Yevamos - Daf 19
- Rebbe Shimon holds that two sisters can fall to yibum at exactly the same time
Rav Oshaya challenged Rebbe Oshaya’s interpretation of Rebbe Shimon, that זיקה ככנוסה דמיא – a zikah is equivalent to making the yevamah the yavam’s full-fledged wife, based on the following Mishnah, which states: There were three brothers, two of whom married two sisters, or a woman and her daughter, or one of her granddaughters, and the two married brothers died childless, leaving their widows to the third brother for yibum, they do chalitzah and not yibum, but Rebbe Shimon exempts them even from chalitzah. Now, if Rebbe Shimon holds זיקה ככנוסה דמיא – that a zikah makes the yevamah like a full-fledged wife, then let the third brother perform yibum with the one who was widowed first, and then the other one should be exempt from yibum and chalitzah, since her sister is already somewhat married to the yavam? After several solutions to this challenge are rejected, Rav Ashi answers, אי דנפיל בזה אחר זה הכי נמי – if the two sisters fell to yibum one after the next, that would be the case that the first widow would be permitted to yibum, but the case here is דנפול בבת אחת – where they fell to the third brother at the exact same moment, and Rebbe Shimon holds like Rebbe Yose HaGlili, who says, אפשר לצמצם – it is possible to be exact.
- Machlokes Rebbe and the Chochomim if maamar can be done without the yevamah’s consent
It was taught in a Baraisa: העושה מאמר ביבמתו שלא מדעתה – If one performed maamar with a yevamah without her consent, Rebbe says: קנה – he has acquired her as his wife, but the Chochomim say that he has not. The Gemara explains that Rebbe’s reason is that גמר מביאה דיבמה – he derives the laws of maamar from the law of relations with a yevamah. Just as a yavam’s relations with a yevamah makes her his yevamah against her will, אף קידושין דיבמה – so too the kiddushin of a yevamah, meaning maamer, makes her his yevamah against her will. But the Rabbanon hold, גמרי מקדושין דעלמא – we derive it from kiddushin in general. מה קדושין דעלמא מדעתא – Just as kiddushin in general is done with her consent, so too maamar must be done with her consent. The Gemara further clarifies that Rebbe holds that we should learn מילי דיבמה ממילי דיבמה – matters related to a yevamah, such as maamar, from matters related to a yevamah, such as doing yibum. But the Rabbanon hold that we should learn מילי דקדושין ממילי דקדושין – matters relating to kiddushin from matters relating to kiddushin, and maamar is a matter of kiddushin.
- The Chochomim understand that a woman taken in yibum, always has the status of a yevamah
When Rav Menasheh bar Zevid asked Rav Huna what was Rebbe Shimon’s reason for permitting the third brother born after yibum to the first brother’s yevamah, the Gemara expresses surprise to the question since it was stated specifically in an earlier Baraisa that his reason was: הואיל ובא ומצאה בהיתר ולא עמדה עליו שעה אחת באיסור – Since the new brother found the yevamah in a permitted state, and she never stood before him for one moment in a forbidden state. The Gemara then revises the question to what was the Chochomim’s reason for prohibiting the third brother who was born after yibum, and answers that the passuk states: "ולקחה לו לאשה ויבמה" – and he, referring to the yavam, shall take her to himself as a wife and perform yibum with her. which implies, עדיין יבומים הראשונים עליה – that even after he takes her as his wife, the original yibum status is still on her. Rashi explains that this means that she is always called a yevamah.
