The Edie and B Sit edition of the audio series on the Talmud Bavli, specifically Gemara Yevamot, is generously sponsored by Mr. Isaac Jamal and his wife, honoring their family. They wish him success and blessings in all his endeavors, may he merit to raise his children in the ways of the Torah, and may he experience much joy and satisfaction from them, along with health and happiness for his family. Today’s study session is dedicated to the memory of Avraham ben Esther, may his soul be at rest in Gan Eden.
We begin our examination today on Daf Yevamot 31b, starting with the Mishnah which states: “Three brothers are married to three unrelated women. If one of the brothers dies, and the second brother performs ma’amar with the widow, and then he dies as well, the remaining brother must perform chalitzah with the widow, but he does not perform yibum.” This is because the widow is connected to both brothers through the zika that remains from the first brother who died, as well as from the second brother through the ma’amar that he performed.
The Mishnah cites the verse, “When one of them dies, the yavam will come to her,” indicating that yibum can only occur when the widow is connected to one brother alone, not to two. In our case, the widow is attached to both brothers, which prevents yibum from occurring. The Gemara elaborates on this by stating that the ma’amar creates a connection to the second brother while the original connection to the first brother remains intact. Thus, when the second brother dies, the widow is considered to be falling from the zika of both brothers.
The Gemara further explains that the Torah commands that yibum can only happen when a widow falls from one brother. The Mishnah emphasizes that since the widow is connected to both brothers, she does not undergo yibum but rather chalitzah. The Gemara then cites Rashi, who clarifies that as long as the second brother did not consummate the marriage with the widow, the first brother’s zika remains valid, and the ma’amar adds another layer of connection.
Next, the Gemara introduces a differing opinion from Rabbi Shimon, who states that one can perform yibum with whichever widow they choose, while performing chalitzah with the other. Rabbi Shimon’s reasoning is based on the idea that the ma’amar does not fully establish a connection that prevents yibum from occurring. This leads to a discussion regarding the nature of the ma’amar and whether it constitutes a full kinyan (acquisition).
As the Gemara continues, it explores the implications of the ma’amar and the various connections that arise from it. If the first brother had married the widow, his zika would be nullified upon marriage, and should the second brother die without performing yibum, the widow’s connection to the first brother would cease as well. However, if the second brother only performed ma’amar and then died, the widow retains connections to both brothers, thus complicating the situation.
The Gemara then discusses the case of a widow who falls to multiple brothers due to the zika created by the ma’amar, leading to the conclusion that the widow cannot be subjected to yibum in this scenario. The Gemara affirms that the Torah explicitly states that yibum can only occur when there is a singular connection to one brother.
In conclusion, the Gemara presents a nuanced examination of the relationships and connections at play when multiple brothers are involved, particularly emphasizing the importance of the ma’amar and its implications on the widow’s status. The discussion illustrates the complexities of halachic rulings regarding yibum and chalitzah, underscoring the need for clarity in understanding the connections established through marriage and the Torah’s directives.