1,922. Two Minors

Yibum v’Chalitzah 5:26

If the deceased brother’s widows are both minors who can dissolve their marriages through refusal (miun), then if one yavam has relations with one of them* and then he or another of his brothers is intimate with the other, it does not invalidate the marriage with the first. Nevertheless, the second girl is instructed to dissolve her marriage through refusal. The yavam then retains his marriage with the one with whom he was first intimate.

Yibum v’Chalitzah 5:27

The same is true if the deceased brother’s widows are a minor and a woman with congenital deafness: if the yavam is first intimate with the minor* and then he or one of the other brothers is intimate with the woman with congenital deafness, it does not invalidate his marriage to the minor. The woman with congenital deafness, however, must be given a get. This is because the intimacy with the minor “outranks” intimacy with the woman with congenital deafness because the minor will eventually grow into Biblical-level marriage. Therefore, the yavam should retain his marriage with the minor with whom he was first intimate.

*The intention of the halacha is not to recommend such a thing, merely to address the halachic impact should it occur.