Yevamos - Daf 27
- When the yavam does chalitzah with the tzaros, the sisters are released but not vice versa
Shmuel said the following rule applies in a case in which there were three brothers, two of whom were married to two sisters, and each had another wife as well, and the married brothers die childless: חלץ לאחיות לא נפטרו צרות לצרות נפטרו אחיות – If the yavam performs chalitzah with the sisters, the tzaros are not released, but if he performs chalitzah with the tzaros, then the sisters are released. The Gemara brings two explanations, the second one brought in the name of Rav Ashi who said that Shmuel’s ruling is based on the view that that there is zikah and the reason why the tzaros are not released when the yavam performs chalitzah with the sisters is משום דלא אלימא זיקה לשויי לצרה כערוה – because the zikah is not strong enough to make the tzaros of an ervah through the zikah, equal to the ervah through zikah herself. Rashi explains that the Rabbanon decreed a zikah in the case of אחות זקוקתו, making the sister of a zekukah like an ervah. While this on a d’Rabbanon level forbids her tzarah from yibum, it is not strong enough to classify her as an ervah like to does with a tzarah of a d’Oraysa ervah. Therefore, the tzaros require chalitzah as well. But when the yavam does chalitzah with the tzaros, which is a superior chalitzah since their zikah to the yavam is stronger, then the sisters are released.
- Doing chalitzah with a בעלת גט או בעלת מאמר
The Gemara asks in a case in which a man’s brother died childless, leaving two widows, and the yavam gave a get to one widow and did maamar with the other one, which one should the yavam do chalitzah with? Rashi explains that since he gave one a get, the Rabbis treated it as a form of chalitzah since it indicates the yavam does not want to build his brother’s house. They therefore forbid both her and her tzarah from yibum. Do we say that the one that received the get should do chalitzah, דאתחיל בה בחליצה – because the yavam has already started the “chalitzah” process with her, or do we say it is preferred to do chalitzah with the one he did maamar with, משום דקרובה לביאה – because since he did maamar with her, she is closer than her tzarah to doing yibum with the yavam, and therefore the chalitzah is a stronger chalitzah? Rav Ashi brings a proof from a Baraisa which taught that Rabban Gamliel was modeh that there is validity to a get brought after maamar and to a maamar done after a get, which indicates that they are equal, and that one is not superior over the other.
- מתה ראשונה מותר בשניה
Rav Huna said in the name of Rav: In a case of two sisters who married two brothers who fall to one yavam: מתה ראשונה מותר בשניה – If the first widow died before doing chalitzah, then he may take the second sister in yibum, and it not necessary to state that if the second one died, he may do yibum with the first widow, משום דהויא יבמה שהותרה ונאסרה וחזרה והותרה – because it is a case of yevamah that was initially permitted, who then became forbidden, and then permitted again. But Rebbe Yochanan says that if the first widow died, the second one is forbidden, שכל יבמה שאין אני קורא בה בשעת נפילה "יבמה יבא עליה" הרי זו כאשת אח שיש לה בנים – any yevamah that I cannot call at the time she fell to yibum a “yevamah” is considered like the wife of a brother who has children and is forbidden to the yavam forever. The Gemara clarifies that Rav also holds of this principle, but only when it is dealing with the d’Oraysa of אחות אשה, but in this case with the two sisters, where it is only a zikah d’Rabbanon, it does not apply.
