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1) THE WIFE OF A BROTHER THAT DIED BEFORE THE YAVAM WAS BORN

(a) He cannot do Yibum with one, and exempt the other - perhaps Zikah is not like Yibum, and these are as 2 Yevamos falling from different brothers.

1. We see, R. Shimon is in doubt if Zikah is as Yibum.

(b) Suggestion: Perhaps D'oraisa he can do Yibum with one and exempt the other; Rabbinically, this is not allowed, lest people say that this is the law for Yevamos that fall from different brothers.
(c) Rejection: R. Shimon's reason is because of the Ma'amar!

1. (Beraisa - R. Shimon): If the Ma'amar is as Yibum - he does Yibum with the widow of the 2nd brother; if Ma'amar is not as Yibum - he does Yibum with the widow of the 1st brother!

(d) Question (Abaye): Don't you distinguish between Zikah when there is 1 Yavam, and when there are 2?

1. Perhaps R. Shimon only says Zikah is as Yibum when there is only 1 Yavam!

(e) Question: Does R. Shimon really make such a distinction?

1. (Beraisa - R. Shimon): The general rule is, if the brother was born before the Yibum, she does neither Chalitzah nor Yibum; , if the brother was born after the Yibum, she does Chalitzah or Yibum.
2. Suggestion: There is 1 brother, and she is exempt (when the Yavam was born before the Yibum)!
3. Rejection: No there are 2 brothers.
4. Question: But if there was only 1, she would do Chalitzah or Yibum?

i. If so rather than teaching (in the end of the Beraisa) when the Yavam was born after the Yibum - make the distinction when he was born before - when he is the only brother, she does Chalitzah or Yibum!

5. Answer: The entire Beraisa is a case of 2 Yevamim.
6. Question #!: If so, this is not such a general rule!
7. Question #2(Rav Oshiya - Mishnah): 3 brothers, 2 are married to sisters, or a woman and her daughter, or a woman and her daughter's daughter, or a woman and her son's daughter - they do Chalitzah, not Yibum; R. Shimon says, they are exempt.

i. If R. Shimon holds that Zikah is like Yibum, he may do Yibum with one and exempt the other!

8. Answer (Rav Amram): True! R. Shimon only said that the 2nd widow is exempt.

(f) Objection (Beraisa - R. Shimon): Both are exempt!
(g) Answer #1(Rava): The 2nd widow in each pair is exempt.

1. Rava misunderstood the Beraisa of 4 pairs.

i. Mistake #1: Each brother had only 1 wife (not 4) - the 2 wives were related in 1 of the 4 ways.
ii. Mistake #2: According to Rava, it should have said, R. Shimon exempts all 4.
iii. Mistake #3: A Beraisa teaches, R. Shimon exempts them because of "Do not take to be Tzaros - when (sisters) are Tzaros to each other (through Zikah), you cannot marry either.

(h) Answer #2 (Rav Ashi): If they fell to Yibum at different times, one could do Yibum on 1 and exempt the other.

1. The case is, they fell to Yibum simultaneously.
2. R. Shimon holds as R. Yosi ha'Gelili, who says that it is possible that 2 events (e.g. deaths) happened at the exact same time.

(a) (Rav Papa): R. Shimon only argues when the brother is born after Yibum; he admits, if he is born before, he admits to Chachamim that she is exempt.

1. Both Mishnayos are needed to teach the opinion of Chachamim.
2. The 2nd Mishnah teaches more than the first.

(b) A Beraisa supports Rav Papa and refutes Rav Oshiya.

1. (Beraisa): A man died, leaving a brother Shimon. Another brother was born before Shimon had a chance to give a Ma'amar; Shimon died;
2. The first widow is exempt as the wife of a brother that died before the Yavam was born; the 2nd does Chalitzah or Yibum;
3. If Shimon made a Ma'amar before or after a brother was born, and died - the 1st widow is exempt as the wife of a brother that died before the Yavam was born; the 2nd does Chalitzah, not Yibum;

4. R. Shimon says, Yibum or Chalitzah on one woman (i.e. the one that did not receive the Ma'amar) exempts her Tzarah.

i. If the woman that received the Ma'amar does Chalitzah, her Tzarah is not exempted.

5. If Shimon did Yibum, died, and then a brother was born; or, if a brother was born, and then Shimon did Yibum and died - R. Meir says, both are exempt from Chalitzah and Yibum;
6. R. Shimon says, since he (the newborn brother) entered the world when she was permitted, and was never forbidden to him, he may do Yibum or Chalitzah with either one.

(c) Question: Why was the last clause taught?

1. Suggestion: If it teaches how R. Meir holds - he does not distinguish if the brother was born before or after Yibum, both cases should have been taught together!
2. Rather, it was taught to reveal how R. Shimon holds.

i. We see, R. Shimon only argues when the Yibum preceded the birth, but admits when the birth preceded the Yibum.

(a) (Beraisa (above)): Shimon was going to give a Ma'amar; a brother was born before he did; Shimon died;
(b) The first widow is exempt as the wife of a brother that died before the Yavam was born, the 2nd does Chalitzah or Yibum.
(c) Question: What does it mean, he was going to give a Ma'amar but did not?

1. If he gave it, he gave it; if not, not!

(d) Answer: He wanted to give it with her consent, but was not able, and gave it against her will.

1. This is unlike Rebbi.
2. (Beraisa - Rebbi): A Ma'amar given against the will of the Yevamah is valid; Chachamim say, it is invalid.

i. Rebbi learns Ma'amar from Yibum. Just as Yibum works against her will, also Ma'amar.
ii. Chachamim learn from regular engagement, which requires her consent.
iii. Rebbi says it is better to learn matters of a Yevamah from matters of a Yevamah; Chachamim say, it is better to learn engagement from engagement.

(e) (Beraisa (above)): If Shimon made a Ma'amar before or after a brother was born, and died - the 1st widow is exempt as the wife of a brother that died before the Yavam was born; the 2nd does Chalitzah, not Yibum;
(f) R. Shimon says, Yibum or Chalitzah on one woman exempts her Tzarah.
(g) Question: In which case is R. Shimon speaking?

1. Suggestion: If when the Ma'amar was done after the birth - but we proved that R. Shimon admits when the birth precedes Yibum!
2. Rather, when the Ma'amar preceded the birth.

(h) (Beraisa (above)): If he does Chalitzah to the widow that received a Ma'amar, her Tzarah is not exempted.

1. The reason is, the Tzarah definitely fell to Yibum; but the receiver of the Ma'amar might not (if Ma'amar is not as Yibum, she is the wife of a brother that died before the Yavam was born); a Chalitzah of doubtful validity cannot exempt a woman that definitely fell to Yibum.

(a) Question (Rav Menasheh Bar Zvid): What is the reason of R. Shimon?

1. Question: The Beraisa explicitly says, since she was permitted from the day he was born!

(b) Correction of question: Rather, what is the reason of Chachamim?
(c) Answer: "He will take her as a wife and do Yibum" - she still is considered a Yevamah.
(d) Question (Mishnah): When he does Yibum, she is as his wife in all respects.
(e) (R. Yosi Bar Chanina): This teaches that he can divorce her and remarry her.