern that things were taken too far and that she might be pregnant.
19)[line 1]איבולEIVUL (AVEILUS - Laws of Mourning)
(a)One who loses his father, mother, brother, sister, son, daughter, or spouse is obligated to bury his dead relative and then observe specific laws of mourning. Until the burial, one has the status of an Onen (see Background to Yoma 13:23). After the burial, his status changes to that of an Avel.
(b)For the following twelve months, an Avel who is mourning the loss of a parent may not buy new clothing nor attend weddings or other celebrations. One mourning all relatives may not receive a haircut nor iron his clothing for the first thirty days (Sheloshim), in addition to the restrictions listed above. Additionally, for the first seven days (Shiv'ah), he must refrain from bathing, washing his clothing, anointing himself with oils, and wearing leather shoes.
(c)Rebbi Yosi rules that since a widow is in mourning for her husband for the first thirty days following his passing, she may not marry during that time.
20)[line 2]יהיה הולד בן קיימאYIHEYEH HA'VLAD BEN KAYAMA- [she is expecting and] her child will be viable
21)[line 2]פגעPAGA- come up against
22)[line 5]ולאו מי אותביניה...?V'LAV MI OSVINEI...?- was he not disproved...?
23)[line 8]כרוז לכהונהKERUZ LA'KEHUNAH- an announcement [publicizing that she may marry] a Kohen [since her Chalitzah was unnecessary]
24)[line 9]ונצרכה!V'NITZRECHA!- and so let it be required!
25)[line 12]מפסיד לה מזונותMAFSID LAH MEZONOS- he cuts off her support. A woman is generally supported from her late husband's estate as long as she does not remarry. As our Gemara soon makes clear, a Yevamah is supported for only three months, during which time she is prevented from Yibum or Chalitzah as a result of her marriage to him. After that point, she is connected to her Yavam through Zikah, and she no longer receives support from her late husband's estate. If her Yavam performs Chalitzah before three months have elapsed from his brother's passing, she is now the Chalutzah of her Yavam as opposed to the widow of her husband, and as such no longer receives support. However, she still cannot remarry until three months have elapsed.
26)[line 12]ארוסה גרושהARUSAH GERUSHAH- a woman who had been [only] betrothed [and who therefore does not receive support from her husband's estate] and then divorced [at which point she clearly cannot marry a Kohen]
27)[line 17]"[וְ]אִם-לֹא יַחְפֹּץ [הָאִישׁ לָקַחַת אֶת-יְבִמְתּוֹ, וְעָלְתָה יְבִמְתּוֹ הַשַּׁעְרָה...]""[V']IM LO YACHPOTZ [HA'ISH LA'KACHAS ES YEVIMTO, V'ALSAH YEVIMTO HA'SHA'RAH...]"- "[And] if the man does not wish [to marry his sister-in-law, then his sister-in-law should ascend to the gate (of Beis Din)....]" (Devarim 25:7) - This verse describes the rite of Chalitzah.
28)[line 17]כל העולה לייבום עולה לחליצה כו'KOL HA'OLAH L'YIBUM OLAH L'CHALITZAH ... - For Any Yevamah to Whom Yibum Applies, Chalitzah Applies as well, and For Any Yevamah to Whom Yibum does not Apply, Chalitzah does not Apply either
(a)See Background to 20:24.
(c)In our Gemara, Rebbi Yosi applies this precept in a slightly different manner. Although if the Yavam would perform Chalitzah within three months of his brother's passing it would take effect, Rebbi Yosi reasoned that since Yibum would be possible in three months' time, it would be better to wait and perform Chalitzah then. See also Insights for a fuller treatment of this dictum.
29)[line 21]תתייבם ואין בכך כלוםTISYABEM V'EIN B'CHACH KLUM!- let him perform Yibum without concern [since she is either his Yevamah or unmarried]!
30)[line 23]וקתני חולצתUKA'TANI CHOLETZES!- and yet the ruling is that Chalitzah should be performed [even though it would be possible to wait and find the witnesses to the betrothal, thereby determining which of the sisters was the wife of the deceased and enabling Yibum]!
31)[line 24]דהא קידשD'HA KIDESH- that he had betrothed this one
32)[line 26]מי משגח ביה...?MI MASHGACH BEI...?- would we pay attention to him...?
33)[line 28]צריכה להמתין ג' חדשיםTZERICHAH L'HAMTIN SHELOSHAH CHODASHIM- she must wait for three months [according to the Tana Kama of our Mishnah, since he applies the Rabbinic decree to all women]
34)[line 29]נזונת משל בעלNIZONES MI'SHEL BA'AL- she is supported from her husband's estate (see above, entry # 26)
35)[line 30]לא משל יבםLO MI'SHEL YAVAM- nor from the assets of her Yavam [since she is not yet his wife]
36)[line 31]עמד בדיןAMAD B'DIN- if [his Yevamah summoned] him to Beis Din [and demanded that he perform either Yibum or Chalitzah]
37)[line 31]ברחBARACH- he ran off
38)[line 35]משמיא קנסוהMI'SHEMAYA KANSUHA- she has been penalized from Heaven; i.e., such is her plight, and she can do nothing about it