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YEVAMOS 27

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12th CYCLE DEDICATIONS
 
YEVAMOS 27 - Dedicated by Andy and Nancy Neff in honor of the Bar Mitzvah of their son, Philip Moshe (Ephraim Moshe ben Avraham Yosef) Neff, which was celebrated recently at the Kotel ha'Ma'aravi.

SUMMARY

Shmuel says that if two sisters fall to two brothers, the act of Chalitzah that is done with the sisters does not free the Tzaros to remarry. However, Chalitzah done with the Tzaros does free the sisters to remarry.
 
Shmuel says that if one of the brothers gives a Get or does Ma'amar to the Yevamah, the Chalitzah of the Yevamah will not free the Tzaros to remarry. However, the Chalitzah of the Tzarah does free the Yevamah to remarry.
 
The Tzarah of the relative of a Chalutzah is prohibited. (1)
 
Rav Ashi says that even according to the opinion that maintains "Yesh Zikah," the Zikah is not strong enough to make the Tzarah into an Ervah.
 
Rav Nachman bar Yitzchak says that the Chachamim re-instituted the decree of Rebbi Yochanan ben Nuri that a Tzaras Ervah requires Chalitzah.
 
If a Yevamah received a Get from the Yavam, and her Tzarah did Ma'amar with the Yavam, they are considered equal and the Yavam may do Chalitzah with either one of them.
 
Raban Gamliel agrees that if a Yavam gives a Get to the Yevamah and also does Ma'amar with the Tzarah, both the Get and the Ma'amar are valid. (2)
 
Rav: If two sisters fall to Yibum and one of them dies, the brother is permitted to do Yibum with the surviving sister. Rebbi Yochanan: Only if the second sister dies is it permitted to do Yibum with the first sister, but not vice versa. (3)
 
Rav maintains that the dictum, "Anytime the Mitzvah of Yibum does not apply immediately upon the death of the brother, it will not apply later on," applies only when the Yevamah is an Ervah and is prohibited by the Torah. When she is prohibited only mid'Rabanan because of Zikah, it does not apply.

A BIT MORE

1. This is true even if the relative of a Chalutzah was married to someone other than the brother.
 
2. Although Raban Gamliel maintains that if a Yavam gives a Get to the Yevamah and the same Yavam also gives a Get to the Tzarah, the second Get has no validity, he agrees that if the Yavam gives a Get and then does Ma'amar, both are valid.
 
3. This is because anytime the Mitzvah of Yibum does not apply immediately upon the death of the brother, it will not apply later on even if the circumstances change.

BRIEF INSIGHT

MA'AMAR AFTER A GET
 
The Gemara says that if a Get is more preferred than Ma'amar, then a Ma'amar that is done after a Get is given should not be valid. Tosfos asks that even after Chalitzah, if the Yavam does Kidushin it is valid, so certainly after a Get a Ma'amar should be valid. Tosfos answers that Kidushin is different; Kidushin is mid'Oraisa while Ma'amar is mid'Rabanan, and therefore a Ma'amar does not work after a Get, if the Get is preferred. The Ri gives a different answer: This Beraisa of Raban Gamliel follows the view of Rebbi Akiva, who maintains that a Kidushin after a Chalitzah is not valid, and, similarly, a Kidushin after a Get would not be valid if a Get is preferred.

QUICK HALACHAH

THE SISTER OF A CHALUTZAH
 
The sister of a Chalutzah is prohibited mid'Rabanan. Therefore, if she falls to Yibum, the Yavam does Chalitzah, not Yibum. The Tzarah is prohibited mid'Rabanan as well, and she does Chalitzah, not Yibum. (Shulchan Aruch EH 174:3)

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