Yevamos - Daf 26
- When the Chochom, shaliach and witness are permitted to marry the women
The next Mishnah states: וכולם – and all of them, referring to the Chochom who did not release a wife from her neder, the shaliach who brought a get from overseas, and the witness to a man’s death, שהיו להם נשים ומתו מותרות לינשא להם – if they had wives at the time, and the wives later died, they are permitted to marry the women whose case they were involved in. Rashi explains that there is no reason to be suspect that they had ulterior motives since they were married at the time. The Gemara says that this implies that if they had divorced their wives, then they would not be permitted to marry these women, for people would say that they divorced their wives in order to marry them. Rav Hillel said to Rav Ashi, that this contradicts a Baraisa that taught that they could marry these women even if they divorced their wives? The Gemara answers that the Baraisa’s case which permits him to marry, is דהוי קטטה – where there already was conflict in the marriage prior to the incident. Alternatively, the Mishnah’s case that forbids him to marry her was דארגיל הוא – where it was the husband who began fighting with his wife. Since he is the cause of the divorce, people will say he did so with the intent to marry the woman.
- Why the women are permitted to these men’s sons and brothers
The Mishnah stated: וכולן מותרות לבניהם או לאחיהם – and all of these women are permitted to the sons and brothers of these men who were involved in freeing them. The Gemara asks why this is different from what was taught in a Baraisa that if one is the subject of rumors that he was with a certain woman, then he is forbidden to her mother, her daughter, or her sister? Rashi explains that the Rabbanon were concerned that if he marries one of these relatives of the woman, he would be in close proximity to her and come to have relations with her, which would be a violation of a d’Oraysa. Why is there not an equal concern when letting the woman marry the man’s relative? The Gemara answers that it is common for women to go and visit other women, and therefore the concern is that the man will have an illicit relationship while the woman visits his wife. It is not common, however, for men to go visit other men. Alternatively, since if a woman has relations with another woman’s husband it does not prohibit the husband to his wife, the Rabbanon were concerned that the wife might not do anything to prevent the relationship, since she is not at risk of losing her husband. A husband though would never let his wife be involved in an illicit relationship since it would forbid him to her.
- חליצה פסולה
Rabbah bar Rav Huna said in the name of Rav: In the case of three sisters married to three brothers, and they fall for yibum to two brothers-in-law, one brother does chalitzah with one of the sisters, the other brother does chalitzah to another one of the sisters, ואמצעית צריכה חליצה משניהם – and the middle sister, (the third one) requires chalitzah from both brothers. Rabbah said to Rabbah bar Rav Huna, that since you said that the middle sister requires chalitzah from both brothers, it is evident that you hold that there is zikah, והויא לה חליצה פסולה – and this chalitzah is a chalitzah pesulah. Rashi explains that a chalitzah pesulah is where the brother is not permitted to do yibum and forced to do chalitzah, such as this case, where the yevamah is the sister of his chalutzah. Since it is a chalitzah pesulah, the yevamah requires a chalitzah from all of the brothers, since this type of chalitzah does not have the strength to sever the zikah from all of the brothers at once. The Gemara will analyze this ruling and bring a conflicting opinion.
