How? [This does not refer to the previous dispute, but is an independent statement referring to one yavam and one yevamah, viz.: How (i.e., What) is the halachah in the instance of one yavam and one yevamah? If he made a ma'amar in his yevamah and gave her a get, she requires chalitzah from him. And if he wishes to wed her, he may not do so; for since he began to divorce her, "who would not build his brother's house" obtains.] If he made a ma'amar and chalitzah, she requires a get from him. [For chalitzah dissolves the (yibum) linkage, and the get is required to dissolve her betrothal, chalitzah not dissolving betrothal.] If he made a ma'amar and cohabited with her, this is in keeping with the mitzvah.
Bartenura on Mishnah Yevamot
כיצד – this does not refer to the dispute, but rather, it is a matter of its own, referring to one levir and one widow whose husband died without children, and this is what he said: In what case is the law of one levir and one Yevamah/widow whose husband died without children?
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English Explanation of Mishnah Yevamot
Introduction
The remainder of the chapter gives various scenarios of a yavam’s releasing his yevamah from the necessity for yibbum. In order to understand these mishnayoth, it is important to keep in mind that a get (a divorce document) severs the ties created by ma’amar (an act of betrothal) and halitzah severs the ties created by the need for yibbum.
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Bartenura on Mishnah Yevamot
צריכה הימנו חליצה – if he wanted to consummate a marriage by conducting a woman to his house/to wed, he should not do so for since he had begun the Jewish divorce, it is fulfilled for him through [the Biblical verse] (Deuteronomy 25:9) “who will not build up [his brother’s house].”
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English Explanation of Mishnah Yevamot
How [is the release from yibbum effected]? If he performed ma'amar for his yevamah and gave her a get, she requires halitzah. When the yavam performed ma’amar he made the yevamah into his betrothed wife. When he subsequently gives her the get, he has ended the ties created by ma’amar. Since he never did yibbum or halitzah, she still requires halitzah to sever the ties created by the need for yibbum. He could not have yibbum with her because she is already his divorcee.
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Bartenura on Mishnah Yevamot
צריכה ממנו גט – for Halitzah causes a release from her levirate relationship and the Jewish bill of divorce need to cancel his Kiddushin/betrothal for Halitzah has no legal effect on Kiddushin/betrothal.
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English Explanation of Mishnah Yevamot
If he performed ma'amar and and did halizah, she requires a get. If he did ma’amar and then halitzah, she still needs a get to sever the ties created by the ma’amar. The halitzah is not sufficient to break the betrothal created by ma’amar. He cannot marry her because she is his halutzah.
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English Explanation of Mishnah Yevamot
If he performed ma’amar and then had intercourse with her, behold this is in accordance with the commandment. The normal, prescribed means of fulfilling the mitzvah of yibbum is for the yavam first to perform ma’amar and then, assumedly some time later, for them to have sexual relations. This is the same way that normal marriage is enacted: first the betrothal is done and then the couple begins to live together, today symbolized by the huppah (the wedding canopy). Since some time in the middle ages, Jews have combined the betrothal ceremony and the marriage proper into one event.
