(Beraisa - Aba Sha'ul): Beis Hillel were more lenient about this [Isur].

Question: Is this detrimental [that they were lenient about this]?!

Answer: No, it is praiseworthy - they say, what Isur is here?!

(Beraisa - in the name of R. Shimon): If they did Yibum, they remain married. This is if they had Bi'ah at once. (SHA'AREI TORAS ERETZ YISRAEL - it is not precisely the same moment, for it is impossible to be exact. Rather, if one did Yibum first, he is forbidden to [have Bi'ah against with] her until the other does Yibum. (Also according to R. Yosi ha'Gelili, who says that Efshar Letzamtzem, it would be very unusual or immodest that it was simultaneous and this is known, e.g. they heard lightning at the moment of Bi'ah, or someone outside the rooms called out 'one, two three, have Bi'ah!' - PF)

According to Aba Sha'ul, l'Chatchilah he may have Bi'ah (do Yibum). According to R. Shimon [it is forbidden l'Chatchilah. He permits to remain married] if he transgressed and had Bi'ah.

If the first did Yibum and had Bi'ah, he tells the second (other brother) to have Bi'ah (and remove Zikah from her sister). If [the second] did not have Bi'ah, the first may not have a second Bi'ah, lest one of them (i.e. his brother) die (and he will need to do Chalitzah to his wife's sister), and it turns out that he had Bi'ah with his Yevamah's sister;

(Beraisa): If [after the first brother did Yibum,] the second died, the first sends away his wife with a Get, and his brother's wife with Chalitzah.

Question: Even if the second died [is there still Zikah to forbid the one who did Yibum]? This is unlike R. Shimon, for R. Shimon exempts the second [sister] from Chalitzah or Yibum!

Answer (R. Ze'orah): I resolved this [even according to R. Shimon]. Any Yevamah who needed Chalitzah, is not permitted without Chalitzah. (I.e. initially the sisters fell to two brothers, so both needed Chalitzah.)

If the first [sister] had a Tzarah, and he had Bi'ah with [the sister], and did Chalitzah to her, the Tzarah is not exempted. It is Bi'as Isur, and [therefore] the Tzarah is not exempted.

Question: If he had Bi'ah with her and did Chalitzah to her, no matter what you will say, [the Tzarah should be exempted]! If Chalitzah [took effect for the Bi'ah was Asur], it permits. If Bi'ah [was permitted], it permits! (If his brother will do Yibum or Chalitzah with the sister, the Zikah is removed retroactively, and the Bi'ah was permitted. We explained this like NO'AM YERUSHALMI.)

Answer (R. Yudan): I answered this like the following. If one did Yibum and she was found to be pregnant, just like you say there that her Tzarah may not marry until she knows how she was permitted, through the fetus (if it is viable) or through Bi'ah, also here her Tzarah may not marry until she knows how she was permitted, through Chalitzah or through Bi'ah!

If the first [sister] had a Tzarah, he does Yibum with the Tzarah, and keeps his wife. He is forbidden to the second (sister, even though the first sister is no longer Zekukah).

Question #1: One is permitted to the sister of the Tzarah of Chalutzaso (even though he is forbidden to Achos Chalutzaso. Also here, he should be permitted to the sister of the Tzarah of Ishto, even though he is forbidden to Achos Ishto!)

Question #2: [Since he will need to do Chalitzah to the second sister,] he should be forbidden to the Tzarah, for [she will be] the Tzarah of Achos Chalutzaso!

Answer (R. Yudan): Had he wanted to have Bi'ah with the Tzarah [even] before he did Yibum (and uprooted Zikah from her sister), was he not permitted?!

Is he permitted at the beginning, and forbidden at the end (after he does Chalitzah)?! If you say so, it turns out that he makes an [Isur] Tzarah after death, but there is no Tzarah after death! (We explained this like RIDVAZ.)

If there were five brothers, and three of them were married to three sisters and they died, Rav says that this [remaining brother] does Chalitzah to one, and this [brother] does Chalitzah to [another] one, and the third [sister] gets Chalitzah from whichever brother she wants.

(Shmuel): This [brother] does Chalitzah to one, and this does Chalitzah to one, and the third gets Chalitzah from both of them.

Explanation: Rav holds that Chalitzah is a Kinyan (it is as if he married her, and divorced her through Chalitzah. The third is like Achos Ishto (who is forbidden even after divorce) of both brothers. She needs Chalitzah only mid'Rabanan, since she needed Chalitzah when she fell to Yibum.) Shmuel holds that Chalitzah is an exemption. (It is not a Kinyan. She needs Chalitzah mid'Oraisa. Since neither brother may do Yibum, the Chalitzah is Pasul, so she must do Chalitzah with each brother.)

R. Ze'ira holds that Chalitzah is a Kinyan. R. Heila that Chalitzah is an exemption.

The words of the following Rabanan show that Chalitzah is an exemption;

Question (Shimon bar Ba, to R. Yochanan): What is the difference between Chalitzah and divorce? (A Mishnah teaches that if Reuven did Chalitzah to Leah, and his brother Levi married her sister, and Levi died, she does Chalitzah and not Yibum. If Reuven divorced Leah, and his brother married her sister, and died, the widow is exempt.)

Answer (R. Yochanan): Do you think that Chalitzah is a Kinyan?! It is only an exemption. The [other] brothers are not liable for [the Chalutzah] because she was [considered] the wife of the Choletz, rather, because she was the wife of the dead brother. (Shimon bar Ba accepted this answer.)

(Levi): Zikah is a Kinyan, and each [widow] needs Chalitzah from both of them (every Chalitzah is Pasul, for he could not do Yibum).

Question (against Shmuel - Mishnah 4:7): One who does Chalitzah to his Yevamah, he is forbidden to her relatives, and she is forbidden to his relatives.

Answer: Here is different, for he could have acquired her (done Yibum, therefore Chalitzah is like a Kinyan. When sisters fell together, it was forbidden to acquire, so it is an exemption.)

Question (against Rav - Mishnah): If Reuven did Chalitzah to his Yevamah, and his brother Levi married her sister, and Levi died, she does Chalitzah and not Yibum.

This supports the opinion that Chalitzah is an exemption. However, according to the opinion that it is a Kinyan, does a person intend to acquire two sisters at once?! (Chalitzah should not be needed!)

Answer: He explains it after death [of his wife. Then, her sister is permitted.]

Question: If it is after death, Yibum [should be permitted]!

Answer: This is like R. Lazar. R. Lazar says that even though the cause [for the Isur] is Batel, the Isur remains in its place.

Question (against Rav - Mishnah): If there were three brothers, and two of them were married to two sisters and one (Levi) was single, if a husband of a sister died, and Levi gave a Ma'amar, and afterwards his other married brother died - Beis Shamai say, he keeps his wife, and the other goes out due to Achos Ishto;

Beis Hillel say, he expels his wife with a Get, and his brother's wife with Chalitzah.

This supports the opinion that Chalitzah is an exemption. However, according to the opinion that it is a Kinyan, does a person intend to acquire two sisters at once?! (Chalitzah should not be needed!)

Answer: He explains it after death [of Ba'alas ha'Ma'amar].

Question: If it is after death, Yibum [should be permitted]!

Answer: This is like R. Lazar. R. Lazar says that even though the cause [for the Isur] is Batel, the Isur remains in its place.

Question (against Rav - Mishnah): If there was a Shomeres Yavam, and his brother (Levi) was Mekadesh her sister, in the name of R. Yehudah ben Beseira they said, we tell [Levi] 'wait until [your brother] does an action (Yibum or Chalitzah);

If [one of] the brothers did Chalitzah or married her (Yibum, Levi) may marry [his Arusah]. If the Yevamah died, he may marry [his Arusah]. If the Yavam died, he expels his wife with a Get and his brother's wife with Chalitzah.

This supports the opinion that Chalitzah is an exemption. However, according to the opinion that it is a Kinyan, does a person intend to acquire two sisters at once?! (Chalitzah should not be needed!)

Answer: This is like R. Lazar. R. Lazar says that even though the cause [for the Isur] is Batel, the Isur remains in its place.

Question (against Rav - Mishnah): If the Kohen Gadol's brother died, he does Chalitzah and not Yibum.

This supports the opinion that Chalitzah is an exemption. However, according to the opinion that it is a Kinyan, do we tell [the Kohen Gadol] to transgress Divrei Torah [and acquire a widow]?!

Question (against Rav - R. Chama, the colleague of Rabanan - Mishnah): If there were three brothers, and two of them were married to two sisters, or a woman and her daughter, or a woman and her daughter's daughter, or a woman and her son's daughter, (if the married brothers die,) they do Chalitzah but not Yibum.

Is there any difference in the Isur of a woman and her daughter between in her lifetime and after death?! (We cannot answer that Chalitzah is needed after death, for also then, he cannot do Yibum!)

Conclusion: These last two [Mishnayos] are unlike Rav. One cannot resolve [his opinion with] them.