¿Cómo "la esposa de su hermano que no estaba en su mundo" [exime su tzará]? Si hubo dos hermanos y uno de ellos murió, y les nació un hermano, [a quien ella estaba vinculada con el yibum, pero a quien (el tercer hermano) se le prohíbe por "la esposa de su hermano que era no en su mundo "], y luego el segundo hermano [que tenía una esposa propia] tomó a la esposa de su hermano en yibum, y murió [sin hijos]—entonces la primera mujer [la esposa de la primera que ya había caído ante él una vez (por yibum)] sale (es decir, no es tomada en yibum) por razón de "la esposa de su hermano que no estaba en su mundo" ; y el segundo (sale) en virtud de ser su tzarah. Si él (el segundo) hizo una ma'amar en ella (la esposa del primer hermano) y murió [es decir, si la prometió con dinero. Con un Yevamah, el compromiso de dinero no es un compromiso de buena fe, sino que se obtiene solo por ordenanza de los escribas. Porque un yavamah no es adquirido por el yavam para ser considerado una mujer casada hasta que él vive con ella; y en este caso no había vivido con ella antes de morir.], la segunda esposa recibe jalázah [y ella no está exenta por razón de tzarath ervah, porque en realidad no es su tzarah], y no es tomada en yibum [ porque ma'amar adquiere hasta cierto punto, y ella es tzarath ervah hasta cierto punto. Y donde no se obtiene el compromiso de buena fe, ella recibe jalá y no se toma yibum.]
Bartenura on Mishnah Yevamot
כיצד אשת אחיו שלא היה בעולמו – she exempts her rival/co-wife [from the requirement of levirate marriage or Halitzah].
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English Explanation of Mishnah Yevamot
Introduction
This mishnah explains how “the wife of his brother who died before he was born” exempts her rival wife from yibbum. This category of women was mentioned in the first mishnah of chapter one (there it was the 14th category).
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Bartenura on Mishnah Yevamot
ונולד להן אח – and was found to be dependent upon a levir, but upon him she is prohibited because of [the prohibition of] the brother’s wife, for he was not a contemporary [having not yet been born].
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English Explanation of Mishnah Yevamot
What is the case of “the wife of his brother who died before he was born”? If there were two brothers, and one of them died, and then a third brother was born, and then the second brother had yibbum with his dead brother’s wife and then died himself, the first woman is exempt as the wife of his brother who died before he was born, and the second wife [is exempt] because she is her rival wife. If he had ma’amar with her and died, the second wife, must perform halitzah but may not have yibbum. Reuven and Shimon are brothers and Shimon dies. Afterwards, Levi is born. Reuven then takes Shimon’s widow in yibbum. Afterwards Reuven also dies without children. This same widow, who was originally Shimon’s wife and then became Reuven’s wife, now technically should become liable to have yibbum or halitzah with Levi, the third brother. However, since Levi was not yet born when Shimon died, she is not liable for yibbum with Levi. Since she is exempt, all of her rival wives are exempt as well.
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Bartenura on Mishnah Yevamot
ואח"כ יבם השני את אשת אחיו – and he has another wife.
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English Explanation of Mishnah Yevamot
In order to understand this section, we must remind ourselves that ma’amar is the giving of money from the yavam to the yavamah, a parallel to the betrothal money given as “kiddushin” in regular marriages. As I explained in the introduction, according to the Torah there is no marital process for the widow who goes through yibbum. All that really happens is that he has relations with her, and thus yibbum is performed. However, the rabbis created an institution called “ma’amar” whereby the yavam would give her betrothal money similar to the betrothal money given in regular marriages (we will learn these laws in tractate Kiddushin). Ma’amar, however, does not make the woman the yavam’s full wife. The status of their marriage is only rabbinic. This will have many important implications in future mishnayoth. In our mishnah, Reuven does not have full yibbum with the woman, but only does ma’amar, and then dies. The woman therefore, is not biblically liable to have yibbum with Levi, the third brother, but only rabbinically liable. Since she is only rabbinically liable, her rival wife is not truly exempt, and according to biblical law she could have yibbum. However, since Reuven did perform ma’amar with the other wife, the rival wife can only have halitzah.
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Bartenura on Mishnah Yevamot
ומת – without children.
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Bartenura on Mishnah Yevamot
הראשונה – she is the wife of the first brother who fell before him already one time, goes forth because of [the prohibition of] being the wife of his brother who had not yet been born.
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Bartenura on Mishnah Yevamot
עשה בה – this one who died.
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Bartenura on Mishnah Yevamot
מאמר – the explanation he betrothed her with money (as opposed to a document or an act of sexual intercourse) and with a Yevamah/widow of his deceased brother who died without issue, betrothal thorugh money is not a complete Kiddushin/betrothal, but rather, from the words of the Scribes/Soferim, the Yevamah is not acquired to the levir to become like a completely married woman until he comes upon her and he didn’t have sufficient time to marry her until he died.
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Bartenura on Mishnah Yevamot
שנייה חולצת – and it does not exempt her because of being a rival of a woman forbidden on account of consanguinity because she is not actually her rival/co-wife.
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Bartenura on Mishnah Yevamot
ולא מתיבמת – because the statement of intention acquires partially and she is [also] partially a rival of a woman forbidden on account of consanguinity, and in every place where there isn’t complete Kiddushin/betrothal, she performs the act of Halitzah and does not engage in a levirate marriage.
