REVACH L'DAF
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SUMMARY
Rav Huna says that it is a Mitzvah for the Yavam to first do Kidushin with the Yevamah and only afterwards to do the Bi'ah. (1)
When a Ma'amar takes place, the Zikah of Yibum dissolves and is replaced by the Zikah of Eirusin and Nisu'in.
Rav gave Malkus Mardus to a person who was Mekadesh with Bi'ah. (2)
Rav gave Malkus to someone who was Mekadesh a woman in a market place or was Mekadesh a woman without first making the Shiduch. (3)
Rav Sheshes gave Malkus to a man who passed by the house of his mother-in-law. (4)
The Mitzvah of Ma'amar is performed by giving the Yevamah a Perutah and saying to her, "Be Mekudeshes to me with Ma'amar Yevamin."
If a Yavam gives the Yevamah a Get and says, "You are divorced from me, but you are not permitted to anybody else," it is no longer permissible to do Yibum. (5)
If a man has a Get written during Eirusin for the purpose of using it after Nisu'in, it is a valid Get b'Di'eved. (6)
If a person has a Get written for a Yevamah with whom he did not yet do even Ma'amar, it is an unresolved question whether the Get is valid.
According to Rava, a Yavam may give a Get for a Ma'amar without the Zikah.
Rebbi Akiva: A Ma'amar that follows Chalitzah is not valid. Chachamim: It is valid. (7)
Once a Yavam gives a Get to the Yevamah, she is forbidden to him forever mid'Rabanan.
Rebbi: A Ma'amar that follows Chalitzah is valid only if the Kidushin was not for the purpose of Yibum. Chachamim: It is valid even if the Kidushin was for the purpose of Yibum.
If a Ger died without heirs and someone hoed his land thinking that it was his own land, it is not a Kinyan. (8)
A BIT MORE
1. If the Bi'ah is done without doing Kidushin first, it is a valid Yibum b'Di'eved, but it is regarded as Pritzus (a breach in modesty).
2. Some says that he gave Malkus only if he was Mekadesh with Bi'ah without first making the Shiduch.
3. He also gave Malkus to: (a) someone who annulled a Get, (b) someone who notified the witnesses that a Get is Pasul, (c) a person who speaks with Chutzpah to an agent of the Beis Din, (d) someone who is excommunicated and does not come to Beis Din within 30 days to have the excommunication removed, and (e) a man who lived with his mother-in-law.
4. The man was suspected of having a relationship with his mother-in-law, and therefore he was not allowed even to pass by her house.
5. Even though such a Get is not valid to allow a woman to get remarried since it does invalidate a woman to a Kohen, it may be confused with a valid Get and thus it invalidates her from Yibum.
6. The Get is valid, because if he wanted he could have divorced her right now. However, if he has a Get written for a woman whom he was not yet Mekadesh, it is not a valid Get and cannot be used even if he ends up being Mekadesh her. Even in the case when he wrote it after Eirusin, it is valid only b'Di'eved, because it is regarded as a Get Yashan (when the couple were in seclusion together after the Get was written.)
7. Rebbi Akiva: Kidushin with an Isur Lav is not valid. Therefore, a Ma'amar with a Chalutzah does not work, because a Chalutzah is an Isur Lav. Chachamim: Kidushin with an Isur Lav is valid.
8. His act is not a valid Kinyan because he did not intend to acquire the land with his act. However, if he hoes the property of one Ger who died without heirs thinking that it belongs to a different Ger who died without heirs, it is a valid Kinyan, since he had in mind to make a Kinyan.
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BRIEF INSIGHT
YIBUM WITHOUT KIDUSHIN
Rav gave Malkus Mardus to a man who was Mekadesh with Bi'ah. Rabeinu Tam says that this applies even for Yibum, because it is an act of Pritzus to perform the first Kinyan with Bi'ah. The Maharsha explains that without the explanation of Rabeinu Tam, one might have thought that the reason for the Malkus is that since Kidushin requires witnesses, it is Pritzus to have witnesses for the Bi'ah, and consequently that would not apply to Yibum which, in any case, requires Bi'ah and there is no choice but to bring witnesses. Therefore, Rabeinu Tam explains that the Pritzus is not the presence of the witnesses but the fact that the first Kinyan is being done with Bi'ah, and that applies to Yibum as well.
QUICK HALACHAH
MA'AMAR WITH THE YEVAMAH
Min ha'Torah, the Yavam does not need to be Mekadesh the Yevamah. He needs only to do Bi'ah. However, the Chachamim decreed that prior to Bi'ah he must do Kidushin with money or with a Shtar in the presence of witnesses, and this is called Ma'amar.
At the time of Kidushin, he says to her, "Be Mekadesh to me with Ma'amar Yevamin." The Ma'amar is not a complete Kidushin, because she is the wife of his brother, and the Torah permits her only with Bi'ah (i.e. the fulfillment of the Mitzvah of Yibum). Therefore, if he wants to divorce her after the Ma'amar, a Get alone does not suffice. He also must do Chalitzah. (Beis Shmuel)
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