What are the implications of "Vehayah ha'B'chor"?
Rashi: It implies that the oldest brother is the one who should perform Yibum 1 (Lechatchilah). 2
Yevamos, 24a: We learn via a Gezeirah Shavah "al-Shem Achiv" "al'Shem Acheiham" in Vay'chi Bereishis, 48:6, in connection with Ya'akov and Efrayim and Menasheh, that the Pasuk is referring not to the baby that is subsequently born, 3 but to the Yavam himself. 4 See answer #1.
Refer to 25:6:1.5:1..
The Yerushami in Yevamos, 1:1 learns this from the fact that the Torah writes "al-Shem Achiv ha'Meis" and not 'al-Shem Achi Aviv ha'Meis'.
See Torah Temimah, note 87. Yevamos, Ibid.: And this is a rare case where a Gezeirah Shavah negates the literal meaning of the Pasuk.
How do we know that where the B'chor is no longer alive, Yibum can be performed by any of the other brothers?
Yevamos, 24a: Because, in the previous Pasuk, the Torah wrote "u'Meis Achad meihem", implying any of the brothers - even the B'chor - and one of the other brothers performs Yibum, preferably the oldest one. 1
Why does the Torah compare the Yavam specifically to a B'chor?
Refer to 25:6:1.1:1.
Yevamos, 24b: To teach us that the Yavam, like a B'chor, only inherits what his deceased brother actually possessed, but not what is owed to him - 'be'Muchzak ve'Lo be'Ra'uy'. 1
Bava Basra, 12b: To teach us that, if his father dies and he has brothers, he takes a double portion (his portion and that of his deceased brother) in his father's property. 2
Bechoros, 52a: To teach us that, like a B'chor, the Yavam does not take any improvements that the brothers made in their father's property after his death but before the division.
Bechoros, 52b: To teach us that, like a B'chor, if the Yavam sells the property that he inherited from his deceased brother, it must be returned to him in the Yovel.
What are the implications of the word "Vehayah ha'Bechor"?
Bava Basra, 12b: Refer to 25:6:1.2:3. It implies that, although he receives two portions in his father's property, he receives them separately (via two Goralos) as opposed to a B'chor who received his two portions together - via one Goral ('Havayaso ki'Bechor, ve'Ein Chalukaso ki'Bechor'). 1
See Torah Temimah, note 92.
Why does the Torah add the words "asher Teiled"?
What are the implicatons of the phrase "Yakum al-Shem Achiv"?
Rashi, Ramban #1 (citing the Sifri) and Targum Yonasan: It implies that whoever performs Yibum inherits his deceased brother's property 1 (even if he does so based on the testimony of the Yevamah - Yevamos, 117b 2 [and even if he is not the B'chor - Yevamos, 24a]). 3
Ramban #2: It is a promise - that they will have a child (who will replace the Neshamah of the deceased brother). 4
Rashbam: According to the simple P'shat it means that the person who is born stands in place of the Yavam's deceased brother.
Yevamos, 24a: Refer to 25:6:1:2.
Yevamos, 117b: It teaches us that, if the Yavam performs Yibum after the Yevamah testifies that her husband died, he inherits his brother's property. 5
See Torah Temimah, note 99.
See Torah Temimah, note 100. See answer #4.
See Torah Temimah, note 98.
See Ramban, who explains that the current D'rashos are Asmachtos. See R. Chavel's footnotes.
See Torah Temimah, note 100 ? as opposed to a regular case which does not involve Yibum, where the woman can get married, but her children may not take their father' property. See also Torah Temimah, notes 101 & 102.
Why can we not explain the Pasuk literally - that the Yavam's first baby is named after the deceased brother?
Yevamos, 24a: Because a Gezeirah Shavah "al Shem" "al Shem" from "Acheihem Yikar'u be'Nachalasam" in Bereishis, 48:6 (regarding Efrayim and Menasheh) teaches us that the Pasuk is discussing (not naming the son of the Yavam, but) the Yavam inheriting his brother. 1
Oznayim la'Torah: Because then the Torah ought to have written 'Yakum al-Shem Achi Aviv ha'Meis'.
Why does the Torah add the (otherwise superfluous) word " al-Shem Achiv ha'Meis"?
Yevamos, 24a: To teach us that if after Shimon performs Yibum with the wife of his brother Reuven, he dies, Levi is permitted to perform Yibum with her. 1
What are the implications of "ve'Lo Yimacheh Shemo mi'Yisrael"?
Rashi and Ramban (citing the Sifri): It implies that if the name of the deceased is already blotted out - he is a Saris who cannot have children - then his brother is exempt from Yibum. 1
Seforno: It implies that the baby that is subsequently born to the Yavam and the Yevamah are a perpetuation of the deceased brother's name - inasmuch as the Yibum is based on his initial Kidushin with the Yevamah. 2
Yerushalmi Yevamos, 4:1: It implies that if Reuven dies, leaving his wife pregnant, she is not subject to Yibum - since Reuven's name is not blotted out. However, she is not permitted to get married to someone else, until it is known that the baby will live. 3
Oznayim la'Torah It implies that as a result of Yibum, the Neshamah of the deceared brother will not be erased from the communal Neshamah of Am Yisrael. 4
