Talmud - Yevamot 99a יבמות צ״ט א׳

§ The Sages taught: There is a case in which one performs ḥalitza with his mother due to uncertainty, or with his sister due to uncertainty, or with his daughter due to uncertainty. This is the halakha despite the fact that a levirate bond cannot be created between these relatives.

How so? If his mother and another woman had two sons, one each, and they then gave birth to two other sons in hiding, whose identities were confused, such that their lineage was consequently indeterminate, and the known son of this woman came and married the mother of that other known son, and the known son of that woman married this son’s mother, and they died without children, the halakha is that this one of the mixed sons performs ḥalitza with both women, as it is unknown which is his mother and which his yevama, and that one likewise performs ḥalitza with both women. It is therefore found that each one of them performs ḥalitza with his mother, due to the uncertainty.

There is a case where a man performs ḥalitza with his sister due to uncertainty. How so? If his mother and another woman gave birth to two females in hiding, and they were mixed, and the paternal, but not maternal, half brothers of this man and of the son of the other woman came and married them, and those half brothers died without children, the halakha is that the living half brothers perform ḥalitza with both wives, each with his half sister-in-law. It is therefore found that one performs ḥalitza with his half sister due to uncertainty.

There is a case where one performs ḥalitza with his daughter due to uncertainty. How so? If his wife and another woman gave birth to two females in hiding, and they were mixed, and his brothers and the brothers of the other woman’s husband came and married them, and they died without children, then this one performs ḥalitza with his daughter due to uncertainty, and that one also performs ḥalitza with his daughter due to uncertainty.

§ Following the previous baraita, the Gemara cites two additional baraitot that discuss unusual family situations. It is taught in a baraita that Rabbi Meir would say: A man and a woman can sometimes bear children of five nations, i.e., of five separate categories of lineage.

How so? If a Jew bought a slave and a maidservant from the market, and the slave and maidservant had two children at the time, and one of these children converted, it is found that one child is a convert and the other one is a gentile. If the master immersed the slave and maidservant for the sake of giving them the status of slaves, and they engaged in intercourse with each other and had a child, here there are three children in the family who are a convert, and a gentile, and a slave. If he freed the maidservant, which renders her a Jewess, and her husband the slave engaged in intercourse with her, and they had another child, here there are a convert, a gentile, a slave, and a mamzer. The offspring of a slave and a Jewess, according to Rabbi Meir, have the same status as a son born from an incestuous or adulterous relationship. If the master subsequently freed both the maidservant and the slave and married them to each other and they had another child, here there are a convert, a gentile, a slave, a mamzer, and a regular Jew.

The Gemara asks: What is the baraita teaching us? The Gemara answers: It is teaching us that if a gentile or a slave engaged in intercourse with a Jewish woman, their offspring is a mamzer.

The Sages taught: There is a case in which a man sells his father in order to collect his mother’s marriage contract for her. How so? A Jew bought a slave and a maidservant from the market, and they had a son, and the master freed the maidservant and married her, and he arose and wrote that all his property should go to her son, including her son’s father, the slave. It is found that this son, after receiving the master’s property, might sell his father to collect for his mother her marriage contract.

The Gemara asks: What is the baraita teaching us? The Gemara answers: The entire baraita is the statement of Rabbi Meir, and it is teaching us that although the legal status of a slave is like that of movable property, and there are those who hold that movable property cannot be mortgaged, Rabbi Meir holds that movable property is mortgaged for a marriage contract. This is also Rabbi Meir’s ruling elsewhere. Therefore, one might be obligated to sell his slave to pay a marriage contract. And if you wish, say that it is teaching us this: The legal status of a slave is like that of real estate, and therefore, according to all opinions one is obligated to sell his slave to pay a marriage contract.

MISHNA: With regard to a woman whose offspring was mixed with the offspring of her daughter-in-law, and their lineage was consequently indeterminate, and the mixed sons matured and married women, and subsequently they died, the certain sons of the daughter-in-law perform ḥalitza with the wives, but not levirate marriage, as with regard to each wife it is uncertain whether she is his brother’s wife, and therefore his yevama, and uncertain whether she is his father’s brother’s wife, who is forbidden to him.

However, the certain sons of the elder woman, i.e., the mother-in-law, perform either ḥalitza or levirate marriage, as with regard to each wife it is uncertain whether she is his brother’s wife, in which case levirate marriage is valid, or his brother’s son’s wife, in which case she is permitted to him, after having performed ḥalitza with a son of the daughter-in-law.

If the sons of certain, unflawed lineage were the ones who died, then the mixed sons perform ḥalitza with the widows of the elder woman’s sons but not levirate marriage, as it is uncertain whether she is his brother’s wife or his father’s brother’s wife. With the widows of the certain sons of the daughter-in-law, one of the mixed sons performs ḥalitza, in case she is his brother’s wife. And the other one performs levirate marriage, as even if she is his brother’s son’s wife, she is permitted to him.

In the case of a priestess whose offspring was mixed with her maidservant’s offspring, they may partake of teruma, as both a priest and the slave of a priest partake of teruma. And they receive one share of teruma in the granary.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Yevamot 99a explores rare halakhic scenarios where confused parentage leads a man to perform ḥalitza with his own mother, sister, or daughter.