A general principle was stated in respect to a yevamah: If she is an issur ervah (interdicted as an ervah), she [her tzarah, and, it goes without saying, she herself], is subject to neither chalitzah nor yibum. [The same applies to an eilonith, it being written (Deuteronomy 25:6): "And it shall be, the first-born that she bears" — to exclude an eilonith. Likewise, the wife of a seris chammah (one born without testicles), and a hermaphrodite is subject to neither chalitzah not yibum, it being written (Ibid. 5): "and he have no son" — to exclude those who are incapable of begetting children. And the wife of a proselyte and of a freed bondsman is subject to neither chalitzah not yibum, there being no "brotherhood" to proselytes nor bondsmen. But a barren woman or an old woman receive chalitzah or are taken in yibum.] If she were interdicted as issur mitzvah or issur kedushah (see next Mishnah), she is subject to chalitzah, but not to yibum. If her sister [the sister of an ervah] were her yevamah [as when two sisters from his two brothers fell before him for yibum, one of them being forbidden to him as an ervah (e.g., his mother-in-law or his daughter-in-law)], she either receives chalitzah or is taken in yibum [For in such an instance, he is not in contravention of "the sister of one linked to him (in yibum)," an ervah not being linked to him].
Bartenura on Mishnah Yevamot
לא חולצת ולא מתיבמת – her rival/co-wife and all the more so she herself, and similarly, a barren woman, as it is written (Deuteronomy 25:6): “[The first son] that she bears [shall be accounted to the dead brother that his name not be blotted out in Israel],” excluding a barren woman [ and similarly, the wife of a eunuch born without visible testicles and an androgynous individual does not engage in Halitzah nor levirate marriage, as it states ( there -Deuteronomy 25:5): “[When brothers dwell together and one of them lies] and leaves no son, [the wife of the deceased shall not be married to a stranger, outside the family],” excluding those for whom it is inappropriate for them to have children, and the wife of a convert and the wife of a freed slave does not engage in Halitzah nor levirate marriage, for there is no legal status of consanguinity neither for converts nor slaves, but a barren woman and an elderly women either engages in Halitzah or levirate marriage.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah gives some general principles for when a woman is liable for yibbum (or halitzah) and when she is forbidden/exempt.
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Bartenura on Mishnah Yevamot
אחותה – [her sister] who is a woman forbidden to a man on account of consanguinity when she is [also] her sister-in-law [widow of her childless brother-in-law] such as, for example, when two sisters fell to him from his two brothers and the one is prohibited upon him because of consanguinity such as when she is his mother-in-law or daughter-in-law, she performs Halitzah or levirate marriage but now did not come in contact with the sister of his levirate relation because someone forbidden on account of consanguinity is not his levirate relation.
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English Explanation of Mishnah Yevamot
A general rule has been said about the yavamah: Wherever she is prohibited as a forbidden relation, she may neither perform halitzah nor have yibbum. If her prohibition is due to a commandment or a prohibition due to holiness, she must perform halitzah but she may not have yibbum. If her sister is also her sister-in-law, she may perform halitzah or have yibbum. This general rule has been amply illustrated in the previous chapter and a half. If the yavamah was prohibited to her yavam according to the biblical laws of incest, she may not perform halitzah nor have yibbum. Indeed, she is not truly subject to the laws of yibbum, since the prohibition of incest “trumps” the obligation of yibbum.
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English Explanation of Mishnah Yevamot
This section mentions two lesser prohibitions, the “prohibition due to a commandment” and a “prohibition due to holiness. Tomorrow’s mishnah will explain what both of these categories are. Suffice it now to say that they are less consequential than the biblical incest prohibitions mentioned in the previous section. If a woman who is prohibited to her yavam in one of these ways should be liable for yibbum, she must perform halitzah but may not have yibbum. This is another way of stating that she is biblically liable for yibbum, but to avoid the problems that this type of yibbum would cause, the only option is halitzah.
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English Explanation of Mishnah Yevamot
If the sister of the prohibited woman is also her sister-in-law, meaning there is a situation in which two sisters married to two brothers, and then both brothers die and both women become liable for yibbum to a third brother, even though this brother is prohibited from one of the sisters, he can have yibbum or halitzah with the other. I will illustrate this complicated situation using names. Reuven, Shimon and Levi are brothers. Leah and Rachel are sisters. Leah marries Reuven and Shimon marries Rachel, and then both men die without children. Levi is married to Rachel’s daughter (from a marriage before she married Shimon). Levi can therefore not have yibbum with Rachel, since a man cannot marry a woman and her daughter. Nevertheless, Levi can have yibbum with Leah. Although in general a man cannot have yibbum with the sister of his yavamah (we will learn this in chapter three), in this case since Rachel was forbidden to him, she was never his yavamah. Therefore, Leah is permitted.
