Talmud for Proverbs 3:21

Rebbi Yudan asked: Following him who says that everybody agrees about the co-wife that he is guilty, if somebody from the market gave qiddushin to one of them and then the levir came and performed ḥalîṣah with her or had intercourse with her, did the qiddushin become invalid? If he performed ḥalîṣah with her companion but then had intercourse with her, were qiddushin validated retroactively? Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, ⁹³Deut. 25:5.“the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with another man⁹⁴This is the unquestioned doctrine of the Yerushalmi. In the Babli, 92b, it is the position only of Rav; Samuel doubts whether the verse invalidates qiddushin or simply makes them sinful like other non-incestuous forbidden unions. The editors of the Babli explicitly follow Samuel and reject the opinion of the Yerushalmi. That a transgression which is not a capital crime either before the human or the heavenly court is invalid is a very exceptional statement.. Rebbi Joḥanan said to him, is that not a Mishnah? ⁹⁵Qiddušin 3:5. The Mishnah enumerates situations in which consummation of the marriage is impossible at the moment but may become possible later on. If consummation of the marriage is impossible then qiddushin are impossible since they make the bride a wife for all aspects of criminal law. She becomes a wife for matters of civil law only by entering the husband’s house in nissuïn, the marriage ceremony. (R. Meїr disagrees and acknowledges inoperative qiddushin which become activated once the impediment to marriage is removed. The second question of R. Yudan must refer to R. Meїr’s position.)“Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai⁹⁶The text here reads “R. Joḥanan”. This has been changed in the translation following the parallel text in Soṭah 2:1 and a similar text in Kilaim 8:1 (p. 258). praised him “those who pour out gold from the wallet⁹⁷Is. 46:6.,” “my son, they should not be removed from your eyes,⁹⁸Prov. 3:21.” “get wise, my son, and make me happy⁹⁹Prov. 27:11.”, “give to the wise that he shall become wiser¹⁰⁰Prov. 9:9.,” “let the wise listen that he increase in knowledge.¹⁰¹Prov. 1:5.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law³⁰R. Aqiba holds that any child born of any forbidden union is a bastard; the majority opinion is that bastards are created only by incestuous relations that either are capital crimes or sanctioned by extirpation (cf. Halakhot 4:15, 11:1). Since it is written (Deut. 25:5) “the wife of the deceased may not belong to any outside unrelated man” he holds that any marriage of a widow not released from levirate duty to another man is invalid and her relationship is one of whoring.
A parallel, but more differentiated, statement is in the Babli 92a.! But there¹⁰²Mishnah Qiddušin. is one sister-in-law, here are two sisters-in-law. The prohibition of a single sister-in-law is different from that of two sisters-in-law¹⁰³The biblical argument of R. Yannai does not imply anything about the status of a co-wife; cf. Note 92 for the opposition of the Babli.!

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged^80,As long as the gift described in the document was not executed, the recipient is a claimant and the document is subject to the giver’s interpretation unless the claimant can prove otherwise. The technical term for this position is: “the holder of a document is disadvantaged.”⁹¹In the Babli, 154b, the version is: The holder of a document of indebtedness or gift has to get judicial confirmation of its validity.. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc.⁹²The position of the anonymous majority in the Mishnah. Rebbi Yannai praised him “those who pour out gold from the wallet⁹³Is. 46:6.,” “my son, they should not be removed from your eyes,⁹⁴Prov. 3:21.” etc.⁹⁵Similar texts are in Kilaim 8:1 Note 17, Yebamot 1:1 Notes 96–103, Soṭah 2:6 Note 177, Qiddušin 3:5 Note 166. A young man was selling his properties⁹⁶Real estate. Mishnah Giṭṭin 5:8 permits underage children to buy and sell movables as soon as they are able to handle money. The inference is that for real estate transactions one has to be an adult. The Babli, 156a, restricts the right to sell inherited real estate to people who have reached the age of 20. It is clear from the case discussed here that this is a purely Babylonian restriction.. The case⁹⁷The family objected to his selling inherited real estate. They disputed the validity of the deed on the grounds that the seller was underage. came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they⁹⁸The witnesses. signed for a mentally capable person⁹⁹He agrees that the seller of real estate not only has to be an adult (13+ years for a male, 12+ years for a female) but also must understand the consequences of what he is doing.. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof¹⁰⁰That he was an adult understanding what he was doing.. Rebbi Joḥanan said, the holder of documents is advantaged⁷⁹He holds that the actual situation before the court may serve as prima facie evidence that so was the prior state. If the bequeather is healthy now, proof is required that he was not healthy when the gift document was written.
An alternative interpretation would be that he holds that a duly executed and witnessed document is always valid unless proven invalid. The technical term for this position is: “the holder of a document is advantaged.”. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this¹⁰¹He now holds that the person attacking the validity of a duly witnessed document, not the defendant, must prove his case. In the Babli (Ketubot 18b) this opinion is credited to R. Simeon ben Laqish, confirmed in his name by the Yerushalmi Ševi‘it 10:5 Note 96 and Giṭṭin 4:2 Note 46, in R. La’s name Ketubot 2:3 Note 61.. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages⁹¹In the Babli, 154b, the version is: The holder of a document of indebtedness or gift has to get judicial confirmation of its validity. who follow Rebbi¹⁰²But R. Joḥanan himself decides practice to follow R. Meїr..