REVACH L'DAF
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SUMMARY
The Yavam is prohibited to marry the Tzarah of the relatives of the Chalutzah, because her relatives accompany her to Beis Din for the Chalitzah, and not everyone knows which one of them did the Chalitzah. However, he is permitted to the relatives of the Tzarah of the Chalutzah since the Tzarah does not accompany the Chalutzah to Beis Din.
If the Yavam does Chalitzah and his brother marries the sister of the Chalutzah and subsequently dies without children, the Yavam does Chalitzah, but not Yibum.
If a man divorces his wife, and his brother marries the sister of the former wife and subsequently dies without children, the Mitzvah of Yibum does not apply. (1)
If one of the brothers does Kidushin with the sister of the Shomeres Yavam, according to Rebbi Yehudah ben Beseira he must wait until the brother does Chalitzah or Yibum before he marries her. Once the brother does Chalitzah or Yibum, or if the Yevamah dies, he may get married. If the Yavam dies, he must divorce his wife and do Chalitzah to the Yevamah.
Rav and Rebbi Chanina: If one of the brothers performs Kidushin with the sister of the Shomeres Yavam and that sister dies, he is now permitted to the Yevamah. Shmuel and Rav Asi: He is prohibited to the Yevamah. (2)
Two brothers are married to two sisters, and one of the brothers dies. A third brother does Ma'amar with the Yevamah, and then the second brother dies, and the second sister falls to the third brother for Yibum. Subsequently the second sister dies. The third brother must do Chalitzah to the first sister, not Yibum. (3)
Rebbi Elazar: If one brother divorces his wife and remarries her, and then he dies without children, the Yavam does Chalitzah but not Yibum. Chachamim: He may do Yibum. (4)
A Yevamah may not do Yibum within three months of the death of her husband, because of the possibility that she is pregnant. If the child survives, the Mitzvah of Yibum will not apply and she will be forbidden to the Yavam.
A Yevamah may not do Chalitzah within three months of her husband's death. (5)
Rebbi Yosi says that a Yevamah may not do Chalitzah within three months of her husband's death. Since she may not do Yibum because of the possibility that she is pregnant, she also may not do Chalitzah. (6)
If a man performs Kidushin with one of two sisters and it is not known with which one, and he subsequently dies, the brother must do Chalitzah with both sisters.
Yibum may not be done within three months of the death of the husband, even if Eliyahu ha'Navi comes and tells us that the Yevamah is not pregnant, because a Ketanah who falls to Yibum also may not do Yibum within three months even though she certainly is not pregnant.
A Yevamah is supported from the estate of her husband for the first three months. Beyond the first three months, she does not receive support from the husband or from the Yavam. If the Yavam was instructed by Beis Din to do Yibum or Chalitzah and he ran away, the Yevamah is supported from his property.
A BIT MORE
1. Rebbi stated that the sister of a divorced wife is forbidden by the Torah and the sister of a Chalutzah is prohibition mid'Rabanan. This statement of Rebbi is based on this Mishnah that differentiates between the sister of a divorced wife and that of a Chalutzah.
2. Rav and Rebbi Chanina hold that he is now permitted to the Yevamah because at the time that the Yevamah fell to Yibum she was permitted to both brothers and even though she was forbidden in the interim to the brother that did Kidushin with her sister she reverts back to her original permitted state when her sister dies.
3. This Beraisa is following the opinion of Rebbi Elazar who holds that once a Yevamah is forbidden for one moment she is forbidden forever. Therefore in the case that the first sister became forbidden at the time that the second sister fell to Yibum because she became an Achos Zekukah, she remains forbidden even after the death of the second sister.
4. Rebbi Elazar holds that since at the time the brother divorced her she was prohibited to the Yavam because she was the divorced wife of a brother, she remains prohibited even after the brother remarries her and subsequently falls to Yibum. The Chachamim hold that since at the time she fell to Yibum she was permitted it makes no difference that at some time prior to the Yibum she was forbidden.
5. Although it seems reasonable to allow her to do Chalitzah within three months and to allow her to get remarried after the three month are up if she sees that she is not pregnant, however Reish Lakish holds that the Chalitzah of someone who is pregnant is not valid and maybe it will turn out that she is pregnant and if she subsequently miscarries the Chalitzah she had done originally will not be valid. For this reason she must wait until after three months to do Chalitzah to ensure that she is not pregnant at the time of the Chalitzah. Even according to Rebbi Yochanan who holds that the Chalitzah of a pregnant woman is a valid Chalitzah there is reason not to allow her to do Chalitzah within three month because maybe she is pregnant and if the child survives the Chalitzah would have turned out to be unnecessary and she will be permitted to marry a Kohen. Even if we announce that the Chalitzah was not valid and therefore she is permitted to a Kohen there may be some people who were not aware of the announcement and will says that she is invalid to marry a Kohen. Even if she was previously divorced and is any way invalid to marry a Kohen she may not do Chalitzah within three months because once she does Chalitzah she loses the support that she otherwise receives from the estate of her husband that died.
6. Rebbi Yosi maintains that only a Yevamah who is eligible for Yibum is also eligible for Chalitzah. Even though there are many instances in which Chalitzah is done even though Yibum is forbidden, that is because this law (that a Yevamah who is not eligible for Yibum is also not eligible for Chalitzah) is only l'Chatchilah, but b'Di'eved if the Chalitzah is done it is a valid Chalitzah. Therefore, in a case in which the Yevamah is permanently not eligible for Yibum (such as a case in which she is a sister of a Chalutzah, or a sister of a Zekukah), we certainly instruct her to do Chalitzah so that she will not be forbidden forever. However, in this case, it is just a matter of waiting three months before she may do Chalitzah.
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BRIEF INSIGHT
CHALITZAH WITH A PREGNANT YEVAMAH
Rebbi Yosi says that a Yevamah may not do Chalitzah within three months of her husband's death. Since she may not do Yibum because of the possibility that she is pregnant, she also may not do Chalitzah. This is because only a Yevamah who is eligible for Yibum is eligible also for Chalitzah. The Tosfos Yeshanim asks that Yibum is forbidden with a pregnant woman because of the possibility that the child will survive and the Mitzvah of Yibum will not apply, and yet Rebbi Yochanan maintains that the Chalitzah of a pregnant woman is a valid Chalitzah. The Tosfos Yeshanim answers that Rebbi Yochanan acknowledges that l'Chatchilah it is forbidden to do Chalitzah with a pregnant woman, but b'Di'eved if she miscarries, it turns out that she was eligible for Yibum all along. Therefore, Rebbi Yochanan rules that the Chalitzah is valid b'Di'eved.
QUICK HALACHAH
THE SUPPORT OF A YEVAMAH
A Yevamah is supported from the estate of her husband for the first three months, and her income is given to the Yavam. Beyond the first three months she does not receive support from the husband or from the Yavam. If the Yavam was instructed by Beis Din after three months and instructed to do Yibum or Chalitzah and he agreed to do Yibum, but then something unavoidable prevented him from doing so (for example, he became ill, or was forced to run away), he is obligated to support the Yevamah and she does not have to take an oath. (Shulchan Aruch EH 160:1)
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