Yevamos Chart #5

Chart for Yevamos Daf 18b-19b

THE CASES OF "ESHES ACHIV SHE'LO HAYAH BA'OLAMO"
(must Reuven's wife perform Yibum or Chalitzah with Levi?)

KEY:
REUVEN - 1st brother, who died childless
SHIMON - 2nd brother, who was alive at the time that Reuven died
LEVI - 3rd brother, who was born after Reuven died

(A)
RABANAN
(B)
REBBI SHIMON
BROTHER BORN
BEFORE YIBUM
1 LEVI IS BORN,
THEN SHIMON DIES
She is exempt (1) R. Oshiya: She does Yibum (2)
Rav Papa : She is exempt *
2 LEVI IS BORN,
SHIMON DOES YIBUM,
THEN SHIMON DIES
She is exempt (4) R. Oshiya: She does Yibum (2)
Rav Papa : She is exempt *
BROTHER BORN
AFTER YIBUM
3 SHIMON DOES YIBUM,
THEN SHIMON DIES,
THEN LEVI IS BORN
She is exempt (3) She is exempt (3)
4 SHIMON DOES YIBUM,
THEN LEVI IS BORN,
THEN SHIMON DIES
She is exempt (4) She does Yibum
5 SHIMON DOES MA'AMAR,
THEN LEVI IS BORN,
THEN SHIMON DIES
She is exempt (5) She does Chalitzah (6)
(R. Oshiya:
she does Yibum (7))

*The Gemara concludes in accordance with this opinion.

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FOOTNOTES:

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(1) That is, the wife of Reuven does not fall to Yibum to Levi because Levi was not alive at the time of Reuven's death.

(2) This is because, according to Rebbi Oshiya, her Zikah to Shimon is considered to create a marriage-like bond, making it is as if Shimon had already married her (i.e., like case 4:B). According to the Gemara's conclusion, this bond is created only if Shimon is the only brother of Reuven at the time of Reuven's death. (The Yerushalmi accepts the opinion of Rebbi Oshiyah, that Rebbi Shimon argues with the Rabanan and requires Yibum in case #2 (when Shimon dies after performing Yibum). However, in case #1 (Shimon dies without performing Yibum), the Yerushalmi asserts that even Rebbi Shimon will exempt the Yevamah from Yibum. The reason the Yerushalmi differentiates between the two is because it maintains that Zikah is removed retroactively from any brother who does not peform Yibum or Chalitzah with the Yevamah. Since Shimon did not have Zikah to Reuven's wife he was not considered to have been married to her, and she remains to Levi an "Eshes Achiv she'Lo Hayah ba'Olamo" -- see Insights)

(3) This is the status of the wife of Reuven. The wife of Shimon is also exempt from Yibum because she, too, is "Eshes Achiv she'Lo Hayah ba'Olamo," since Levi was born only after Shimon died.

(4) This is the status of the wife of Reuven. The wife of Shimon is also exempt, because she is presently a Tzarah to woman who was originally the wife of Reuven, and is an Ervah to Levi (Eshes Achiv she'Lo Hayah ba'Olamo).

(5) This is the status of the wife of Reuven. The wife of Shimon, though, must do Chalitzah (since Ma'amar is not a full-fledged Kinyan and therefore Shimon's wife is not a full-fledged Tzaras Ervah).

(6) This is the status of the wife of Reuven. Shimon's wife, on the other hand, may perform either Yibum or Chalitzah (and by doing so she exempts Reuven's wife from the requirement of Chalitzah). This is because if we view Ma'amar as a Kinyan, and consider Reuven's wife to now be Shimon's wife, then the case is similar to case #4:B, and Levi may do Yibum or Chalitzah with any of the wives of Shimon. If we do not view Ma'amar as a Kinyan, then Reuven's wife is exempt from Yibum or Chalitzah, as in case #1:B.

(7) The Gemara does not openly discuss R. Oshiya's opinion in this case, but it would seem clear that this case can be inferred from cases #1:B and #2:B. Therefore, both Reuven's wife and Shimon's wife must perform Yibum (just in case Ma'amar is not like marriage, and they are falling to Yibum from two different brothers).