(Mishnah): If one divorced his wife and remarried her, she may do Yibum when he dies;
R. Elazar forbids.
Similarly, if one divorced an orphaned minor and remarried her, she may do Yibum;
R. Elazar forbids.
If a father married off his minor daughter and she was divorced, she is like an orphan in the life of her father. If her ex-husband remarries her, all agree that she may not do Yibum.
(Gemara) Question: What is R. Elazar's reason?
Answer #1 (Eifa): Because she was once forbidden to the Yavam (when she was divorced, she is always forbidden).
Objection (Rabanan): If so, Chalitzah should not be required!
Suggestion: Perhaps this is true!
Rejection (Beraisa - R. Elazar): She does Chalitzah.
Retraction (Eifah): I was wrong. I do not know his reason.
Answer #2 (Abaye): R. Elazar is unsure whether death is Mapil (makes her fall to Yibum), or the beginning of the marriage is Mapil;
If death is Mapil, she may do Yibum (at the time there is no Isur);
If the beginning of the marriage is Mapil, Yibum is forbidden (for she was forbidden beforehand).
Answer #3 (Rava): Really, R. Elazar is sure that death is Mapil. Rather, everyone knows about the divorce, but not everyone knows that he remarried her. (If she did Yibum, people would think that she merely marries the brother of her ex-husband, which is forbidden.)
Question: To the contrary! When he remarries her, there is publicity!
Answer: Perhaps he will remarry her at night and die the next morning.
Answer #4 (Rav Ashi): R. Elazar decrees in the first two cases of the Mishnah lest she be confused with an 'orphan in the life of her father'.
Support (Seifa): If a father married off his daughter as a minor, and she was divorced, she is like an orphan in the life of her father. If he remarries her, all agree that she may not do Yibum.
Question: This is obvious! (Mid'Oraisa she was divorced and did not remarry him!)
Answer: Rather, the Seifa was taught solely to teach that this is why R. Elazar forbids in the Reisha.
Support (Beraisa): Chachamim admit to R. Elazar about a minor who was married off by her father and divorced. She is like an orphan in the life of her father. If he remarries her she cannot do Yibum, because her divorce is a full divorce, but her remarriage is not full marriage;
This is when he divorced and remarried her when she was a minor. If he divorced her when she was a minor and remarried her when she was an adult, or remarried her when she was a minor and she matured before he died, she does Yibum or Chalitzah;
R. Elazar says, she must do Chalitzah.
Question (Rava): What is the law of her Tzarah?
Answer (Rav Nachman): She is forbidden to do Yibum only due to a decree. Will we decree to forbid the Tzarah lest one transgress a decree?!
Question (Beraisa - R. Elazar): She and her Tzarah do Chalitzah.
Objection: Surely, we do not require that both do Chalitzah!
Correction: Rather, she or her Tzarah does Chalitzah.
Answer: Since the Beraisa must be amended, we can amend it thusly: she may do only Chalitzah; her Tzarah may do Chalitzah or Yibum.
ZIKAH OF A GIRL MARRIED MID'RABANAN
(Mishnah): Two brothers were married to two sisters who are (orphaned) minors; one brother died. His wife is exempt from Yibum and Chalitzah due to her sister. (The same applies if the sisters are deaf - the Gra deletes this from the text.)
If one sister is an adult and the other a minor:
If the minor's husband died, she is exempt from Yibum and Chalitzah because she is Achos Ishto to the Yavam;
If the adult's husband died:
R. Eliezer says, we counsel the minor to do Mi'un (and her sister does Yibum);
R. Gamliel says, if she does Mi'un on her own, fine. If not, she waits (to have Bi'ah) until she grows up, and then her older sister is exempt from Yibum and Chalitzah;
R. Yehoshua says, woe to him for his wife, woe to him for his brother's wife! He divorces his wife, and does Chalitzah to his Yevamah.
THINGS TO EMBRACE AND AVOID
(Gemara) Question: We do not encourage Mi'un!
(Bar Kapara): A person should always cling to three things - Chalitzah, bringing Shalom, and permitting vows;
One should distance himself from three things - Mi'un, deposits, and being a guarantor.
Answer: For a Mitzvah, one may encourage Mi'un.
Bar Kapara taught that a person should always cling to Chalitzah. This is like Aba Sha'ul:
(Beraisa - Aba Sha'ul): If one does Yibum because the Yevamah is attractive, or to be married, or for another reason, it is as if he has Bi'ah with Ervah. I consider the child to be almost a Mamzer.
One should cling to bringing Shalom - "Seek Shalom and pursue it";
(R. Avahu): We learn a Gezeirah Shavah 'Rodef-Rodef'. It says here "Bakesh Shalom v'Rodfehu", and it says "Rodef Tzedakah v'Chesed Yimtza Chayim Tzedakah v'Chavod."
One should cling to permitting vows, like R. Noson taught:
(R. Noson): One who vows is like one who builds a private Mizbe'ach (when this is forbidden). If he fulfills his vow, it is as if he offered a Korban on his private Mizbe'ach,
One should avoid Mi'un, lest she regret it when she grows up;
One should avoid deposits from one who lives in the same city, for the depositor is often in the Shomer's house (perhaps he will take back his deposit, and later claim it from him).
One should avoid being a guarantor, like guarantors of Shaltziyon:
(R. Yitzchak): "Ra Yero'a Ki Arev Zar" - evil after evil will come upon those that accept converts, guarantors of Shaltziyon, and Toke'a Atzmo li'Dvar`Halachah (this will be explained).
One who accepts converts is liable, like R. Chelbo taught;
(R. Chelbo): Converts are like problematic for Yisrael like Tzara'as in the skin.
Guarantors of Shaltziyon suffer, for the lender bypasses the borrower and claims immediately from the guarantor.
The following teaches about Toke'a Atzmo li'Dvar Halachah.
Explanation #1 (Beraisa - R. Yosi): If one says that he does not have Torah, he does not have Torah.
Objection: This is obvious!
Correction: Rather, anyone who says that he has only Torah, has only Torah.
Objection: Also this is obvious!
Answer #1: Rather, he does not have even Torah;
(Rav Papa): "You will learn and you will do" - only one who fulfills Torah can learn it.
Answer #2: Really, he has only Torah. R. Yosi teaches about one who teaches others, and they fulfill what they learn from him;
One might have thought that he gets reward for this. R. Yosi teaches that he does not.
Explanation #2: Toke'a Atzmo li'Dvar Halachah refers to a judge presiding over a case that slightly resembles a Halachah he has learned (and he applies the law here). Even though he has a Rebbi, he does not ask him;
(Rav Shmuel bar Nachmani): A judge should view himself as if a sword is between his thighs, and Gehenom is open beneath him. "Shishim Giborim ... mi'Pachad ba'Lailos" - the judges fear Gehenom, which is like night.
ONE WHO WAS MARRIED MID'RABANAN TO HIS YEVAMAH'S SISTER
(Mishnah - R. Gamliel): If she does Mi'un (if not, she waits until she grows up, and then her older sister is exempt).
Question (R. Elazar): What is R. Gamliel's reason?
Does he hold that Kidushin of a minor is tentative, and when she matures, her Kidushin matures (retroactively becomes mid'Oraisa) with her, even without Bi'ah (so her sister never fell to Yibum)?
Or, does he hold that (now, a new act of) Kidushin of his Yevamah's sister exempts his Yevamah from Yibum and Chalitzah?
This happens only through Bi'ah with his wife when she is an adult.
Answer (Rav): He holds that Kidushin of Achos Yevimto Yevamah exempts his Yevamah. This is only through Bi'ah after she matures.
Objection (Rav Sheshes): Rav must have been dozing when he said that!
(Beraisa): If one is Mekadesh a minor, the Kidushin is tentative.
Suggestion: This means that when she grows up, it becomes mid'Oraisa even without Bi'ah.
Answer (Ravin brei d'Rav Nachman): No, the Kidushin is tentative: it becomes mid'Oraisa only if they have Bi'ah after she matures;
She says, he has power over me (he can divorce me against my will), and I have power over him (I can do Mi'un against his will. Therefore, it is considered Safek Kidushin - Rashi. Ra'avad (brought in Sefer ha'Zechus) - Rav Sheshes accepted the answer, and said 'I used to think that I am better (wiser) than he (Ravin), but I see that he is (able to explain the Beraisa) better than I'.)