If there were three brothers, two of them married to two sisters, or to a woman and her daughter, or to a woman and her daughter's daughter, or to a woman and her son's daughter, they receive chalitzah, but are not taken in yibum, and R. Shimon exempts them (from chalitzah). [R. Shimon's rationale (Leviticus 18:18): "And a woman together with her sister you shall not take litzror" — When both become tzaroth to each other — as in this case, when both are linked to him for yibum — there shall be no "taking" neither in the one nor in the other. The halachah is not in accordance with R. Shimon.] If one of them were forbidden to him as an issur ervah, he is forbidden to take her and permitted to take her sister. If she were forbidden to him as an issur mitzvah or as an issur kedushah, they receive chalitzah and are not taken in yibum.
Bartenura on Mishnah Yevamot
ור"ש פוטר – (see Tractate Yevamot 28b) – the reason of Rabbi Shimon as it is written (Leviticus 18:18): “Do not marry a woman as a rival to her sister [and uncover her nakedness in the other’s lifetime],” at the time that they are made rival/co-wives to each other, such as the example of here, where both of them are levirate relations to him for levirate marriage. You should not have a legal acquisition neither to this one nor to that one, and the Halakha is not according to Rabbi Shimon.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah and the three that follow it, deal with situations in which there are three brothers, Reuven, Shimon and Levi, two of whom are married to two sisters, Rachel and Leah or a mother and her daughter, or a mother and her granddaughter. The commonality to all of these cases is that a man may not have relations with both of these women. Therefore, if both women should become liable for yibbum with the surviving brother, he may not have yibbum with either, because each one is the relative of his z’kukah (the other woman who becomes liable for yibbum). We have learned most of these rules above in mishnah two.
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English Explanation of Mishnah Yevamot
Three brothers: two of whom were married to two sisters, or to a woman and her daughter, or to a woman and her daughter’s daughter, or to a woman and her son’s daughter, behold, these must perform halitzah but may not be taken in yibbum. Rabbi Shimon exempts them. If one of them was forbidden to him by a prohibition of incest, he is forbidden to marry her but is permitted to marry her sister. If the prohibition is due to a commandment or to holiness, they must perform halitzah but may not be taken in yibbum. If Reuven marries Rachel and Shimon marries Leah, who are either sisters or a mother and her daughter or a mother and her granddaughter, and then Reuven and Shimon both die without children, Levi cannot have yibbum with either woman. This is because each woman is the immediate relative of the other woman who is his z’kukah. Just as we have learned before that one cannot marry the sister of a z’kukah, here we learn that one cannot marry the mother, daughter, grandmother or granddaughter of a z’kukah. Rabbi Shimon holds that since he cannot have yibbum with either one of them, neither are even obligated for yibbum.
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English Explanation of Mishnah Yevamot
If one of the two women was forbidden to him by a prohibition of incest, for instance if Leah’s daughter was married to Levi already, since Leah is not obligated for yibbum, Levi may have yibbum with Rachel (in this case Leah’s sister). We have already learned this rule in mishnah two.
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English Explanation of Mishnah Yevamot
If one of the two women was forbidden but only due to a prohibition of a commandment or a prohibition due to holiness, both women are technically liable for yibbum. Since he cannot have yibbum with either, he must do halitzah with both. Again, this law was learned above in mishnah two.
