פירוש על יבמות 3:6

נכרית – she is not related neither to this [woman] nor to that one.

Introduction The key to understanding the laws in these mishnayoth is that ma’amar, the equivalent of betrothal in cases of yibbum, does not create a full marriage between the yavam and the yavamah but does create a tie. Often the solution in cases where a woman has had ma’amar and then her husband dies without having done yibbum thereby making her obligated for yibbum with the other brother, is that she has halitzah but not yibbum.

נכרית חולצת ולא מתיבמת – the same law applies even if he did not make a statement of intention [of levirate marriage], and he died, the non-related woman undergoes Halitzah, but she does not perform levirate marriage because she is the rival/co-wife of a married woman through levirate connection, and this that taught that one makes a statement of intention was in order to exclude this from the words of the School of Shammai who said that the statement of intention acquires a complete acquisition, and even Halitzah also is not requirement, which comes to teach us that she needs Halitzah.

Three brothers: two of whom were married to two sisters and the third was married to a stranger: If one of the sisters’ husbands died and the brother who was married to the stranger married his wife and then died himself, the first is exempt [from yibbum or halitzah] because she is his wife’s sister, and the second is exempt as her rival. If he had only had ma’amar with her and died, the stranger is to perform halitzah but may not be taken in yibbum. Three brothers: two of whom were married to two sisters and the third was married to a stranger: If the brother who was married to the stranger died, and one of the sisters’ husbands married his wife and then died himself, the first is exempt [from yibbum or halitzah] because she is his wife’s sister, and the second is exempt as her rival. If he had only had ma’amar with her and died, the stranger is to perform halitzah but may not be taken in yibbum. Reuven and Shimon are married to Rachel and Leah. Levi is married to Tovah, who is not a sister of Rachel or Leah (she is a “stranger”). When Reuven dies, Levi has yibbum with Rachel his wife. Subsequently Levi dies and Rachel and Tovah become liable to have yibbum or halitzah with Shimon. Rachel is exempt because Shimon is married to Leah, her sister. Tovah is exempt because she is Rachel’s rival wife (see chapter one, mishnah one).

If Levi had ma’amar with Rachel instead of full yibbum, and then Levi died, Rachel was not truly his wife in order to exempt Tovah as a rival wife. Therefore, Tovah must have halitzah, but still cannot have yibbum since Levi did have ma’amar with Rachel.

In this case, Levi dies and Reuven has yibbum with Tovah. When Reuven subsequently dies, Rachel and Tovah become obligated to have yibbum with Shimon. Rachel is exempt because Shimon is married to Leah, her sister. Tovah is exempt because she is Rachel’s rival wife (see chapter one, mishnah one).

If Reuven had ma’amar with Tovah instead of yibbum, and then he died, Tovah was not truly his wife and therefore the fact that Rachel is Leah’s sister does not exempt her from yibbum. She still must have halitzah because Reuven did have ma’amar with her.