(Mishnah): How do they exempt their Tzaros? If Shimon's daughter (or any of the other 14 Arayos) Esther was married to Reuven, and Reuven had another wife, and he died, just like Esther is exempt (from Chalitzah or Yibum with Shimon), so is her Tzarah (Miryam).

If Miryam married (i.e. did Yibum) with Levi, and he had another wife (Tamar), and he died, just like his daughter's Tzarah (Miryam) is exempt [from Yibum with Shimon], so is her Tzaras Tzarah (Tamar).

This applies even 100 times (a widow does Yibum, and the Yavam dies, his other wives are exempt from Yibum with Shimon).

(Mishnah) Question: How is it that if she died, the Tzaros are permitted?

Answer: Shimon's daughter (or another Ervah) Esther was married to Reuven, who had another wife Miryam. If Shimon's daughter died or was divorced, and then Reuven died, Reuven's other wife is permitted [to do Yibum with Shimon].

Any [Ervah to Shimon] who could have done Mi'un but didn't, her Tzarah does Chalitzah but not Yibum (with Shimon).

(Gemara): Our Mishnah mother any [Ervah] who could have done Mi'un but didn't, and she died, her Tzarah does Chalitzah but not Yibum. (This is like R. Yochanan taught; if she were alive, she could do Mi'un to the Yavam to permit her Tzarah.)

(Mishnah): Six Arayos are more stringent than the 15 (Mishnah 1). Since these [six] can marry others, their 'Tzaros' are permitted (this will be explained):

The Yavam's mother;

His father's wife;

His father's sister;

His paternal sister;

The wife of his father's brother;

The wife of his paternal brother.

(Gemara) Question: How are these more stringent? Here (these) there is Kares, and here (the 15 of Mishnah 1) there is Kares! (Two of these have Misas Beis Din, but also most of the 15 have Misas Beis Din!) Here the child is a Mamzer, and here the child is a Mamzer!

Answer: What is their stringency? They can 'marry' the brothers only through Aveirah [Kares, so they are not really married, so the Tzaros are not really Tzaros].

Support (R. Chiyah - Beraisa): And all of [the Arayos], if they can marry the brothers without an Aveirah, the Tzaros are exempt from Chalitzah or Yibum.

(R. Chiyah - Beraisa): Tzarah is only [when falling to Yibum] from the brother.

Support: (R. Yosi - Mishnah): Because these can marry [only] others [but they cannot marry the brothers], their Tzaros are permitted.

Question (R. Yirmeyah): Even a Tzarah from the market (i.e. not from the brother, should be forbidden! We learn Tzaros from "Litzror", which does not mention the brother!)

Question (R. Yosah): Did R. Yirmeyah not hear R. Chiyah's Beraisa [that Tzarah is only from the brother]? Did he not hear our Mishnah, because these can marry [only] others, their Tzaros are permitted?!

Answer (R. Yosah): Yes, he heard it - he is like one who heard a matter, and challenged it.

Question (R. Yirmeyah): If one had Bi'ah with the Tzarah [of Ervah], is he is liable for her for Eshes Ach?

Answer (R. Yosi): If it were possible to have an [Isur] Tzarah without Eshes Ach, this would be a proper question. (Perhaps a mere Lav ("Litzror") forbids her, just like it forbids a Tzarah not in a case of Yibum);

[However,] it is possible to have Eshes Ach without a Tzarah. Is it possible to have a Tzarah without Eshes Ach?! (Every Tzarah is Eshes Ach without a Heter. Surely he is liable for Eshes Ach!)

Note: Based on OHR SOMAYACH (Kuntres Zikah), R. Yirmeyah asked a proper question, like R. Yudan's question below (2:2, according to OHR SOMAYACH's text). We reject R. Yosi and defend the question. It is possible to have [a Shomeres Yavam, i.e. a woman who fell to Yibum, and she is forbidden due to] Eshes Ach without a Tzarah (e.g. Eshes Achiv she'Lo Hayah b'Olamo). Can there be a Tzarah without Eshes Ach? E.g. Esther and Miryam fell to Yibum from Reuven, and Levi did Yibum with Miryam, and then Shimon was born, and Levi died. If Shimon is not related to either woman, R. Shimon permits Yibum with Miryam. (He forbids Eshes Achiv she'Lo Hayah b'Olamo only when she was Shomeres Yavam when he was born). However, if Esther is Ervah to Shimon, even if he were alive when Reuven died, Miryam would have been Tzaras Ervah to him. Perhaps also now that he was born after Levi did Yibum, Miryam is considered Tzaras Ervah to him!)

Question: (Our Mishnah taught Eshes Ach.) Is not Eshes Ach his Yevamah?! (She is permitted to the brothers!)

Answer (R. Yosi bei R. Bun): The case is, she had children from his brother.

(Mishnah): Beis Shamai permit a Tzarah (of Ervah) to the brothers;

Beis Hillel forbid.

If [Tzaras Ervah] did Chalitzah, Beis Shamai disqualify her from Kehunah (marrying a Kohen);

Beis Hillel permit.

If she did Yibum, Beis Shamai permit [her to Kehunah, if later she was widowed], and Beis Hillel disqualify.

Even though these disqualify and these are Machshir, Beis Shamai did not refrain from marrying women of Beis Hillel, and Beis Hillel did not refrain from Beis Shamai.

All laws of Taharah and Tum'ah, in which one school is Metaher and the other is Metamei, [even so] they did not refrain from making Taharos relying on each other.

(R. Simon citing R. Yosi citing Nehurai): Beis Shamai learns from "Lo Sihyeh Eshes ha'Mes ha'Chutzah l'Ish Zar" - the Chitzonah (outsider, i.e. the Tzarah who is not related to the Yavam) will not be to a stranger (rather, she falls to Yibum).

Beis Shamai [expound somewhat] like these Kusim, who do Yibum with Arusos and expel (exempt from Chalitzah or Yibum) Nesu'os. The expound Chutzah - the Chitzonah (an Arusah is outside, she never entered her husband's house).

Question: How do the Kusim expound "u'Ven Ein Lo"? (If only an Arusah falls to Yibum, surely there are no children!)

Answer (R. Yakov of the south, in front of R. Yosi): If he has no children from a Nesu'ah, the Chitzonah (Arusah) will not be to a stranger (rather, she falls to Yibum).

R. Yosi; The Kusim will not disgrace you, for you defend their Drashos! (It is not proper to do so.)

(Beraisa - R. Shimon ben Elazar): I said to Kusi 'Chachamim', 'who caused you to err, that you do not expound like R. Nechemyah?'

(Beraisa - in the name of R. Nechemyah): Any [word] that needs a Lamed at the beginning, and it does not have [a Lamed], it has a Hei at the end, e.g. [in place of] la'Chutz - Chutzah, l'Sa'ir - Se'irah, l'Sukos - Sukosah. ("Lo Sihyeh... ha'Chutzah" teaches that she may not marry a stranger. It does not exclude a Nesu'ah!)

Question (against R. Nechemyah): It says "Yashuvu Resha'im li'Sh'olah" (it has a Lamed at the beginning, and also a Hei at the end)!

Answer (Rava bar Zavda): [It teaches that they go to Gehinom, and they go] to the lowest place in Gehinom.