Yevamos - Daf 29
- Machlokes regarding to what degree is maamar like a genuine marriage
The next Mishnah brings a machlokes regarding to what degree maamar is considered like a full marriage. The case is when there are three brothers, two of whom were married to two sisters, ואחד מופנה – and one is not married. One of the sister’s husbands dies childless, and the mufnah does maamar with the widow, and then the second brother dies childless, so that the second sister now falls to yibum to the mufnah. Beis Shammai say: אשתו עמו והלזו תצא משום אחות אשה – The maamar wife stays with him and the second sister goes out without yibum or chalitzah because she is his wife’s sister. Rashi explains that Beis Shammai hold that the widow he did maamar with ככנוסה דמיא – is considered like his genuine wife, and when her sister falls to him, she is not considered אחות זקוקתו. But Beis Hillel say: מוציא את אשתו בגט ובחליצה ואשת אחיו בחליצה – He must terminate his maamar wife with a get and chalitzah, and his brother’s wife with chalitzah. זו היא שאמרו אוי לו על אשתו ואוי לו על אשת אחיו – This is a case in which they say: Woe to him over his own wife and woe unto him over his brother’s wife. This is because the mufnah loses both women.
- Two different teachings regarding Beis Shammai’s position on the power of maamar
Rebbe Elazar said: Do not say that maamar, according to Beis Shammai קונה קנין גמור – is a complete kinyan of the yevamah, so that if the yavam wants to send her out, a get is sufficient. Rather, maamar, according to Beis Shammai אינו קונה אלא לדחות בצרה בלבד – does not make a kinyan except regarding being docheh the maamar’s rival yevamah, which in this case is her sister. Rashi explains that her sister does not forbid the maamar wife as אחות זקוקתו. Rav Ashi teaches that Rebbe Elazar said as follows: Do not say that maamar, according to Beis Shammai, דחי דחייה גמורה – accomplishes a complete rejection of the yevamah’s relatives so that the maamar’s wife’s rival yevamah, which is her sister, does not even require chalitzah. Rather, according to Beis Shammai, דוחה ומשייר הוא – maamar effects a partial rejection but leaves a part of the sister’s zikah intact. The maamar wife does not become forbidden to her husband as a zekukah’s sister because of this partial zikah, but because it is only a partial zikah, the sister is not fully rejected and she is required to receive chalitzah. The Gemara refutes this second version of Beis Shammai.
- Rabbah’s question if maamar effects nisuin or erusin according to Beis Shammai
Rabbah asked: מאמר לבית שמאי נישואין עושה או אירוסין עושה – Maamar, according to Beis Shammai, does it effect nisuin, or does it effect erusin? Abaye said to Rabbah, that if he is asking if maamar acts like erusin so that the maamar-wife needs to be given over to chuppah, meaning he must get her consent, it is not a question, for even if a yavam does not do maamar, the passuk says, "יבמה יבא עליה" – her yavam shall have relations with her, which implies even if it is against her will, without chuppah. All the more so, chuppah is unnecessary if he did maamar. Rabbah answered that there still is a question, for if anyone does maamar with his yevamah, פרחה ממנו זיקת יבמין וחלה עליה זיקת אירוסין – the zikah bond that existed departs from him and a new zikah of erusin takes effect upon him. Therefore, it is possible that being that she is like an arusah, she would require chuppah with her consent. So even though an ordinary yevamah does not need chuppah, this woman does, and Rashi explains that if the yavam has relations without her consent, he has not acquired her fully. The question is left unresolved.
