Yevamos - Daf 44
- One brother is permitted to do yibum to the yevamahs from four brothers
The Mishnah on the bottom of Daf 43b stated: If four brothers were married to four women and then died, אם רצה הגדול שבהם לייבם את כולן הרשות בידו – if the eldest of the surviving brothers wants to take all of widows in yibum, he has the permission to do so. The Gemara on this Daf challenges this ruling based on a Baraisa that states: It is written in the parshah of yibum: "ודברו אליו" – and the elders shall speak to him, מלמד שמשיאין לו עצה הוגנת לו – This teaches that they give him advice that is fitting for him. For example, if he was young and the yevamah was old, or he was old and she was young, they would say to him, “What do you have to do with a young woman?”, “What do you have to do with an older woman?” כלך אצל שכמותך ואל תשים קטטה בביתך – “Go after a woman that is around the same age as you and do not bring strife into your home.” Similarly, since the brother will have difficulty supporting four wives, he should not do yibum to all of them. The Gemara answers that he has the means to provide for them. The reason the Mishnah only listed four wives, and not more, is עצה טובה קא משמע לן – because it is providing good advice, that he only take four, כי היכי דנמטייה עונה בחודש – so that the onah, (intimate relations) with each of them be at least once a month.
- Why there is not more than one act of yibum or one act of chalitzah
The Mishnah stated: If one was married to two women and he died, ביאתה או חליצתה של אחת מהן פוטרת צרתה – the yavam having relations or doing chalitzah with one of them, exempts her tzarah. When the Gemara asks that the yavam should be required to take both in yibum, Rebbe Chiya bar Abba said in the name of Rebbe Yochanan: The passuk states: "אשר לא יבנה את בית אחיו" – so that he shall not build his brother’s house. This teaches: בית אחד הוא בונה ואין בונה שני בתים – the yavam builds one house for his brother but he does not build two houses. When the Gemara then suggests he does chalitzah with both wives, Mar Zutra bar Tovia answered that the passuk states: "בית חלוץ הנעל" – the house of the removed shoe. This teaches בית אחד הוא חולץ ואין חולץ שני בתים – He performs chalitzah with one house, meaning one widow, and not two houses.
- הכל מודים בבא על חייבי כריתות שהולד פגום
The Gemara revises an earlier statement that Rav Yosef said in the name of Rebbe Shimon bar Rebbe to be, הכל מודים בבא על חייבי כריתות שהולד פגום - All agree regarding one who had relations with a woman prohibited under the penalty of kares, that the child born from that marriage is pagum (tainted) in regard to the Kehunah. Rashi explains that if the child is a girl, then she is like a chalalah and is passul to marry a Kohen[ss1] . The Gemara explains that the term “all agree” is coming to include Rebbe Yehoshua, who holds אין ממזר מחייבי כריתות – no mamzer results from a relationship that is prohibited under penalty of kares. Even though no mamzer results, פגום מיהא הוי – it is still tainted to the Kehunah. This is learned from a kal v’chomer from an almanah. Just as an almanah to a Kohen Gadol שאין איסורה שוה בכל – whose prohibition is not uniform for everyone, (since only a Kohen Gadol is prohibited to her) בנה פגום – nevertheless her child is tainted to the Kehunah, a woman who is prohibited under penalty of kares, שאיסורה שוה בכל – whose prohibited status is equal to everyone, all the more so her child is pagum. And if you will say that this can be refuted because the almanah herself מתחללת, becomes a chalalah, so too here כיון שבעלה עשאה זונה – the man who was forbidden to her, by having relations with her, has made her into a zonah. Rashi explains that a zonah is also prohibited to a Kohen.
