Se houvesse três irmãos casados com três estrangeiros, e a esposa de um deles morresse, e o segundo fizesse ma'amar nela e morresse, eles recebem chalitzah e não são levados em yibum, como está escrito (Deuteronômio 25: 5 ): "... e um deles morre ... então seu yavam (singular) cairá sobre ela" —quando a ligação de um yavam, e não dois, estiver sobre ela. [Enquanto ele (aquele que fez o ma'amar) não se casar com ela, a ligação do primeiro ainda está sobre ele, e é adicionada a ligação do segundo por meio do ma'amar; e quando ele morre, permanece nela a ligação de dois yavmin.] R. Shimon diz: Ele pode pegar qualquer um em yibum [Ele sustenta que estamos em dúvida se Ma'amar adquire completamente ou não adquire de todo . Portanto, ele pode pegar qualquer um em yibum. Pois se ma'amar adquire, ela tem apenas a ligação do segundo sobre ela; e se não adquirir, ela tem apenas o vínculo do primeiro.], e ele dá chalitzah ao outro. [Porque um não é isento pela tomada (sexual) do outro (no casamento). Pois pode ser que ma'amar não adquira; nesse caso, existem "dois yevamoth vindos de duas casas". E ele não pode pegar os dois em yibum, pois pode ser que ma'amar adquira; nesse caso, dois yevamoth vêm de uma casa. "A halachá não está de acordo com R. Shimon. E mesmo que digamos em nossa Mishnah que, de acordo com as Escrituras, existe (tal como) ligação de dois yavmin, como indicado por: "Seu yavam (singular) cairá sobre ela", na gemara é mostrado que ele obtém apenas por ordenança rabínica, para que não diga-se que dois yevamoth vindos de uma casa são levados em yibum.] Se houvesse dois irmãos casados com duas irmãs e uma delas morresse, e então a esposa da segunda morresse, ela lhe seria proibida para sempre, pois proibido a ele ao mesmo tempo (ver 3: 7).
Bartenura on Mishnah Yevamot
זיקת שני יבמין – for as long as this living brother didn’t marry her, the levirate relation of first is upon him and the levirate relation of the second was added upon him because of the statement of intention he made [to perform a levirate marriage], and when he died, there remained upon her the levirate relation of two brothers-in-law.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah is quite complex so I recommend paying careful attention to the details. If you are beginning to despair, we are almost out of the most complex section of Yevamoth.
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Bartenura on Mishnah Yevamot
רש"א וכו' – since he holds that it is doubtful to us if the statement of intention [of performing levirate marriage] acquires completely or does not acquire at all, therefore, he performs levirate marriage on whichever of them that he desires, for if the statement of intention [to perform levirate marriage] acquires, he does not have anything other than the levirate relation of the second but if the statement of intention [of levirate marriage] does not acquire, he has nothing upon him other than the levirate relation of the first woman.
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English Explanation of Mishnah Yevamot
Three brothers were married to three women who were strangers [to one another] and one of them died and the second brother did ma’amar with her and then he died, behold, these must perform halitzah but may not be taken in yibbum; for it is said “And one of them died…her husband’s brother shall unite with her” (Deuteronomy 25:5) only she who is bound due to one yavam but not she who is bound to due to two yavamim. R. Shimon says: he may have yibbum with whichever of these he wishes and then perform halitzah for the other. If two brothers were married to two sisters, and one of the brothers died, and afterwards the wife of the second brother died, behold, she is forbidden to him forever, since she was forbidden to him for one moment. Reuven, Shimon and Levi are married to Rachel, Tovah and Yael, none of whom are sisters. Reuven dies and Shimon does ma’amar with Rachel. When Shimon dies, Rachel and Tovah should, we would think, become liable for yibbum r halitzah with Levi. Our mishnah, using a midrash based on Deut. 25:5, states that neither woman may have yibbum with Levi. This is because Rachel is bound to Levi through her marriage to two of Levi’s brothers. She is still bound to him by force of her marriage with Reuven, because the ma’amar that Shimon did with her was not as strong as a full yibbum. [If Shimon had done yibbum, her ties to Reuven would have been fully severed.] She is bound to Levi through her marriage to Shimon because of the ma’amar she did do with him. In other words ma’amar is strong enough to create a relationship with the second brother, but not strong enough to sever the ties with the first brother. Therefore Rachel is bound to Levi through the force of her marriage to two brothers who are now deceased. The mishnah understands the words “And one of them died” to exclude a case where two brothers died. Since Rachel is exempt, her rival wife, Tovah, is also exempt. However, since ma’amar is not a biblical institution, and therefore the ties to Shimon are not complete, halitzah must be performed.
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Bartenura on Mishnah Yevamot
וחולץ לשניה – for one does not free him from [sexual intercourse] with the other, for perhaps the statement of intention [of levirate marriage] does not acquire, and there was two sisters-in-law that come from two homes. But there is no levirate marriage with both for perhaps the statement of intention [of levirate marriage] acquires, and there would be two sisters-in-law coming from one house. But the Halakha is not according to Rabbi Shimon, and even though we state in our Mishnah that the levirate relation of the two brothers-in-law is from the Torah from a Biblical verse (Deuteronomy 25:5): “Her brother’s husband shall unite with her: [he shall take her as his wife and perform the levir’s duty],” in the Gemara (Tractate Yevamot 31b) it proves hat the levirate relation of two brothers-in-law is Rabbinic as a decree, lest the people state that two sisters-in-law coming from the same house (i.e., widows of the same brother) may both be taken in levirate marriage.
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English Explanation of Mishnah Yevamot
Rabbi Shimon holds that ma’amar either completely acquires the woman for the man who does ma’amar, in other words it creates a complete and valid relationship according to the Torah, or it doesn’t create any legal relationship whatsoever, not even a rabbinicly ordained marriage. If it creates a complete betrothal, then Rachel’s ties to her first husband, Reuven, are ended by Shimon’s ma’amar. When Shimon dies, she becomes liable to yibbum with Levi only because of her marriage to Shimon. If it doesn’t create any tie, then she was never at all married to Shimon, and she is liable for yibbum with Levi only because of her marriage to Reuven. In either case, she does not fit the category of one who is liable to yibbum through two dead husbands at the same time. Therefore, either of these wives may have yibbum. The second wife must have halitzah, lest the ma’amar not have created a tie with Shimon, and therefore Rachel became obligated for yibbum because of her marriage with Reuven and Tovah became obligated because of her marriage with Shimon. He cannot have yibbum with the second one as well, lest the ma’amar did create a tie, and a yavam cannot have yibbum with two wives of one dead husband.
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English Explanation of Mishnah Yevamot
Reuven and Shimon are married to Rachel and Leah. Reuven dies and Rachel then would become liable for yibbum with Shimon, except she is exempt because he is married to her sister. The mishnah teaches that even though Leah subsequently dies, and hence Rachel might be able to have yibbum with Shimon, she cannot because she was at one point forbidden to him. Note that this law was already explained in mishnah seven.
