Halacha
הלכה א
הַיְבָמָה שֶׁנָּתַן לָהּ הַיָּבָם גֵּט כְּרִיתוּת פְּסָלָהּ וּפָסַל אֶת צָרוֹתֶיהָ עָלָיו וְעַל שְׁאָר הָאַחִין שֶׁהֲרֵי נַעֲשָׂה כְּמִי שֶׁחָלַץ לָהּ. וְאֵין הַגֵּט מוֹעִיל בִּיבָמָה אֶלָּא מִדִּבְרֵיהֶן הוֹאִיל וְהַגֵּט מְגָרֵשׁ אֵשֶׁת אִישׁ. וְכָל גֵּט שֶׁפּוֹסֵל אִשְׁתּוֹ מִן הַכְּהֻנָּה פּוֹסֵל אֶת יְבִמְתּוֹ מִן הַיִּבּוּם וְאֵינָהּ מֻתֶּרֶת לְזָר עַד שֶׁיַּחֲלֹץ לָהּ:
כסף משנה
1.
When a yavam gives a yevamah a bill of divorce (a get),1This refers to a get given before the brother made a statement of intent to marry the yevamah (ma'amar). See Halachot 4 and 5. he disqualifies her and all of [his deceased brother's] other wives [from performing yibbum] with him or with any of the other brothers. It is considered as if he has performed chalitzah with her.The power of a get to affect a yevamah is Rabbinic in origin. [They instituted this decree based on the following rationale:] Since a get has the power to bring about the divorce of a married woman, and every get causes a woman to be disqualified from the priesthood, [they decreed] that it should also disqualify a yevamah from performing yibbum. [The yevamah] is not permitted to marry another man, however, until she performs chalitzah.
הלכה ב
הַמַּאֲמָר אַף עַל פִּי שֶׁאֵינוֹ קוֹנֶה בִּיבָמָה קִנְיָן גָּמוּר וְאֵינָהּ נַעֲשֵׂית בּוֹ אֵשֶׁת אִישׁ גְּמוּרָה צְרִיכָה מִמֶּנּוּ גֵּט וְאֵינָהּ נִתֶּרֶת לְזָר אֶלָּא בַּחֲלִיצָה:
כסף משנה
2.
A statement of intent to marry (ma'amar)2See Chapter 2, Halachah 1. does not fully effect the establishment of a marriage bond for a yevamah, and it does not cause her to become a married woman in the full sense. Nevertheless, [if the yavam desires to nullify the ma'amar,] he must give [the yevamah] a get. For her to marry another man, however, chalitzah must be performed.הלכה ג
כֵּיצַד. הָעוֹשֶׂה מַאֲמָר בִּיבִמְתּוֹ וְאֵינוֹ רוֹצֶה לִבְעל צָרִיךְ לִכְתֹּב לָהּ גֵּט שֶׁהֲרֵי נִתְקַדְּשָׁה לוֹ. וְצָרִיךְ לַחֲלֹץ לָהּ כְּדֵי לְהַתִּירָהּ לְזָר. שֶׁאֵין הַיְבָמָה נִתֶּרֶת לְזָר אֶלָּא אַחַר בְּעִילַת הַיָּבָם אוֹ אַחַר חֲלִיצָה. אֲבָל הַגֵּט פּוֹסְלָהּ לְיִבּוּם וְאֵינוֹ מַתִּירָהּ לְזָר. וְהַמַּאֲמָר אֵינוֹ קוֹנֶה בָּהּ קִנְיָן גָּמוּר כְּמוֹ הַבְּעִילָה:
כסף משנה
3.
What is implied? When [a yavam] gives a ma'amar to his yevamah, but does not desire to engage in sexual relations with her, he must write a get for her, since she was consecrated unto him, and he must perform chalitzah with her to cause her to be permitted to others.3In his Commentary on the Mishnah (Yevamot 3:5), the Rambam writes that at the outset, the get should precede the chalitzah.For a yevamah is not permitted to marry another man unless she enters into sexual relations with her yavam [and then is divorced or widowed], or if she performs chalitzah. A get disqualifies her for yibbum, but does not permit her to marry another man. A ma'amar does not effect a marriage bond in a complete sense, as sexual relations do.
הלכה ד
נָתַן מַאֲמָר לִיבִמְתּוֹ וְחָזַר וְנָתַן גֵּט לְמַאֲמָרוֹ מַה שֶּׁעָשָׂה הֲרֵי בִּטְּלוֹ וְהֻתְּרָה. וְיֵרָאֶה לִי שֶׁלֹּא הֻתְּרָה אֶלָּא לְאֶחָיו אֲבָל זֶה שֶׁנָּתַן הַגֵּט אֲסוּרָה הִיא לוֹ:
כסף משנה
4.
When [a yavam] gives a ma'amar to his yevamah and then gives her a get [to nullify his ma'amar], he has negated what he brought about,4I.e., the get nullifies the kiddushin brought about by the ma'amar. and [the yevamah] is free [to perform yibbum]. It appears to me that she is free only [to perform yibbum] with his brothers, but she is forbidden to him.5Whenever the Rambam uses the expression "It appears to me," he is referring to a ruling that is not specifically mentioned in the Talmud. In this instance, Rashi (Yevamot 32a, 52a) agrees with the Rambam, but the Ra'avad and Tosafot differ and maintain that if the yavam who gave her the ma'amar and the get desires, he may still perform yibbum with her. The Shulchan Aruch (Even HaEzer 170:15) quotes both opinions, but appears to favor that of the Rambam.הלכה ה
נָתַן גֵּט לְזִקָּתוֹ [וְלֹא לְמַאֲמָרוֹ] פְּסָלָהּ עָלָיו וְעַל שְׁאָר הָאַחִין כְּמוֹ שֶׁבֵּאַרְנוּ וּצְרִיכָה גֵּט לְמַאֲמָרוֹ וַחֲלִיצָה לְהַתִּירָהּ לְזָר:
כסף משנה
5.
When [a yavam] gives a get [to his yevamah] [to nullify] his connection to her and not {to nullify his ma'amar}, he disqualifies her [from performing yibbum] with him and his other brothers, as stated above.6In Halachah 1. The Rambam is adding that even if the yavam had already given the yevamah a ma'amar, this ruling still applies.If the yavam gives a get without specifying the reason, we assume that his intent is to sever his connection with the yevamah and not merely to nullify his ma'amar (Rashi, Yevamot 32a; Ramah, Even HaEzer 170:15).
He must give her [another] get [to negate] his ma'amar and perform chalitzah with her to permit her to marry another man.
הלכה ו
הַמַּאֲמָר שֶׁנִּתַּן לִיבָמָה תְּחִלָּה וְלֹא קְדָמוֹ דָּבָר אַחֵר וְלֹא נַעֲשָׂה אַחֲרָיו דָּבָר אַחֵר אֶלָּא שֶׁבָּעַל אוֹתָהּ זֶה שֶׁנָּתַן לָהּ הַמַּאֲמָר הוּא הַנִּקְרָא מַאֲמָר כָּשֵׁר. וְאִם קְדָמוֹ גֵּט אוֹ חֲלִיצָה בֵּין מִיָּבָם זֶה בֵּין מִיָּבָם אַחֵר בֵּין בָּהּ בֵּין בְּצָרָתָהּ. וְכֵן אִם קְדָמַתּוּ בְּעִילָה בְּצָרָתָהּ בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו. אוֹ שֶׁנַּעֲשָׂה אַחֲרָיו גֵּט אוֹ חֲלִיצָה בֵּין בָּהּ בֵּין בְּצָרָתָהּ בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו. אוֹ שֶׁבָּעַל אוֹ נָתַן מַאֲמָר אַחֵר לְצָרָתָהּ בֵּין הוּא בֵּין אָחִיו. אוֹ שֶׁנָּתַן לָהּ אָחִיו מַאֲמָר אַחֵר אוֹ בְּעָלָהּ הֲרֵי זֶה נִקְרָא מַאֲמָר פָּסוּל. בֵּין הַמַּאֲמָר שֶׁקְּדָמוּהוּ הַמַּעֲשִׂים הָאֵלּוּ בֵּין הַמַּאֲמָר שֶׁנִּתְאַחֲרוּ אַחֲרָיו:
כסף משנה
6.
When a ma'amar is given to a yevamah at the outset, without its having been preceded by any other activity and without its having been followed by any activity other than the sexual relations between [the yavam] who gave the ma'amar and the yevamah, the ma'amar is referred to as "an acceptable ma'amar."By contrast, a ma'amar is referred to as "an unacceptable ma'amar" when:
a) before the ma'amar either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performed chalitzah with her,7Once a yavam has performed chalitzah, neither he nor his brothers may perform yibbum afterwards. Similarly, once a get has been given, the yavam is obligated to perform chalitzah and may not perform yibbum. Since yibbum is not relevant, the ma'amar is not acceptable.
b) either he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives beforehand,8For only one of the wives of the deceased brother may be married by a yavam, as stated in Chapter 1, Halachah 9.
c) after the ma'amar, either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performed chalitzah with her,9Since a ma'amar does not complete the bond between the yavam and the yevamah, the connection between them can be disqualified because of undesirable actions, such as those mentioned by the Rambam.
d) he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives or gave a ma'amar to one of them, or
e) one of his brothers gave a ma'amar or engaged in sexual relations [with the yevamah to whom he gave the ma'amar].
[This term applies to] both a ma'amar that preceded these deeds as well as to a ma'amar that was given afterwards.
הלכה ז
כֵּיצַד. נָתַן גֵּט אוֹ חָלַץ לִיבִמְתּוֹ וְחָזַר וְנָתַן מַאֲמָר לָהּ אוֹ לְצָרָתָהּ בֵּין הוּא בֵּין אֶחָיו. אוֹ שֶׁבָּא עַל יְבִמְתּוֹ אוֹ נָתַן לָהּ מַאֲמָר וְחָזַר וְנָתַן לָהּ מַאֲמָר אַחֵר לְצָרָתָהּ בֵּין הוּא בֵּין אֶחָיו. אוֹ שֶׁנָּתַן מַאֲמָר לִיבִמְתּוֹ וְחָזַר אָחִיו וְנָתַן לָהּ מַאֲמָר אַחֵר אוֹ בְּעָלָהּ הֲרֵי זֶה מַאֲמָר פָּסוּל בֵּין הַמַּאֲמָר הָרִאשׁוֹן בֵּין הַמַּאֲמָר הָאַחֲרוֹן:
כסף משנה
7.
What is implied? If [a yavam] a) gave a get or performed chalitzah with his yevamah and afterwards he or one of his brothers gave her or another of his deceased brother's wives a ma'amar, or b) he entered into relations with his yevamah10Although the ma'amar that follows the relations is nullified, the marriage bond established by the relations remains in effect (Rav David Arameah). or gave her a ma'amar, and then he or one of his brothers gave another of his deceased brother's wives a ma'amar or entered into relations with her, the ma'amar is unacceptable. This applies both to the first ma'amar11This ma'amar is disqualified by the actions that follow it. and the second ma'amar.12This ma'amar is disqualified by the actions that preceded it.הלכה ח
נִמְצֵאתָ לָמֵד שֶׁהַמַּאֲמָר בֵּין שֶׁקְּדָמוֹ מַאֲמָר אַחֵר אוֹ גֵּט אוֹ חֲלִיצָה אוֹ בְּעִילָה. בֵּין שֶׁקָּדַם הַמַּאֲמָר לְאֶחָד מֵאֵלּוּ. הֲרֵי זֶה מַאֲמָר פָּסוּל. חוּץ מִן הַנּוֹתֵן מַאֲמָר וּבָעַל בְּעִילָה אַחַר הַמַּאֲמָר שֶׁזּוֹ הִיא כְּהִלְכָתָהּ:
כסף משנה
8.
Thus, we may conclude that whether a ma'amar was preceded by another ma'amar, a get, a chalitzah, or sexual relations, or whether any of these acts preceded a ma'amar, the ma'amar is unacceptable.13Although the ma'amar is unacceptable and yibbum is not allowed, a get is necessary (from both brothers, when two ma'amarim are involved), nevertheless, to nullify the kiddushin. Afterwards, one of the brothers should perform chalitzah to enable the woman to marry another man. The only exception is when [a yavam] gives a ma'amar and enters into sexual relations [with the yevamah] after the ma'amar; this follows the dictates of the law.הלכה ט
הַבְּעִילָה שֶׁבּוֹעֵל הַיָּבָם אֶת יְבִמְתּוֹ תְּחִלָּה אוֹ אַחַר מַאֲמָרוֹ בָּהּ וְלֹא קְדָמָהּ דָּבָר אַחֵר נִקְרֵאת בְּעִילָה כְּשֵׁרָה. וְאִם קְדָמָהּ מַאֲמָר מֵאֶחָיו אוֹ גֵּט בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו בֵּין בָּהּ בֵּין בְּצָרָתָהּ. אוֹ שֶׁקְּדָמָהּ מַאֲמָר בְּצָרָתָהּ בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו הֲרֵי זוֹ נִקְרֵאת בְּעִילָה פְּסוּלָה:
כסף משנה
9.
When a yavam enters into sexual relations with his yevamah at the outset14According to Rabbinic law, the yavam should give the yevamah a ma'amar before entering into relations with her. Nevertheless, after the fact, if he failed to give her such a ma'amar, their relations still establish a marriage bond between them that the Sages allowed to continue. or after giving her a ma'amar, and nothing else preceded [their relations], [their] relations are referred to as "acceptable."If a) a ma'amar from one of his brothers [was given to this yevamah],
b) a get was given [to this yevamah] or to one of [the deceased brother's] other wives, or
c) a ma'amar [was given by this yavam] or one of his brothers to one of [the deceased brother's] other wives, before [the yavam and the yevamah entered into relations], the relations are referred to as unacceptable.15In all these instances, the yavam must divorce the yevamah with a get, because of their relations in which they engaged, and also perform chalitzah because of his original obligation to her. Similarly, he and/or his brothers must give a get to any of his deceased brother's other wives if she was given a ma'amar in such an instance (Maggid Mishneh, based on Yevamot 50b).
הלכה י
הַחֲלִיצָה שֶׁחוֹלֵץ הַיָּבָם לִיבִמְתּוֹ תְּחִלָּה אִם לֹא קְדָמָהּ דָּבָר אַחֵר נִקְרֵאת חֲלִיצָה מְעֻלָּה. וְאִם קְדָמָהּ גֵּט אוֹ מַאֲמָר בֵּין מִיָּבָם זֶה בֵּין מֵאֶחָיו בֵּין בָּהּ בֵּין בְּצָרָתָהּ הֲרֵי זוֹ נִקְרֵאת חֲלִיצָה פְּחוּתָה:
כסף משנה
10.
When a yavam performs chalitzah with his yevamah at the outset without any other activity preceding it, the act is referred to as "a superior chalitzah."If [the chalitzah] was preceded by a get or a ma'amar, whether from this yavam or from his brothers, [which was given] either to this yevamah or to one of [the deceased brother's] other wives, the act is referred to as an "inferior chalitzah."16See Halachah 12. See also Chapter 7, Halachah 9, from which it is apparent that whenever a yavam cannot perform yibbum with his yevamah, the chalitzah he performs with her is deemed "inferior."
הלכה יא
יְבָמוֹת רַבּוֹת הַבָּאוֹת מִבַּיִת אֶחָד כֵּיוָן שֶׁנִּבְעֲלָה אַחַת מֵהֶן בְּעִילָה כְּשֵׁרָה אוֹ נֶחְלְצָה חֲלִיצָה מְעֻלָּה הֻתְּרוּ הַכּל וְנִסְתַּלְּקָה זִקַּת הַיָּבָם מֵעֲלֵיהֶן. וְאִם נִבְעֲלָה אַחַת מֵהֶן בְּעִילָה פְּסוּלָה אוֹ נִתַּן לָהּ מַאֲמָר פָּסוּל נֶאֶסְרוּ כֻּלָּן לְיִבּוּם וּצְרִיכָה גֵּט זוֹ שֶׁנִּבְעֲלָה אוֹ שֶׁנִּתַּן לָהּ מַאֲמָר. וּצְרִיכָה חֲלִיצָה [כָּל] אַחַת מֵהֶן לְהַתִּירָן לְזָר. שֶׁאֵין זִקַּת הַיִּבּוּם מִסְתַּלֶּקֶת בִּבְעִילָה פְּחוּתָה:
כסף משנה
11.
When there are many yevamot coming from one household,17I.e., the deceased was married to many wives. after one of them has entered into "acceptable relations" or performed a "superior chalitzah," all are permitted [to marry other men], and their obligation to the yavam is removed.If one of them entered into "unacceptable relations" or was given an "unacceptable ma'amar," all the wives are forbidden to perform yibbum.18I.e., as mentioned above, unacceptable relations and/or an unacceptable ma'amar have an effect and nullify the possibility of performing yibbum with any of the deceased's other wives. The woman who entered into relations or who received the ma'amar must be divorced with a get. [In addition,] {each} one19There is a question among the commentaries if the word "each" is included in the text of the Mishneh Torah or not. The Maggid Mishneh maintains that this word should be included in the text. According to his interpretation, even if the yavam performs chalitzah with one of the deceased's wives who did not receive a ma'amar or engage in relations with the yavam, this chalitzah does not remove the obligation from the deceased's other wives, and each of them must perform chalitzah.
The Lechem Mishneh differs and maintains that the word "each" is a later addition. (And indeed most authoritative manuscripts and early printings of the Mishneh Torah substantiate this contention.) According to this view, if the yavam performs chalitzah with one of the deceased's wives who did not receive a ma'amar or engage in relations with the yavam, this chalitzah removes the obligation from the deceased's other wives, and none of them is required to perform chalitzah.
Even according to this view, if the yavam performs chalitzah with the yevamah who received an unacceptable ma'amar or engaged in unacceptable relations, this chalitzah does not remove the obligation from the deceased's other wives, and each of them must perform chalitzah.
The Shulchan Aruch (Even HaEzer 170:19) quotes the Maggid Mishneh's interpretation of the Rambam's ruling, but mentions that other authorities differ. of them is required to perform chalitzah to be permitted to marry another man. For "unacceptable relations" do not remove [a yevamah's] obligation to her yavam.
הלכה יב
נֶחְלְצָה אַחַת מֵהֶן חֲלִיצָה פְּחוּתָה הֻתְּרָה לְהִנָּשֵׂא לְזָר זוֹ שֶׁנֶּחְלְצָה אֲבָל צָרָתָהּ אֲסוּרָה עַד שֶׁתַּחֲלֹץ גַּם הִיא אוֹ עַד שֶׁיַּחְלְצוּ כָּל הָאַחִין לָרִאשׁוֹנָה שֶׁנֶּחְלְצָה הַחֲלִיצָה הַפְּחוּתָה. שֶׁאֵין חֲלִיצָה פְּחוּתָה מְסַלֶּקֶת זִקַּת יִבּוּם מִבַּיִת זֶה עַד שֶׁתַּחֲזֹר עַל כָּל הָאַחִין אוֹ עַד שֶׁתֵּחָלֵץ כָּל אַחַת מֵהֶן:
כסף משנה
12.
If one of [a deceased man's wives] performs an "inferior chalitzah," she is permitted to marry another man, but [the deceased's] other wives remain forbidden [to marry] unless they perform chalitzah or unless all the brothers perform chalitzah with [the yevamah] who performed the "inferior chalitzah." For an "inferior chalitzah" does not remove the obligation of yibbum from this household until [the yevamah who performed the "inferior chalitzah" performs chalitzah] with all the brothers, or all [the deceased's wives] perform chalitzah.הלכה יג
כָּל יְבָמָה שֶׁנִּבְעֲלָה לִיבָמָהּ בֵּין בְּעִילָה כְּשֵׁרָה בֵּין בְּעִילָה פְּסוּלָה. וַאֲפִלּוּ בְּעָלָהּ אַחַר שֶׁחָלַץ לָהּ בֵּין הוּא בֵּין אֶחָיו בֵּין לְשֵׁם אִישׁוּת בֵּין לְשֵׁם יַבְּמוּת. וַאֲפִלּוּ בָּעַל צָרָתָהּ אַחַר שֶׁבָּעַל בְּעִילָה כְּשֵׁרָה בֵּין הוּא בֵּין אֶחָיו. הֲרֵי זוֹ צְרִיכָה גֵּט שֶׁהֲרֵי נַעֲשֵׂית אֵשֶׁת אִישׁ בַּבְּעִילָה. וְכֵן כָּל יְבָמָה שֶׁנִּתַּן לָהּ מַאֲמָר בֵּין מַאֲמָר כָּשֵׁר בֵּין מַאֲמָר פָּסוּל הֲרֵי זוֹ צְרִיכָה גֵּט מִפְּנֵי הַמַּאֲמָר כְּמוֹ שֶׁבֵּאַרְנוּ וְאַחַר כָּךְ יָסוּר אִסּוּר הַמַּאֲמָר:
כסף משנה
13.
Whenever a yevamah engages in sexual relations with her yavam, [a get is required to terminate the relationship], regardless of whether or not the relations are acceptable. [This applies] even if [the yavam] engaged in relations with [the yevamah] after performing chalitzah with her.20In which instance she is forbidden to him by Rabbinic decree, as stated in Chapter 1, Halachah 12.[Similarly, this ruling applies] regardless of whether [a yavam] or his brothers engaged in the relations for the sake of establishing a marriage bond21I.e., consecrating the woman by engaging in sexual relations with her, as stated in Hilchot Ishut 1:2. or for the sake of yibbum. Even if [a yavam] or his brother engages in relations with another [one of the deceased's] wives after [the yavam] engages in "acceptable relations" with [his yevamah],22In which case the relations with the second yevamah violate a positive commandment of the Torah, as stated in Chapter 1, Halachah 12. he must divorce the woman with a get, for these relations effect the establishment of a marriage bond.23For even when the relations violate a Rabbinic prohibition or a positive commandment, a marriage bond is effected, as stated in Hilchot Ishut 4:14.
Similarly, whenever a yevamah is given a ma'amar - whether an "acceptable ma'amar" or an "unacceptable ma'amar" - a get is required because of the ma'amar, as explained.24Halachah 2. Only then is the prohibition brought about by the ma'amar removed.
הלכה יד
כְּבָר אָמַרְנוּ שֶׁאֵין הַגֵּט דּוֹחֶה הַיְבָמָה דְּחִיָּה גְּמוּרָה וְכֵן הַמַּאֲמָר אֵינוֹ קוֹנֶה בָּהּ קִנְיָן גָּמוּר. אֲבָל הַבְּעִילָה קוֹנָה קִנְיָן גָּמוּר. וְהַחֲלִיצָה דּוֹחָה אוֹתָהּ דְּחִיָּה גְּמוּרָה. לְפִיכָךְ גֵּט אַחַר גֵּט בִּיבָמָה אוֹ מַאֲמָר אַחַר מַאֲמָר מוֹעִיל. אֲבָל בְּעִילָה אַחַר בְּעִילָה וַחֲלִיצָה אַחַר חֲלִיצָה אֵין הָאַחֲרוֹנָה מוֹעֶלֶת כְּלוּם. וְכֵן גֵּט אוֹ חֲלִיצָה אַחַר הַבְּעִילָה אֵינָהּ כְּלוּם:
כסף משנה
14.
As mentioned, a get does not dissolve [a yavam's connection with] his yevamah entirely.25As mentioned in Halachah 1, it is only through chalitzah that the connection is completely dissolved. Similarly, a ma'amar does not acquire her [as a wife for the yavam] in a complete way. It is [only] sexual relations that establish the marriage bond in a complete manner, and it is [only] chalitzah that dissolves the connection entirely.Therefore, when a yevamah is given one get after another, or one ma'amar after another, there is an effect.26As explained in the following halachah. When, however, [another brother] engages in relations with [a yevamah with whom a yavam] engaged in relations, or performs chalitzah with [a yevamah with whom a yavam] performed chalitzah, the second relations or the second chalitzah are of no consequence.27The intent is that the relations are of no consequence with regard to the laws of yibbum. They are, however, adulterous relations, and if the yevamah engages in them willingly, she is not permitted to remain married to her husband. Similarly, a get or chalitzah that follows relations is of no consequence.
הלכה טו
כֵּיצַד. יָבָם שֶׁנָּתַן גֵּט לִיבִמְתּוֹ וְחָזַר וְנָתַן גֵּט לְצָרָתָהּ הֲרֵי זֶה אָסוּר בִּקְרוֹבוֹת שְׁתֵּיהֶן. וְכֵן שְׁנֵי יְבָמִין שֶׁנָּתְנוּ שְׁנֵי גִּטִּין לִיבָמָה אַחַת זֶה אַחַר זֶה הֲרֵי זוֹ כִּגְרוּשָׁה לִשְׁנֵיהֶן וּשְׁנֵיהֶן אֲסוּרִין בִּקְרוֹבוֹתֶיהָ וְאֶחָד מֵהֶן חוֹלֵץ. וְכֵן אִם נָתַן גֵּט לִיבִמְתּוֹ וְחָזַר וְנָתַן אָחִיו גֵּט לְצָרָתָהּ כָּל אֶחָד אָסוּר בִּקְרוֹבוֹת זוֹ שֶׁנָּתַן לָהּ הַגֵּט. וְכֵן אִם נָתְנוּ מַאֲמָר אַחַר מַאֲמָר כְּמוֹ שֶׁבֵּאַרְנוּ. אֲבָל הַיָּבָם שֶׁחָלַץ לִיבִמְתּוֹ וְחָזַר וְחָלַץ לְצָרָתָהּ בֵּין הוּא בֵּין אָחִיו. וְכֵן שְׁתֵּי יְבָמִין שֶׁחָלְצוּ זֶה אַחַר זֶה לִיבָמָה אַחַת אֵין חֲלִיצָה אַחֲרוֹנָה כְּלוּם וְאֵין הַחוֹלֵץ אוֹתָהּ בָּאַחֲרוֹנָה אָסוּר בִּקְרוֹבוֹתֶיהָ. שֶׁזֶּה כְּחוֹלֵץ לִשְׁאָר הַנָּשִׁים שֶׁאֵין לוֹ עֲלֵיהֶן זִקָּה:
כסף משנה
15.
What is implied? When a yavam gives a get to a yevamah, and afterwards gives a get to another one of [the deceased's] wives, he is forbidden to marry the relatives of both women.28A person is forbidden to marry the women who are closely related to his divorcee. In this instance, although neither of these gittin is necessary, the prohibition is still applied in both cases.In this instance, both women are required to perform chalitzah in order to marry another man. See Shulchan Aruch (Even HaEzer 170:5).
Similarly, when two yevamim give two gittin to one yevamah, one after the other, she is considered to have been divorced by both of them. They are both forbidden to marry her relatives; one of them should perform chalitzah [with her].29Both brothers are not required to perform chalitzah in order for her to be permitted to marry others. Performing chalitzah with her does not, however, cause the deceased's other wives to become permitted, as explained in Halachot 11 and 12.
Similarly, if [a yavam] gives a get to his yevamah, and then his brother gives a get to another one of [the deceased's] wives, each brother is forbidden to marry the relatives of the woman to whom he gave the get. Similarly, if [two brothers each] give a ma'amar, one after the other, [each must give a get], as explained.30See Halachah 13.
When, however, a yavam performs chalitzah with his yevamah, and afterwards either he or his brother perform chalitzah with another of [the deceased's] wives, or two yevamim perform chalitzah with the same yevamah, the second chalitzah is of no consequence, and the brother who performed it is not forbidden to marry the woman's relatives.31As mentioned in Chapter 1, Halachah 14, the same relatives who are forbidden to a man who divorces his wife are forbidden to a man who performs chalitzah. It is just as if he performed chalitzah with another woman who is not under obligation to him.
הלכה טז
וְכֵן הַבּוֹעֵל יְבִמְתּוֹ וְחָזַר בֵּין הוּא בֵּין אָחִיו וְחָלַץ לָהּ אוֹ לְצָרָתָהּ אֵין חֲלִיצָה זוֹ כְּלוּם. וְכֵן אִם חָזַר אָחִיו וְנָתַן גֵּט לָהּ אוֹ לְצָרָתָהּ אֵינוֹ כְּלוּם. חָזַר אָחִיו וְנָתַן לָהּ מַאֲמָר אוֹ בָּעַל לֹא עָשָׂה כְּלוּם מֵאַחַר שֶׁבָּעַל אָחִיו תְּחִלָּה קָנָה קִנְיָן גָּמוּר וְאֵין הַקִּדּוּשִׁין תּוֹפְסִין בְּאֵשֶׁת אִישׁ. אֲבָל אִם נָתַן מַאֲמָר לְצָרָתָהּ אוֹ בָּעַל צָרָתָהּ צְרִיכָה גֵּט מִמֶּנּוּ כְּמוֹ שֶׁבֵּאַרְנוּ:
כסף משנה
16.
Similarly, when a man engages in relations with his yevamah,32This refers to "acceptable relations," as stated in Halachah 11. If the relations are "unacceptable," different laws apply (Maggid Mishneh). and then he or one of his brothers performs chalitzah with her or with one of the other wives [of his deceased brother], this chalitzah is of no consequence.Similarly, if his brother gave a get to [this yevamah or] any of the other wives [of his deceased brother], it is of no consequence. Nor is it of consequence if one of his brothers gives the woman a ma'amar or engages in relations with her.33If, however, the yevamah engages in these relations willingly, she must be divorced by her husband for committing adultery. Once the brother engaged in relations with her, he acquired her [as his wife] in a complete manner, and a married woman cannot be consecrated by another man. If, however, one of the brothers gave a ma'amar to one of the other wives [of his deceased brother], or engaged in relations with her, he must release her with a get, as we have explained.34See Halachah 13.
הלכה יז
שְׁנֵי יְבָמִין שֶׁיִּבְּמוּ שְׁתֵּי יְבָמוֹת הַבָּאוֹת מִבַּיִת אֶחָד וְלֹא נוֹדַע מִי יִבֵּם תְּחִלָּה שְׁנֵיהֶן יוֹצִיאוּ בְּגֵט וְיֻתְּרוּ לְזָרִים וַאֲסוּרוֹת לַיְבָמִין. לְפִיכָךְ רְאוּבֵן שֶׁהָיָה בִּירוּשָׁלַיִם וְלוֹ שְׁתֵּי נָשִׁים אַחַת בְּעַכּוֹ וְאַחַת בְּצוֹר וְשִׁמְעוֹן אָחִיו בְּעַכּוֹ וְלֵוִי אָחִיו בְּצוֹר וְשָׁמְעוּ שֶׁמֵּת רְאוּבֵן הַדִּין נוֹתֵן שֶׁלֹּא יְיַבֵּם אֶחָד מֵהֶן עַד שֶׁיִּוָּדַע מֶה עָשָׂה אָחִיו שֶׁמָּא קָדַם וְיִבֵּם. קָדַם אֶחָד מֵהֶן וְיִבֵּם אֵין מוֹצִיאִין מִיָּדוֹ עַד שֶׁיִּוָּדַע שֶׁאָחִיו יִבֵּם תְּחִלָּה. רָצָה הָאֶחָד לַחֲלֹץ קֹדֶם שֶׁיָּדַע מֶה עָשָׂה אֶחָיו אֵין מוֹנְעִין אוֹתוֹ:
כסף משנה
17.
[The following rules apply when] two yevamim perform yibbum with two yevamot coming from the same household, and it is not known who performed yibbum first.35I.e., the deceased left two or more wives and was survived by two or more brothers. One brother decided to perform yibbum with one of the widows. Unknowingly, another brother decided to perform yibbum with another widow, and it is not known who performed yibbum first. Both should divorce [the women] with gittin.36For the marriage of one of them is sinful, transgressing a positive commandment. Since it cannot be determined whose marriage is sinful, both are required to divorce.See also the Beit Yosef (Even HaEzer 170), who quotes a responsum of the geonim that also requires that one of the brothers perform chalitzah. The rationale is that perhaps one of the brothers gave his yevamah a ma'amar, and then the other one performed yibbum. Since these are "unacceptable relations," chalitzah is also necessary, as explained above. The women are then permitted to marry other men, but are forbidden to the yevamim.
Consequently, when Reuven lived in Jerusalem and he had two wives, one living in Akko and one living in Tyre, [and two brothers:] Shimon who lived in Akko and Levi who lived in Tyre, if there is a report that Reuven died, according to law it would be proper for neither brother to perform yibbum until he knows what his other brother did. For perhaps he performed yibbum first.
If one of the brothers does perform yibbum, he is not forced to divorce his wife until it is determined that his other brother performed yibbum first.37For it is not known that his brother performed yibbum, and even if he did perform yibbum, perhaps he did so after this brother performed yibbum. Since there are several doubts involved (םפק םפקא), the yavam is not forced to divorce until he has determined that his brother has also performed yibbum. If one brother desired to perform chalitzah without waiting to see what his other brother did, he is not prevented from doing so.38The commentaries have questioned this ruling, based on Chapter 3, Halachah 16, which requires a woman to wait until she discovers what has taken place overseas, lest the chalitzah be unnecessary, she discover that fact and marry a priest and an onlooker not know all the details of the situation. Such a scenario could also happen in the present situation.
There are commentaries that try to reconcile the Rambam's ruling. For example, Mishneh LaMelech explains that in the present instance, the doubt could be protracted indefinitely, while in the previous case, everything is dependent on a woman's giving birth, and the matter can be clarified after nine months. Nevertheless, because of these objections, the Shulchan Aruch (Even HaEzer 170:20) does not mention this element of the Rambam's ruling.
הלכה יח
יָבָם קָטָן בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד בִּיאָתוֹ כְּמַאֲמָר מִן הַגָּדוֹל שֶׁאֵינוֹ קוֹנֶה קִנְיָן גָּמוּר. וּמַאֲמָר בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד אִם נְתָנוֹ בַּתְּחִלָּה מוֹעִיל וַהֲרֵי הוּא פּוֹסֵל בּוֹ עַל הַגָּדוֹל אֲבָל אִם נְתָנוֹ בַּסּוֹף אֵינוֹ כְּלוּם. וְגִטּוֹ וַחֲלִיצָתוֹ אֵינָם כְּלוּם בֵּין בַּתְּחִלָּה בֵּין בַּסּוֹף:
כסף משנה
18.
When a yavam who is below the age of majority, [but more than] nine years and one day old, enters into relations [with a yevamah], [the consequence] is equivalent to [that of] a ma'amar given by an adult;39As mentioned in Chapter 1, Halachah 15 (and Hilchot Ishut 11:3), when a boy over nine years old enters into sexual relations with a woman, his actions are considered of consequence in certain contexts.The Maggid Mishneh and Rashi (Kiddushin 19a) explain that when a minor above nine years old enters into relations with a woman, he acquires her as his wife according to Scriptural law. (Nevertheless, if another man enters into relations with her, the other man is not executed for committing adultery.) Our Sages, however, reduced the level of connection established and caused their marriage bond to have only the effectiveness of a ma'amar.
[The rationale why yibbum performed by a minor is effective although a minor does not possess the intellectual maturity to take responsibility for his conduct is that we find that yibbum does not require intent at all; what is significant is the act of sexual relations. (See Chapter 2, Halachah 3.)]
Tosafot differ and maintain that, in this context, the relations of a nine-year old are of no consequence according to Scriptural law. Nevertheless, the Rabbis enforced a stringency and considered these relations to be equivalent to a ma'amar. [the yevamah] is not acquired as a wife in a complete manner.40This concept is illustrated in the halachah that follows, as is another consequence of the principle that the sexual relations that this youth engages in are considered equivalent to a ma'amar given by an adult.
When [a yavam who is below the age of majority, but more than] nine years and one day old, gives a ma'amar at the outset, it is effective and causes [the yevamah] to be forbidden to [his brothers] who are past majority. If, however, he gives [the ma'amar after a ma'amar has been given by his brothers who are past majority, his ma'amar] is of no consequence.
[Similarly,] a get that he gives or chalitzah that he performs is always of no consequence, whether it precedes [his brothers' actions] or follows them.41As mentioned in Chapter 4, Halachah 16, chalitzah performed by a minor is of no consequence, because the passage concerning chalitzah explicitly mentions an איש - i.e., a male past majority. Since chalitzah performed by a minor is of no consequence, a get given by him is of no consequence, because the disqualification caused by a get is an extension by the Rabbis of the Scriptural prohibition caused by chalitzah.
Significantly, the Rambam's statements here represent a reversal of his ruling in his Commentary on the Mishnah (Yevamot 10:6), in which he rules that a get given by a minor does disqualify a yevamah from performing yibbum with the minor's brothers.
הלכה יט
כֵּיצַד. בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ אוֹ שֶׁנָּתַן לָהּ מַאֲמָר תְּחִלָּה פְּסָלָהּ עַל שְׁאָר אַחִין. אֲבָל אִם עָשָׂה הַגָּדוֹל מַאֲמָר בִּיבִמְתּוֹ וְחָזַר בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד וְנָתַן לָהּ אוֹ לְצָרָתָהּ מַאֲמָר לֹא עָשָׂה כְּלוּם וְלֹא פְּסָלָהּ עַל אָחִיו הַגָּדוֹל. חָזַר בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד וּבָא עָלֶיהָ אוֹ עַל צָרָתָהּ אַחַר מַאֲמַר אָחִיו הַגָּדוֹל פְּסָלָהּ עַל הַגָּדוֹל כִּשְׁנֵי גְּדוֹלִים שֶׁעָשׂוּ מַאֲמָר אַחַר מַאֲמָר כְּמוֹ שֶׁבֵּאַרְנוּ:
כסף משנה
19.
What is implied? When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah, or gives her a ma'amar at the outset, he disqualifies her [from performing yibbum] with his other brothers. If, however, [one of the brothers] past majority gave his yevamah a ma'amar, and then [the brother who is below the age of majority, but more than] nine years and one day old, gives her or another one of the wives [of the deceased brother] a ma'amar, his actions are of no consequence, and he does not cause [the yevamah] to be forbidden to his elder brother.42Had the younger brother been past the age of majority, he would have disqualified the yevamah from performing yibbum with his older brother, as stated in Halachot 7 and 14.If, however, [the brother who is below the age of majority, but more than] nine years and one day old engages in relations with her or with another one of the wives of [the deceased brother], he causes [the yevamah] to be forbidden to his elder brother, as would be the case when two [brothers] past majority each gave a ma'amar one after the other, as we have explained.43See Halachot 7 and 14.
הלכה כ
בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ וְחָזַר אָחִיו הַגָּדוֹל וּבָא עָלֶיהָ אוֹ חָלַץ אוֹ נָתַן גֵּט לָהּ אוֹ לְצָרָתָהּ הֲרֵי זֶה פְּסָלָהּ עַל הַקָּטָן. וְכֵן אִם חָזַר הַקָּטָן וּבָא עַל צָרָתָהּ אוֹ בָּא אָחִיו הָאַחֵר שֶׁהוּא בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד עָלֶיהָ אוֹ עַל צָרָתָהּ נִפְסְלָה עָלָיו כְּדִין כָּל מַאֲמָר וּמַאֲמָר:
כסף משנה
20.
When a [yavam who is below the age of majority, but more than] nine years and one day old, has engaged in relations with his yevamah, and then one of his brothers past majority entered into relations with her, performed chalitzah with her, gave her a get, or performed one of these activities with another [one of the deceased brother's] wives, he disqualified the minor [from marrying his yevamah].44Since the minor's relations possess only the strength of a ma'amar, their effectiveness can be nullified by the actions of an older brother.Similarly, if the minor has engaged in relations with another [one of the deceased brother's] wives, or another brother who is also [below the age of majority, but more than] nine years and one day old, has engaged in relations with this woman, or with another [one of the deceased brother's] wives, [the woman with whom the first brother originally engaged in relations] is disqualified [from marrying him], as is the ruling whenever two ma'amarim are given one after the other.
הלכה כא
בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ וְהִגְדִּיל וְלֹא בָּא עָלֶיהָ מִשֶּׁהִגְדִּיל צְרִיכָה גֵּט וַחֲלִיצָה. גֵּט מִפְּנֵי בִּיאָתוֹ שֶׁהִיא כְּמַאֲמָר וַחֲלִיצָה לְהַתִּירָהּ לְזָר שֶׁהֲרֵי לֹא נִבְעֲלָה בְּעִילָה שֶׁקּוֹנָה קִנְיָן גָּמוּר. וְאִם בָּא עָלֶיהָ מִשֶּׁהִגְדִּיל הֲרֵי זוֹ צְרִיכָה גֵּט בִּלְבַד:
כסף משנה
21.
When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah and then does not engage in relations with her again after he attains majority, [he is] required [to give her] a get and perform chalitzah. The get [is necessary] because the relations in which he engaged are considered equivalent to a ma'amar. The chalitzah [is necessary] in order to permit the woman to marry another man, for she did not engage in relations that established a complete marriage bond.If [her yavam] engaged in relations with her after he attained majority, all that is required [to enable her to marry another man] is a get.45For the relations in which they engaged after the yavam attained majority complete the marriage bond.
הלכה כב
אֶחָד בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד. וְאֶחָד בֶּן עֶשְׂרִים שָׁנָה שֶׁלֹּא הֵבִיא שְׁתֵּי שְׂעָרוֹת וְלֹא נוֹלְדוּ בּוֹ סִימָנֵי סָרִיס כְּמוֹ שֶׁבֵּאַרְנוּ בִּתְחִלַּת הַסֵּפֶר:
כסף משנה
22.
[The same laws that apply to a yavam who is below the age of majority, but more than] nine years and one day old [apply to a yavam who] is twenty years old and has not manifested signs of physical maturity, but has also not manifested physical signs of impotency, as explained in the beginning of this book.46As explained in Hilchot Ishut 2:11, a male who does not manifest signs of impotency is considered a minor until he attains the age of 35.הלכה כג
קְטַנָּה שֶׁרְאוּיָה לְמָאֵן. וְהַחֵרֶשֶׁת. אַף עַל פִּי שֶׁקִּדּוּשֵׁי שְׁתֵּיהֶן מִדִּבְרֵי סוֹפְרִים כְּמוֹ שֶׁבֵּאַרְנוּ שְׁנֵי מִינֵי קִדּוּשִׁין הֵן. קְטַנָּה יֵשׁ לָהּ קִדּוּשִׁין כְּדֵי שֶׁלֹּא יִנְהֲגוּ בָּהּ מִנְהַג הֶפְקֵר. וְקִדּוּשֶׁיהָ תְּלוּיִין עַד שֶׁתַּגְדִּיל. וְחֵרֶשֶׁת תִּקְּנוּ לָהּ נִשּׂוּאִין כְּדֵי שֶׁלֹּא תִּשָּׁאֵר פְּנוּיָה לְעוֹלָם. לְפִיכָךְ אִם הָיוּ כָּל הַיְבָמוֹת הַבָּאוֹת מִבַּיִת אֶחָד קְטַנּוֹת אוֹ חֵרְשׁוֹת בִּיאָתָהּ שֶׁל אַחַת מֵהֶן פּוֹטֶרֶת אֶת כֻּלָּן:
כסף משנה
23.
As explained,47See Hilchot Ishut 4:7-9. both the consecration of a girl below the age of majority who is fit to leave her husband through the rite of mi'un,48As explained in Hilchot Ishut 4:7 and Hilchot Gerushin 11:1, when a girl's father died and she is below the age of majority, our Sages ordained that her mother and/or brothers can arrange a marriage for her. This marriage is not binding according to Scriptural law. Accordingly, when creating this option, our Sages gave the girl the possibility of nullifying the marriage before she reaches majority merely by making a verbal statement. and [the consecration of a girl who is] a deaf-mute are Rabbinic institutions. Nevertheless, they are two different types of ordinances. [For] the consecration of a minor was ordained so that [men] will not relate to her in an unrestrained manner.49If, however, she marries, they would respect the limits of modesty and her husband would protect her (Yevamot 112b). Her consecration is thus tentative until she comes of age. Consecration was ordained for a deaf-mute [for a different reason,] so that she will not remain unmarried forever.Accordingly, if all the yevamot coming from one household are below majority or all are deaf mutes,50If, however, one is a mentally capable woman past the age of majority, yibbum or chalitzah should be performed with her - for her marriage is binding according to Scriptural law - and not with those whose marriage is binding only by virtue of a Rabbinic ordinance. entering into relations with one of them frees them all from their obligation.51For their marriage bonds all share the same status.
הלכה כד
הָיְתָה אַחַת חֵרֶשֶׁת וְאַחַת קְטַנָּה אֵין בִּיאַת אַחַת מֵהֶן פּוֹטֶרֶת אֶת צָרָתָהּ. וְכֵיצַד תַּקָּנָתָן. מְלַמְּדִין הַקְּטַנָּה שֶׁתְּמָאֵן וְכוֹנֵס אֶת הַחֵרֶשֶׁת. וְאִם רָצָה לְגָרְשָׁהּ כּוֹתֵב לָהּ גֵּט אַחַר שֶׁיָּבוֹא עָלֶיהָ וְתֻתַּר לְזָר:
כסף משנה
24.
If [by contrast, the deceased was married to] a deaf-mute and a minor, engaging in relations with one does not free the other of her obligation.52The marriage relationship of each one possesses an advantage over the other. The marriage with the minor, had it not been interrupted, could have blossomed into a marriage bond binding according to Scriptural law. On the other hand, there is an advantage to the marriage to the deaf-mute, because the minor had the option of ending her marriage at will, while that of the deaf-mute was binding. As evident from Halachot 27 and 28, the marriage to the minor is preferable.What is the alternative? The minor should be instructed to [nullify her marriage through] mi'un,53For just as she can dissolve her relationship with her husband while he is alive, she can nullify it afterwards, freeing herself from any obligation to the yavam (Hilchot Gerushin 11:3).
The Ra'avad differs and maintains that a minor is permitted to free herself from an obligation to the yavam through mi'un only when this facilitates the establishment of a marriage bond that is binding according to Scriptural law. (See Halachah 30 and Chapter 7, Halachah 15.) In this instance, however, she is not given the privilege. Instead, she must wait until she attains majority and then perform chalitzah. The Shulchan Aruch (Even HaEzer 171:1) quotes the Rambam's view. and [a yavam] should marry the deaf-mute.54Since the deaf-mute is not considered responsible for her actions, she cannot perform chalitzah. She must either perform yibbum or remain unmarried for the remainder of her life.
If the yavam performs yibbum with the minor, he may not perform yibbum with the deaf-mute, for he is permitted to perform yibbum only with one of his deceased brother's wives. If he desires to divorce her, he may write a get for her after they engage in relations.55The deaf-mute is not considered responsible for her actions. Nevertheless, since according to Scriptural and Talmudic law a get may be given without the woman's consent, the divorce is binding (Hilchot Gerushin 10:23). She is then permitted [to marry] another man.
הלכה כה
הָיְתָה אַחַת פִּקַּחַת וְאַחַת חֵרֶשֶׁת בִּיאַת הַפִּקַּחַת אוֹ חֲלִיצָתָהּ פּוֹטֶרֶת הַחֵרֶשֶׁת. וְאֵין בִּיאַת הַחֵרֶשֶׁת פּוֹטֶרֶת הַפִּקַּחַת שֶׁאֵין קִדּוּשֶׁיהָ אֶלָּא מִדִּבְרֵיהֶן. וְכֵן גְּדוֹלָה וּקְטַנָּה בִּיאַת הַגְּדוֹלָה אוֹ חֲלִיצָתָהּ פּוֹטֶרֶת הַקְּטַנָּה וְאֵין בִּיאַת הַקְּטַנָּה פּוֹטֶרֶת אֶת הַגְּדוֹלָה:
כסף משנה
25.
If one [of the deceased's wives] was mentally competent, and one was a deaf-mute, engaging in relations with the mentally competent woman, or performing chalitzah with her frees the deaf-mute of her obligation. Engaging in relations with the deaf-mute, by contrast, does not free the mentally competent woman [from her obligation]. For the consecration of the deaf-mute is merely a Rabbinic institution.56And performing yibbum with a woman who is consecrated only according to Rabbinic law does not free a woman who is consecrated according to Scriptural law from her obligation.Similar [laws apply when one of the deceased wives was] above majority, and one was a minor. Engaging in relations with the woman past majority, or performing chalitzah with her frees the minor of her obligation. Engaging in relations with the minor, by contrast, does not free the woman past majority [from her obligation].
הלכה כו
הָיוּ שְׁתֵּיהֶן קְטַנּוֹת הָרְאוּיוֹת לְמָאֵן וּבָא הַיָּבָם עַל אַחַת מֵהֶן וְחָזַר וּבָא אוֹ הוּא אוֹ אָחִיו עַל הַשְּׁנִיָּה לֹא פָּסַל אֶת הָרִאשׁוֹנָה. אֲבָל מְלַמְּדִין אֶת הַשְּׁנִיָּה שֶׁתְּמָאֵן וִיקַיֵּם זֶה יְבִמְתּוֹ הַקְּטַנָּה שֶׁנִּבְעֲלָה תְּחִלָּה:
כסף משנה
26.
[The following rules apply if] both [the deceased's wives] were minors who are entitled to absolve their marriages through mi'un. If the yavam engages in relations with one of them, and then he or one of his brothers engages in relations with the other, this does not disqualify the marriage to the first.57For, as mentioned in Halachah 14, after a yavam engages in relations with his yevamah, their relationship cannot be disqualified. Nevertheless, we should instruct [the second one] to dissolve her marriage through] mi'un.58If the second wife does not perform mi'un, her consecration is also binding. Nevertheless, it involves the violation of a positive commandment. Moreover, a get is required for nullifying this marriage, and she becomes forbidden to the priesthood. If, however, she dissolves her marriage through mi'un, a get is not required. He should then maintain [his marriage] with the minor yevamah with whom he engaged in relations first.הלכה כז
וְכֵן הַדִּין בִּקְטַנָּה וְחֵרֶשֶׁת שֶׁבָּא הַיָּבָם תְּחִלָּה עַל הַקְּטַנָּה וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַחֵרֶשֶׁת לֹא פָּסַל אֶת הַקְּטַנָּה וְהַחֵרֶשֶׁת צְרִיכָה גֵּט. שֶׁבִּיאַת הַקְּטַנָּה מְעֻלָּה מִבִּיאַת הַחֵרֶשֶׁת. שֶׁהַקְּטַנָּה רְאוּיָה לְאַחַר זְמַן. לְפִיכָךְ יְקַיֵּם הַקְּטַנָּה שֶׁנִּבְעֲלָה תְּחִלָּה:
כסף משנה
27.
Similar laws apply if [the deceased was married to] a minor and a deaf-mute. If the yavam first enters into relations with the minor, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the minor. The deaf-mute, however, must be divorced via a get.59For relations with her are forbidden, and yet her consecration is binding.[The rationale is that] the relations with the minor are considered superior to relations with the deaf-mute, for ultimately the minor will be fit [to enter into a marriage bond that is binding according to Scriptural law]. Therefore, he should maintain his relationship with the minor with whom he engaged in relations first.60Although the Ra'avad differs with the Rambam and maintains that it is forbidden to remain married to the minor, the Shulchan Aruch (Even HaEzer 171:7) follows the Rambam's ruling.
הלכה כח
בָּא הַיָּבָם תְּחִלָּה עַל הַחֵרֶשֶׁת וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַקְּטַנָּה פָּסַל אֶת הַחֵרֶשֶׁת. וּמְלַמְּדִין הַקְּטַנָּה שֶׁתְּמָאֵן וְהַחֵרֶשֶׁת יוֹצְאָה בְּגֵט:
כסף משנה
28.
[In the above situation,] if the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the minor, this disqualifies the marriage to the deaf-mute.61For the marriage to the minor is preferable to that of the deaf-mute. We should instruct the minor to dissolve her marriage through] mi'un;62Since the yavam entered into relations with the deaf-mute first, he is not able to remain married to the minor. She should therefore dissolve her obligation to him through mi'un. The Sages preferred this option rather than having her wait until she attains majority and receives a get and chalitzah, because of the impression that the latter process might create (Or Sameach). Moreover, far fewer legal details are involved (Kin'at Eliyahu).Note the Tur (Even HaEzer 171), which interprets the Ra'avad's comments on this halachah as implying that the yavam should remain married to the minor. The Tur does not accept this view. the deaf-mute must be divorced with a get.63Once the minor has performed mi'un, it appears that there is no obligation for the deaf-mute to be divorced, for the minor has uprooted her connection to her deceased husband, and as such, the relations with her seemingly should not affect the status of the deaf-mute. Nevertheless, our Sages ruled that the deaf-mute must be divorced, as a penalty, because the yavam should have waited to engage in relations with her until the minor performed mi'un (Or Sameach).
The Tur (loc. cit) differs and maintains that the yavam may remain married to the deaf-mute. The Shulchan Aruch (Even HaEzer 171:8) quotes the Rambam's view, while the Ramah mentions that of the Tur.
הלכה כט
הָיוּ אַחַת פִּקַּחַת וְאַחַת חֵרֶשֶׁת. בָּא הַיָּבָם עַל הַפִּקַּחַת וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַחֵרֶשֶׁת לֹא פָּסַל אֶת הַפִּקַּחַת וְהַחֵרֶשֶׁת צְרִיכָה גֵּט. בָּא הַיָּבָם עַל הַחֵרֶשֶׁת וְחָזַר הוּא אוֹ אָחִיו וּבָא עַל הַפִּקַּחַת פָּסַל אֶת הַחֵרֶשֶׁת. וְהַחֵרֶשֶׁת יוֹצְאָה בְּגֵט. וְהַפִּקַּחַת בְּגֵט וּבַחֲלִיצָה:
כסף משנה
29.
[The following rules apply if the deceased was married to] a mentally competent woman and a deaf-mute. If the yavam engaged in relations with the mentally competent woman, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the mentally competent woman.64For her marriage was established through "acceptable relations." Even if the other wife of the deceased was mentally competent, relations with her would not disqualify the yavam's marriage to the first yevamah. The deaf-mute, however, must be divorced via a get.65Because the relations with her consecrated her. Nevertheless, continuing this marriage involves a prohibition.If the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the mentally competent woman, this disqualifies the marriage to the deaf-mute.66Since the marriage to the mentally competent woman is binding according to Scriptural law, it supersedes the marriage to the deaf-mute. The deaf-mute must be divorced with a get, and the mentally competent woman should receive both a get and chalitzah.67She must be divorced, because the relations with the deaf-mute cause relations with her to be considered as "unacceptable relations." Therefore, she must receive a get to nullify the consecration brought about by the relations, and chalitzah to nullify her obligation to her yavam.
הלכה ל
הָיוּ גְּדוֹלָה וּקְטַנָּה וּבָא עַל הַגְּדוֹלָה וְחָזַר הוּא אוֹ אָחִיו וּבָא עַל הַקְּטַנָּה לֹא פָּסַל הַגְּדוֹלָה וּמְלַמְּדִין אֶת הַקְּטַנָּה שֶׁתְּמָאֵן. בָּא עַל הַקְּטַנָּה וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַגְּדוֹלָה. מְלַמְּדִין אֶת הַקְּטַנָּה שֶׁתְּמָאֵן וִיקַיֵּם הַגְּדוֹלָה שֶׁבְּעִילָתָהּ קוֹנָה קִנְיָן גָּמוּר:
כסף משנה
30.
[The following rules apply if the deceased was married to] a woman past the age of majority and one below the age of majority. [If the yavam] first enters into relations with the woman past majority, and then he or one of his brothers engages in relations with the minor, this does not disqualify the marriage to the woman past majority.68For these are "acceptable relations." We should, however, instruct the minor to dissolve her marriage through mi'un.69Since the yavam entered into relations with the woman past majority first, he is not able to remain married to the minor. She should therefore dissolve her obligation to him through mi'un, rather than having her receive a get, because in this manner she is not disqualified from the priesthood.If he first enters into relations with the minor, and then he or one of his brothers engages in relations with the woman past majority, we should instruct the minor to dissolve her marriage through mi'un,70In this way, the minor dissolves all connection to the yavam, and there is no prohibition against his remaining married to the woman past majority. This option is preferred so that the yavam will have performed an act of yibbum that is binding according to Scriptural law. and he should remain married to the woman past majority. [The rationale is that] relations with her establish a fully binding marriage bond.