More Discussions for this daf
1. Ein Achareha Klum 2. Ma'amar and concurrency problems 3. Ma'amar and the Taz
4. Sequence of the Mishnah 5. Get of a Yevamah
DAF DISCUSSIONS - YEVAMOS 50

Robert asked:

To better articulate a question on Rabbi Aryeh Kaplan's Jewish Meditation regarding "concurrency" and "exclusive locks" I am seeking a reminder of from where I read about a "mimer" or "maamer" rabbinic enactment given to a yevama when a redeemer offers to redeem. I recall it came up during my chavrusa lerning of Kiddushin.

Any other sources where a concurrency problem is described (risk of multiple redeemers travelling from far away, when only one is needed, only one can be utilized) would also be of use.

Robert, New England, USA

The Kollel replies:

The Mishnah in Yevamos mentions Ma'amar in numerous places. (See Tosfos Yom-Tov to chapter 2, Mishnah 1, which is the first time it is cited.) The Tiferes Yisrael there (see notes 5 and 7) adds a little background. Briefly, Ma'amar, like a regular Kidushin, is produced when a Yavam gives to the Yevamah either money or a marriage document. Once he has done this, none of the other brothers is permitted to perform Yibum with her.

The Mishnah on 24a tells us that the oldest brother is given the first right to perform Yibum. His younger brother is given the opportunity only in the event that the older brother declines to do so. Should all the younger brothers refuse to perform Yibum, then Beis Din will force the oldest brother to perform either Yibum or Chalitzah.

E. Chrysler

Problems of concurrency apply to every type of Kinyan, be it a marriage or a sale of merchandise. Once a person has taken a woman for a wife or purchased an item, it is no longer possible for anyone to take that woman for a wife or purchase the merchandise from the original owner.

M. Kornfeld