תלמוד על יבמות 3:10

If both were Cohanim or brothers, both are forbidden⁵⁹Here starts a discussion of the statement of the Mishnah that the situation can be resolved if one of the men writes a bill of divorce and the other marries the woman. There are cases in which both must divorce and neither of them can marry: A Cohen may not marry a divorcee; this includes a woman who is divorced without ever being really married. The wife of a brother is prohibited to her brother-in- law except in the case of a required levirate marriage. In the case of the Mishnah, if the two men are brothers, the woman is forbidden to either of them as the brother’s wife.. If there were three brothers; two of them contracted a preliminary marriage with her and then died. That is what Rebbi Ḥiyya stated⁶⁰Yebamot 3:10, Note 137.: The wife of one deceased contracts levirate marriage but not the wife of two deceased men. If they were brothers, both contracted a preliminary marriage with her and then one of them died. Is she permitted to the second? As you take it, what he had acquired, he had acquired; the rest he inherits from his brother⁶¹The argument is that the surviving brother should be allowed to marry both in his own right and as levir.. Rebbi Jehudah ben Pazi said, she is forbidden to him. Rebbi Yose said, the reason of Rebbi Jehudah ben Pazi is that the aspect acquired in any sister-in-law who is not totally inside [the family] is considered to be under the incest prohibition and an incest prohibition frees the co-wife⁶²Yebamot 2:2, Note 55. The argument of Note 61 is invalid: Levirate is possible only if the brother’s marriage was undoubtedly valid.. Rebbi Ḥanina said, Rebbi Jehudah ben Pazi said it correctly. Does she not become his because of his brother? To his brother she was forbidden⁵⁹Here starts a discussion of the statement of the Mishnah that the situation can be resolved if one of the men writes a bill of divorce and the other marries the woman. There are cases in which both must divorce and neither of them can marry: A Cohen may not marry a divorcee; this includes a woman who is divorced without ever being really married. The wife of a brother is prohibited to her brother-in- law except in the case of a required levirate marriage. In the case of the Mishnah, if the two men are brothers, the woman is forbidden to either of them as the brother’s wife.; to him she should be permitted?