(Mishnah): If one divorced his wife and remarried her, she is permitted to the Yavam (if she falls to Yibum);

R. Eliezer forbids.

Similarly, if one divorced an orphaned minor and remarried her, she is permitted to the Yavam;

R. Lazar forbids.

If a father married off his minor daughter and she was divorced, she is like an orphan in the life of her father. If her ex-husband remarries her, she is forbidden to the Yavam.

Chachamim admit to R. Lazar if he divorced her when she was a minor (her father had married her off) and he remarried her when she was a minor, because it was a full (Torah) divorce, and the remarriage was not full (mid'Oraisa);

However, if he divorced her when she was a minor and remarried her when she was an adult, or [remarried her when she was a minor] and she matured while married to, she is permitted to the Yavam.

(Gemara) Question: What is R. Lazar's reason?

Answer: It is because she was once forbidden to [the Yavam].

Chachamim admit to R. Lazar about a Ketanah whose father married her off, and she was divorced, for she is like an orphan in the life of her father. Her [first] marriage and divorce are mid'Oraisa, but her remarriage is not mid'Oraisa.

Question: What is the law of her Tzarah?

Answer #1 (Rav): Her Tzarah is forbidden.

Support (for Answer #1 - R. Yochanan): Her Tzarah is forbidden.

Answer #2 (Reish Lakish): Her Tzarah is permitted.

R. Lazar (the Amora): I checked the Rabanan here (in Eretz Yisrael) and the Rabanan there (in Bavel), and I did not find anyone [who holds] like myself, except for Reish Lakish, who says that her Tzarah is permitted.

Question: Rav Hamnuna was sitting in front of Rav Ada bar Achavah. [Rav Hamnuna] asked, what is the law of her Tzarah?

Answer (Rav Ada): She is permitted.

(Rava bar Mamal): Presumably, the one who says that her Tzarah is permitted is correct. However, the one who says that her Tzarah is forbidden, no matter what you will say, [this is difficult]!

The side of [his wife] that he acquired, correspondingly is permitted in the Tzarah (Yibum). The side that he did not acquire [in his wife], correspondingly is permitted in the Tzarah (it is like marrying a stranger)!

Answer (R. Shamai): Does 'miMah Nafshach' (no matter what you will say) apply to Arayos?! (It does not!)

Question: What is the reason?

Answer: Any Yevamah who is not totally inside (permitted to do Yibum), the part of her that is acquired is judged like Ervah, and Ervah exempts her Tzarah (therefore, the Tzarah may not do Yibum.)

(Mishnah): Two brothers were married to two sisters who are (orphaned) minors; one brother died. His wife is exempt from Yibum and Chalitzah due to her sister. The same applies to two Chereshos (deaf-mute sisters).

[If the sisters are] an adult and a minor - if the minor's husband died, she leaves (is exempt from Yibum and Chalitzah) because [she is the Yavam's] Achos Ishto;

If the adult's husband died - R. Eliezer says, we train the minor to do Mi'un (and her sister does Yibum);

R. Gamliel says, if she does Mi'un on her own, fine. If not, she waits (to have Bi'ah) until she grows up, and then her older sister leaves due to Achos Ishto;

R. Yehoshua says, woe to him for his wife, woe to him for his brother's wife! He divorces his wife, and does Chalitzah to his brother's wife.

(Gemara) Question (R. Yudan): Just like you say there (Mishnah 10:8, if a nine year old had Bi'ah with his Yevamah, and married another woman in adulthood, and then he died, the Yavam does Chalitzah to the side acquired in [the first] and [may] enter her Tzarah - also here, he should do Chalitzah to the side acquired in the minor, and enter her Tzarah (the Chereshes)!

Question: Rather than challenging R. Yehoshua (why he holds that he cannot enter either), challenge R. Lazar!

Can you not challenge R. Eliezer? R. Eliezer is from Beis Shamai, and Beis Shamai say that only Arusos do Mi'un! (Our Mishnah says 'two brothers Nesu'in to two sisters.' We explained this like RIDVAZ.)

[In the Reisha of our Mishnah,] like the Kinyan of this, so is the Kinyan of this (both are Ketanos or Chereshos. Therefore, the Yevamah is exempt.)

Our Mishnah did not teach about a Ketanah and a Chereshes, but R. Chiyah taught a Beraisa about a Ketanah and a Chereshes. If the Ketanah's husband died, the Chereshes' husband divorces [his wife] with a Get, and the Ketanah waits until she matures, and does Chalitzah. (We explained this like SHA'AREI TORAS ERETZ YISRAEL.)

Question: She should do Chalitzah immediately!

Answer: She cannot, due to R. Meir;

R. Meir says that one may not do Chalitzah or Yibum to a Ketanah, lest she be found to be an Ailonis.

(Continuation of R. Chiyah's Beraisa): If the Chereshes' husband died, the Ketanah's husband divorces [his wife] with a Get, and the Chereshes is forbidden forever (as long as the Yavam is alive, for she cannot do Chalitzah or Yibum);

If he transgressed and had Bi'ah with the Chereshes, he divorces her with a Get, and she is permitted [l'Shuk].

[Normally, Bi'ah Pesulah does not exempt Zikah. Here it does,] like R. Heila said, for her Tikun. (A Chereshes cannot do Chalitzah, so there is no other way to permit her.)

In our Mishnah [R. Gamliel] means that she waits until she grows up and reaches adulthood, and has Nisu'in [with her husband, and her older sister is exempt].

(R. Lazar): She may not have Nisu'in (Bi'ah l'Shem Kidushin), rather, she becomes Mekudeshes (mid'Oraisa through money or a document. Even though Zikah is uprooted retroactively, he may not be Mekadesh her through Bi'ah, for initially he has Bi'ah with Achos Zekukaso. This is based on OHR SOMAYACH Kuntres Zikah 20.)

(R. Yochanan): This is R. Gamliel's opinion - if one was Mekadesh the sister of his Yevamah, his Yevamah is exempted from Chalitzah or Yibum.

The Mishnah (4:8) that teaches 'a Shomeres Yavam [to Shimon and Levi], that his brother (Levi) was Mekadesh her sister [and Shimon died, Levi divorces his wife, and does Chalitzah to his Yevamah].' It is unlike R. Gamliel [who says that Kidushin exempts the sister from Yibum and Chalitzah].

(R. Chagai, in front of R. Ze'irah): Menachem said in the name of R. Yochanan that the Halachah follows R. Eliezer - if she did Mi'un, she did Mi'un.

Question: R. Eliezer says, we counsel the minor to do Mi'un, and you say so?! (If she did Mi'un, she did Mi'un connotes that we do not tell her to do so!)

(R. Ze'irah citing R. Chiyah citing R. Yochanan): The Halachah follows R. Yehoshua - if she did Mi'un, she did Mi'un.

Question: R. Yehoshua says, woe to him for his wife, woe to him for his brother's wife (this connotes that even Mi'un will not permit her sister to do Yibum), and you say so?! (PNEI MOSHE)

(R. Heila citing R. Yosi citing R. Yochanan): The Halachah follows R. Gamliel, for R. Yehoshua agrees to R. Gamliel that if she did Mi'un, she did Mi'un [and her sister can do Yibum]. If not, she waits until she matures (and then the Yevamah is exempted. R. Yehoshua adds that) if not (he does not want them to be Agunos until she matures), he divorces his wife with a Get, and does Chalitzah to his Yevamah.