Yevamos - Daf 53
- Rava says the machlokes is regarding one who said: התקדשי לי בזיקת יבמין
On Daf 52b, Abaye explained the machlokes regarding החולץ ליבמתו וחזר וקדשה – one who does chalitzah to his yevamah and then returns and is mekadesh her, that Rebbe said: אם קדשה לשום אישות – if he was mekadesh her for marriage in general, she needs a get from him, but לשום יבמות – if he did it for the sake of a yibum related marriage, she does not require a get. But the Chochomim said in both cases she requires a get. Rava gives a different explanation, saying that everyone agrees that if he had said he was mekadesh her with maamar of yevamin, it is effective. They disagree if he said: התקדשי לי בזיקת יבמין – “You are mekadesh to me with the zikah of yevamin”. Rebbe holds יש זיקה – that there is a strong zikah bond between the yavam and yevamah, and once chalitzah is done, it is pakah the zikah, so that being mekadesh her with zikas yevamin is no longer effective. But the Rabbanon hold that אין זיקה – there is no significant zikah bond. Therefore, just as if he had told her before chalitzah, that he was mekadesh her with zikas yevamin, it would be effective, even though mentioning zikah is irrelevant, so too after chalitzah it is effective. It is as if he was saying he was mekadesh her with maamar.
- Rav Ashi says machlokes if יש תנאי בחליצה
Rav Ashi provides a fourth explanation of the machlokes, saying: ביש תנאי בחליצה קמיפלגי – they disagree whether one can make a stipulation regarding chalitzah. Rashi brings the example of one who said he did the chalitzah on condition that the yevamah would give him two hundred zuz later on. According to Rebbe, אין תנאי לחליצה - one cannot make a tannai with a chalitzah and if she does not give him the money, the chalitzah is still effective and is pakah the zikah. Therefore, if he is mekadesh her with the zikah of yevamin, the kiddushin is not effective. The Rabbanon hold יש תנאי לחליצה – one can make a tannai with the chalitzah, and if she does not give the money, the chalitzah does not work and there is still a zikah. Therefore, he can be mekadesh her with the zikah of yevamin.
- All the different ways yibum is accomplished regardless of the kavanah of the participants
The opening Mishnah of the sixth perek states: הבא על יבמתו – One who has relations with his yevamah, בין בשוגג בין בין במזיד – whether beshogegg or b’meizid, which Rashi defines here as someone who had no intent to fulfill the mitzvah but just wanted to act promiscuously, בין באונס בין ברצון – whether under coercion or willingly, אפילו הוא שוגג והיא מזידה – even if he was mistaken and she acted willingly, meaning he mistook the yevamah for a different woman, but the yevamah recognized him but acted promiscuously and not for the sake of the mitzvah, or vice versa where she was mistaken and he acted without intent for the mitzvah, whether one of them was coerced and the other one was not coerced, אחד המערה ואחד הגומר – whether he just began the act, or completed the act, קנה ולא חילק בין ביאה לביאה – he has acquired the yevamah as his wife, and the Torah does not distinguish between one form of intimacy and another form of intimacy. וכן הבא על אחת מכל עריות שבתורה או פסולות – And the law is the same for one who has relations with any of the arayos of the Torah, or those disqualified for marriage, such as an almanah to a Kohen Gadol.
