REVACH L'DAF
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SUMMARY
Rav Sheravyah in the name of Rebbi: A Chalitzah Pesulah is sufficient. Chachamim: It is not sufficient.
Rav Ashi in the name of Rebbi: A condition that is made with the act of Chalitzah is not valid. Chachamim: It is valid.
Ravina in the name of Rebbi: A condition that is made with the Chalitzah is valid, but only if both sides of the condition are articulated. Chachamim: It is valid either way.
If the Yavam does Bi'ah first, anything that occurs after that is not valid.
Ben Azai rules that a Ma'amar after a Ma'amar is valid only with two Yavams and one Yevamah.
Shmuel says that Chalitzah that follows a Ma'amar does not exempt the Tzarah.
A Chalitzah Pesulah requires the participation of all of the brothers.
Rebbi Yochanan: A relationship between the brothers of the Chalutzah and the Chalutzah or the Tzarah is an Isur Lav. Reish Lakish: It is not an Isur Lav. (1)
Aba Yosef ben Yochanan says regarding both Chalitzah and Bi'ah that if it is done first, all subsequent actions are not valid. (2)
A Bi'ah with the Yevamah is a valid Yibum even if it was done b'Mezid, b'Shogeg, or b'Ones. (3)
A partial Bi'ah or an abnormal Bi'ah is regarded as a Bi'ah both for Yibum and for disqualifying the woman from marrying a Kohen.
Even if both the Yavam and the Yevamah did not have the Mitzvah in mind at the time of the Bi'ah, it is nevertheless a valid Yibum.
A BIT MORE
1. Reish Lakish: It is an Isur Kares, with the exception of a relationship between the brother that actually did the Chalitzah and the Chalutzah. In that case he agrees with Rebbi Yochanan that it is an Isur Lav.
2. However, if it is not done first, a subsequent action would be valid. There are three opinions altogether. Tana Kama: If the Bi'ah is not done first, then a subsequent action is valid, but an action done after Chalitzah is not valid even if it is not done first. Rebbi Nechemyah: Both regarding Bi'ah and Chalitzah, any subsequent action is not valid even if they were not done first. Aba Yochanan: Both regarding Bi'ah and Chalitzah, any subsequent action is valid if they were not done first.
3. Mezid means that it was done not for the Mitzvah but rather for the purpose of Znus. Shogeg means that he thought she was somebody else.
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BRIEF INSIGHT
YIBUM WITHOUT INTENTION
The Mishnah says that if the Yibum was done b'Mezid, it is a valid Yibum. This means that the Bi'ah was done for the purpose of Znus and not for the sake of the Mitzvah. The Nimukei Yosef says that this is not permitted l'Chatchilah. However, b'Di'eved, if the Yibum was done for ulterior motives, it is a valid Yibum. Therefore, the Mishnah is even in accordance with Aba Shaul, who says that if the Yibum was done because the Yavam found the Yevamah to be attractive, it is tantamount to having relations with an Ervah and the child born is close to being a Mamzer. Aba Shaul agrees that the Yibum is valid even if it was not done for the right reason. Even though mid'Rabanan it is tantamount to having relations with an Ervah, Aba Shaul agrees that b'Di'eved it is a valid Yibum.
QUICK HALACHAH
YIBUM THAT WAS NOT DONE FOR THE SAKE OF THE MITZVAH
If the Yavam has relations with the Yevamah, it is a valid Yibum even if it was done b'Shogeg, or if it was for the purpose of Znus, or if Nochrim physically forced him to do the Bi'ah. It is a valid Yibum whether he is Mezid and she is Shogeg or Anusah, or whether she is Mezid and he is Shogeg or Anus. Even if she is sleeping, or he did only a partial Bi'ah, it is a valid Yibum. (Shulchan Aruch EH 166:7)
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