Question: Rather than force him to do Chalitzah, we should force him to do Yibum!

Answer (Rav): The case is, she has a Get from him.

Question (Beraisa): If within 30 days a Yevamah says that the Yavam has not had Bi'ah with her, whether or not he says that he did Bi'ah, we force him to do Chalitzah.

If she says this after 30 days, we request that he do Chalitzah;

If she says that he did Yibum and he denies this, he gives her a Get;

If he says that he did Yibum and she denies this, she needs a Get and Chalitzah, even if he later denies that he did Bi'ah. (Even though she has no Get, in the Reisha within 30 days we force him to do Chalitzah!)

Answer #1 (R. Ami): Really, she already has a Get. The Seifa teaches that she needs Chalitzah in addition to her Get. (Even if he retracted, she needs Chalitzah, but we do not force him.)

Answer #2 (Rav Ashi): She already received a Get from Zikah (forbidding Yibum). She needs Chalitzah and another Get (because he said that he did Bi'ah, even though he later retracted).

A Yavam and Yevamah came in front of Rava. Both said that they had not done Yibum (after he initially claimed that they did).

Rava: Do Chalitzah, and she is permitted.

Question (Rav Sharbiya - Beraisa): She needs a Get and Chalitzah.

Rava: If the Beraisa says so, that is the law.

Question (Hon): What is the law of the Tzarah (of a Yevamah who has been living with the Yavam and claims that she has not had Bi'ah)?

Answer (Rav Nachman): We will not forbid the Tzarah just because we force or request the Yavam to do Chalitzah!

(Mishnah): If a woman vowed (in the life of her husband not to benefit from her Yavam, we force the Yavam to do Chalitzah).

(Mishnah): At first, they used to say that three in three cases we force a man to divorce his wife and pay a Kesuvah:

A Kohen's wife said that she was defiled;

She said 'Shamayim is between us (my husband cannot have normal Bi'ah)';

She vowed not to have Bi'ah with any Yisrael.

Later, Chachamim changed the law, lest a woman desire to marry someone else and use one of these reasons to get divorced.

If a Kohen's wife says that she was defiled, she must prove this;

If she says 'Shamayim is between us', he should seek to appease her;

If she vows not to have Bi'ah with any Yisrael, her husband annuls the part of the vow that forbids him. She is permitted to him and permanently forbidden to other men.

Question: If she vowed not to have Bi'ah with any Yisrael (and fell to Yibum), what is the law?

Did it cross her mind that she might fall to Yibum (and she intended to forbid Yibum), or not? (Rashi - if not, she is permitted to the Yavam. Tosfos - surely she is forbidden to the Yavam. We ask whether or not we force him to do Chalitzah.)

Answer #1 (Rav): The Yavam is not like the husband (it did not cross her mind).

Answer #2 (Shmuel): He is like the husband.

Support (for Rav - Abaye - Mishnah): If a woman vowed in her husband's lifetime not to benefit from her Yavam, we force him to do Chalitzah.

If it crossed her mind, we should only request that he do Chalitzah!

Rejection: The case is, she had children. She did not expect that her children will die and then her husband.

Inference: If she had no children, we only request that he do Chalitzah.

Objection (Seifa): If she intended to prevent Yibum, we request that he do Chalitzah.

The Seifa should distinguish without changing her intent, i.e. we force him to do Chalitzah only if she had children. If not, we only request!

Conclusion: Rather, whether or not she had children, we force him to do Chalitzah, like Rav.

(Mishnah): If a Cheresh (deaf man) married a Pikachas, or he was a Pike'ach and she was a Chereshes, he may choose to divorce her or stay married;

Just like he married through gesturing, he may (authorize a Get and) divorce by gesturing.

If a Pike'ach married a Pikachas and she went deaf, he may choose to divorce her or stay married. If she went insane, he may not divorce her;

If he went deaf or insane, he can never divorce her.

Question (R. Yochanan ben Nuri): Why do we say that if she goes deaf he may divorce her, but if he goes deaf he cannot?

Answer (Chachamim): A woman is divorced whether or not she wants. A man divorces only if he wants to;

R. Yochanan ben Gudgada testified that if a man married off his Chereshes daughter (before she was a Bogeres), she may be divorced.

Chachamim: Also she (a Pikachas who went deaf) has the same law.

If two brothers were married to two sisters, and both members of one or both pairs of siblings were deaf, and one man died, his wife is exempt from Chalitzah and Yibum;

If the wives were unrelated, the Yavam may do Yibum. Afterwards, if he wants he may divorce her.

If two brothers, one deaf and one Pike'ach, were married to two sisters Pikchos, and the deaf brother died, his wife is exempt from Chalitzah and Yibum, for she is (mid'Oraisa the Yavam's) Achos Ishto;

If the Pike'ach died, the Cheresh must divorce his wife, and the Yevamah is forbidden forever (until the Yavam dies).

If two brothers Pikchim were married to two sisters, one deaf and one Pikachas, and the husband of the Chereshes died, she is exempt from Chalitzah and Yibum, due to Achos Ishto;

If the husband of the Pikachas died, the Yavam must divorce his wife, and the Yevamah does Chalitzah.

If a Cheresh was married to a Chereshes, and his Pike'ach brother was married to her Pikachas sister, and the Cheresh died, his wife is exempt from Chalitzah and Yibum, due to Achos Ishto;

If the Pike'ach died, the Cheresh must divorce his wife, and the Yevamah is forbidden forever (until the Yavam dies).

If two brothers, one deaf and one Pike'ach, were married to two unrelated Pikchos, and the Cheresh died, the Yavam may do Chalitzah or Yibum.

If the Pike'ach died, the Yavam does Yibum and can never divorce her.

If two brothers Pikchim were married to two unrelated women, one Pikachas and one Chereshes, and the husband of the Chereshes died, the Yavam does Yibum. Later, he may divorce her if he wants.

If the husband of the Pikachas died, the Yavam may do Chalitzah or Yibum.

If a Cheresh was married to a Chereshes, and his Pike'ach brother was married to a Pikachas not related to the Chereshes, and the Cheresh died, his wife does Yibum. The Yavam may divorce her if he wants;

If the Pike'ach died, the Yavam does Yibum, and he can never divorce her.

(Gemara - Rami bar Chama) Question: Why did Chachamim enact marriage for Chershim, but not for lunatics?

(Beraisa): If a lunatic or a minor married a woman, and he died, she is exempt from Chalitzah and Yibum.

Answer: Marriage with a Cheresh will last, so Chachamim enacted it. Marriage with a lunatic will not last, for a person cannot live in a basket with a snake (i.e. very close to a source of constant anxiety), so Chachamim did not enact it.

Question: Why did Chachamim enact marriage for Chershim, but not for a (male) minor?

Answer: Chershim will never be able to marry mid'Oraisa, so Chachamim enacted marriage mid'Rabanan for them. A minor will be able to get married mid'Oraisa, so no enactment was made for him.

Question: A female (orphaned) minor will be able to be marry mid'Oraisa, and marriage was enacted for her!

Answer: This was so men will not treat (have Bi'ah with) her like Hefker.

Question: Why may a girl do Mi'un, but a Chereshes may not?

Answer: If Chershos could do Mi'un, men would not marry them.