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YEVAMOS 96

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SUMMARY

Rav Hamnuna: A Shomeres Yavam who is Mezanah is forbidden to the Yavam.
 
Rav: The Kidushin of a Shomeres Yavam to someone other than the Yavam is not valid. Shmuel: The Kidushin is valid.
 
A man's wife is reported to have died, and he marries her sister from her father. That second wife then dies, and he marries her sister from her mother. That third wife dies, and he marries her sister from her father. That fourth wife dies, and he marries her sister from her mother. It is then discovered that all of the women are still alive. He is permitted to the first, third, and fifth wives. (1)
 
If he had relations with the second wife after the death of the first wife, he is permitted to the second and fourth wives.
 
If a nine-year-old Yavam does Bi'ah with the Yevamah, she becomes forbidden to the other brothers.
 
If one of the brothers does Bi'ah or Ma'amar after the nine-year-old Yavam did Bi'ah, she becomes forbidden to the nine-year-old.
 
If a Yavam does Ma'amar and his nine-year-old brother does Bi'ah with her, she becomes forbidden to the Yavam.
 
If a nine-year-old Yavam does Ma'amar or gives a Get to the Yevamah, she becomes forbidden to the brothers.
 
The Chalitzah of a nine-year-old Yavam is effective, like a Get given by a brother who is a Gadol.
 
The Get of a Katan is not as effective as a Get of a Gadol. (2)
 
If one nine-year-old Yavam does Bi'ah with the Yevamah and then another nine-year-old does Bi'ah, she is Pasul to both of them. Rebbi Shimon argues. (3)
 
If a nine-year-old Yavam does Bi'ah with the Yevamah and subsequently he does Bi'ah with the Tzarah, both Yevamos are Pesulah to him. Rebbi Shimon argues. (4)
 
If a nine-year-old Yavam does Bi'ah with his Yevamah and then he dies, the brother must do Chalitzah, but not Yibum.
 
If a nine-year-old gets married and subsequently dies, no Chalitzah is necessary.
 
If a nine-year-old Yavam does Yibum and he marries another wife when he becomes a Gadol, if he dies without children the first wife does Chalitzah and the second wife may do Yibum. (5)
 
The Isur of Zikah from two Yevamim applies even when there is no Tzarah.
 
If a Shoteh or a Katan gets married and subsequently dies, his wives are exempt from Chalitzah and Yibum.
 
The Tana'im disagree about whether the Tzarah of Zikas Shtei Yevamim is exempt from Chalitzah.
 
Yehoshua bin Nun sat and expounded the Torah, and everyone knew that his words were the words of Moshe Rabeinu.

A BIT MORE

1. The first, third, and fifth wives are unrelated to each other, and therefore he is permitted to them. He is forbidden to the second and fourth wives. He is forbidden the second wife because she is related to the first wife, and he is forbidden the fourth wife because she is related to the third wife.
 
2. According to Raban Gamliel, who says that a Get after a Get is not valid, that is true only for a Get of a Gadol after a Get of a Gadol, or a Get of a Katan after a Get of a Katan. A Get of a Gadol after a Get of a Katan is valid. According to the Rabanan, who say that a Get after a Get is valid, that is true only for a Get of a Gadol after a Get of a Gadol, or a Get of a Katan after a Get of a Katan, but a Get of a Katan after a Get of a Gadol is not valid.
 
3. Rebbi Shimon maintains that she is permitted to the first brother. The logic of Rebbi Shimon is that there is a doubt about whether the Bi'ah of a nine-year-old is a valid Yibum, or whether it is of no significance at all. If it is a valid Yibum, then the Bi'ah of the second brother is nothing. If it is of no significance at all, then neither Bi'ah is significant.
 
4. Ben Azai argues with the Mishnah and maintains that one Ma'amar after another with two Yevamim and one Yevamah is valid, but not with one Yavam and two Yevamos. Therefore, according to Ben Azai, if a nine-year-old Yavam does Bi'ah with the Yevamah and subsequently he does Bi'ah with the Tzarah, he is permitted to the first Yevamah.
 
5. Rebbi Shimon: After he dies, the brother may do Yibum to either one of the two wives, and he must do Chalitzah to the other. Tana Kama: The first wife is forbidden because of the Isur of Zikah from two Yevamim. Rebbi Shimon maintains that there is no Isur of Zikah from two Yevamim.

BRIEF INSIGHT

A KATAN'S WIFE WHO IS MEZANAH
 
The Mishnah says that if one nine-year-old Yavam does Bi'ah with the Yevamah and then another nine-year-old does Bi'ah, she is Pasul to both of them. According to Rebbi Shimon, she is permitted to the first brother. Rashi says that she is permitted to the first brother only if the Bi'ah of the second brother was b'Shogeg, but if the Bi'ah was b'Meizid she would be Chayav Misah. The Tosfos Yeshanim says that she would not be Chayav Misah, because the Gemara elsewhere derives from a verse that a Katan's wife who is Mezanah is not Chayav Misah. However, he gives a different reason for why it must be that she was Mezanah b'Shogeg: if she was Mezanah b'Mezid, although she would not be Chayav Misah, she would be forbidden to her husband even though he is a Katan.

QUICK HALACHAH

THE BI'AH OF A NINE-YEAR-OLD
 
The Bi'ah of a Katan less than nine years old is nothing. From the age of nine and up (until adulthood), his Bi'ah with the Yevamah is equivalent to the Ma'amar of a Gadol. However, he cannot be Koneh with Bi'ah a woman who is not his Yevamah. Therefore, if he marries a woman and subsequently dies, his wife is exempt from Chalitzah and Yibum. (Shulchan Aruch EH 167:1)
 
Although a Katan's Bi'ah with the Yevamah is equivalent only to the Ma'amar of a Gadol, he merits inheriting the property of his deceased brother. (Beis Shmuel)

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