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YEVAMOS 51

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SUMMARY Raban Gamliel: A Get given to one Yevamah after a Bi'ah and Ma'amar to the other Yevamos is a valid Get.   Raban Gamliel: A Ma'amar done with one Yevamah after a Get and a Bi'ah to the other Yevamos is valid.   A Bi'ah done by the Yavam first is a valid Kinyan of the Yevamah.   Raban Gamliel: Only one Get or Ma'amar is valid for each Yevamah. Rabanan: For each Yavam and Yevamah, there is a valid Get or Ma'amar.   A Bi'ah Pesulah is better than Ma'amar and also worse than Ma'amar. (1)   Raban Gamliel: If a Yavam gives a Get or does Ma'amar with the Yevamah and subsequently does the same to the Tzarah, he is forbidden only to the relatives of the first Yevamah. (2)   Shmuel says that a Chalitzah that takes place after a Get is given does not free the Tzarah. (3)   Rabah bar Rav Huna maintains that if the Yavam does a Chalitzah Pesulah, all of the brothers also need to do Chalitzah. (4)   Beis Shamai says that if two brothers are married to two sisters and one of the brothers dies and the third brother does Ma'amar, he may remain with the Yevamah even if the second brother subsequently dies. (5)   If a minor between the ages of nine and thirteen does Bi'ah with the Yevamah, it is regarded as a Ma'amar. (6)   Ben Azai says that if one Yavam does Ma'amar with the Yevamah and the second Yavam does the same, both need to give a Get.   Rebbi Nechemyah says that once Bi'ah or Chalitzah takes place, even if it follows a Get or Ma'amar, it is final. A BIT MORE 1. It is better than Ma'amar, because a Bi'ah after a Ma'amar is valid. It is worse than Ma'amar, because a Ma'amar after a Get is a Kinyan on the entire Zikah that remains, while a Bi'ah after a Get is not a Kinyan on the entire Zikah, and consequently a subsequent Ma'amar is valid.   2. The Chachamim argue and maintain that he is forbidden to the relatives of both of them. The same dispute between Raban Gamliel and the Chachamim apply also in a case where there are two Yavams and one Yevamah, and the first Yavam gave a Get or did Ma'amar with the Yevamah and the second subsequently did the same. Raban Gamliel says that only the first Yavam is forbidden to her relatives, and the Chachamim say that both Yavams are forbidden to her relatives.   3. A separate Chalitzah must be done with the Tzarah in order to allow her to get remarried. However, according to the opinion of "Ein Zikah," the first Chalitzah would suffice and a second Chalitzah would not be necessary.   4. A Chalitzah that takes place after a Get is given is a Chalitzah Pesulah, because once a Get is given there is no longer any possibility of Yibum.   5. Beis Shamai maintains that Ma'amar is a complete Kinyan, and therefore even when the second sister falls to him he does not have to divorce the first sister.   6. Rabanan: If a second brother, who is also between the ages of nine and thirteen, does Bi'ah, the Yevamah is forbidden to both of them. Rebbi Shimon: The Yevamah is permitted to the first Yavam. Rebbi Shimon is in doubt about whether Ma'amar is a complete Kinyan or it is nothing. If it is a complete Kinyan, then the Bi'ah of the second Yavam cannot prohibit her to the first Yavam. If Ma'amar is not a complete Kinyan, it is as if nothing happened, and either brother may still do Yibum.

BRIEF INSIGHT THE YIBUM OF A NINE-YEAR-OLD   Rebbi Shimon maintains that if a nine-year-old does Yibum and subsequently a second brother, who is also nine years old, does Yibum, the first brother may remain with her. Rashi asks, since she had relations with the second brother after the Yibum of the first brother, she should be forbidden just as a woman who strays from her husband is forbidden. Rashi answers that a woman is forbidden to her husband only if there was Kinuy and Setirah (a warning from the husband against secluding herself with a certain man which she then ignored it). Tosfos asks that if there was only one witness, then what Rashi says would be correct. However, if there are two witnesses, a woman is forbidden to her husband if she strays, even if there was no Kinuy and Setirah. Therefore, Tosfos gives a different answer and says that she was Shogeg when she had Bi'ah with the second brother, or she was a minor and is thus regarded as Ones, or the second brother had Bi'ah with her against her will. QUICK HALACHAH A CHALITZAH PESULAH   The Rosh maintains that a Chalitzah Pesulah does not require all of the brothers to do Chalitzah. Even in a case of two Yavams and one Yevamah, one Chalitzah suffices. The only time all of the brothers would have to do Chalitzah is if, at first, there was a regular Zikah, and she subsequently became Pesulah and the Zikah was weakened. However, in a case where the Chalitzah was Pesulah from the beginning, one Chalitzah suffices. (Shulchan Aruch EH 170)

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