If one vows, in her husband's lifetime, to derive no enjoyment from her yavam, he is compelled to give her chalitzah. [For (when she made the vow) it did not enter her mind that her husband would die and that she would fall before him for yibum, and she receives her kethubah.] After her husband's death, he is requested to give her chalitzah. And if she intended this (to shun yibum), even in her husband's lifetime, he is requested to give her chalitzah. [After her husband's death, she is a rebel (in vowing thus), and we rule that a writ of rebellion is written against one awaiting yibum (and refusing it). We request that he give her chalitzah, and he gives her her kethubah if he wishes to. And if he does not wish to give her chalitzah and she rebels against him and consents to lose her kethubah, we compel him to give her chalitzah.]
Bartenura on Mishnah Yevamot
יגדלו זה עם זה – and he is not able to divorce her until he grows up, for the Jewish divorce bill of a minor is not a Jewish divorce bill.
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English Explanation of Mishnah Yevamot
Introduction
The first half of this mishnah discusses the case of a minor yavam (up until now the mishnah has concentrated mostly on the minor yevamah).
The second half of the mishnah discusses the situation of a woman who claims that her yavam has not had yibbum with her and she wants halitzah.
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Bartenura on Mishnah Yevamot
היבמה שאמרה בתוך שלשים יום – that the levir took her in marriage, I have not had sexual relations with the levir and he states, “I had sexual relations with you,” and it is enough for you with a Jewish bill of divorce, they force him to perform Halitzah for she is believed that up to thirty days, we establish that a person sustains himself and doesn’t engage in sexual intercourse.
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English Explanation of Mishnah Yevamot
If a yavam who was a minor had intercourse with a yevamah who was a minor, they should be brought up together. If a minor yavam who is legally capable of having sexual intercourse (over nine years old) has intercourse with a minor yevamah, he cannot divorce her because he cannot give a get until he reaches majority age. Therefore, they must remain together until they reach majority age, at which point they can decide whether to remain married or separate through divorce.
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Bartenura on Mishnah Yevamot
לאחר שלשים יום – he is believed that a person does not restrain himself without sexual intercourse for more than thirty days [after his marriage] (see Talmud Yevamot 111b). But, however, she is not permitted and considers herself a piece [of meat] and she is forbidden and requires Halitzah and we request of hi that he perform Halitzah but we don’t for him, for he stated that he had sexual intercourse [with her]. That we force him to perform Halitzah is within thirty days and we request of him to perform Halitzah after thirty days, and we don’t force him and we request that he perform levirate marriage. The Gemara (Tractate Yevamot 112a) establishes such as the example that the Jewish bill divorce leaves from under her hand, for since he gave the Jewish bill of divorce to his levirate relation, she was invalidated to him; but, however, she requires Halizah to make her permissible to the world. But if she herself said, “I had sexual intercourse [with him]” and he states that “I did not have sexual intercourse [with her],” we don’t suspect his words, and she does not require Halitzah.
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English Explanation of Mishnah Yevamot
If he had intercourse with a yevamah who was of age, she should bring him up until he is of age. So too if he has intercourse with a yevamah who is of majority age; she must wait with him until he is of majority age.
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English Explanation of Mishnah Yevamot
If a yevamah declared within thirty days [after yibbum], “he has not had intercourse with me”, they force him to perform halitzah; The second part of the mishnah deals with a case where the yevamah claims that the yavam did not have intercourse with her, and she wants to have halitzah. If she makes this claim within thirty days, she is believed, and the court forces the husband to perform halitzah. This is because we assume that for thirty days the yavam may actually not have had yibbum with her.
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English Explanation of Mishnah Yevamot
[If her declaration was made] after thirty days, they request that he perform halitzah. If she makes this declaration after thirty days, she is no longer automatically believed, for there is an assumption that the yavam would not have waited for more than thirty days to have yibbum. In this case, all the court can do is request that he perform halitzah for her.
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English Explanation of Mishnah Yevamot
If he admits [that he did not have intercourse with her], they force him to perform halitzah. If he admits that he did not have yibbum with her, he is forced to have halitzah, even after twelve months. He has a responsibility to her and cannot just leave her hanging, legally bound to him and without the possibility of marrying another.
