[ ]Mapping the Familyon by the rabbis are cited in limitations on levirate. A community whose
marriage preferences involve endogamy, marriage between relatives,
may find it difficult to perform levirate without committing incest. Le-
virate is closely connected to inheritance law, as acknowledged in the
eighth chapter of Baba Batra. Rabbinic discussions of levirate, like those
about mourning, testimony, and inheritance, offer glimpses into the
rabbis’ notions of what constitutes family.
The opening mishna of tractate Yevamot lists the women who, if they
are married to a man’s brother, exempt their “co-wives” — any other
wives their husband may have — from levirate marriage and halitza:
Fifteen women exempt their co-wives and the co-wives of their
co-wives from halitza and levirate marriage forever. They are:
His daughter, and his daughter’s daughter and his son’s daughter.
His wife’s daughter, and her son’s daughter and her daughter’s
daughter. His mother-in-law, and the mother of his mother-in-law
and the mother of his father-in-law, his sister by his mother, and his
mother’s sister, and his wife’s sister, and the wife of his brother by his
mother, and the wife of a brother who did not live at the same time
he did, and his daughter-in-law.^108
The Bavli begins its discussion of this mishna by asking about the or-
der i n wh ich t he relat ives appea r on t he l ist. T he Bavl i fi rst quest ions why
the list begins with the daughter rather than one of the other women.
The Bavli responds by claiming that the “teacher [of the mishna] chose
[to list the members on the basis of ] closeness”; that is, closer relatives
are listed before more distant relatives:
He teaches “his daughter, and his daughter’s daughter and his son’s
daughter” for they are closely related to him. Since he taught three
generations below him, he also teaches three generations below
[the man’s wife]. Since he taught three generations descending from
her, he also teaches three generations above her. Then he teaches
“his sister and his mother’s sister” for they are closely related to
him. Since he was dealing with prohibitions that derive from sisters
(a hava), he teaches “his wife’s sister.”^109According to the Bavli, a person’s daughter and granddaughters are
among his closest relatives, as are his sister and his aunt.^110 While rela-