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YEVAMOS 29

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YEVAMOS 29 - Dedicated l'Iluy Nishmas Reb Naftali ben Reb Menachem Mendel Bodner Z"L by his wife, Alice Bodner. A man who loved Chesed, Tuli Bodner applied his many talents to help everyone he knew in any way he could. His cheerful greeting is warmly remembered by all who knew him. He was Niftar on 5 Cheshvan 5765; Yehi Zichro Baruch.

SUMMARY

Two brothers are married to two relatives, and one of them is an Isur Mitzvah to the surviving brother. He may do Chalitzah but not Yibum, according to both Rebbi Shimon and the Rabanan. (1)
 
Although, according to Rebbi Shimon, the Rabanan decreed that Yibum is required, in this case of Isur Mitzvah they do not make a decree to require Chalitzah of an Isur Ervah, because everyone knows that Chalitzah does not apply to an Ervah.
 
Two brothers are married to two sisters. If one of the brothers dies and a single brother does Ma'amar with the Yevamah and subsequently the second brother dies, Beis Shamai and Beis Hillel disagree about whether he may do Yibum with the Yevamah with whom he did Ma'amar. (2)
 
Rebbi Elazar says that Ma'amar, according to Beis Shamai, is not completely like a marriage. Therefore, if he wants to divorce the Yevamah following a Ma'amar, a Get alone is not sufficient and he must do Chalitzah as well. (3)
 
Only a permitted Ma'amar is a complete Kinyan, according to Beis Shamai. (4)
 
If a wife who is an Arusah dies, the husband does not become an Onen. If he is a Kohen, he may not become Tamei to her, and he does not inherit her property. (5)
 
According to Beis Shamai, once a Yavam does Ma'amar with his Yevamah, the Zikah of Yibum dissolves and is replaced with a regular Zikah of Eirusin.
 
Rebbi Eliezer: If a Yevamah makes a vow, the Yavam may annul it. Rebbi Yehoshua: Only if there is only one Yavam may he annul the Neder. Rebbi Akiva: The Yavam may not annul the vow under any circumstances.
 
If a Na'arah who is an Arusah makes a vow, her Arus may annul the vow in partnership with her father.
 
If the Yavam was taken to Beis Din because he was delaying the Mitzvah of Yibum, and the Beis Din decided that the Yavam must start supporting the Yevamah, all of the subsequent vows that are made by the Yevamah are conditional on the approval of the Yavam, and therefore he may annul the vows, according to Rebbi Eliezer.

A BIT MORE

1. Even though Rebbi Shimon maintains that when two relatives fall to Yibum together from two brothers, the Mitzvah of Chalitzah does not apply, the Rabanan decreed that Yibum is required in this case so that it not be confused with a normal case of Isur Mitzvah that requires Chalitzah.
 
2. Beis Shamai: Ma'amar is tantamount to a marriage, and therefore he may keep the Yevamah with whom he did Ma'amar, and the other Yevamah may remarry without Chalitzah. Beis Hillel: He must give a Get and do Chalitzah with the one with whom he did Ma'amar, and he does Chalitzah with the other sister.
 
3. According to Beis Shamai, the Ma'amar accomplishes only that it allows the Yavam to marry the Yevamah, even though a sister also fell to Yibum.
 
4. A permitted Ma'amar is a Ma'amar done to a Yevamah with whom one is also permitted to do Yibum. If one is prohibited to do Yibum to the Yevamah, the Ma'amar is not tantamount to a marriage.
 
5. If the husband of an Arusah dies, she does not become an Onen, and she does not have a Mitzvah to become Tamei to him, but she does receive her Kesuvah if the husband had already written one for her.

BRIEF INSIGHT

KIDUSHIN OF ISUREI BI'AH
 
The Gemara asks that if Beis Shamai maintains that Ma'amar is a complete Kinyan, then when two sisters fall from two brothers, the surviving brother should do Ma'amar to one of the sisters and that will annul the Zikah from the second sister and allow him to do Yibum with the first. The Keren Orah asks that the Gemara in Kidushin implies that anytime the Torah prohibits relations with a certain person, there is also an Isur to do Kidushin with her. Accordingly, it should not be permitted to do Ma'amar with the first sister since she is prohibited as the sister of the Zekukah, and therefore the Ma'amar should also be forbidden. The Keren Orah answers that the Isur to perform Kidushin with a prohibited woman is only a small Isur, and the Rabanan should permit this Isur for the purpose of doing Yibum.

QUICK HALACHAH

TWO BROTHERS MARRIED TO TWO SISTERS
 
Two of three brothers are married to two sisters, and one of those two brothers dies. Subsequently, the other married brother dies as well, and the second sister also falls to the third brother for Yibum. Both sisters are prohibited to him because they are Tzaros to each other with Zikah, and the brother must do Chalitzah, not Yibum. If he does Ma'amar to the first sister before the second brother dies, and then the second sister also falls to him, he must give a Get and Chalitzah to the first sister, and Chalitzah to the second sister. (Shulchan Aruch EH 175:6 )

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