chalitza cannot be through a shliach so Tnai doesn't work, as it needs to
be similar to Bnai Gad V'rueven, Gemara asks from Biah? Gemara answers that
"Ishkish Havayos Lehadodi".
(a) Chalitza, is also somewhat related to "havayos" why don't we say it is part
of "Ishkish..Lehadodi"? Perhaps because it is not "Havayos"? as it mainly to remove oneswelf from the zikah?
(b) How about Yibum itself, can maamar be done through a shliach? (perhaps
maamar is only DeRabbanan it doesn't matter.
I appreciate any clarification.
A hearty Yaasher Koach on your fine and valuble work.
Moishe Weiss
Sherman Oaks calif.
(a) Havayah means Kidushin as in v'Lo Siheyeh l'Ishah; the Hekesh is between the different Ma'asei Kidushin.
(b) Yibum of course cannot be done through a Shaliach and therefore T'nai does not work.
As you stated, Ma'amar is d'Rabanan. Whether or not Ma'amar helps through a Shaliach or with a Tenai is not discussed in the Gemarah Yevamos nor have I ever come across this most interesting question.
Conceivably it would depend on the Machlokes between Rebbi and the Rabanan in Yevamos 19b whether Ma'amar helps Ba'al Korchah. Rebbi who compares Ma'amar to Yibum would hold that Shaliach and Tenai do not help, while the Chachamim who compare Ma'amar to Kidushin would say that Tenai and Shali'ach would help.
We would most appreciate if anyone can share with us any other source that addresses this question.
Dov Zupnik
See Rema, Even Ha'Ezer 166:2 (from the Rivash).
Yitzchok Zirkind
Thank you very much for pointing out the Rema to us! The Rema, citing the Rivash, states explicitly that Ma'amar can be done with a Shali'ach. (See also the Pischei Teshuvah there, who cites a discussion whether this is true when there is more than one surviving brother, in which case the Shali'ach cannot do an act [for one brother] which will cause a "loss" to others (the other brothers).)