משנה: הָאִשָּׁה שֶׁהָֽלְכָה הִיא וּבַעֲלָהּ לִמְדִינַת הַיָּם וּבְנָהּ עִמָּהֶם בָּאָה וְאָֽמְרָה מֵת בְּנִי וְאַחַר כָּךְ מֵת בַּעֲלִי נֶאֱמֶנֶת. מֵת בַּעֲלִי וְאַחַר כָּךְ מֵת בְּנִי אֵינָהּ נֶאֱמֶנֶת וְחוֹשְׁשִׁין לִדְבָרֶיהָ וְחוֹלֶצֶת וְלֹא מִתְייַבֶּמֶת. נִיתַּן לִי בֵן בִּמְדִינַת הַיָּם אָֽמְרָה מֵת בְּנִי וְאַחַר כָּךְ בַּעֲלִי נֶאֱמֶנֶת מֵת בַּעֲלִי וְאַחַר כָּךְ בְּנִי אֵינָהּ נֶאֱמֶנֶת וְחוֹשְׁשִׁין לִדְבָרֶיהָ וְחוֹלֶצֶת וְלֹא מִתְייַבֶּמֶת. נִתַּן לִי יָבָם בִּמְדִינַת הַיָּם אָֽמְרָה מֵת בַּעֲלִי וְאַחַר כָּךְ מֵת יְבָמִי. יְבָמִי וְאַחַר כָּךְ בַּעֲלִי נֶאֱמֶנֶת. הָֽלְכָה הִיא וּבַעֲלָהּ וִיבָמָהּ לִמְדִינַת הַיָּם אָֽמְרָה מֵת בַּעֲלִי וְאַחַר כָּךְ מֵת יְבָמִי יְבָמִי וְאַחַר כָּךְ בַּעֲלִי אֵינָהּ נֶאֱמֶנֶת שֶׁאֵין הָאִשָּׁה נֶאֱמֶנֶת לוֹמַר. מֶת יְבָמִי. שֶׁתִּינָּשֵׂא. וְלֹא. מֵתָה אֲחוֹתִי. שֶׁתִּיכָּנֵס לְבֵיתוֹ. וְאֵין הָאִישׁ נֶאֱמָן לוֹמַר מֵת אָחִי שֶׁיְּיַבֵּם אִשְׁתּוֹ וְלֹא מֵתָה אִשְׁתִּי שֶׁיִּשָּׂא אֶת אֲחוֹתָהּ. MISHNAH: A woman went overseas with her husband and her son179If at the moment of her departure the husband had died, she would have been free to marry outside the family. She then returns alone.; if she returns and says, “my husband died and after that my sondied,” she is to be believed180Her testimony does not change her prior status.. “My son died and after that my husband died,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate181Assuming the son was an only child, the husband would have died without issue and she would be required to be married in levirate. She is not believed to have changed her known status (in the absence of documentary proof). But since she forbade herself any marriage other than to the levir, she has to be freed by ḥalîṣah.. “I had a son overseas,” she says180Her testimony does not change her prior status., “my son died and after him my husband,” she is believed181Assuming the son was an only child, the husband would have died without issue and she would be required to be married in levirate. She is not believed to have changed her known status (in the absence of documentary proof). But since she forbade herself any marriage other than to the levir, she has to be freed by ḥalîṣah.; “my husband died and after that my son,” she is not believed but one takes her words into account and she performs ḥalîṣah but is excluded from levirate182Since she declares herself forbidden for levirate, the levir cannot force her into marriage..
“A levir was given to me overseas;187Her father-in-law had a son unknown at the place of her previous residence. She left when it was assumed that there was no possible levirate because there was no levir even though her husband was childless.” if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is to be believed. If she, her husband188Who was childless., and her levir went overseas, if she said “my husband died and after that my levir” [or] “my levir died and after that my husband”, she is not to be believed, since no woman is believed if she says “my levir died” that she might marry [outside the family] nor “my sister died” that she might enter his house. Also the husband is not to be believed if he says “my brother died” that he might marry his wife in levirate, nor “my wife died” that he might marry her sister189Cf. Notes 6, 89..
הלכה: נִיתַּן לִי בֵן בִּמְדִינַת הַיָּם. רִבִּי חֲנַניָה בְּעָא קוֹמֵי רִבִּי אִילָא. מָן תַּנָּא חוֹשְׁשִׁין לִדְבָרֶיהָ חוֹלֶצֶת. רִבִּי טַרְפוֹן דְּלֹא כְרִבִּי עֲקִיבָא. אָמַר לֵיהּ. דִּבְרֵי הַכֹּל הוּא הָכָא אוֹף רִבִּי עֲקִיבָה מוֹדֶה בָהּ. מַה בֵינָהּ לְקַדְמִייָתָא. הָכָא תֵימַר אֵינָהּ נֶאֱמֶנֶת. וְכָה תֵימַר. נֶאֱמֶנֶת. (בְּשֶׁיָּֽצְתָה מִכְּלָל הֵיתֵר לְיִיבֻּם. וְ)הֵן דְּתֵימַר. אֵינָהּ נֶאֱמֶנֶת. בְּשֶׁלֹּא יָֽצְתָה מִכְּלָל הֵיתֵר לְיִבֻּם. HALAKHAH: “I had a son overseas.” Rebbi Ḥanania asked before Rebbi Hila: Who is the one who stated that one takes her words into account and she performs ḥalîṣah? Rebbi Tarphon, but not Rebbi Aqibah183This refers to their disagreement in Halakhah 6, where R. Aqiba puts on her the disabilities she is under if her words are true and those she would be under if her words were not true. It would be expected that he holds the same in this case.
In both sources, the name is spelled עקיבא; this babylonism must have been in the common Vorlage.! He said to him, it is the opinion of everybody and even Rebbi Aqiba agrees to it. What is the difference betweeen this statement and the first one184Why are the cases switched, she is believed if she says that the husband died before the son in the first case but disbelieved for the same statement in the second.? There, you say that she is not to be believed. But here, you say that she is believed! (When she left as included186כלל is what in modern mathematics is called a set. When she left with her son, she was not a member of the set of women potentially obligated for levirate. in the permission of levirate. But)185This sentence is missing in ms. A; the ms. probably is correct since the introduction “she is believed if …” is missing. where you say that she is not believed, when she left and was not included in the permission of levirate.
אָמַר רִבִּי יוֹסֵה. מַתְנִיתָא אָֽמְרָה כֵן שֶׁלֹּא עָשׂוּ [זְכָרִים] כִּנְקֵיבוֹת. דְּתַנִינָן [תַּמָּן]. שֶׁאֵינָהּ נֶאֱמֶנֶת לוֹמַר. מֵת יְבָמִי. תִּנָּשֵׂא. וְלֹא מֵתָה אֲחוֹתִי. שֶׁתִּכָּנֵס לְבֵיתָהּ. מִפְּנֵי שֶׁאֵין לָהּ בָנִים. הָא אִם יֵשׁ לָהּ בָּנִים נֶאֱמֶנֶת. 190This is from Yevamot 4:3:2" href="/Jerusalem_Talmud_Yevamot.4.3.2">Halakhah 4, Note 89. Rebbi Yose said, a Mishnah says that they did not treat the males as they treat the females, as we have stated there: “because she is not trusted if she says, my levir died, that she should be free to remarry, nor that her sister died, to enter her house.” Because she has no children. But if she has children, she is trustworthy.