Daf Yomi - Yevamos 27 - Highlights

Shmuel said: If there were three brothers, two of them were married to two sisters and they each had another wife as well. The two brothers died childless, leaving their wives available for yibum to the third brother. If he performs chalitzah with the sisters, the co-wives are not released and are still in a zikah situation (the chalitzah to the sisters is a deficient chalitzah because they cannot be taken for yibum and a deficient chalitzah does not exempt the co-wives). If he performed chalitzah with the co-wives, the sisters are released from their attachment to the yavam. (The Gemora will explain why the chalitzos are not deemed to be deficient in this case as well.)

Shmuel rules regarding another case: There were two brothers, one of them had two wives and died childless. The yavam gave a get (bill of divorce) to one of the women. He is now prohibited from performing yibum with any of these women, but he is required to perform a chalitzah. (Although giving a get to a yevamah does not accomplish anything (for the Torah prescribes only a yibum or a chalitzah with a yevamah), the Rabbis decreed that it should be treated similar to a chalitzah.) If the yavam performs a chalitzah with the woman who received the get, the co-wife is not released; however if he performed chalitzah with the co-wife, the woman who received the get is released.

Shmuel issued a third ruling: If a yavam performs a ma’amar with one of the widows and then he decides to release her, she needs a get and a chalitzah. If the yavam performs a chalitzah with the woman who received the ma’amar, the co-wife is not released. If he performs a chalitzah with the co-wife, the woman who received the ma’amar is released. (27a)

The Gemora asks on Shmuel’s first ruling: (If there were three brothers, two of them were married to two sisters and they each had another wife as well. The two brothers died childless, leaving their wives available for yibum to the third brother. If he performs chalitzah with the sisters, the co-wives are not released and are still in a zikah situation. If he performed chalitzah with the co-wives, the sisters are released from their attachment to the yavam.) Why are the co-wives not released when he performed chalitzah with the sisters? It is because each sister is regarded as a wife’s sister because of the zikah-attachment. Since they cannot be taken for yibum, their chalitzah is considered deficient and does not exempt their co-wives. Accordingly, the same logic should apply in the case when he performed a chalitzah with the co-wives. It is also forbidden to perform a yibum with the co-wives of a wife’s sister through zikah. Why does Shmuel rule that chalitzah performed with the co-wives releases the sisters; their chalitzah is deficient as well?

The Gemora answers: Shmuel is following the opinion of the one that says that there is no zikah-attachment. (The sisters would not be similar to a wife’s sister and the chalitzah with the co-wives is not deficient.)

The Gemora asks: If so, why does a chalitzah to the sisters not release the co-wives, the chalitzah should be legitimate if there is no zikah-attachment? The Gemora clarifies its question: (the example given is where he initially performs a chalitzah with Leah and then with the other sister Rochel) It is understandable that the co-wife of Rochel, who received chalitzah second, should not be released because Rochel’s chalitzah was deficient; she is a sister of a chalutzah, namely Leah, and she could not have been taken for yibum. However, the Gemora does not understand why the co-wife of Leah should not be released. If Shmuel is following the opinion who holds that there is no zikah-attachment, Leah could have been taken for yibum; her chalitzah is completely legitimate and should release her co-wife?

The Gemora concedes that Shmuel only meant to rule regarding the co-wife of the second sister, Rochel; she has not been released from the yavam. The co-wife of the first sister, Leah, to have chalitzah is released, and she is permitted to marry another man.

The Gemora asks: If when Shmuel mentioned the “co-wives,” he is referring specifically to Rochel’s co-wife, let us examine Shmuel’s next statement. Shmuel said: If he performed chalitzah with the co-wives, the sisters are released from their attachment to the yavam. Why would Rochel, the second sister, be released on account of the chalitzah performed with her co-wife; the chalitzah performed with the co-wife is deficient because she is the co-wife of his chalutzah’s forbidden relative (Leah’s sister’s co-wife)?

The Gemora explains Shmuel’s statements differently: Shmuel’s first statement is as follows: If the yavam began with one of the sisters (he performed chalitzah with Leah), he may not complete the sequence by performing chalitzah with one of the co-wives since she is forbidden to be taken for yibum on account of being the co-wife of his chalutzah’s forbidden relative. Shmuel’s second statement is as follows: If the yavam began with one of the co-wives (he performed chalitzah with Leah’s co-wife), he may complete the sequence by performing chalitzah with the other sister, Rochel. Performing a chalitzah with Rochel will release Rochel’s co-wife as well. This is because we learned in a Mishna that one is permitted to perform a yibum with the relative of his chalutzah’s co-wife. (27a)

Rav Ashi presents a different explanation of Shmuel’s statements: (Shmuel’s statements are to be understood literally and his ruling is based on his opinion that there is a zikah-attachment. Shmuel’s first statement is that if he performs chalitzah with the sisters, the co-wives are not released and are still in a zikah situation. This is because the chalitzah to the sisters are deficient because they cannot be taken for yibum and a deficient chalitzah does not exempt the co-wives. Shmuel’s second statement is that if he performed chalitzah with the co-wives, the sisters are released from their attachment to the yavam.) The Gemora above questioned this; it is forbidden to perform a yibum with the co-wives of a wife’s sister through zikah. Why does Shmuel rule that chalitzah performed with the co-wives releases the sisters; their chalitzah is deficient as well? Rav Ashi answers that although their chalitzah is deficient, it is a superior chalitzah than that of one performed with the zekukah’s sister. The prohibition pertaining to the zekukah’s sister is more severe than the prohibition regarding the co-wife of the zekukah’s sister. Hence, Shmuel rules that the inferior chalitzah (one performed with the zekukah’s sister does not release the co-wives, whereas a superior chalitzah (although it is also deficient) performed with the co-wife of the zekukah’s sister will in fact release the sister from a chalitzah.

The Gemora attempts to offer support for Rav Ashi from a braisa, but it is ultimately rejected. (27a)

The Gemora inquires: There were two brothers and one died childless, leaving two widows for yibum. The yavam performed ma’amar with one of them and gave a get to the other one. (He now cannot perform a yibum with either.) Which woman should he perform chalitzah with (and will thus release her co-wife)? Should he perform chalitzah with the woman who received the get because he already initiated a chalitzah (rejection through the get) to her or should he perform the chalitzah with the one who received the ma’amar because she is closer to cohabitating with the yavam than the co-wife?

Rav Ashi said: Let us learn from the following braisa: Rabban Gamliel admits that a get (to one widow) has validity after a ma’amar (to the co-wife), and the yavam will be prohibited from performing a yibum with them or marrying the get-recipient’s relatives. He also admits that a ma’amar (to one widow) has validity after a get (to the co-wife), and the yavam will be prohibited from marrying the ma’amar-recipient’s relatives. (Rabban Gamliel and the Chachamim disagree regarding a ma’amar after a ma’amar and a get after a get.) The Gemora states: If a get is superior, the ma’amar should not have any validity after the get; if ma’amar is superior, the ma’amar should not have any validity after the get? It is evident that they are regarded as equal and neither would take precedence over the other. (27a – 27b)

Rav Huna said in the name of Rav: There were two brothers who were married to two sisters. Reuven died first and then Shimon died. Both of their widows fall for yibum to a third brother, Levi. If Levi performs a chalitzah with Reuven’s widow, she is released. If he then performs a chalitzah with Shimon’s widow, she is released. (The same halacha would be true if he reversed the order.) If the first widow dies (dissolving the zikah from her), the yavam may perform a yibum with the second widow. (Even though, the second widow was initially forbidden to Levi on account that she was his zekukah’s sister, Rav maintains that she can subsequently become permitted, provided that the zikah has dissolved.) It is not necessary to state that if the second widow would die that he may perform a yibum with the first widow because she is a yevamah who was originally permitted (when she fell to yibum alone), then forbidden (when her sister fell for yibum, resulting in a prohibition of a zekukah’s sister), and then permitted again (when the zikah of her sister dissolved due to her death).

Rabbi Yochanan disagrees: If the second widow would die, he may perform a yibum with the first widow; however if the first widow dies, the yavam may not perform a yibum with the second widow. Why not? Any yevamah that we cannot apply the verse “her yavam shall cohabit with her” at the time that she fell for yibum is regarded as a wife of a brother who has children and will be forbidden to the yavam forever.

The Gemora states that Rav actually holds of this principle as well, but only regarding a Biblical ervah such as a wife’s sister. If the yevamah is the yavam’s wife sister and subsequently, his wife dies (resulting in the fact that the yevamah does not have the prohibition of a wife’s sister any longer), he may not perform a yibum with her because she was forbidden to him at the time that she fell for yibum and remains forbidden forever. However, in our case, where the prohibition is merely Rabbinic in nature (the zekukah’s sister), Rav maintains that she can become permitted to him at a later time. (27b)

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