This book presents an elegant classic edition Tractate Yebamoth. It was translated into English with notes by Israel W. Slotki with a foreword by J. H. Hertz, "MARRIAGE, DIVORCE, AND THE POSITION OF WOMAN, IN JUDAISM" and "INTRODUCTION TO SEDER NASHIM" by the editor Isadore Epstein.
The tractate of Yebamoth has its origin in the following Scriptural passages from which branch out the numerous laws and regulations, the arguments and discussions that cover its hundred and twenty odd folios. "If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not be married abroad unto one not of his kin; her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of a husband's brother unto her" (Deut. XXV, 5). "And if the man like not to take his brother's wife, then his brother's wife shall go up to the gate unto the elders, and say: 'My husband's brother refuseth to raise up unto his brother a name in Israel; he will not perform the duty of a husband's brother unto me'. Then the elders of the city shall call him, and speak unto him; and if he stand, and say: 'I like not to take her'; then shall his brother's wife draw nigh unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face; and she shall answer and say: 'So shall it be done unto the man that doth not build up his brother's house'" (ibid. 7-9).
Two religious and social institutions, (a) levirate marriage and (b) Halizah, are thus promulgated in their simplest and elemental forms; and a superficial reading of the Biblical text would naturally lead to the conclusion that the former can be effected where the brother-in-law raised no objection against marriage with the widow and the latter where he did raise such an objection. In practical life, however, both marriage and Halizah bristle with difficulties and are hedged in by a complexity of problems. What, for instance, is a court to rule where the levir is willing to marry the woman but the latter is forbidden to him on account of consanguinity? She might be his wife's sister, or his own daughter or granddaughter. Is a brother, who was born after the death of his elder childless brother, subject to the obligations of the levirate marriage or Halizah, and who is to perform the one or the other where the deceased is survived by more than one brother? What procedure is to be adopted if two, three or more brothers were married respectively to as many sisters and one or two of the brothers died without issue? What are the mutual privileges and obligations of a levir and his deceased brother's wife in respect of maintenance, handiwork and marital relationship generally during the period in which the latter is awaiting the decision of the former? Is the widow expected to marry the levir if he is of illegitimate birth or is afflicted with a disease? How many judges constitute a court in respect of a Halizah ceremonial and what footwear is included in the Biblical term shoe? Can the precept be observed where the levir has no foot from which `to loose his shoe' or is deaf and unable to hear the recital of the prescribed formulae? Is a woman subject to the levitate obligations where her husband is reported to have died, and what evidence is admissible in connection with such a report? Such and similar problems are discussed, solved and decided upon in the following pages on the basis of Scriptural texts, traditional rulings and precedents established by earlier courts.
Incidentally other topics relating to matrimony and divorce and questions bearing directly or indirectly upon the main theme of the tractate are introduced by way of comparison, illustration, refutation or amplification. (From the Introduction.)
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