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Daily Daf Dose
According to Rabbi Oshaya, Rabbi Shimon disagrees in both cases and allows Levi, the new brother to perform a yibum with Reuven’s widow.
The first case (the Mishna in the beginning of the chapter):
There are two brothers, Reuven and Shimon; Reuven dies childless and then a third brother, Levi is born to them. The second brother, Shimon performs a yibum with Reuven’s wife, Penina, and then, he too, dies childless. Shimon had another wife, Chana, as well. They both (Penina and Chana) fall to yibum to Levi. Penina is exempt from yibum and chalitzah because she is the wife of Levi’s brother (Reuven) who was not in his world (Reuven and Levi were not alive together). Chana is also exempt from yibum and chalitzah because she is the co-wife of an ervah.
Rabbi Shimon would permit Reuven’s wife, Penina to Levi even though Levi was born before Shimon took her in yibum.
The second case (our Mishna):
There were two brothers, Reuven and Shimon. Reuven died childless and Shimon performed a yibum on Reuven’s widow, Penina. A third brother, Levi was born and subsequently Shimon died childless. Shimon’s two widows fall for yibum to Levi. Penina is exempt from yibum and chalitzah because she is the wife of Levi’s brother who was not in his world (Reuven and Levi were not alive at the same time.) Chana, Shimon’s original wife, is exempt as well because she is the co-wife of an ervah.
Rabbi Shimon disagrees and maintains that Levi may perform yibum or chalitzah with any one that he desires.
The Gemora asks: It is understandable why in the Rabbi Shimon disagrees in the latter case because when Levi was born, he found Penina (Reuven’s widow) in a permitted state (since she was married to Shimon at that time); however, what is his reasoning in the former case; when Levi was born, Penina was forbidden to him on account of her being the wife of his brother that was not in his world?
The Gemora answers: Rabbi Shimon maintains that there is a zikah-attachment between every yavam and yevamah and this attachment is regarded like his complete wife. (Therefore, when Reuven dies and his widow, Penina falls for yibum to Shimon, it is as if she is Shimon’s full-fledged wife. When Levi was subsequently born, she did not fall for yibum to Levi, thus prohibiting her to Levi on account of her being the wife of his brother that was not in his world; rather, she is Shimon’s ‘wife’ and when Shimon dies, she is falling for yibum to Levi on account of being Shimon’s wife, not Reuven’s.)
Rav Yosef asks: We have learned regarding a case where there was a zikah and a ma’amar that Rabbi Shimon is uncertain if the zikah-attachment will result in the yevamah being considered a full-fledged wife or not; can there be any question that zikah alone (without a ma’amar) can certainly not result in the yevamah being considered a full-fledged wife?
In which case was Rabbi Shimon uncertain? The Gemora cites the Mishna (31b): There were three brothers who were married to three unrelated women, and one of them, Reuven died. The second brother, Shimon married the yevamah by ma'amar (Biblically, the yavam cohabits with the yevamah, thus acquiring her. The Rabbis established ma’amar, the betrothal of a yevamah as a prelude to yibum.), and he died. Reuven’s original wife falls for yibum to the third remaining brother, Levi. Levi must perform chalitzah, but he cannot perform a yibum. This is derived from a Scriptural verse which states that a yevamah can be taken in yibum only if there was a zikah (an attachment on the account of yibum) from one brother; not when there is a zikah from two brothers. (The yevamah is doubly subject to yibum, on account of her Biblical marriage with Reuven and her Rabbinical marriage with Shimon.)
Rabbi Shimon disagrees and maintains that Levi can perform a yibum with whichever one he wishes and he must perform a chalitzah with the other one. Rabbi Shimon holds that ma’amar is considered a complete marriage or is it entirely ineffective. If ma’amar accomplishes that she is now considered Shimon’s wife, Levi can perform yibum with whichever woman he wishes because they are both Shimon’s wives, and not Reuven’s. It is for this reason that he cannot perform yibum with both women. If ma’amar is entirely ineffective, Reuven’s widow is falling for yibum only on the account of Reuven and she can still be taken in yibum. In any event, it is evident that Rabbi Shimon is uncertain if a zikah-attachment and ma’amar will result in the tevamah being regarded as a full-fledged wife.
Abaye answers that there is a distinction between the Mishna’s case where there is only one surviving brother and the other cases where there are two remaining brothers. Rabbi Shimon maintains that when there is only one yavam, the zikah-attachment is regarded as a complete marriage; however, when there are two brothers, he does not say this; only ma’amar can accomplish this.
The Gemora objects to this distinction: The Gemora cites a braisa which indicates that Rabbi Shimon maintains that if the new brother was born before the widow is taken for yibum, she is forbidden to the new brother in any future yibum situation even if there was only one brother. (18b -19a)
The first case (the Mishna in the beginning of the chapter):
There are two brothers, Reuven and Shimon; Reuven dies childless and then a third brother, Levi is born to them. The second brother, Shimon performs a yibum with Reuven’s wife, Penina, and then, he too, dies childless. Shimon had another wife, Chana, as well. They both (Penina and Chana) fall to yibum to Levi. Penina is exempt from yibum and chalitzah because she is the wife of Levi’s brother (Reuven) who was not in his world (Reuven and Levi were not alive together). Chana is also exempt from yibum and chalitzah because she is the co-wife of an ervah.
Rabbi Shimon would permit Reuven’s wife, Penina to Levi even though Levi was born before Shimon took her in yibum.
The second case (our Mishna):
There were two brothers, Reuven and Shimon. Reuven died childless and Shimon performed a yibum on Reuven’s widow, Penina. A third brother, Levi was born and subsequently Shimon died childless. Shimon’s two widows fall for yibum to Levi. Penina is exempt from yibum and chalitzah because she is the wife of Levi’s brother who was not in his world (Reuven and Levi were not alive at the same time.) Chana, Shimon’s original wife, is exempt as well because she is the co-wife of an ervah.
Rabbi Shimon disagrees and maintains that Levi may perform yibum or chalitzah with any one that he desires.
The Gemora asks: It is understandable why in the Rabbi Shimon disagrees in the latter case because when Levi was born, he found Penina (Reuven’s widow) in a permitted state (since she was married to Shimon at that time); however, what is his reasoning in the former case; when Levi was born, Penina was forbidden to him on account of her being the wife of his brother that was not in his world?
The Gemora answers: Rabbi Shimon maintains that there is a zikah-attachment between every yavam and yevamah and this attachment is regarded like his complete wife. (Therefore, when Reuven dies and his widow, Penina falls for yibum to Shimon, it is as if she is Shimon’s full-fledged wife. When Levi was subsequently born, she did not fall for yibum to Levi, thus prohibiting her to Levi on account of her being the wife of his brother that was not in his world; rather, she is Shimon’s ‘wife’ and when Shimon dies, she is falling for yibum to Levi on account of being Shimon’s wife, not Reuven’s.)
Rav Yosef asks: We have learned regarding a case where there was a zikah and a ma’amar that Rabbi Shimon is uncertain if the zikah-attachment will result in the yevamah being considered a full-fledged wife or not; can there be any question that zikah alone (without a ma’amar) can certainly not result in the yevamah being considered a full-fledged wife?
In which case was Rabbi Shimon uncertain? The Gemora cites the Mishna (31b): There were three brothers who were married to three unrelated women, and one of them, Reuven died. The second brother, Shimon married the yevamah by ma'amar (Biblically, the yavam cohabits with the yevamah, thus acquiring her. The Rabbis established ma’amar, the betrothal of a yevamah as a prelude to yibum.), and he died. Reuven’s original wife falls for yibum to the third remaining brother, Levi. Levi must perform chalitzah, but he cannot perform a yibum. This is derived from a Scriptural verse which states that a yevamah can be taken in yibum only if there was a zikah (an attachment on the account of yibum) from one brother; not when there is a zikah from two brothers. (The yevamah is doubly subject to yibum, on account of her Biblical marriage with Reuven and her Rabbinical marriage with Shimon.)
Rabbi Shimon disagrees and maintains that Levi can perform a yibum with whichever one he wishes and he must perform a chalitzah with the other one. Rabbi Shimon holds that ma’amar is considered a complete marriage or is it entirely ineffective. If ma’amar accomplishes that she is now considered Shimon’s wife, Levi can perform yibum with whichever woman he wishes because they are both Shimon’s wives, and not Reuven’s. It is for this reason that he cannot perform yibum with both women. If ma’amar is entirely ineffective, Reuven’s widow is falling for yibum only on the account of Reuven and she can still be taken in yibum. In any event, it is evident that Rabbi Shimon is uncertain if a zikah-attachment and ma’amar will result in the tevamah being regarded as a full-fledged wife.
Abaye answers that there is a distinction between the Mishna’s case where there is only one surviving brother and the other cases where there are two remaining brothers. Rabbi Shimon maintains that when there is only one yavam, the zikah-attachment is regarded as a complete marriage; however, when there are two brothers, he does not say this; only ma’amar can accomplish this.
The Gemora objects to this distinction: The Gemora cites a braisa which indicates that Rabbi Shimon maintains that if the new brother was born before the widow is taken for yibum, she is forbidden to the new brother in any future yibum situation even if there was only one brother. (18b -19a)
Rav Oshaya asks on Rabbi Oshaya (two different people) from a Mishna (28b): Three were three brothers, Reuven, Shimon and Levi. If two of them (Reuven and Shimon) are married to two sisters, or to a woman and her daughter, or to a woman and her daughter's daughter, or to a woman and her son's daughter (and both Reuven and Shimon die childless), these two women require chalitzah, but they may not be taken in yibum (since each one of these women is an ervah from the other zekukah). Rabbi Shimon exempts even from chalitzah.
The Gemora asks: If Rabbi Shimon maintains that there is a zikah-attachment between every yavam and yevamah and this attachment is regarded like his complete wife, why can’t the third brother Levi perform a yibum or chalitzah with Reuven’s wife and Shimon’s wife should be exempt from yibum and chalitzah? (Since Reuven died first, there should be a zikah-attachment from Reuven’s widow to Levi, tantamount to a complete marriage, which should preclude any zikah from Shimon’s widow to Levi on account that she is an ervah to Levi.)
Rav Amram answers: This is actually what Rabbi Shimon meant to say; he exempts the widow who fell to yibum second. (He may perform a yibum or chalitzah with the first widow.)
The Gemora asks: This cannot be the correct interpretation, for we learned in a braisa that Rabbi Shimon exempts both widows from yibum and chalitzah?
Rava answers: When Rabbi Shimon said that both widows are exempt, he meant that the second one from this pair and the second one from that pair is exempt from yibum and chalitzah. (Rava’s interpretation of the case is as follows: Reuven was married to two women, Sora and Rochel. Shimon was also married to two women, Rivka and Leah. Rivka was Sora’s daughter and Leah was Rochel’s sister. Reuven died first. Levi can perform yibum or chalitzah with any one of Reuven’s widows. Shimon’s widows are exempt from yibum and chalitzah. The reasoning is as follows: When Reuven dies childless; one of his wives is considered a full-fledged wife to Levi on account of the zikah-attachment. Whichever one this turns out to be has a relative who is married to Shimon, either a daughter or a sister. It emerges that when Shimon also dies childless, one of his wives is exempt from yibum and chalitzah because she is a relative of Levi’s zikah-wife and the other one is exempt because she is a co-wife of an ervah.)
The Gemora states that Rava’s interpretation is flawed: Firstly, the Mishna states that the cases independently of one another. One case is with two sisters and another case is referring to a woman and her daughter; Rava explained that they are all one case.
Secondly, the Mishna lists four cases; two sisters, a woman and her daughter, a woman and her daughter's daughter, or a woman and her son's daughter. According to Rava that each brother had four wives, the Mishna should have stated that Rabbi Shimon exempts all four from yibum and chalitzah?
Furthermore, it was taught explicitly in a braisa that Rabbi Shimon exempts the widow from each brother from chalitzah and yibum.
Rav Ashi answers: The Mishna is dealing with a case that both brothers died precisely at the same moment; each widow will be exempt from yibum and chalitzah because each one of them is an ervah from the zikah-wife. If Reuven would have died first, Levi would be permitted to perform yibum with his widow and Shimon’s widow would be released without yibum or chalitzah. (19a)
The Gemora cites a dissenting opinion: Rav Pappa disagrees with Rabbi Oshaya in his interpretation of Rabbi Shimon’s opinion. Rav Pappa said: Rabbi Shimon maintains that Levi can perform a yibum with Shimon’s widow only when Shimon performed a yibum with Reuven’s widow and then Levi was born. If however, Levi was born and then Shimon performed a yibum with Reuven’s widow, she will always remain forbidden to Levi.
The Gemora quotes a braisa that supports Rav Pappa’s understanding of Rabbi Shimon’s opinion and refutes Rabbi Oshaya’s explanation. (19a – 19b)
The Gemora cites a braisa: Reuven and Shimon were contemporary brothers and Reuven died childless. Shimon planned to perform a ma'amar to his yevamah, but before he managed to perform a ma’amar to her, a third brother, Levi was born and subsequently Shimon died childless. The first (Reuven’s wife) is exempt from yibum and chalitzah on account that she is the wife of his brother who was not in his world, whereas the second (Shimon’s wife) can be taken for yibum or chalitzah.
The Gemora asks: What is the meaning of “he planned to perform a ma’amar,” and what is the meaning of “but before he managed to perform a ma’amar to her”? Why should it make a difference if he wanted to perform ma’amar?
The Gemora answers: We are referring to a case where he wanted to perform a ma’amar with her consent, but at the end, he performed it against her will.
This does not follow Rebbe’s opinion, for Rebbe holds that a forced ma’amar is valid, and the Chachamim disagree.
The Gemora explains this dispute: Rebbe compares ma’amar to yibum. Just like, one may perform a yibum without the consent of the yevamah, so too, a ma’amar without her consent is valid. The Chachamim compare ma’amar to a regular betrothal between a man and a woman. Just like a betrothal is only effective if the woman agrees, so too, ma’amar will only be valid with the consent of the yevamah. (19b)
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