Yevamos - Daf 40
- Machlokes whether the yavam or father gets the inheritance when the yavam does yibum
The next Mishnah states: הכונס את יבמתו זכה בנכסים של אחיו – One who marries his yevamah is zocheh to his deceased brother’s estate. Rebbe Yehudah says, whether the yavam performed chalitzah or yibum, אם יש שם אב נכסים של אב – if there is a father, the estate goes to the father. The Gemara explains the Tanna Kamma’s reason that the estate goes to the yavam, for the passuk states: "יקום על שם אחיו" – he shall succeed in the name of his deceased brother, והרי קם – and by doing yibum, he has succeeded his brother. Ulla and Rebbe Yitzchak Nafcha said that the halachah is like Rebbe Yehudah. Ullla said, and some say that it was Rebbe Yitzchak Nafcha, that Rebbe Yehudah’s position is based on the passuk which states: "והיה הבכור אשר תלד" – And it shall be the firstborn, if she can bear. The passuk is referring to the yavam as the bechor, to teach that he is כבכור – like the bechor. מה בכור אין לו בחיי האב אף האי נמי אין לו בחיי האב – just as a bechor, even though he gets an extra share of the inheritance, does not get any of it while his father is still alive, so too the yavam has none of the inheritance while his father is alive. The Gemara later brings those that teach that the halachah is not like Rebbe Yehudah.
- Proof that the Rabbanon were gozeir shniyos for a chalutzah
The next Mishnah states: החולץ ליבמתו הוא אסור בקרובותיה והיא אסורה בקרוביו – One who did chalitzah with his yevamah, is assur to her relatives, and she is assur to his relatives. The Rabbanon decreed that since a chalutzah is similar to a gerushah, the relatives that are forbidden to a husband and his ex-wife, should apply to a chalutzah as well. The Gemara asks: גזרו שניות בחלוצה או לא – Did the Rabbanon decree shniyos should be forbidden to a chalutzah, or not? Do we say that they only were gozeir shniyos when the primary relative is an ervah d’Oraysa, but for a chalutzah, in which the primary relatives are only a d’Rabbanon, they did not? Or were they gozeir shniyos in any case? The Gemara brings a proof from a Baraisa that Rebbe Chiya brought, that mentioned four secondary relatives that the Rabbanon forbid to a chalutzah. After it is determined that three of the relatives were prohibited to her on account of her deceased husband and not the yavam, it brings a proof from the case of בן בתו – his daughter’s son, which is the equivalent of his mother’s father’s wife, and is a shniyah. The Gemara concludes that this relationship was prohibited on account of the brother who did chalitzah and not the deceased brother, for the Rabbanon never prohibited a mother’s father’s brother’s wife as a shniyah.
- מותר אדם בקרובת צרת חלוצתו ואסור בצרת קרובת חלוצתו
The Mishnah stated: מותר אדם בקרובת צרת חלוצתו ואסור בצרת קרובת חלוצתו – The yavam is permitted to the relatives of the tzarah of his chalutzah but is prohibited to the tzarah of the relatives of his chalutzah. The Gemara explains that regarding the relative of the chalutzah, referring to her sister, who accompanies her to Beis Din, the Rabbanon decreed that she should be treated like the chalutzah herself and her tzarah should become forbidden. Rashi clarifies that people might mistakenly think that the sister is the chalutzah, and if the yavam ever married the sister’s tzarah, people might think that he is doing yibum with his chalutzah’s tzarah and that he is permitted to do so. Therefore, the Rabbanon prohibited one from marrying the tzarah of his chalutzah’s sister. On the other hand, since a tzarah does not accompany the chalutzah to Beis Din, there was no need to prohibit her relatives to the yavam.
