Yevamos Chart #29
Chart for Yevamos Daf 95b
THE ARGUMENT BETWEEN REBBI YOSI AND THE RABANAN
IN THE MISHNAH (1)
WHEN RACHEL WAS NESU'AH TO REUVEN (2)
WHEN REUVEN MARRIED LEAH BASED ON TESTIMONY OF TWO WITNESSES (3)
WHEN RACHEL WAS ARUSAH TO REUVEN (3)
|1||REUVEN||Permitted to his wife (4)||Permitted to his wife (5)||Tana Kama: Permitted to his wife (4)
R. Yosi: Prohibited to his wife (6)
Prohibited to his wife (7)
Permitted to his wife
|Permitted to his wife (8)||Prohibited to his wife (9)|
(1) Mishnah, 94b. The case is as follows: Rachel, the wife of Reuven, and Shimon, the husband of Rachel's sister Leah, traveled abroad. When Reuven was informed (by a single witness) that Rachel and Shimon had died abroad, Reuven married Leah, the wife of Shimon. Later it became known that Rachel and Shimon were still alive.
Is Shimon permitted to return to his wife, Leah, and is Reuven permitted to return to his wife, Rachel?
(2) Rebbi Yosi's first statement, "Anyone who disqualifies another [from being permitted to his wife], is disqualied himself as well [from being with her]," refers to this case.
(3) These two cases (columns B and C) explain Rebbi Yosi's second statement, "Anyone who does not disqualify others is not disqualified himself" (column B is Rebbi Ami's explanation of that statement, and column C is Rebbi Yitzchak Nafcha's explanation; see footnote 9 below).
(4) He is permitted because Leah, the wife of Reuven's brother-in-law Shimon, is prohibited to Reuven with an Isur Kares ("Achos Ishto") as long as Reuven's wife (Rachel) is alive, and thus everyone knows that Kidushin does not take effect between Reuven and Leah. When Shimon returns they will not say that "this one (Shimon) divorced her, and this one (Reuven) married her." Therefore, Reuven does not need to give a Get to Leah, and his own wife does not become prohibited to him as "Achos Gerushaso."
(5) Since they were married based on the testimony of two witnesses, the Rabanan do not penalize them, and whenever the Rabanan do not penalize them there is no need for the second man to give a Get. (That is, when there is no need to penalize them, there is no concern that people will say that Leah's first husband divorced her and Reuven married her; Gemara, 89a.) Since Reuven does not need to give a Get to Leah (his own wife's sister), Reuven's real wife does not become prohibited to him as "Achos Gerushaso."
(6) Rebbi Yosi is concerned that people will say that her first husband divorced her and the second man married her, in a case in which Reuven was only betrothed (with Erusin) to Rachel and did not yet marry her (with Nesu'in). Since he did not yet marry her, people will say that there was a condition in the Kidushin which was not fulfilled (as Rebbi Akiva says on 94b), and thus Rachel was never married at all to Reuven. Consequently, they will think that Reuven's marriage to Leah, Rachel's sister, did take effect. Therefore, he must give her a Get. Since Reuven must give Leah a Get, Rachel becomes prohibited to him because of "Achos Gerushaso." (Shmuel, according to one of Abaye's explanations at the end of 95b, maintains that Reuven's wife Rachel is prohibited to him for a different reason: even though there is no concern that people will say that Reuven was never married to Rachel because there was an unfulfilled condition in the Kidushin, nevertheless when Shimon returns alive before Rachel returns there is a conern that people will say that Reuven's wife Rachel did die before he married Leah, and thus his marriage to Leah was valid and therefore he must give her a Get (RASHI DH Dilma).)
(7) Although Reuven did not give a Get to Leah and it does not appear that Shimon is remarrying a woman he divorced ("Machzir Gerushaso"), nevertheless the Rabanan prohibited Leah to Shimon as a penalty for not properly verifying that her husband had actually died before she remarried. Rebbi Yosi maintains that there is no such penalty and he permits her to remain married. He rules that since Shimon does not appear as though he is remarrying a woman he divorced, Leah is permitted to return to Shimon. (See TOSFOS DH v'ka'Amar, and REBBI AKIVA EIGER.)
(8) According to Rebbi Yosi, Leah may return to Shimon since she does not need a Get from Reuven (as mentioned above in footnote 5). According to the Rabanan, Leah may return to Shimon because no penalty is imposed on someone who married based on the testimony of two witnesses, and the penalty mentioned above in footnote 7 is not relevant in this case.
(9) According to the Rabanan, his wife is prohibited to him because of a penalty, as mentioned above in footnote 7. According to Rebbi Yosi, his wife is prohibited to him because it appears as though he is remarrying a woman he divorced ("Machzir Gerushaso"), as Rebbi Yosi is concerned that people will say that there was an unfulfilled condition in Reuven's Kidushin with Rachel which was not fulfilled and the Kidushin was annulled, and thus Reuven's marriage to Leah, Rachel's sister, was valid. Hence, Reuven must give Leah a Get. Consequently, if Leah were to return to Shimon it would appear as though he is remarrying a woman he divorced. (According to Shmuel, the reason why Reuven must give Leah a Get is that people will say that Reuven's wife Rachel died before he married Leah, as mentioned above in footnote 6.)
(It should be noted that according to Shmuel, the words of Rebbi Yosi need to be explained in a manner different from the way either Rebbi Ami or Rebbi Yitzchak Nafcha explains them (see above, footnote 3). The first statement of Rebbi Yosi refers to when Reuven's wife Rachel returned alive before Shimon returned, and therefore Reuven does not need to give a Get to Leah, Shimon's wife, because she is an Ervah to him and it is obvious to all that the Kidushin with her did not take effect. In contrast, the second statement of Rebbi Yosi refers to when Shimon returned alive before Reuven's wife returned, and therefore at the time that Shimon returns the people assume that Shimon divorced his wife (Leah) and Reuven married her, since they think that Reuven's wife is dead and that is why he is marrying Leah. Reuven is therefore obligated to give Leah a Get, and she thereby becomes prohibited to her husband Shimon because of "Machzir Gerushaso," while Rachel becomes prohibited to Reuven because of "Achos Gerushaso.")