Yevamos - Daf 18
- Rebbe Meir holds there is no zikah, and אסור לבטל מצות יבמין
After Rabbah clarifies that a Baraisa reflects the opinion of Rebbe Meir, who holds there is no zikah, Abaye challenged this, based on a Mishnah that Rebbe Meir himself taught, that states: If there were four brothers, two of whom married two sisters, and those that married the sisters died childless, so that their widows fell to the remaining brothers, the widows require chalitzah and may not do yibum. Rashi explains that this is because each one is אחות זקוקתו – the sister of his zekukah. (The concept of אחות זקוקתו is predicated on the idea that there is a zikah-bond). Now if there is no zikah, then הני מתרי בתי קאתיין – these widows come from two different households, and since each one is a widow of a different brother, let one brother do yibum to one widow, and let the other brother do yibum to the other? Rabbah answered that Rebbe Meir holds that there is no zikah, and the reason for his ruling in this Mishnah is because he holds אסור לבטל מצות יבמין – it is forbidden to be mevatel the mitzvah of yibum. If yibum was permitted, then perhaps after one brother does yibum, the other one will die, and he will not be able to do yibum or chalitzah to the other widow, because she is an ervah to him being that she is the sister of his yevamah. Therefore, Rebbe Meir prohibits either brother from doing yibum, and requires them to do chalitzah.
- Machlokes when the third brother is born after the second brother did yibum
The next Mishnah discusses another case of אשת אחיו שלא היה בעולמו, where the third brother was born after the second brother did yibum to the first brother’s wife. The Tanna Kamma holds that if the second brother dies, the third brother may not do yibum or chalitzah to either the yevamah or her tzarah because the yevamah has the status of אשת אחיו שלא היה בעולמו, and her tzarah is the tzarah of an ervah. Rebbe Shimon says he may do yibum or chalitzah to either one. Rashi explains that Rebbe Shimon holds that since the yevamah became the wife of the second brother before the third brother was born, she never fell to yibum to the third brother from his first brother. Therefore, she is not an ervah to him, and he may do yibum or chalitzah to either her or her tzarah.
- Rebbe Shimon holds יש זיקה וזיקה ככנוסה דמי
Rebbe Oshaya says חלוק היה רבי שמעון אף בראשונה – Rebbe Shimon also disagrees with the first Mishnah in the perek and holds that even if the third brother was born before the second brother did yibum, if the second brother dies childless after doing yibum with the yevamah, the third brother may take her since she is not considered אשת אחיו שלא היה בעולמו. The Gemara explains קסבר יש זיקה וזיקה ככנוסה דמיא – that Rebbe Shimon holds there is zikah between every yavam and yevamah, and he also holds that a woman bound to a man in zikah is considered like a full wife. Rashi explains that even though the third brother is born before the yibum, since the yevamah is considered like the yavam’s wife, it is as though he was born after the second brother took her in yibum. The Gemara continues with a lengthy analysis of Rebbe Oshaya’s position, and on the next Daf will successfully refute it.
