(Mishnah): A minor [at least] nine years old and one day forbids a Yevamah to his (adult) brothers, and his brothers forbid a Yevamah to him (this will be explained). However, he forbids only at the beginning, and his brothers forbid at the beginning or end.

How is this? If the nine-year old and a day had Bi'ah with his Yevamah, he forbids her to the brothers. If the brothers had Bi'ah with her, or gave a Ma'amar or Get or did Chalitzah, they disqualified her to him.

(Gemara) Question: Does [a boy nine years old and one day] not forbid at the end?!

Answer: Only his Ma'amar [does not forbid at the end], but through Bi'ah he forbids [even] at the end, [Our Mishnah says that he forbids only at the beginning, and his brothers forbid at the beginning or end, for at the end,] he forbids [only] in one way (Bi'ah), and they forbid in four ways (Bi'ah, Ma'amar, Get or Chalitzah, like our Mishnah says), how is this? If a boy nine-years old and a day...

"V'Im li'Vno Yi'adenah" - one may be Meya'ed (marry his Amah Ivriyah) to his son; he cannot be Meya'ed her to his brothers.

Question: He should be able to be Meya'ed her to his brothers from a Kal v'Chomer!

A son does not stand in place of [his father] for Chalitzah or Yibum, yet he can be Meya'ed her to his son. A brother stands in place of [his brother] for Chalitzah or Yibum, all the more so one should be able to Meya'ed her to him!

Answer: [One can be Meya'ed her to] his son, for a son stands in place of [his father] for Sedei Achuzah (if a son redeemed a Sedei Achuzah that his father was Makdish, it is as if the father redeemed it, and it is not given to Kohanim in Yovel). Will you say [a Kal v'Chomer to] a brother, who does not stand in place of [his brother] for Sedei Achuzah? Since he does not stand in place of [his brother] for Sedei Achuzah, you cannot say that one should be able to Meya'ed her to him!

Question: One should stand in place of [his brother] for Sedei Achuzah [from the above Kal v'Chomer! A brother stands in place of his brother for Chalitzah or Yibum, even though a son does not. A son stands in place of his father for Sedei Achuzah. All the more so a brother should!

Answer: It says "v'Im li'Vno Yi'adenah" - one may be Meya'ed her to his son; he cannot be Meya'ed her to his brother. (Now, Yi'ud refutes the Kal v'Chomer that one should stand in place of [his brother] for Sedei Achuzah.)

Answer: It says "v'Im li'Vno Yi'adenah" - one may be Meya'ed her to his son; he cannot be Meya'ed her to his son's son.

Question (Shmuel bar Aba, to R. Ze'ira): In the Parshah of inheritance, you make a son's son like a son (if the son died, the son's son inherits in place of him), and here (Yi'ud) you do not make a son's son like a son!

R. Ze'ira: Whoever will tell me [the answer to] this matter, I will give to him sweet wine to drink!

Answer (R. Tanchum): In the Parshah of inheritance, you make a brother like a son and all other relatives like a son (if they are the closest living relatives), so you make a son's son like a son. Here (Yi'ud) you do not make a brother like a son and all other relatives like a son, so you do not make a son's son like a son.

Objection (Rabanan of Kisarin): In Parshas Tum'ah (relatives for whom a Kohen becomes Tamei to engage in their burial), you make a brother like a son and all other relatives like a son, and you do not make a son's son like a son (one is not Metamei for a grandson or grandfather)!

R. Tanchum: The sweet wine [that R. Ze'ira offered] was lost (my answer was refuted - PNEI MOSHE).

(Beraisa): "V'Im li'Vno Yi'adenah" - [Yi'ud to the son must be] with Da'as (knowledge or consent).

Rebuttal (R. Yosi): Da'as is not needed. (Below, a Beraisa teaches that a boy nine years and one day can make a widow who is forbidden to a Kohen Gadol, i.e. through Yi'ud, even though a minor has no Da'as.)

Defense (R. Yakov bar Acha): There is [a need for Da'as] here. [Yi'ud is only with an adult. The Beraisa about a widow] is like R. Yosi bei R. Yehudah (this will be explained).

Objection (R. Shmuel bar Avodama): Even if you will say that it is like R. Yosi bei R. Yehudah, he is not a minor. (He holds that if a boy brought two hairs after nine years, if they are still there when he is 13, he is an adult retroactively].

(Beraisa): "V'Im li'Vno Yi'adenah" - with Da'as.

(R. Yochanan): One may be Meya'ed her to his adult son or his minor son, with or without Da'as.

(Reish Lakish): One may be Meya'ed her only to his adult son, and only with Da'as.

(Beraisa): A boy nine years and one day can make a widow [who is forbidden] to a Kohen Gadol, or a divorcee or Chalutzah [who is forbidden] to a Kohen Hedyot.

Question: This is fine according to R. Yochanan, who establishes it through Yi'ud. Through Yi'ud, [the minor] has a Kinyan in her, and he makes a widow to a Kohen Gadol, or a divorcee or Chalutzah to a Kohen Hedyot;

According to Reish Lakish, who [says that Yi'ud is only to an adult, so he] explains that it is through Nisu'in, she should be exempt from Chalitzah or Yibum. A Mishnah teaches that if a minor married a woman [and he died], she is exempt [from Chalitzah or Yibum for he cannot be Mekadesh]!

Answer (R. Avin): Reish Lakish establishes it like R. Yosi bei R. Yehudah;

(Beraisa): If a boy from nine years and one day until 12 years and one day brought two hairs, they are Shuma (not a Siman of adulthood). R. Yosi bei R. Yehudah says, they are Simanim.

(R. Yakov bei R. Bun citing R. Yosi ben Chaninah): [R. Yosi bei R. Yehudah says that they are Simanim only] if they are still there at the time of Simanim (13 years and one day).

Question (R. Yosah): If they were still there at the time of Simanim, does he become an adult retroactively, or from now and onwards?

Answer: It is obvious to R. Avin that he becomes an adult retroactively, and all the more so from now and onwards, for he established Reish Lakish like R. Yosi bei R. Yehudah (retroactively, he was an adult from when he brought two hairs after nine years).

Question: Why didn't R. Yosi establish Reish Lakish like R. Yosi bei R. Yehudah? (R. Yosi inferred that Da'as is not needed, for a minor can make a widow through Yi'ud.)

Answer (R. Mana): R. Yosi was unsure about [the law] if the hairs were still there at the time of Simanim, whether he become an adult retroactively, or from now and onwards. (He said that Da'as is not needed, so even if adulthood is not retroactive, a minor can make a widow through Yi'ud.)

Question: Granted, [R. Yochanan holds that a minor who did Yi'ud can make] a widow. [How can he make] a divorcee?! (Divorce needs Da'as!)

Answer: The case is, a man did not have Bi'ah with her after he matured, and he gave a Get to her [after he matured. She is a divorcee due to Yi'ud when he was a minor.]

Question: [How can a minor make] a Chalutzah?! (The Choletz must be an "Ish"!)

Answer: The case is, he had Bi'ah with her, and died, and his brother did Chalitzah to her. Due to him, she became a Chalutzah.

Note: SEFER NIR asks why we must say that he had Bi'ah with her. He answers that perhaps the Yerushalmi holds that an Arusah through Yi'ud does not fall to Yibum. Alternatively, we discuss a minor who did Yibum, and the brother who did Chalitzah later was born after the first brother died. If not for the minor, it would not be considered Chalitzah, for she is Eshes Achiv she'Lo Hayah b'Olamo. According to the latter Perush, the coming question is only about a widow and divorcee.

Question: If so (the Beraisa discusses Yi'ud), it is even if he is less than nine years!

Answer (R. Shmuel bar Avodama): Because the Tana taught all of them regarding a nine year old, he taught also this with them. (This Beraisa teaches also other laws not mentioned here, e.g. if he had Bi'ah with Arayos.)

(R. Yudah bar Pazi): R. Yosi bei R. Yehudah learns from Achaz;

(Beraisa): Achaz fathered (Chizkiyah was conceived) when he was nine years old. Haran fathered [Sarah] when he was six, and Kalev was 10 [when he fathered Chur],

This is like the opinion that Kalev ben Chetzron is Kalev ben Yefuneh.

Note: The Meforshim explain like the Bavli. Betzalel was [at least] 13 when he built the Mishkan, for he is called "Ish". Kalev was 26 years older than his great-grandson. If Kalev was more than 10 when he fathered Chur, Chur or Uri would be less than 6 when he fathered! Why didn't R. Yosi bei R. Yehudah learn from Chur or Uri? Perhaps he holds that Kalev ben Chetzron is not Kalev ben Yefuneh. However, why did this Tana teach a small Chidush about Kalev, and not a bigger Chidush about Chur or Uri? I suggest that this Tana holds like R. Yosi bei R. Yehudah. Perhaps Betzalel was only nine when he built the Mishkan; Kalev was 30 years older than him. Kalev, Chur and Uri all fathered at the age of 10. The Tana does not learn from Haran, for that was before Matan Torah. However, why does he deduct a year for pregnancy regarding Achaz, and not regarding Kalev? Perhaps this Tana learns from Haran, and holds that Betzalel was six when he built the Mishkan; Kalev was 33 years older than him. (PF)

(Mishnah): If Levi, a nine year old, had Bi'ah with his Yevamah, and later his nine-year old brother Reuven had Bi'ah with her, he disqualified her to Levi;

R. Shimon says, he did not disqualify [her].

If a nine-year old had Bi'ah with his Yevamah Leah, and then with her Tzarah, he disqualified Leah to himself;

R. Shimon says, he did not disqualify.

If a nine year old had Bi'ah with his Yevamah and he died, she does Chalitzah, but not Yibum. If he married a woman, she is exempt [from Chalitzah or Yibum];

If a nine year old had Bi'ah with his Yevamah Sarah, and married another woman (Leah) after he became an adult, and then died -

If he did not have Bi'ah with Sarah in adulthood, Leah may do Chalitzah or Yibum. Sarah does Chalitzah, but not Yibum;

R. Shimon says, [the Yavam] may do Yibum or Chalitzah with either wife he wants, and does Chalitzah to the other.

A nine year old has the same law as a 20-year old who did not bring two hairs.

(Gemara - Shmuel): R. Meir said [to Rabanan], they made Bi'ah of a boy nine years old and one day like Ma'amar of an adult. And just like you say that they made Bi'ah of a boy nine years old and one day like Ma'amar of an adult, we should make Chalitzah of a boy nine years old and one day like the Get of an adult!

Rabanan say, Chalitzah of a boy at least nine years old and one day is nothing.

Why did they make Bi'ah of a boy at least nine years old and one day like Ma'amar of an adult? It is because Bi'ah of an adult acquires with or without Da'as. Should we make Chalitzah of a boy nine years old and one day like the Get of an adult? Chalitzah of an adult exempts only with Da'as!

Question: (If a nine year old did Yibum and died, why does she not do Yibum?) If a Shomeres Yavam fell to several Yevamim, perhaps she does not do Yibum?! (Why is it different if she falls from two Yevamim?)

Answer (R. Chiya): It says "u'Mes Echad Mehem" - the wife of Mes Echad does Yibum, but not the wife of two Mesim.

Question: (In Mishnah 3:10, if three brothers were married to unrelated women, and one died, and one gave a Ma'amar to the Yevamah, and then he died, both Yevamos do Chalitzah, but not Yibum. Granted, the first to fall is Eshes Shnei Mesim.) Why can't the second do Yibum?

Note: We discuss the first Tana there. R. Shimon argues and permits either to do Yibum, and the other does Chalitzah.

Answer (R. Lazar): [The first Tana] is like R. Meir. R. Meir says, whenever one cannot do Yibum with a Yevamah, he cannot do Yibum with her Tzarah.

R. Yochanan: R. Lazar heard this from me, and said it [in his own name]!

Question (R. Yosi - Mishnah): If a nine year old had Bi'ah with his Yevamah and he married Leah after he became an adult, [and then died] - if he did not have Bi'ah with Sarah in adulthood, Leah may do Chalitzah or Yibum. Sarah does Chalitzah, but not Yibum.

Here (Mishnah 3:10), it says that [the Tzarah] does Chalitzah, and here (in our Mishnah) she may do Yibum (even though her Tzarah may not do Yibum! If Chachamim of R. Shimon hold like R. Meir, also there they should forbid Yibum with the Tzarah!)

Note: I did not understand the other Meforshim, who say that R. Yosi supports R. Yochanan. I gave my own Perush. (PF)

Answer: [There, the first Tana] says that [both] do Chalitzah - R. Meir argues with R. Shimon. Here [the first Tana] says that [the Tzarah] may do Yibum - R. Shimon argues with Rabanan [who argue with R. Meir. They do not say that any woman that you may not do Yibum with her, you may not do Yibum with her Tzarah.]