(Mishnah): If Reuven did Chalitzah with Leah and then his brother married her sister, then died, Reuven does Chalitzah, but not Yibum;

Similarly, if Reuven divorced his wife and then his brother married her sister, then died, the widow is exempt (from Chalitzah and Yibum);

R. Yehudah ben Beseira says, if Reuven was Mekadesh the sister of his Yevamah we tell him to wait until his brother (Shimon) does Yibum or Chalitzah. After that, he may make Nisu'in;

If the Yevamah died, he may make Nisu'in. If Shimon died, Reuven divorces his wife and does Chalitzah to the Yevamah.

(Gemara) Question: Why does it say 'similarly'? (The Halachah is different!)

Correction: It means 'however, if he divorced...'

(Reish Lakish): In this Mishnah, Rebbi taught that the Isur of the sister of one's divorcee is mid'Oraisa. The sister of one's Chalutzah is only mid'Rabanan.

(Mishnah): If Reuven was Mekadesh the sister of his Yevamah...

(Shmuel): The Halachah follows R. Yehudah ben Beseira.

Question: If Reuven's wife died, may he do Yibum?

Answer #1 (Rav): Yes.

Answer #2 (Shmuel): No.

(Rava): Rav holds that if a Yevamah was permitted, then forbidden, and the Isur lapsed, she becomes permitted again.

Question (Rav Hamnuna - Beraisa): Reuven and Shimon were married to Rachel and Leah (sisters); Levi (another brother) was single. Reuven died, Levi gave a Ma'amar to Rachel, and then Shimon died, and then Leah died. Rachel does Chalitzah, but not Yibum.

Why don't we say that she was permitted, forbidden, and permitted again when the Isur (Achos Zekukaso) lapses?

Rava was silent.

Answer (Rava, after Rav Hamnuna left): That Beraisa is like R. Elazar, who holds that once a Yevamah was forbidden, she remains forbidden forever.

Retraction (Rava): That is not a proper answer. R. Elazar said so only when she was forbidden when she fell to Yibum. Here, she was permitted when she fell, we have no source that R. Elazar would forbid her!

Defense (Rava): Indeed, it is a proper answer. We have a source!

(Beraisa - R. Elazar): If (a man was Mekadesh his Yevamah's sister, and) his Yevamah died, he is permitted to his wife. If his wife died, he does Chalitzah, but not Yibum, to the Yevamah.

Suggestion: Shmuel (who said above that she is forbidden) must hold like R. Elazar!

Rejection: No, he can hold like Chachamim (109a, who say that if a man divorced his wife, remarried her, and then died, she may do Yibum);

Chachamim permit because she was not prohibited after she fell to Yibum.

In our Mishnah she became forbidden after she fell, so Chachamim agree that she is forbidden!

(Mishnah): A Yevamah may not do Yibum or Chalitzah within three months of the death of her husband;

Similarly, no woman may become Mekudeshes or married for three months, whether or not she is a virgin, whether she was divorced or widowed, from Nisu'in or Kidushin;

R. Yehudah says, if she was only Mekudeshes she may get married. If she was married, she may become Mekudeshes. This does not apply to Arusos in Yehudah, since they are intimate with their husbands;

R. Yosi says, all women may become become Mekudashos, but a widow must wait until the Aveilus (mourning) over her husband ends.

(Gemara) Question: Granted, she may not do Yibum within three months, lest she is pregnant with a viable child, and they transgress Eshes Ach mid'Oraisa;

However, why is Chalitzah forbidden?

Suggestion: Our Mishnah refutes R. Yochanan, who says that Chalitzah of a pregnant woman is valid.

Question: He was already refuted!

Answer: We suggest that also our Mishnah refutes him! (This is worse, for perhaps he did not know the Beraisa that refuted him, but surely he knew the Mishnah!)

Answer #1: Our Mishnah is no refutation. Chalitzah is forbidden lest she give birth to a viable child, and we will need a proclamation that she is permitted to a Kohen.

Question: What is wrong with that?

Answer: If someone saw the Chalitzah and did not hear the proclamation, he will think that she is forbidden to a Kohen (and perhaps she will marry a Kohen)!

Question: This applies to a regular widow. If she was previously divorced (she is forbidden to a Kohen in any case), she should do Chalitzah!

Answer: Chalitzah deprives her of being fed (from her husband's estate).

Objection: This applies to one who fell to Yibum from Nisu'in. If she fell from Kidushin (she is not fed), how can we answer?

Answer #2: Rather, the reason is like R. Yosi.

(Beraisa): A man asked R. Yosi if he may do Chalitzah within three months. R. Yosi said that he may not.

The man: Why don't we do Chalitzah?

R. Yosi: "If he does not want to do Yibum" implies that he could do Yibum if he wanted. Only one who could do Yibum can do Chalitzah.

Question (Rav Chinena - Beraisa): All doubtful cases do Chalitzah, not Yibum.

Question: What are the doubtful cases?

Suggestion: We do not know whether or not the Kidushin to the deceased was valid.

Rejection: They can do Yibum in any case! (If she was not Mekudeshes, this is regular Nisu'in.)

Answer: Rather, a man was Mekadesh one of two sisters, and he does not know which one. The Beraisa says that they do Chalitzah (even though Yibum is forbidden)!

Answer: That is no difficulty! There, if Eliyahu would tell us which he was Mekadesh, she could do Yibum or Chalitzah;

Here, even if Eliyahu would tell us that she is not pregnant, we would not heed him and do Yibum!

A minor cannot be pregnant, yet even she may not do Yibum within three months!

(Beraisa): A Yevamah is fed from the estate of the deceased for three months. After this, she is not fed from his property, nor from the Yavam's property;

If the Yavam went to Beis Din (and was told to do Yibum or Chalitzah) and fled, she is fed from his property.

If a woman falls to a Yavam who is a minor, she is not fed from his property.

Question: Is she fed from the property of the deceased?

Rav Acha and Ravina disagreed about this.

The Halachah is, she is not fed. Shamayim punished her.