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1) A YEVAMAH THAT FALLS FROM 2 BROTHERS

(a) Question: What is wrong if they say this?
(b) Answer: If they would do Yibum and then Chalitzah, there would be no problem.

1. The concern is, they may do Chalitzah and then Yibum.

i. "That will not build ... " - once Chalitzah is done, it is forbidden to do Yibum.

(c) Version #1 (Rava): If he gave her a Get to undo his Ma'amar, her Tzarah may do Yibum; but she is forbidden, since she may be confused with the recipient of a Get to undo Zikah.
(d) Version #2 (Rava): If he gave her a Get to undo his Ma'amar, even she may do Yibum.

1. What he did, he undid.

(a) (Mishnah): 2 brothers are married to 2 sisters. One dies, and then his brother's wife died. The Yevamah is forever forbidden, since she was once forbidden.
(b) (Gemara) Question: This is obvious!

1. In the Mishnah of 3 brothers (30A), when she was able to do Yibum with a Yavam, she was forever forbidden to the Yavam she was initially forbidden to.
2. Here, that she cannot (initially) do Yibum at all - all the more so, she is forever forbidden!

(c) Answer: The Tana first taught our Mishnah, thinking that in the other case, she would be permitted. Later, he saw that even there, she is forbidden.

1. Since it is a bigger Chidush, he put it before our Mishnah; our Mishnah was not discarded.

(a) (Beraisa - R. Yosi): If he had relations with her (before his wife died), he is liable for the prohibitions of a brother's wife and one's wife's sister;

1. R. Shimon says, he is only liable for a brother's wife.

(b) Contradiction: Another Beraisa teaches, R. Shimon says that he is only liable for one's wife's sister!
(c) Answer: That is when he married before his brother; our Beraisa is when his brother married first.
(d) Question: According to R. Shimon - when the deceased brother married first, since the prohibition of one's wife's sister does not take effect, Yibum should be permitted!
(e) Answer (Rav Ashi): The prohibition is hanging; if the prohibition of his brother's wife will go away, the prohibition of one's wife's sister will take effect.

1. Therefore, Yibum is forbidden, and the prohibition of a wife's brother remains.

(f) Question: Does R. Yosi really hold that Isur Chal Al Isur (a prohibition takes effect on top of a prohibition)?

1. Contradiction (Beraisa): A man did a sin that is punishable by 2 different deaths - he receives the more severe one;
2. R. Yosi says, he is sentenced to the first which applied.

i. (Beraisa): What is considered the first that applies? If his mother-in-law got married, (and he had relations with her), he is liable for a mother-in-law; if she was married and then became his mother-in-law, he is liable for a married woman.

(g) Answer #1(R. Avahu): R. Yosi admits by an Isur Mosif (a prohibition which forbids the forbidden object to more people), that Isur Chal Al Isur.

1. This explains the case when the surviving brother married before the brother that died.

i. When the Yevamah later married, she became forbidden to all the brothers, so the prohibition also takes effect on her sister's husband.

2. Question: When the deceased brother married first - what Isur Mosif is there?

i. Suggestion: If you will say, because the surviving brother became forbidden to all the sisters - but this is Isur Kolel (a prohibition which forbids more objects on the person)!

(h) Answer #2 (Rava): Really, he is only liable for 1 - R. Yosi just said he is considered as liable for both.

1. The result of saying this is that he is buried among the utterly wicked (as if he did 2 sins).

(i) R. Chiya and Bar Kapara argued as R. Yosi and R. Shimon.

1. A non-Kohen served in the Temple on Shabbos. R. Chiya said he is liable for 2 sins; Bar Kapara said, for 1.

i. R. Chiya: I swear, Rebbi said he is liable for 2!
ii. Bar Kapara: I swear, Rebbi said he is liable for 1!
iii. R. Chiya: Shabbos was forbidden to all. It was permitted (for Temple service) only to Kohanim. He is liable for transgressing Shabbos, and for serving as a non-Kohen.
iv. Bar Kapara: Shabbos was forbidden to all. It was permitted to all. He is only liable for serving as a non-Kohen.

(j) A blemished Kohen served in the Temple when Tamei. R. Chiya said he is liable for 2 sins; Bar Kapara said, for 1.

1. R. Chiya: I swear, Rebbi said he is liable for 2!
2. Bar Kapara: I swear, Rebbi said he is liable for 1!
3. R. Chiya: Serving when Tamei was forbidden to all. It was permitted only to unblemished Kohanim. He is liable for serving as a blemished Kohen, and for serving when Tamei.
4. Bar Kapara: Serving when Tamei was forbidden to all. It was permitted in the Temple (for sacrifices of the congregation). He is only liable for serving as a blemished Kohen.

(k) A non-Kohen ate Melikah (a sacrificed bird, which is killed by pinching its neck). R. Chiya said he is liable for 2 sins; Bar Kapara said, for 1.

1. R. Chiya: I swear, Rebbi said he is liable for 2!
2. Bar Kapara: I swear, Rebbi said he is liable for 1!
3. R. Chiya: Eating Nevelah (an animal that died without being slaughtered) was forbidden to all. It was permitted in the Temple only to Kohanim. He is liable for eating a very holy sacrifice as a non-Kohen, and for eating Nevelah.
4. Bar Kapara: Eating Nevelah was forbidden to all. It was permitted in the Temple. He is only liable for eating a very holy sacrifice as a non-Kohen.