Talmud su Levitico 18:13

MISHNAH: Fifteen [categories of] women¹Deut. 25:5 requires that the widow of any man who died without legitimate or illegitimate issue be married by the man’s brother. If, however, that brother is forbidden one of the deceased’s wives by the incest prohibition of Lev. 18 or the rules of Deut. 25:5–10, she may not be married by the brother to whom she is forbidden. free their co-wives²The House of Hillel hold that if one widow is forbidden, all co-widows are forbidden. This is not accepted by the House of Shammai, Mishnah 6. and the co-wives of their co-wives from ḥalîṣah and levirate forever³If one of three brothers had married the second brother’s daughter and another woman, died childless, the other wife was married by the third brother who already had another wife, if the third also dies childless both of his widows are forbidden because one of them is forbidden. This scenario can be extended to n polygamous brothers; n arbitrary.. They are the following: one’s daughter⁴This statement seems to be needed only for an illegitimate daughter, except the daughter from a gentile or a slave woman who are not legally his relatives (Rashi ad loc.). Legitimate children are covered by Lev. 18:17. However, the Yerushalmi (Note 135) does not make any distinction between legitimate and illegitimate daughters.
Sadducees (followed by Karaites and Christians) did forbid marriage with a niece since marriage with an aunt is a biblical prohibition and they held that the incest prohibitions of Lev. 18 are gender symmetric. Pharisaic opinion is that “one does not introduce punishable offence by argument;” what is written is forbidden, what is not written is not (biblically) forbidden., his daughter’s daughter and his son’s daughter⁵Lev. 18:10., his wife’s daughter and her daughter‘s daughter and her son’s daughter⁶Lev. 18:17: “The genitals of a women and her daughter (including mother-in-law and wife) you may not [both] uncover, her son’s daughter (wife’s granddaughter or wife as paternal grandmother’s daughter) or her daughter’s daughter (this forbids the wife’s maternal grandmother) you may not marry to uncover her genitals; they are relatives, it is tabu.”, his mother-in-law and his mother-in-law’s mother and his father-in-law’s mother, his sister⁷This is needed only for the maternal halfsister (Lev. 18:9) married to a paternal halfbrother. It will be established that the levirate applies only to paternal brothers; the first marriage of the halfsister was legitimate. and his maternat aunt⁸Lev. 18:13. and his wife’s sister⁹Lev. 18:18., his maternal halfbrother’s wife¹⁰Lev. 18:16. It is assumed that the halfbrother died or divorced his wife who then married a paternal halfbrother of the man in question to whom she was not related. The earlier marriage to the maternal halfbrother forbade her permanently to the levir, the brother-in-law on the husband’s side.
Since in Deut. 25, “brother” is assumed to mean “paternal brother”, it needs some discussion in the Halakhah why in Lev. 18 “brother” may mean “maternal or paternal brother” since the usual stance is that in legal texts one word can have only one meaning., the wife of his brother who did not live in his world¹¹Deut. 25:5 introduces the rules of the levirate with the statement “If brothers live together”. This means that a brother born after the death of another cannot marry the widow of the deceased, i. e., the childless widow does not have to wait until the newborn baby grows up to marry her but, if there is no other brother, she may immediately marry outside the family., and his daughter-in-law¹²This is obvious (Lev. 18:15) except for the case that the son had died and his widow married a brother of her father-in-law unrelated to her. The prohibition of 18:15 is permanent; the earlier marriage to the son forbade her permanently to the father-in-law..

Rav said⁹⁵In the Babli, 21b, this is reported as a Galilean statement which is rejected because it is not valid in all cases.: In all cases where the female is forbidden by the Torah, the wife of the corresponding male is forbidden. The father’s sister is forbidden as female; the wife of the father’s brother, the corresponding male, is forbidden⁹⁶Both cases are biblical, Lev. 18:12,14. It seems that Rav claims biblical status for his statement.. The mother’s sister is forbidden as female⁹⁷Lev. 18:13. The second case is a secondary prohibition.; the wife of the mother’s brother, the corresponding male, is forbidden His son’s daughter is forbidden as female⁹⁸Lev. 18:17.; the wife of his son’s son, the corresponding male, is forbidden His daughter’s daughter is forbidden as female⁹⁸Lev. 18:17.; the wife of his daughter’s son, the corresponding male, is forbidden Rebbi Jacob the Southerner said before Rebbi Yose, there are another two. His mother is biblical⁹⁹Lev. 18:7.. His mother’s mother is secondary to her. They forbade his father’s mother because of his mother’s mother¹⁰⁰She is in the list of secondary prohibitions. As the Babli notes, 21b, in general one does not admit fences around fences of the law (cf. Note 72), so without Rav’s rule, she should be permitted. The Babli has a special explanation for the prohibitions, because grandmother and grandfather are called grand mother and grand father by the grandchildren, which gives them status of father and mother. The Yerushalmi disagrees and holds that there is never a fence for a fence of the law. In the next paragraph one proves the biblical prohibition of some so-called secondaries.. His son’s wife is biblical¹⁰¹Lev. 18:15.. His son’s son’s wife is secondary to her. They forbade his daughter’s son’s wife because of his son’s son’s wife. Rebbi Mattaniah said, there are another two. His father’s wife is biblical¹⁰²Lev. 18:8.. His paternal grandfather’s wife is secondary to her. They forbade his maternal grandfather’s wife because of his paternal grandfather’s wife. His father’s paternal brother’s wife is biblical¹⁰³Lev. 18:14. It was stated in Halakhah 1:1 that “brother” means “paternal brother”.. His father’s maternal brother’s wife is secondary to her. They forbade his mother’s maternal halfbrother’s wife because of his father’s maternal brother’s wife.