Question (Talmidim): What is the case [in which we force him to do Chalitzah]?

If it is like Mishnah Rishonah [this cannot be, for] we heard [from it] that the Mitzvah (l'Chatchilah) is to do Yibum!

If it is like Mishnah Acharonah [this is difficult, for] we heard that the Mitzvah is to do Chalitzah. Did we hear that we force [him to do Chalitzah, if he wants to do Yibum?! We explained this like SHA'AREI TORAS ERETZ YISRAEL.]

Answer (Rav Huna citing Rav): [Our Mishnah] is when he gave a Get in her hand (so he cannot do Yibum). He says that it is a Get for a [regular] wife (after he did Yibum), and she says that it is a Get Yevamah;

Within 30 days, the Chazakah is that he did not have Bi'ah, so we force him to do Chalitzah;

Note: R. Meir said only that a man can refrain 30 days. There is no Chazakah that he refrained! Perhaps the Gemara means that it is unreasonable that she is lying (if they really had Bi'ah, why would she deny it? She does not gain anything through Chalitzah!), so since there is no Chazakah against her, she is believed. (PF)

After 30 days, we request that he do Chalitzah.

Question (R. Yosi): After 30 days there is a Chazakah that he had Bi'ah, and you say that we request [that he do Chalitzah?! We can tell him to have Bi'ah again! - CHESHEK SHLOMO, HA'GAON RAV C. KANIEVSKY, SHLITA.)

Answer (Rav Huna citing Rav): [Our Mishnah] is when he gave a Get in her hand. He says that it is a Get for a [regular] wife, and she says that it is a Get Yevamah;

Within 30 days, the Chazakah is that he did not have Bi'ah, so we force him to do Chalitzah;

After 30 days, we request that he do Chalitzah.

In such a case, that he says 'I had Bi'ah', and she says 'I did not have Bi'ah', obviously he feeds her. (NO'AM YERUSHALMI - according to his claim that she is his wife, he must feed her. According to her claim, he is exempt. The Yerushalmi holds unlike the Bavli) that in such cases, one who admits that he owes, he must pay.

Obviously, he does not inherit her (if she died, for her family is Muchzak, and he cannot prove that she was his wife);

Question: We ask only about whether or not he inherits [all] his brother's property. (Even if his father is dead, and he surely inherits part because he is a brother, and the other brothers are Safek (if he did Yibum, they do not inherit at all), his claim why he inherits is not Vadai, so we do not say 'a Safek cannot take from a Vadai', like above (4:2). CHAZON ISH (EH 124:12) - perhaps he is believed about the Mitzvah of Yibum, and to exempt the Tzarah, so he is believed also about inheritance due to Yibum. Or, only one who bequeaths is believed for inheritance; he is Vadai, and the Chazakah supports him, and her claim does not help for his brothers.)

If she says 'I had Bi'ah', and he says 'I did not have Bi'ah', obviously he need not feed her (she cannot take from him without proof);

Obviously, he does not inherit [all] his brother's property (according to his own claim);

Question: We ask only about whether or not he inherits her. (According to her, he does; according to him, he does not. Perhaps he inherits due to her admission, like NO'AM YERUSHALMI explained above. Or, here is different, for inheritance applies after death, and then it is not hers.)

(Mishnah): If a Cheresh (deaf man) married a Pikachas, or he was a Pike'ach and she was a Chereshes, he may choose to divorce her or stay married;

Just like he married through gesturing, he may (authorize a Get and) divorce through gesturing.

If a Pike'ach married a Pikachas and she went deaf, he may choose to divorce her or stay married. If she went insane, he may not divorce her;

If he went deaf or insane, he can never divorce her.

(Gemara): How does [a Cheresh divorce his Pikachas wife]? He gestures [to show that he wants to divorce, and we write a Get for him], and he gives her Get to her. (OHR YAKOV)

Just like [a Cheresh] gestures [to divorce], others gesture to [a Chereshes, so she will understand when she is divorced. We explained this like SHA'AREI TORAS ERETZ YISRAEL.]

Our Mishnah [said that just like he married through gesturing, he may divorce through gesturing. It] discusses when he was Mekadesh her with money, but if he was Mekadesh her through Bi'ah, his Kidushin is an action, and his divorce is not an action. (Also then, he can divorce through gesturing. Chachamim would not enact a marriage that could not be undone. The Mishnah justifies why one should not be astounded how mere gesturing (his Get) can undo an action (his Kidushin), for [Stam] Kidushin, i.e. through money, is also mere gesturing - based on MEICHAL HA'MAYIM.)