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YOMA 109
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Rebbi Eliezer: If a man remarries his wife after divorcing her and then he dies with no children, she must do Chalitzah but not Yibum. (1)
Abaye says that the reason of Rebbi Eliezer is that people might not know that he remarried her. (2)
Rava says that the reason of Rebbi Eliezer is a Gezeirah. (3)
If a man divorces a Ketanah who was married off by her father and then he remarries her, she is forbidden to the Yavam. (4)
The Tzarah of a woman who remarried her husband after her divorce may do Yibum, even according to Rebbi Eliezer.
If two brothers are married to two sisters who are Ketanos and one brother dies, the Yevamah is exempt from Chalitzah. (5)
If one sister is a Gedolah and the other sister is a Ketanah, and the husband of the Gedolah dies, according to Rebbi Eliezer we encourage the Ketanah to do Mi'un. (6)
Chalitzah, peacefulness, and annulling vows are encouraged, while Mi'un, cosigning, and guarding objects are discouraged.
Aba Shaul: If a man does Yibum for ulterior motives, it is as if he marries an Ervah, and the child is close to being a Mamzer.
Rebbi Nasan: When someone vows, it is as if he builds an altar.
When one keeps a vow without having it annulled, it is as if he brings a Korban on an altar.
Mi'un is discouraged, because perhaps when she gets older she will regret it.
Guarding objects is discouraged, because perhaps the owner will make a claim on the object even though the guardian returned it.
Cosigning is discouraged in a situation in which the lender may collect from the cosigner without first attempting to collect from the borrower.
Gerim are bad for Klal Yisrael like Tzara'as.
One who says that he only has Torah does not even have Torah, because if a person does not fulfill the Torah, his learning is worthless.
A judge should approach judgments with such seriousness that he should consider as though a sword is pointed at him and Gehinom is opened up underneath him.
According to Raban Gamliel, when the Yavam has Bi'ah with the younger sister after she becomes a Gedolah, the Zikah dissipates. (7)


1. Rebbi Eliezer is in doubt about whether the original Nisu'in causes her to fall to Yibum, or whether the death of her husband causes her to fall to Yibum. If it is the original Nisu'in which causes her to fall to Yibum, then she remains forbidden to the Yavam, since she was forbidden at one time to him as Gerushas Achiv (the divorced wife of his brother).
2. People might think that she is still divorced, and that the Yavam is marrying the divorced wife of his brother (Gerushas Achiv), for which he is Chayav Kares.
3. The Gezeirah is that perhaps they will also do Yibum in a case in which the Yevamah is a Ketanah who was married off by her father, and she remarried her husband after he divorced her. In that case, the divorce was valid mid'Oraisa but the remarriage was valid only mid'Rabanan.
4. However, if he remarries her after she becomes a Gedolah, or if she becomes a Gedolah before he dies, she is permitted to do Yibum, according to the Chachamim.
5. If two brothers are married to two sisters and one sister is a Gedolah and the other sister is a Ketanah, and the husband of the Ketanah dies, she is exempt from Chalitzah.
6. Once she does Mi'un, the Yavam may do Yibum with the Gedolah. Raban Gamliel: We do not encourage the Ketanah to do Mi'un, and the Yavam may keep the Ketanah until she becomes a Gedolah, at which point the Zikah of the Ketanah will dissipate. Raban Gamliel maintains "Ein Zikah" and, therefore, he allows the Yavam to stay with the Ketanah even though the Gedolah fell to him for Yibum. Rebbi Yehoshua: We do not encourage Mi'un, but rather he must divorce the Ketanah and do Chalitzah with the Gedolah. Rebbi Yehoshua maintains "Yesh Zikah," and thus the husband is not allowed to stay with the Ketanah.
7. Raban Gamliel maintains that one who is Mekadesh the sister of the Yevamah causes the Zikah of the Yevamah to fall away.

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