Quotation sobre Deuteronômio 25:5
כִּֽי־יֵשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין־ל֔וֹ לֹֽא־תִהְיֶ֧ה אֵֽשֶׁת־הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ ל֛וֹ לְאִשָּׁ֖ה וְיִבְּמָֽהּ׃
Se irmãos morarem juntos, e um deles morrer sem deixar filho, a mulher do falecido não se casará com homem estranho, de fora; seu cunhado estará com ela, e a tomará por mulher, fazendo a obrigação de cunhado para com ela.
Jerusalem Talmud Kiddushin
134The text is from Yebamot, Chapter 2:1 (ב), explained there in Notes 12–20, and Chapter 5:1 (ה).“Her levir shall come upon her”, that is cohabitation. “And take her as a wife for himself”, that is “bespeaking”. I might think that just as cohabitation is final so “bespeaking” is final; the verse says “and take her in levirate.” This directs the entire paragraph towards levirate. Cohabitation is final, “bespeaking” is not final. Then what is “bespeaking” good for? To forbid her to his brothers.
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Jerusalem Talmud Kiddushin
Rebbi Simeon says, “bespeaking” either acquires or does not acquire. What is the argument of Rebbi Simeon? “Her levir shall come upon her”, that is cohabitation. “And take her for himself”, that is “bespeaking”. Just as cohabitation is final so “bespeaking” is final. Or “her levir shall come upon her”, then she has been acquired by him and “bespeaking” was of no use to her.
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Jerusalem Talmud Kiddushin
Rebbi Eleazar ben Arakh says, “bespeaking” acquires a sister-in-law completely. What is the argument of Rebbi Eleazar ben Arakh? “And take her as a wife for himself”, the same expression is used as for the preliminary marriage of a woman19In Mekhilta dR.Simeon bar Ioḥai (p. 167) the argument is inverted: Since in general a woman may be acquired by a document, so Hebrew slave girls may be acquired by a document.. Just as preliminary marriage acquires completely, so “bespeaking” acquires a sister-in-law completely. What is the formula for “bespeaking” a sister-in-law? “You are betrothed to me by money or money’s worth.”
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