Rabbi Yoḥanan shocking statement TB Yevamot 28

Rabbi Yoḥanan says something unbelievably shocking on daf TB Yevamot 27b. Here is the case under discussion. There are three brothers, Shimon, Levi, and Judah. Two out of three brothers marry two sisters. Let’s say Shimon marries Leah and Levi marries Rachel. Shimon dies without children and Leah comes before Judah for the purposes of a levirate marriage, yibum. Now Judah may do yibum with Leah because Rachel is happily married to Levi. Before Judah does yibum with Leah, Levi dies and now Rachel also falls before him as a yevama to perpetuate Levi’s name. At this juncture Judah can’t do yibum with the either Leah or Rachel because they are a sister of a woman who has a bond, zika, to the surviving brother (אשת אחות זקוקתו). Judah must do halitza to both Leah and Rachel.

What happens if one of the sisters dies before halitza is done? According to Rabbi Yoḥanan, everything changes depending on which sister dies. “Rabbi Yoḥanan said: If the second sister dies, he is permitted to take the first. But if the first sister dies, he is prohibited from taking the second sister. What is the reason for this ruling? The reason is that any yevama to whom the verse “her brother-in-law will have intercourse with her” (Deuteronomy 25:5) cannot be applied at the time that she happens before him for levirate marriage because she was forbidden to him at that moment, is then forever considered to be like the wife of a brother who has children, and she is forbidden to him. Because the second sister was forbidden to the yavam at the time that she happened before him for levirate marriage, being the sister of a woman with whom he had a levirate bond, she can never again be permitted to him.” (Sefaria.org translation)

Once again let’s say that before Judah can do anything, Rachel dies. Because Leah was originally permitted to do yibum, and then became prohibited because Rachel then fell before Judah to do yibum. Now that Rachel dies, Leah returns to her original permitted state and can do yibum. However, Rachel was never permitted to Judah. Consequently if Leah dies first, Rachel remains in her forbidden state and Judah must perform halitza.

Rabbi Yosei bar Ḥanina challenges Rabbi Yoḥanan based on the first Mishna in our current chapter. “Rabbi Yosei bar Ḥanina raised an objection to the opinion of Rabbi Yoḥanan from the mishna: In the case of four brothers, two of whom were married to two sisters, and those married to the sisters died, then those sisters must perform ḥalitza and may not enter into levirate marriage. And why does the mishna require ḥalitza? Let one of the brothers rise and perform ḥalitza with the second sister, i.e., the sister whose husband died later. As a result, the first would be like a yevama who was permitted at the time of her husband’s death but later became forbidden due to the bond that was created with her sister, and she then subsequently became permitted by means of ḥalitza performed with her sister, insofar as the other brother, i.e., he who did not perform ḥalitza, is concerned. Therefore, she should return to her original permitted status.” (Sefaria.org translation)

Now in response Rabbi Yoḥanan says something shocking. “Rabbi Yoḥanan said to him: I do not know who taught: Sisters.” Rashi ד"ה אֵינִי יוֹדֵעַ מִי שְׁנָאָן comments: “this is not a Mishna-כלומר זו אינה משנה” How could an amora say something like this on a tannaitic source?! Although Rabbi Yoḥanan’s exact statement is quoted in a couple other places, nobody else ever says anything like this.

The Gemara tries to squeeze Rabbi Yoḥanan’s position into the words of the first Mishna. Each attempt is deflected as an impossible read based on a close reading of the text. Finally on today’s daf TB Yevamot 28 “The Gemara concludes: Indeed, this is what Rabbi Yoḥanan meant when he said to Rabbi Yosei bar Ḥanina: I do not know who taught: Sisters, for according to these considerations he cannot properly resolve the ruling of this mishna.” (Sefaria.org translation)