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YEVAMOS 26

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YEVAMOS 26 - Dedicated in honor of the Yahrzeit of Reb Naftali ben Reb Menachem Mendel (Tuli Bodner) Z"L, whose Yahrzeit is 5 Cheshvan. Tuli was an Ish Chesed and Ish Ma'aseh radiating joy and Ahavas Yisrael which knew no bounds. Dedicated by his son Mordechai Bodner of Givat Mordechai, Yerushalayim.
 
12th CYCLE DEDICATIONS
 
YEVAMOS 26 (12 Sivan) - Dedicated by Rabbi and Mrs. Mordecai Kornfeld in honor of the Bar Mitzvah of their son, Yisrael Kornfeld

SUMMARY

If the wife of the Chacham, or the wife of the agent who brought a Get, dies afterwards, the woman is permitted to him. If he divorced his wife afterwards, the divorcee would be permitted to him under certain circumstances. (1)
 
If the woman who received the Get from an agent, or was permitted to remarry on the basis of a witness' testimony that her husband died, married someone else in the interim, once her husband dies or divorces her she is permitted to the man who brought the Get or who testified on her behalf.
 
A woman who was widowed twice is no longer allowed to remarry.
 
A woman who received the Get from an agent or was permitted to remarry on the basis of a witness' testimony is permitted to marry the close relatives of the agent or of the witness.
 
The woman who is prohibited to marry the Chacham or the agent may marry the son or brother of the Chacham or agent. However, if a man has an out-of-wedlock relationship with a woman, he is prohibited to her mother, daughter, and sister. (2)
 
Two out of four brothers are married to two sisters, and those two brothers die without children. The two surviving brothers do Chalitzah but not Yibum. (3)
 
Even according to the opinion of "Ein Zikah," if two sisters fall to one or two brothers, it is prohibited to do Yibum because of the possibility of the cancellation of the Mitzvah of Yibum. (4)
 
If two sisters fall to three surviving brothers, according to the opinion of "Ein Zikah" the brothers are permitted to do Yibum because we are not concerned with the possibility of the cancellation of the Mitzvah of Yibum, since it is not likely that after one brother does Yibum, both of the other two brothers will die.
 
Rav says that if three sisters fall to Yibum to two brothers at different times, each brother must do Chalitzah to one of the sisters, and the third sister requires Chalitzah from both brothers. (5)
 
If three sisters fall to Yibum to two brothers at the same time, both brothers must do Chalitzah to the three sisters, according to the opinion that maintains "Yesh Zikah."
 
Shmuel says that the same brother may do Chalitzah to all three sisters.

A BIT MORE

1. If the marital conflict predated this incident, or if his wife was the instigator of the conflict, the woman would be permitted to him after the divorce.
 
2. This is because of the concern that after he marries the relative, he will continue his previous relationship, and they will be liable for Kares. However, the woman who is prohibited to marry the Chacham or agent may marry the son or brother of the Chacham or agent, because there is no concern that she will have a relationship with the Chacham after her marriage, since her husband will keep an eye on her, or because men do not usually visit their relatives.
 
3. If one of the surviving brothers is an Ervah to one of the sisters, he may do Yibum with the other sister.
 
4. If there is only one surviving brother, there is certainly a cancellation of the Mitzvah of Yibum if he does Yibum with one sister prior to doing Chalitzah with the other. If there are two surviving brothers, it is also possible that there will be a cancellation of the Mitzvah of Yibum, in the event that one brother does Yibum with one of the sisters and the other brother dies before he has a chance to do Yibum. In that case, the Mitzvah of Yibum no longer applies to the second sister, since she has now become an Ervah to the surviving brother.
 
5. According to the opinion that maintains "Yesh Zikah," the Zikah is very strong and thus the Yevamah falls to both brothers. It is prohibited to do Yibum with the third sister, since she is the sister of a Chalutzah who is prohibited. Hence, the Chalitzah is a second rate Chalitzah and she requires Chalitzah from both brothers.

BRIEF INSIGHT

A WOMAN WHO IS TWICE DIVORCED
 
The Gemara says that if a woman becomes is widowed twice, she is no longer allowed to remarry. Rashi says that the same is true if she was divorced twice. However, Tosfos says that it does not apply to a woman who was divorced, but only to a woman who was widowed. The Ritva explains that we are concerned that a woman who was widowed twice might have been the cause of her husbands' deaths, either because of her bad Mazal or for a physical reason. That concern does not apply to a divorcee, since a woman cannot divorce her husband; only the husband has the power to divorce her, and thus she played no role and is not at fault for her divorces.

QUICK HALACHAH

A WOMAN WHO IS TWICE WIDOWED
 
If a woman is widowed twice, she is no longer allowed to remarry, because there is a Chazakah that her husbands die. However, if she does marry a third time, they do not have to get divorced. Even if they only did Eirusin, they may get married. If the third husband was aware of her status, she receives the money of the Kesuvah; if he was not aware, she does not receive the money of the Kesuvah. However, from her second husband she does receive the Kesuvah.
 
Some opinions maintain that the prohibition against marrying a third time applies only if her husbands died natural deaths. Therefore, many Poskim are lenient in this regard. Some say that the prohibition also applies to a woman who divorces twice while some Poskim disagree. The Halachah follows the second opinion. If a man becomes a widower twice, he may marry a third time. (Shulchan Aruch EH 9:1-2)

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