全卷开篇:先说明转房之律的前提——亡夫兄弟娶寡嫂或为她行脱鞋礼,只在她可以嫁给他时适用;她若是他的近亲禁婚者,便免于转房与脱鞋礼,且连带使她的同室妻、同室妻的同室妻一并得免。密释纳随即立纲:十五种女人使她们的同室妻永远免于脱鞋礼与转房。
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妥拉律法规定:男子的兄弟无子而死,这男子(即 亡夫兄弟)须娶亡兄弟的遗孀(即 叔娶之妇),或以 脱鞋礼 解除她的转房之系;但此律只在这寡妇可以嫁给她这位尚存的小叔或大伯时才适用。
The Torah law obligating a man whose brother died without children [yavam] to marry his deceased brother’s widow [yevama] or to free her from her levirate bonds through the act of ḥalitza applies only when it is permitted for the widow to marry her surviving brother-in-law.
注:亡夫兄弟 指亡者尚存的兄弟,中文无一词兼指小叔与大伯,正文据文意写「小叔或大伯」。
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然而,若 叔娶之妇 因是近亲而被禁于她的 亡夫兄弟,转房的诫命就不适用,她既免于转房,也免于 脱鞋礼。
However, in cases where the yevama is forbidden to her yavam due to her status as a close family relative, the mitzva of levirate marriage is not applicable, and she is exempt from both levirate marriage and ḥalitza.
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贤哲又教导:叔娶之妇 免于转房,也使她的同室妻得免。
The Sages further taught that the exemption of a yevama from levirate marriage also exempts her rival wife.
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换句话说,亡者若有两个妻子,彼此互为所谓的同室妻,而其中只有一个是尚存兄弟的近亲,那么另一个同室妻也既免于转房,也免于 脱鞋礼。
In other words, if the deceased brother had two wives, each a so-called rival of the other, and only one wife is a relative of the surviving brother, then the rival wife is also exempt from both levirate marriage and ḥalitza.
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不但如此,这位同室妻若与亡者的另一个兄弟行了转房,而她对此人并非禁婚;倘若这第三个兄弟也无子而死,转房的义务又落到第二个兄弟身上,那么不仅这位被禁的同室妻免于转房与 脱鞋礼,她第二次婚姻中的新同室妻也一并得免。
Moreover, if that same rival wife entered into levirate marriage with a different brother of the deceased, one to whom she is not forbidden, then were this third brother also to die childless, so that the obligation of levirate marriage would again be incurred by the second brother, not only is the forbidden rival wife exempt from levirate marriage and ḥalitza, her new rival wives from her second marriage are also exempt.
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也就是说,第三个兄弟的其他任何妻子都免于转房之诫,因为她是那第一位同室妻的同室妻;而那第一位同室妻在头一个丈夫死后,正是因她原先那位同室妻得免而得免的。
That is to say, any other wife of the third brother is exempt from the mitzva of levirate marriage, as she is the rival wife of that first rival wife, who was exempted from levirate marriage following her first husband’s death due the exemption of her original rival wife.
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那第二位同室妻若随后又与另一个可娶她的兄弟行了转房,同样的原则也适用,如此类推。
The same principle applies if that second rival wife subsequently enters into levirate marriage with another permitted brother, and so on.
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总而言之,凡因是近亲禁婚者的同室妻而免于嫁给小叔或大伯的寡妇,本身就被当作近亲禁婚者看待,因此她既免于 脱鞋礼,也免于转房,并且也使日后的同室妻得免。
In summary, every widow who is exempt from marrying her brother-in-law due to her status as rival wife of a forbidden relative is treated as a forbidden relative herself and is therefore exempt from both ḥalitza and levirate marriage and causes exemption for future rival wives as well.
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密释纳列举了引出上述原则的种种情形。
The mishna describes various cases that invoke the principles above.
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有十五种女人属于以乱伦论禁的亲属关系,因此这些女人使她们的同室妻,以及她们同室妻的同室妻,永远免于 脱鞋礼 与转房;就是说,同室妻的同室妻的同室妻也得免,如此往下。
Fifteen categories of women constitute familial relations that are forbidden as incestuous, and consequently, these women exempt their rival wives and the rival wives of their rival wives from ḥalitza and from levirate marriage forever, i.e., they also exempt rival wives of rival wives of rival wives, and so on.
注:「同室妻」原文 צָרָה,本义「对头、敌人」,指同一丈夫的另一个妻子。