Commentary for Yevamot 13:7

שְׁנֵי אַחִין נְשׂוּאִין לִשְׁתֵּי אֲחָיוֹת יְתוֹמוֹת קְטַנּוֹת, וּמֵת בַּעְלָהּ שֶׁל אַחַת מֵהֶן, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. וְכֵן שְׁתֵּי חֵרְשׁוֹת גְדוֹלָה וּקְטַנָּה, מֵת בַּעְלָהּ שֶׁל קְטַנָּה, תֵּצֵא הַקְּטַנָּה מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת בַּעְלָהּ שֶׁל גְּדוֹלָה, רַבִּי אֱלִיעֶזֶר אוֹמֵר, מְלַמְּדִין אֶת הַקְּטַנָּה שֶׁתְּמָאֵן בּוֹ. רַבָּן גַּמְלִיאֵל אוֹמֵר, אִם מֵאֲנָה, מֵאֲנָה. וְאִם לָאו, תַּמְתִּין עַד שֶׁתַּגְדִּיל, וְתֵצֵא הַלָּזוּ מִשּׁוּם אֲחוֹת אִשָּׁה. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, אִי לוֹ עַל אִשְׁתּוֹ, וְאִי לוֹ עַל אֵשֶׁת אָחִיו. מוֹצִיא אֶת אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו בַּחֲלִיצָה:

If two brothers were married to two sisters, [if they were] orphans-minors, and the husband of one of them died, she leaves by reason of "his wife's sister," [and she is exempt from chalitzah and yibum.] The same applies to two deaf-mutes, (whose marriage is, likewise, by rabbinic ordinance). If one (sister) were an adult and the other, a minor, if the husband of the minor dies, the minor leaves by reason of "his wife's sister." If the husband of the adult dies, [and she fell for yibum before the husband of the minor, the linkage of the adult, which is Torah-based, forbids the minor to him because her marriage is (only) by rabbinic ordinance, and she is "the sister of his linked one." What, then, should be done?] R. Eliezer said: The minor is taught to refuse him [and dissolve the marriage, after which he takes the adult in yibum. And this is the halachah.] R. Gamliel says: If she refused, she refused; and if not, she waits until she comes of age, when the other leaves by reason of "his wife's sister." [The linkage of the adult does not forbid the minor to him, R. Gamliel holding that linkage is not strong enough to forbid his wife to him. Therefore, if she refused, all well and good, and he takes the adult in yibum. And if not, the minor abides with him until she comes of age and her marriage becomes Torah-based, whereupon the adult leaves by reason of "his wife's sister." But he does not give chalitzah to the adult, for he would thereby forbid his wife to himself by reason of "the sister of his chalutzah."] R. Yehoshua says: Woe to him for his wife [Woe to him who sends out his wife with a get. For we do not teach her to refuse, holding that "one should distance himself from refusals"], and woe to him for his brother's wife! He sends out his wife with a get, and his brother's wife with chalitzah.

Explore commentary for Yevamot 13:7. In-depth commentary and analysis from classical Jewish sources.