פירוש על יבמות 5:6

חלץ ועשה מאמר נתן גט ובעל – it refers to one levir and one widow whose husband died childless (i.e., Yevamah). And even though that this is taught above, [the Mishnah] teaches it again because of the concluding segment that is necessary to separate between an act of coition and Halitzah, for Halitzah, whether at the beginning, whether in the middle or whether at the end – there is nothing after it, and the act of intercourse especially at the time when it is at the beginning, and to teach us also the dispute of Rabbi Nehemiah and the Rabbis.

Introduction Our mishnah, the last in this chapter, continues to define the principle that there can be no valid act after halitzah or yibbum.

בין בתחלה בין באמצע – as, for example, [the delivery of] a Jewish bill of divorce to this one and performing Halitzah with that one, and then he went back and made a declaration of intention [to perform a levirate marriage] or with the woman who had the Jewish bill of divorce. The declaration of intention has no effect and we don’t require a Jewish bill of divorce to his declaration of intention [of desiring a levirate marriage].

[If the yavam] performed halitzah and then did ma’amar, gave her a get, or had intercourse with her; Or if he had intercourse with her and then did ma'amar, gave her a get, or performed halitzah, there is no valid act after halitzah,
Whether [it was performed] in the beginning, in the middle, or at the end. The beginning of this section (until the words “there is nothing after halitzah) was taught word for word above, in mishnah three. The reason that it is repeated here is as in introduction for issue of “beginning, the middle and the end”. The mishnah adds that with regard to halitzah, it doesn’t matter when the halitzah was performed, no subsequent acts (intercourse, a get or ma’amar) can have any validity. Since the halitzah totally severs the connection between the yavam and the yevamah, anything done afterwards can have no validity.

בסוף – After a declaration of intention [to perform a levirate marriage] and a Jewish bill of divorce, he performed Halitzah, there is nothing after it, for it is a complete Halitzah but if he retracted made a declaration of intention [of levirate marriage] , it doesn’t require a Jewish bill of divorce because Halitzah is a complete Jewish divorce, and even though it is was a disqualified Halitzah.

Concerning intercourse, if it took place first there is no valid act after it; If it occurred in the middle or at the end there can be a valid act after it. Rabbi Nehemiah says: with both intercourse and halizah, whether it took place in the beginning, in the middle, or at the end, there is no validity in any act that follows it. According to the first opinion in this section, intercourse works differently from halitzah. If done at the beginning, the yevamah becomes his full wife and any act done afterwards is meaningless with regard to the laws of yibbum. In other words, after yibbum she becomes his normal wife. However, if the intercourse is done after another act, such as giving her a get or doing ma’amar with a rival wife, there is potential validity to subsequent acts. For instance, if he gives her a get it is now forbidden for him to have yibbum with her but she still needs halitzah, since the get does not sever the ties created by the necessity for yibbum. If he now goes ahead and has intercourse with her, she still needs halitzah, for the intercourse was an invalid act of yibbum. Even though the get was only of a “derabbanan” status, since only halitzah can biblically exempt the woman, the subsequent act of yibbum is still invalid. The halitzah required after this failed act of yibbum means that “there is validity to an act after intercourse” if it is not the first act performed. According to Rabbi Nehemiah, it does not matter when the act of yibbum was performed, there is never validity to any subsequent act. Even if the yavam gave her a get before he did yibbum, the yibbum is still valid and she does not need halitzah. Rabbi Nehemiah holds that since the get makes it forbidden only “derabbanan” to have yibbum, the yibbum is biblically valid and therefore exempts the woman from a need for yibbum. The deeper argument between Rabbi Nehemiah and the sages is over the validity of rabbinicly decreed laws. According to the sages the rabbinic prohibition of having yibbum after having given a get, makes the yibbum invalid. According to Rabbi Nehemiah, since the get is only derabbanan, it does not have the power to invalidate the yibbum, which is of biblical status.

הביאה באמצע – as in the case of a Jewish bill of divorce to this one and he performed an act of coition to the other woman and then he returned and made a declaration of intention with the third, he prohibited [to marry] her relatives.

בסוף – a Jewish bill of divorce to this one and a declaration of intention [to perform a levirate marriage] to that one, and then he retracted and came [upon her] on [the first, there is after this act of coition the levirate connection and when he releases her, he requires Halitzah and [the reception of] a Jewish bill of divorce is not enough for her.

אין אחריה כלום – and she leaves with a Jewish bill of divorce, without Halitzah, for if he retracted and betrothed to the other one after the act of coition, his deeds are not worth anything.