Yevamos - Daf 95
- The source that a woman is permitted to her husband who had relations with her sister
The Gemara seeks the source for the ruling that when a man intentionally transgresses the prohibition of having relations with his wife’s sister, that his wife does not become prohibited to him. It was taught in a Baraisa: The passuk states regarding the prohibition of a married woman who committed adultery: "אתה" – And a man lay with her. This teaches: אותה שכיבתה אוסרתה ואין שכיבת אחותה אוסרתה – that her lying with a man prohibits her, but her sister’s lying with a man does not prohibit her, referring to her sister having relations with her husband. The Baraisa explains why this teaching was necessary, for without it, one could say, מה במקום שבא על איסור קל נאסר האוסר – If in a place where one has relations with a woman prohibited with a lenient prohibition, which the Gemara later explains refers to a woman who committed adultery who becomes permitted to other men after her husband divorces her, the one who causes her prohibition to other men (her husband) becomes prohibited himself to her, מקום שבא על איסור חמור אינו דין שנאסר האוסר – then in a place where one who has relations with a chamur prohibition, referring to his wife’s sister who is always prohibited to him while his wife is alive, is it not logical that the one who causes her prohibition (the man’s wife) becomes prohibited herself? Therefore, the passuk is needed to teach that the woman is still permitted to her husband.
- Machlokes if a woman is permitted to her husband who had relations with her mother
In a Baraisa, Rebbe Yehudah argued with Rebbe Yose, and said both Beis Shammai and Beis Hillel agree that if a man had relations with his mother-in-law, his wife becomes forbidden to him. Rebbe Ami said in the name of Reish Lakish that Rebbe Yehudah’s reason is based on the passuk regarding one who has relations with his mother -in-law, "באש ישרפו אתו ואתהן" – In fire they shall burn him and them. The words “and them,” refer to his wife and her mother. אם אינו ענין לשריפה – And since the passuk cannot mean that his wife is also burned, for she did nothing wrong, תנהו ענין לאיסורא – you must apply it with regard to a prohibition, to teach that if a man has relations with his mother-in-law, his wife becomes prohibited to him. Rav Yehudah said in the name of Shmuel that the halachah is not like Rebbe Yehudah, but rather it is like Rebbe Yose’s opinion of Beis Hillel, that the wife does not become prohibited to her husband. The term אתהן – them, comes to teach that both his wife and his mother-in-law must be alive at the time of the transgression.
- כל שפוסל על ידי אחרים פוסל על ידי עצמו
The Mishnah on Daf 94b, brought a case where a man’s wife and brother-in-law went overseas and were reported dead, leading the man to marry his sister-in-law. They then reappeared, and the Tanna Kamma permits the first wife to return to her husband but forbids his sister-in-law to return to his brother-in-law. Rebbe Yose said, כל שפוסל על ידי אחרים פוסל על ידי עצמו – Anyone who disqualifies others disqualifies himself as well, וכל שאינו פוסל על ידי אחרים אינו פוסל על ידי עצמו – and whoever does not disqualify others does not disqualify himself either. The Gemara here explains that Rebbe Yose means, כי היכי דאשת גיסו אסירא אשתו נמי אסירא – that just as his brother-in-law’s wife is prohibited to her husband, so too his wife is prohibited to him. The Gemara objects to this pshat given that it does not explain Rebbe Yose’s second statement of whoever does not disqualify others does not disqualify himself either. Rebbe Ami and Rebbe Yitzchak Nafcha give different explanations.
