1)

(a)If the brother of someone who performed Chalitzah marries the Chalutzah's sister and dies, the Chalutz is forbidden to perform Yibum with her when his brother dies - because she is Achos Chalutzaso.

(b)The difference between a case where his brother married Achos Chalutzaso and where he married Achos Gerushaso - is since the latter is Patur from Yibum mid'Oraisa, she is Patur from Chalitzah too; whereas the former, whose Isur to perform Yibum is only mid'Rabanan, is obligated to perform Chalitzah.

2)

(a)According to Rebbi Yehudah ben Beseirah, one instructs the brother who betrothed the sister of his brother's Shomeres Yavam - to wait until his brother has performed either Yibum or Chalitzah, when he will be permitted to marry her.

(b)He is not permitted to marry her immediately - because she is Achos Zekukaso.

3)

(a)In the event that ...

1. ... his brother performs Yibum or Chalitzah with the Yevamah - he is permitted to marry her sister (to whom he is betrothed).

2. ... the Yevamah dies - he is permitted to marry her betrothed sister.

3. ... the (only other) Yavam dies - the remaining brother must send away his wife with a Get, and his Yevamah, with Chalitzah.

(b)Despite the fact that Achos Chalutzah is obligated to perform Chalitzah, whereas Achos Gerushah is not - the Tana (Rebbi) says 'v'Chen', to teach us that Chazal decreed Achos Chalutzah on account of Achos Gerushah.

(c)Shmuel rules like Rebbi Yehudah ben Beseirah - teaching us 'Yesh Zikah' and that the Zikah on the Yevamah is strong enough to forbid her sister on the Yavam.

4)

(a)Rav and Rav Ivya both permit the Yavam of Rebbi Yehudah ben Beseirah to perform Yibum with the Yevamah, if her sister (his betrothed) died - because they hold that a Yevamah who was permitted when she fell to Yibum, and who then became forbidden and then permitted again, is permitted.

(b)Shmuel and Rav Asi forbid it - because, in their opinion, a Yevamah who is forbidden for one moment (irrespective of when the prohibition takes effect), remains permanently forbidden.

5)

(a)Rav Hamnuna queried Rav from the Mishnah in the third Perek, where the Ba'alas Ma'amar, who had been permitted to her Yavam when her husband died, but who became forbidden when her sister's husband (the Yavam's brother) died, and who became permitted again when the sister died, remains forbidden. Rav remained silent. He might have established that Beraisa like Rebbi Elazar - who (even he concedes) holds that a Yevamah who is forbidden for one moment, remains forbidden permanently (like Shmuel and Rav Asi) ...

(b)... but declined to do so, because maybe Rebbi Elazar speaks in a case when the Yevamah was already forbidden before she fell to Yibum (like the case there, where the brother divorced his wife, then remarried her and died), whereas in our case, the Yevamah was permitted at the time when she fell.

(c)Rav later changed his mind, and did indeed establish the Beraisa like Rebbi Elazar, who said in another Beraisa - that in the case of Rebbi Yehudah ben Beseirah, if his betrothed died, he must perform Chalitzah but not Yibum (like Shmuel and Rav Asi).

(d)Shmuel and Rav Asi may well hold like the Rabanan - because the Rabanan, in their opinion, only argue with Rebbi Elazar in a case when the Yevamah does not become forbidden after she has fallen to Yibum, whereas in our case, where she does, even the Rabanan will agree that she can never become permitted again.

6)

(a)Our Mishnah forbids a Yavam to perform Chalitzah or Yibum with his Yevamah until three months after her husband's death - and the same applies to marrying the wife of a man who died.

(b)According to the Tana Kama - it makes no difference whether the woman is a Besulah, a Be'ulah, divorced, widowed, or whether she was married or betrothed.

(c)Rebbi Yehudah permits a married woman to become betrothed and a betrothed one to marry - except for in Yehudah, where the custom was for the betrothed couple to become intimate with each other before the wedding (so as to avoid embarrassment after their marriage), and whom he therefore forbids to marry until three months after her betrothed dies.

(d)Rebbi Yosi disagrees with Rebbi Yehudah - inasmuch as it is only a married divorcee who is permitted to become betrothed within three months, but not a widow, who is forbidden to marry during the first thirty days after her husband's death, because it is a period of mourning.

7)

(a)The Yevamah is forbidden to perform Yibum within three months of her husband's death, because the baby might live, in which case the Yavam will have contravened the Isur of Eishes Achiv. The prohibition of performing Chalitzah is not necessarily because 'Chalitzas Me'uberes Lo Shemah Chalitzah (a disproof to Rebbi Yochanan (who holds ' ... Shemah Chalitzah'). It could also be - because the baby may live and we will then require a public announcement to invalidate the Chalitzah (so that she should be permitted to marry a Kohen, and we are concerned about those people who were at the Chalitzah but did not hear the announcement (as we learned earlier in the Perek).

(b)We try to reconcile Rebbi Yochanan with our Mishnah, despite the fact that he has already been disproved once - so that, should we manage to find an answer to the Kashya there, there will not be a problem from the Mishnah here.

(c)Even a Yevamah who was already divorced before marrying the Yavam's brother (in which case, she is forbidden to marry a Kohen anyway) is obligated to wait - for her own benefit, so that she should not be deprived of the sustenance that she receives from her first husband (because the moment the Yavam performs Chalitzah, she loses it).

8)

(a)We query Rebbi Yochanan from a divorcee who was only betrothed to the Yavam's brother (and who does not receive sustenance anyway), and we answer that our Mishnah holds like Rebbi Yosi - who told a man who wanted to perform Chalitzah during the three months that Yibum is forbidden, that the Torah writes "Im Lo Yachpotz ... ", 'Ha Yachpotz, Yibem' (meaning that Chalitzah must have the option of Yibum, and where Yibum is forbidden, the Yevamah does not require Chalitzah either).

(b)Rebbi Yosi's ruling does not pose a Kashya on Rebbi Yochanan - who confines the Derashah to l'Chatchilah, where it is possible to wait, but where it is not, there are many cases where Chazal required Chalitzah even when Yibum is not possible. Consequently, if b'Di'eved one performed Chalitzah, the Chalitzah is valid.

9)

(a)When the Tana of another Beraisa writes 'Kol ha'Sefeikos Choltzos v'Lo Misyabmos', he cannot be referring to a case of Safek Kidushin - because there is no reason there why he should not be able to perform Yibum (since, if the Kidushin was valid, then he will be performing Yibum with his Yevamah, and if it was not, then it will be Kidushin with a strange woman).

(b)So he must be referring to case of Kidesh Echad mi'Shtei Achyos. When Rebbi Yosi taught that whoever cannot perform Yibum, cannot perform Chalitzah either - he was referring to a case such as a Safek Me'uberes, where Chazal decreed not to perform Yibum, even if Eliyahu were to inform us that the woman is not pregnant; whereas in the case of Kidesh Echad mi'Shtei Achyos, if Eliyahu would enlighten us as to which one his brother betrothed, she would be permitted to him. Consequently, she requires Chalitzah (l'Chatchilah).

(c)We prove this from a Yevamah Ketanah - who is obligated to wait three months, even though we know that she is not pregnant.

(d)Chazal ruled 'Choletzes v'Lo Misyabemes', such as Achos Chalutzaso - because they are Sefeikos that do not stand to become resolved (so what point is there in waiting?); whereas the Safek of a Safek Me'uberes will.

10)

(a)For the first three months, the Tana of the Beraisa teaches us, a Yevamah is sustained out of her deceased husband's estate - from then on, she receives no Parnasah at all, either from her deceased husband's estate or from the Yevamah.

(b)She is however, sustained out of the Yavam's estate - if she served the Yavam a writ to force his hand to perform either Yibum or Chalitzah with her, and he ran away.

(c)Chazal differentiate between an ordinary widow, who is sustained from her deceased husband's estate until she remarries, and a Yevamah, who is only sustained for three months - because an ordinary Almanah can say that she has deliberately remained unmarried due to the deep respect that she felt for her husband; whereas a Yevamah is bound to the Yavam (notwithstanding the fact that she is not fed from his estate either, until the Yibum).

(d)If the Yevamah falls before a Yavam Katan, Rav Acha and Ravina argue whether she is sustained beyond the three month period or not. We rule that she is not - because her predicament is clearly a Divine punishment.