1. a) Isn't Ma'maar is kinyon d'rabbonon?
b) Is not the yevomma a wife d'rabbonon by ma'maar?
Please correct me if I am mistaken.
The mitzvah of yibum is one be'ah and they are not married as a result of the action me'd'orysah. D'rabbonon the ma'mar yibum causes marriage without kidusshin, and kesubah is not in the picture at all as an obligation of the yevom.
In place of wife for this issue perhaps 'the d'rabbonon acquisition of Rachel' with all its implications of marriage.
2. "Likewise, only a Ma'amar of Heter totally acquires, not a Ma'amar of Heter!" Is the last word heter meant to be isur?
Sincerely,
Gary Kinberg
1) a) Yes, it is Kidushin mid'Rabanan.
b) Yes.
Yes, the Mitzvah of Yibum is one Bi'ah, but they are married as a result of this.
Mid'Oraisa, Yibum makes full marriage, i.e. Kidushin and Nisu'in. The enacment of Ma'amar is to make Kidushin mid'Rabanan before Bi'ah. Her Kesuvah is collected from the property of the deceased before or after Yibum (just if the Mes did not leave enough property for a Kesuvah, after Yibum she has a lien on the Yavam's property for a Kesuvah.
I do not see a problem with translating 'Ishto' simply to mean wife, for there is Kidushin mid'Rabanan. Also, Beis Shamai hold that Ma'amar works mid'Oraisa, so surely she is called a wife. Perhaps Beis Hillel call her "Ishto" because Beis Shamai did. However, we find that a woman married mid'Rabanan is called 'Ishto', e.g. an orphaned minor.
2. You are correct. We will update the file.
Pesach Feldman
The Halachah is that Kidushin takes effect even if there is an Isur Aseh or Lav forbidding Bi'ah, as long as there is no Kares. (See Yevamos 49b, which assumes that Mamzerim result from Isurei Bi'ah that inhibit Kidushin. Yevamah l'Shuk is thenly possible exception.)
Even R. Akiva, who holds that even a Lav prevents Kidushin, agrees that sometimes it does not (e.g. Isurei Kehunah.) Such marriages are improper and forbidden, but it is Halachic marriage and there is a Chiyuv Misah for any other man to have relations with her before she gets a Get.
PF