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|12th CYCLE DEDICATIONS|
YEVAMOS 19 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.
Rebbi Shimon is in doubt about whether Ma'amar is a valid Kinyan or not.
Abaye says that according to Rebbi Shimon, only in a case where there is only one Yavam is Zikah tantamount to marriage, but not when there are two Yevamim.
Tana Kama: If two brothers are married to two sisters, or to a mother and daughter, or to mother and granddaughter, and the brothers die, the surviving brother must do Chalitzah to both Yevamos. Rebbi Shimon: No Chalitzah is required. (1)
If two brothers who are married to two sisters die one after the other, according to Rebbi Shimon -- who maintains "Yesh Zikah" -- the Yavam may do Yibum to the sister that fell to him first, and the sister that fell to him afterwards is free to remarry without Chalitzah. If the two brothers die at the exact same time, no Yibum or Chalitzah is required.
Rav Papa says that Rebbi Shimon agrees that if a third brother is born prior to the Yibum of the second brother, the Yevamah is prohibited to him.
Rebbi Shimon permits the Yevamah to the third brother born after the Yibum of the second brother, because -- by the time he was born -- she was permitted; there was not even one second that the Yevamah was prohibited to him.
Rebbi: If a man does Ma'amar against the will of the Yevamah, the Ma'amar is valid. Rabanan: It is not valid. (2)
Tana Kama: If, after the second brother did Ma'amar with the Yevamah, a third brother is born, Chalitzah must be done with the second Yevamah, but is not required for the first Yevamah. Rebbi Shimon: Either Yibum or Chalitzah may be done with the second Yevamah, and nothing is required with the first Yevamah. (3)
According to Rebbi Shimon, if the brother does Chalitzah to the first Yevamah, that does not exempt the second Yevamah, because Ma'amar may not be a valid Kinyan.
The Rabanan prohibit "Eshes Achiv she'Lo Hayah b'Olamo" even if the third brother is born after the second brother did Yibum, because they derive from a verse that even after the Yibum she is still called a Yevamah.
A BIT MORE
1. Tana Kama: Yibum may not be done with either Yevamah because of the prohibition of a relative of a Zekukah. Rebbi Shimon: We derive from a verse that when two relatives fall to Yibum to the same brother the Mitzvah of Yibum or Chalitzah does not apply.
2. Rebbi: Ma'amar should be derived from Yibum. Just as Yibum works against the will of the Yevamah, Ma'amar may be done against her will as well. Rabanan: Ma'amar should be derived from Kidushin. Just as Kidushin works only with the woman's consent, Ma'amar may be done only with the Yevamah's consent.
3. Rebbi Shimon: There is a doubt about whether Ma'amar is a valid Kinyan or not. If it is a valid Kinyan, then this is a case in which a third brother is born after the Yibum of a second brother and thus it is regarded as two wives falling to Yibum from the same person, and the Halachah would be that he may do Yibum with either one of the two wives, and the other wife is free to remarry without anything. However, if Ma'amar is not a valid Kinyan, it has no significance at all and it would not be regarded even as a partial Kinyan, and thus it is a case of two Yevamos falling from two separate brothers. The first Yevamah is prohibited because of "Eshes Achiv she'Lo Hayah b'Olamo," and the second Yevamah is permitted to do Yibum. Due to this doubt of Rebbi Shimon regarding Ma'amar, the Halachah is that he does either Yibum or Chalitzah with the second Yevamah, and the first Yevamah is free to remarry. Rabanan: Ma'amar is regarded as a partial Kinyan, and therefore no Yibum is allowed because one of the two Yevamos is "Eshes Achiv she'Lo Hayah b'Olamo." Therefore, he should do Chalitzah to both of them.
A SIMULTANEOUS ZIKAH
The Gemara says that Rebbi Shimon follows the view of Rebbi Yosi ha'Glili that it is possible for two things to happen simultaneously. Therefore, it is possible for two Yevamos from two different brothers to fall to Yibum simultaneously. The Keren Orah asks that even if Rebbi Shimon does not agree with Rebbi Yosi ha'Glili, it is still possible for two Yevamos from two different brothers to fall to Yibum simultaneously, such as when the Yavam is a Katan at the time the brother died. In such a case, the Yevamos would fall to him simultaneously at the moment that he becomes a Gadol. The Keren Orah answers that although a Katan may not do Yibum, according to some opinions his Zikah is tantamount to a marriage since the Yevamah is not free to remarry because of his presence. Therefore, it is regarded as though the Yevamah falls to him while he is a Katan, and thus the two Yevamos are not falling to him simultaneously.
THE MITZVAH OF MA'AMAR
Ma'amar may be done only with the consent of the Yevamah. In the case of a Ketanah who was widowed from Eirusin, it requires the consent of her father. (Shulchan Aruch EH 166:3)
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