REVACH L'DAF
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SUMMARY
Even according to Reish Lakish, who says that the Chalutzah is an Ervah to the brothers, the prohibition does not apply to a brother born after the Chalitzah, according to Rebbi Shimon. (1)
Even according to Rebbi Yochanan, who says that the Chalutzah is only an Isur Lav, she is an Ervah to a brother born after the Chalitzah, according to the Rabanan. (2)
Reish Lakish: Once one of the brothers does Yibum, the Tzaros become forbidden with an Isur Kares to the brothers. Rebbi Yochanan: They become forbidden with an Isur Aseh. (3)
Rav Yehudah in the name of Rav says that the Tzarah of a Sotah (a woman who strayed from her husband) is prohibited because the word "Tum'ah" is used in the Torah to describe a Sotah.
The Tzarah of a Sotah mid'Rabanan (a woman who was permitted by Beis Din to remarry based on the testimony of one witness) is not prohibited.
The Tzarah of a Safek Sotah (a woman who secluded herself with the man whom her husband warned her about) is permitted because the word "Tum'ah" does not apply to her.
There is a dispute between the Tana'im regarding a person who marries his divorcee after she had Eirusin with another man. (4)
The Gemara questions whether one may do Yibum with the Tzarah of a woman who remarried the brother after she married someone else. (5)
A child born from a woman who remarried her first husband after she was divorced from him, married someone else, and then was divorced or widowed from the second man, is not a Mamzer.
If a woman who may not marry a Kohen falls to Yibum together with her Tzarah, and the Yavam chooses to do Chalitzah, he should do Chalitzah with her rather than with the Tzarah, so that he not disqualify the Tzarah from marrying a Kohen.
Rebbi: A person should not spill out his well water when there are others who need the water.
A BIT MORE
1. Rebbi Shimon maintains that a brother born after the Chalitzah or Yibum is not prohibited to the Yevamah.
2. The Rabanan maintain that a woman is an Ervah to her husband's brother, even though that brother did not live during the lifetime of her husband.
3. Rebbi Yochanan: The brother who does Yibum is an agent of all of the brothers. Therefore, just as the Tzaros become an Isur Aseh for him, they become an Isur Aseh for all of the brothers. Reish Lakish: The Tzaros are only an Isur Aseh for the brother who did Yibum. For the brothers who did not do Yibum, the Tzaros have the status of the wife of a brother, which is an Isur Kares.
4. Rebbi Yosi ben Kipur: She is permitted, because the verse says, "After she has become Tamei," which is a reference to Nisu'in. Rabanan: She is prohibited, because the verse that says, "After she has become Tamei," is a reference to a Sotah, not to a divorcee.
5. Since the verse uses the word "Tum'ah" to describe a woman who was remarried after she married someone else, the Tzaros may have the same status of the Tzaros of an Ervah regarding Yibum.
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BRIEF INSIGHT
THE SOURCE FOR THE PROHIBITION OF THE TZAROS TO THE BROTHERS AFTER YIBUM WAS DONE
Rebbi Yochanan: Once one of the brothers does Yibum, the Tzaros are prohibited to all of the brothers by an Isur Aseh. Reish Lakish: They are prohibited by an Isur Aseh only to the brother who did Yibum. Rashi says that the Isur Aseh is derived from the verse that implies that only one house shall be built by the Yavam, not two houses. The Ritva asks that the prohibition of building two houses applies only to the brother who did Yibum. This Isur Aseh should not apply to the brothers who did not build even one house. The Ritva answers that since, according to Rebbi Yochanan, the brother who did Yibum is the agent for all of the brothers, it is as if all of the brothers built one house. Therefore, the prohibition of building two houses indeed applies to all of the brothers.
QUICK HALACHAH
THE PROHIBITION OF THE TZAROS TO THE BROTHERS AFTER YIBUM
Once the Yavam marries the Yevamah, the Tzaros are forbidden to all of the brothers with an Aseh. (Shulchan Aruch EH 162:1)
The Aseh is derived from the verse, "Lo Yibaneh Beis...," which implies that one house shall be built, not two houses. According to Tosfos, the Tzaros are forbidden with a Lav, but not an Aseh. (Beis Shmuel)
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