Talmud sobre Proverbios 1:5

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.!