(Mishnah) Question: How is this? If he gave a Ma'amar...

Question: 'How is this' connotes that we explain the Reisha (a Get after a Get), but the Mishnah does not explain this!

Answer (Rav Yehudah): Indeed, the Mishnah never explains a Get after a Get or a Ma'amar after a Ma'amar. They are like in the Beraisa (above);

Rather, it asks how we permit a Yevamah (who received a Ma'amar and a Get). It teaches that she needs Chalitzah.

(Mishnah): If he gave a Ma'amar and did Bi'ah, he did the Mitzvah properly.

Suggestion: This supports Rav Huna.

(Rav Huna): The proper way do Yibum is to Mekadesh the Yevamah first (with a Ma'amar).

Rejection: Perhaps the Mishnah says that this is also a proper way to do Yibum!

Objection: This is obvious!

Answer: It is not obvious;

We learned that a Ma'amar removes Zikah of Yibum and makes her like an Arusah awaiting Nisu'in. One might have thought that Bi'ah afterwards is not the Mitzvah (of Yibum, just standard Nisu'in)!

Rav Huna: The proper way do Yibum is after being Mekadesh the Yevamah. If he did Yibum and then gave a Ma'amar, he acquired her.

Question: This is obvious, for Yibum acquired her!

Correction: Rather, (even) if he did Yibum without a Ma'amar, he acquired her.

Question (Beraisa): If he does Yibum without a Ma'amar, he is lashed. (If he acquired her, why would he be lashed?)

Answer: The lashes are only mid'Rabanan;

Rav lashes for the following;

One who is Mekadesh through Bi'ah, or in the market (in public), or without prior arrangement;

One who is Mevatel (invalidates) a Get (that was sent with a Shali'ach, lest his wife remarry before hearing that the Get is Batel);

One who tells witnesses that he is being coerced to divorce, and the Get he will give is invalid (people will suspect that his wife's future children are Mamzerim);

One who is brazen to a Shali'ach of Chachamim;

One who stays in excommunication for 30 days without coming to Beis Din to request that it be lifted;

One who lives by his mother-in-law.

Question: Is he lashed only if he lives by her, but not for passing by? Rav Sheshes lashed a man for passing by his mother-in-law's porch!

Answer: That was a special case. He was suspected of having Bi'ah with her.

Version #1 (Chachamim of Nehardai): Rav lashes only for one who is Mekadesh through Bi'ah without prior arrangement.

Version #2: Some say that he lashes even with prior arrangement, because it is lewdness.

(Beraisa): How is Ma'amar done? He gives her money, or something of monetary value;

Question: How is it done with a document?

Objection: Obviously, it is like Kidushin through a document! We learned that he writes to her on paper or on pottery, even if it is not worth a Perutah, 'you are Mekudeshes to me'.

Answer (Abaye): The Beraisa asks about a Kesuvah of Yibum.

Answer: He writes 'I, Ploni, accept to feed and support my Yevamah Plonis properly;

The Kesuvah is collected from the property of the deceased;

If there is no property from the deceased, Chachamim enacted that she has from the Yavam's property, so it should not be light in his eyes to divorce her.

Question (Abaye): If one gave to his Yevamah a Get and said 'You are divorced from me, and are not permitted to any man', what is the law?

A Get to a Yevamah is mid'Rabanan. Perhaps only a Get that permits a married woman affects a Yevamah?

Or, perhaps it forbids Yibum, lest it be confused with a proper Get!

Answer (Rabah): We are concerned lest it be confused with a proper Get.

Question (Rabah bar Chanan): If so, will we forbid Yibum if he gave her any piece of paper?!

Answer (Rabah): A mere paper does not forbid a girl to a Kohen. The Get Abaye asked about forbids a girl to Kehunah:

(Beraisa): "They (Kohanim) will not marry a woman divorced from her husband" - even if she was divorced only from her husband (but was not permitted to anyone), Kohanim may not marry her (even after her husband dies);

This is 'the scent of a Get', which forbids to Kehunah.

(Rami bar Chama): We learned that if a man asked a scribe to write a Get to his Arusah to give it after Nisu'in, the Get is valid, since he could divorce her now;

If he told the scribe to write a Get for a woman who is not Mekudeshes to him, the Get is invalid, since he cannot divorce her.

Question (Rami bar Chama): If one wrote a Get to his Yevamah, what is the law? (Rashi - can he divorce her with it after Yibum? Ri - does it disqualify to Kehunah? Rivam - if he wrote it before giving a Ma'amar, can he give the Get to undo the Ma'amar?)

Since she is tied to him (Zekukah to do Yibum or Chalitzah), she is like his Arusah, so the Get is valid;

Or, since he did not give a Ma'amar, we do not say this?

The question is unresolved.

Question (R. Chanina): If one wrote a Get for the Zikah (to forbid Yibum) but not to undo his Ma'amar; or, to undo his Ma'amar but not for the Zikah, what is the law?

If Ma'amar adds to Zikah, since he wrote that the Get only works for one of these, this is like divorcing half a wife, which has no effect;

Or, perhaps Zikah and Ma'amar coexist independently (and he can undo one)?

Suggestion: We can answer this from Rava's law (32a, that it works)!

(Rava): If he gave a Get to undo his Ma'amar, the Tzarah is permitted.

Response: Rava was sure, but R. Chanina was unsure about this.

(Mishnah): If he did Chalitzah and gave a Ma'amar (nothing takes effect after Chalitzah).

(Rav Yehudah): This is like R. Akiva, who says that Ein Kidushin Tofsin b'Chayavei Lavin. Chachamim say that things take effect after Chalitzah.

Question: The Mishnah cannot be like R. Akiva!

(Reisha): If he gave a Get and a Ma'amar, she needs a Get and Chalitzah.

According to R. Akiva, once she got a Get, Ma'amar would not take effect!

(Beraisa - R. Akiva): If one gave a Get to his Yevamah, he may never do Yibum - "Her first husband who divorced her (cannot remarry her)".

Answer (Rav Ashi): A Get to a Yevamah is only mid'Rabanan. The verse is only an Asmachta.

Support (for Rav Yehudah - Beraisa - Rebbi): Our Mishnah is like R. Akiva, who considers a Chalutzah like Ervah. Chachamim say that things take effect after Chalitzah;

I (Rebbi) say that this applies only when he intended for Kidushin. If he intended for a regular Ma'amar of a Yevamah, nothing takes effect after Chalitzah.

(Beraisa - Rebbi): If a man did Chalitzah, then was Mekadesh her:

If he intended for regular Kidushin, she needs a Get. If it was like a Ma'amar to a Yevamah, she does not need a Get;

Chachamim say, in either case she needs a Get.

Opinion #1 (Rav Yosef): (He said 'you are Mekudeshes to me.') Rebbi holds that we made the Yavam like one (Levi) who digs in the (Hefker) property of a convert (who died without heirs), and Levi thinks that the property is already his, so he does not acquire it.

Objection (Abaye): There, Levi has no intention to acquire. Here, the Yavam intends to acquire her!

(Abaye): A proper analogy is to one who digs in the property of a convert, and thinks that he is digging in the property of a different convert (both are Hefker. All would agree that) he acquires!

Opinion #2 (Abaye): Rather, he said 'be Mekudeshes to me with this Ma'amar Yevamin':

Rebbi holds that Ma'amar only increases an existing Zikah. Once Chalitzah ended Zikah, the Ma'amar cannot take effect;

Chachamim hold that Ma'amar and Zikah are independent of each other. Had he given a Ma'amar Yevamin before Chalitzah, it would have worked. Now also (after Chalitzah), it works!

Objection (Rava): Had he said 'with this Ma'amar Yevamin', all would agree that it takes effect!