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The Gemora had stated: Everyone knows that the sister of one’s chalutzah is only prohibited to that person according to Rabbinic law! Therefore, if the yavam, the one who performed chalitzah, gives kiddushin to her sister, the kiddushin would clearly be valid.
Rav Yehudah Assad in teshuvos Yehudah Yaaleh asks the following question: Why do we assume that everyone knows that the chalutzah’s sister is only a Rabbinical prohibition? Tosfos in Bava Metzia (15b) writes: Shmuel maintains that if someone sells a field during Yovel, the money is returned. Shmuel does not say that since everyone knows that a field cannot be sold during Yovel, the money was definitely given as a gift. This is because there is a dispute on this matter, as Rav holds that a field can be sold during Yovel. Something that is a topic of dispute is not well-known. If so, perhaps everyone does not know that a chalutzah’s sister is only a Rabbinical prohibition, for Rabbi Akiva, in fact, holds that she is Biblically forbidden!?
He answers that it is quite possible that Rabbi Akiva holds that the chalutzah’s sister is Biblically forbidden to the yavam only if she was a nesuah to her first husband. However, if she was only an arusah, like in our case, everyone agrees that she is only Rabbinically forbidden.
Reb Ezriel Hildesheimer answers that Tosfos’ logic applied to Shmuel himself, for although the halachah is according to Shmuel, Shmuel himself could not say that everyone knows that a field cannot be sold during Yovel, because he knew that Rav disagrees with this. However, here, everyone knows that the halachah follows Rebbe that the chalutzah’s sister is only Rabbinically forbidden.
In the gloss to the sefer Yehudah Yaaleh, another distinction between the two cases is pointed out. Firstly, by Yovel, we are concerned about one person; namely, the buyer. Perhaps he does not know that a field cannot be sold during Yovel. Here, we are worried about the onlookers. We can safely assume that many people will not make a mistake even though there is an argument on the matter.
The Gemora had stated: Everyone knows that the sister of one’s chalutzah is only prohibited to that person according to Rabbinic law! Therefore, if the yavam, the one who performed chalitzah, gives kiddushin to her sister, the kiddushin would clearly be valid.
Rav Yehudah Assad in teshuvos Yehudah Yaaleh asks the following question: Why do we assume that everyone knows that the chalutzah’s sister is only a Rabbinical prohibition? Tosfos in Bava Metzia (15b) writes: Shmuel maintains that if someone sells a field during Yovel, the money is returned. Shmuel does not say that since everyone knows that a field cannot be sold during Yovel, the money was definitely given as a gift. This is because there is a dispute on this matter, as Rav holds that a field can be sold during Yovel. Something that is a topic of dispute is not well-known. If so, perhaps everyone does not know that a chalutzah’s sister is only a Rabbinical prohibition, for Rabbi Akiva, in fact, holds that she is Biblically forbidden!?
He answers that it is quite possible that Rabbi Akiva holds that the chalutzah’s sister is Biblically forbidden to the yavam only if she was a nesuah to her first husband. However, if she was only an arusah, like in our case, everyone agrees that she is only Rabbinically forbidden.
Reb Ezriel Hildesheimer answers that Tosfos’ logic applied to Shmuel himself, for although the halachah is according to Shmuel, Shmuel himself could not say that everyone knows that a field cannot be sold during Yovel, because he knew that Rav disagrees with this. However, here, everyone knows that the halachah follows Rebbe that the chalutzah’s sister is only Rabbinically forbidden.
In the gloss to the sefer Yehudah Yaaleh, another distinction between the two cases is pointed out. Firstly, by Yovel, we are concerned about one person; namely, the buyer. Perhaps he does not know that a field cannot be sold during Yovel. Here, we are worried about the onlookers. We can safely assume that many people will not make a mistake even though there is an argument on the matter.
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