Wenn einer (ein Yavam) von neun Jahren und einem Tag mit seiner Yevamah zusammenlebte und dann sein Bruder von neun Jahren und eines Tages mit ihr zusammenlebte, macht er (dieser) sie für ihn ungeeignet. [Denn dies ist wie ein Ma'amar nach einem Ma'amar, beide (Zusammenleben) "nehmen".] R. Shimon sagt: Er macht sie nicht unfähig. [Für das Zusammenleben einer Neunjährigen erwirbt sie laut R. Shimon entweder oder erwirbt sie nicht. Wenn es sie erwirbt, erwirbt es sie vollständig, so dass das Zusammenleben seines Bruders bedeutungslos ist. Und wenn es sie nicht erwirbt, dann ist es, als hätten weder er noch sein Bruder mit ihr zusammengelebt.]
Bartenura on Mishnah Yevamot
פסל על ידו – for it is to him like a statement of betrothal after a statement of betrothal and both of them take effect with regard to her.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah explains the status of an act of sexual intercourse done by a boy who has reached nine years and one day old, but is not yet of majority age.
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Bartenura on Mishnah Yevamot
ר"ש אומר לא פסל – For the act of coition of a child who is nine years old, according to Rabbi Shimon doubtfully acquires [as a wife] and doubtful does not acquire [as a wife]; if it acquires, it acquires completely, and does not benefit his brother’s act of coition. And if he doesn’t acquire, it is to him like someone who did not engage in sexual intercourse, neither for him, nor his brother. Therefore, he did not invalidate, but the Halakha is not according to Rabbi Shimon.
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English Explanation of Mishnah Yevamot
If a boy of the age of nine years and one day had intercourse with his yevamah and then his brother who was of the age of nine years and one day had intercourse with her, [the latter] disqualifies her for [the former]. Rabbi Shimon says: he does not render her unfit. As we learned yesterday, the sexual intercourse of a boy nine years and one day old has legal ramifications. In our case of yibbum, if a boy who has reached this age has relations with his yevamah, he disqualifies her from being permitted to have yibbum with another one of the brothers. However, this act of sexual intercourse is not sufficient to completely make her his wife. The Talmud states that it is not a “complete acquisition”, as it would be if he was of majority age. Therefore, when another brother, who has also reached this age, has intercourse with her, he causes her prohibited to the first brother. Since she has now had quasi-yibbum with two brothers (akin to ma’amar with two brothers, see above 5:1), she is forbidden to both. Rabbi Shimon holds that it is doubtful whether sexual intercourse with a boy nine years and one day old can acquire a woman as a wife. In our case, if it does, then she is the wife of the first brother, and the intercourse with the second brother does not disqualify her to the first. If such intercourse does not acquire her as a wife, then neither does the intercourse with the second brother, and she is not disqualified to the first brother. Should she wait around as a shomeret yavam until he is of majority age, he may then have yibbum with her. To summarize, the first opinion holds that an act of intercourse by a boy nine years and one day, certainly acquires a woman as a wife, but the acquisition is not complete. In contrast, Rabbi Shimon holds that it is uncertain whether this act of intercourse acquires. However, if it does acquire, it acquires fully.
