It is assumed that the deceased brother preferred either the Ketanah or the Chareshes.." Could you kindly explain why preference is an issue (as opposed to a case of two "regular" tzoros)
Yitezchak Coffer, Thornhill, Canada
The difference between this case and a case of "regular" Tzaros, is that here both of the Kidushins are only Takanos d'Rabanan. When both wives are married min ha'Torah, there is no issue of preference,
however, here the Gemara assumed that the relative strength of the Takanah, and the resulting marriages should depend on preference. (Obviously not on an individual basis rather as a general rule.)
Dov Zupnick