Si uno convive con su yevamah (la adquiere) —ya sea involuntariamente [pensando que es otra mujer], intencionalmente, [sin motivo, y no por el bien de la mitzvá], constreñida o ingeniosamente. Incluso si él es inconsciente y ella es obstinada; él, voluntarioso y ella, inconsciente; él, constreñido y ella, sin restricciones; ella, constreñida y él, sin restricciones. [No solo (es adquirida) cuando intenta la mitzvá; pero aun cuando ambos no tienen la intención de la mitzvá, como cuando él tiene la intención de una mujer diferente y ella tiene la intención de un acto sin sentido, él la adquiere, está escrito (Deuteronomio 25: 5): "Su yavom vendrá sobre ella"— en cualquier caso.] Si él es ma'areh [Si no consuma su relación sexual, sino que solo inserta la corona sola (El toque de la corona sin entrada se llama neshikah, "besar"), o consuma el acto, adquiere ella. [Y él hereda (su hermano muerto) y debe darle una oportunidad si desea enviarla lejos.] Y no se hizo distinción entre un tipo de relación sexual y otra [ya sea normal o no normal (anal) , está escrito (Levítico 18:22): "las mentiras" de una mujer, la Escritura postula dos "mentiras" para una mujer.]
Bartenura on Mishnah Yevamot
הבא על יבמתו. שוגג – as he was thinking that she was another woman.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah teaches that any intercourse counts as an act yibbum.
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Bartenura on Mishnah Yevamot
מזיד – for the sake of unchastity and not for the Mitzvah of levirate marriage.
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English Explanation of Mishnah Yevamot
One who has intercourse with his yevamah, whether in error or with presumption, whether under compulsion or of his own free will, even if he acted in error and she in presumption, or he in presumption and she in error, or he under compulsion and she not under compulsion, or she under compulsion and he not under compulsion, whether he only began to have intercourse or he completed having intercourse, he has acquired her as a wife. The laws do not make a distinction between different types of intercourse. Whether in error or with presumption: In error means that he did not know that she was his yevamah. With presumption means that he did not intend to fulfill the mitzvah of yibbum, but rather just to have intercourse with her for the sake of pleasure. Whether under compulsion or of his own free will: Under compulsion means that someone forced him to have relations with the yevamah. Of his own free will means that he intended to fulfill the mitzvah. Even if he acted in error and she in presumption: He did not know that she was the yevamah, but she knew that he was the yavam but she did not intend to fulfill the mitzvah. Or he in presumption and she in error: He did not intend to fulfill the mitzah and she did not know who he was. Or he under compulsion and she not under compulsion: He was forced and she intended to fulfill the mitzvah. Or she under compulsion and he not under compulsion: She was forced but he was not. The same is true if both were forced, or both were presumptuous. The intercourse always counts. Whether he only began to have intercourse or he completed having intercourse: It does not matter if they complete having intercourse (assumedly referring to ejaculation). The laws do not make a distinction between different types of intercourse. According to the talmud, this means that even “non-natural” intercourse (anal sex) counts as intercourse for the sake of yibbum. In all of these cases, the mere act of intercourse means that he has acquired her as a wife.
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Bartenura on Mishnah Yevamot
אפילו הוא שוגג והיא מזידה – needless to say where she intended [to fulfill] the Mitzvah but rather even where both of them don’t have the intention [of fulfilling] the Mitzvah such as the case where he intends for another woman, and she had the intention for the sake of unchastity, he has acquired her [as his wife], as it states in Scripture (Deuteronomy 25:5): “ Her husband’s brother shall unite with her: [he shall take her as his wife and perform the levir’s duty],” anyway.
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Bartenura on Mishnah Yevamot
המערה – that he did not complete his coition, but rather, he inserted the corona of his membrum virile alone, and the meeting of the corona without insertion is called “kissing.”
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Bartenura on Mishnah Yevamot
קנה – and he took possession of the inheritance and she is removed with a Jewish bill of divorce if he comes to remove her.
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Bartenura on Mishnah Yevamot
לא חלק בין ביאה לביאה – whether a coition in its proper manner or a coition not in its proper manner, as it is written (Leviticus 20:13): “[If a man lies with a male] as one lies with a woman,” the Biblical verse tells us that there are two ways of sexual gratification.
