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1) DOES MA'AMAR WORK AFTER CHALITZAH?

(a) Rebbi holds, there is Zikah; Chalitzah uproots the Zikah.
(b) Chachamim hold, there is not Zikah. Just as initially, had he said, be engaged to me with this Ma'amar of Yevamin, it would work - Chalitzah did not change anything!
(c) (Rav Sharbiya): By a proper Chalitzah, if he said, be engaged to me with the Zikah of Yevamin, all agree that it would not work.

1. They argue by an invalid Chalitzah. Rebi holds that an invalid Chalitzah exempts; Chachamim hold, it does not exempt.

(d) Objection (Rav Ashi): All hold that an invalid Chalitzah does not exempt!

1. The argument is, does a condition work by Chalitzah? Rebbi holds that it does not, Chachamim hold that it does.

(e) Objection (Ravina): All hold that a condition works by Chalitzah!

1. The argument is, must a condition be spoken out in both directions. Rebbi holds that it must be, Chachamim hold that it need not be.

(f) (Mishnah): If he did Chalitzah, gave a Ma'amar, or a Get, or had relations ...
(g) Question: Why doesn't the Mishnah also say, nothing takes effect after relations?
(h) (Abaye and Rava): The text should say that!

1. Our Tana prefers to teach, nothing takes effect after Chalitzah, since Chalitzah permits her to marry others.

(a) (Mishnah): The same law applies whether there is 1 Yevamah or 2.
(b) Our Mishnah is unlike Ben Azai.

1. (Ben Azai): A Ma'amar takes effect after a Ma'amar when there are 2 Yevamim and 1 Yevamah, but not when there are 2 Yevamos and 1 Yavam.

(c) (Mishnah): He gave a Ma'amar ...
(d) Suggestion: Our Mishnah supports Shmuel, and refutes Rav Yosef.

1. Shmuel: If the Yevamah that received the Ma'amar does Chalitzah, the Tzarah is not exempted.

(e) Rejection: This is no support/refutation - it does not say one *should* do Chalitzah to the other - it says, *if* one did!
(f) (Mishnah): If he gave a Get to each ...
(g) Suggestion: Our Mishnah supports Rabah Bar Rav Huna.

1. (Rabah Bar Rav Huna): An invalid Chalitzah must be repeated by all the brothers.

(h) Rejection: No - when it says *they* need Chalitzah, it does not mean both Yevamos in this case - rather, it means in general, one of the Yevamos must do Chalitzah.
(i) (Mishnah): He gave a Get to 1, and Chalitzah to the other ...
(j) Suggestion: Our Mishnah supports Shmuel, and refutes Rav Yosef.

1. Shmuel: If the Yevamah that received the Get does Chalitzah, the Tzarah is not exempted.

(k) Rejection: This is no support/refutation - it does not say one *should* do Chalitzah to the other - it says, *if* one did!
(l) (Mishnah): If he did Chalitzah to both, or ...
(m) Question: Why doesn't the Mishnah also say, nothing takes effect after relations?
(n) (Abaye and Rava): The text should say that!

1. Our Tana prefers to teach, nothing takes effect after Chalitzah, since Chalitzah permits her to marry others.

(o) (Mishnah): This applies whether there is 1 Yavam and 2 Yevamos ...
(p) We understand, according to R. Yochanan, who says that after Chalitzah, all the Tzaros are Chayavei Lavin to all the Yevamim - the Mishnah teaches that engagement does not take effect by Chayavei Lavin.

1. Question: According to Reish Lakish, who says that they are Chayavei Kerisus - must the Mishnah teach that engagement does not take effect by Chayavei Kerisus?
2. Counter-question:: The end of the Mishnah teaches, if he did Yibum and gave a Ma'amar - must the Mishnah teach that engagement does not take effect on a married woman?!
3. Rather, you must say, since we taught how to permit a Yevamah when there is only 1 Yevamah and 1 Yavam - we also taught the case of 2 Yevamos and 1 Yavam.

i. On account of this case, we also taught the case of 2 Yevamim and 1 Yevamah.

3) WE DID NOT DECREE AFTER CHALITZAH

(a) (Mishnah): If he did Chalitzah, gave a Ma'amar or a Get ...
(b) We understand, if he did Chalitzah and gave a Ma'amar, we must hear that we do not decree a Ma'amar after Chalitzah on account of a Ma'amar before Chalitzah.

1. Question: Why must it be taught, a Get after Chalitzah does nothing?
2. Counter-question: The end of the Mishnah teaches, if he did Yibum and gave a Ma'amar, or did Yibum and gave a Get ...
3. We understand, if he did Yibum and gave a Get, we must hear that we do not decree a Get after Yibum on account of a Get before Yibum.

i. Question: Why must it be taught, a Ma'amar after Yibum does nothing?
ii. Answer: You must say, since we taught when he did Chalitzah and gave a Ma'amar, we also taught the case of Yibum and a Ma'amar.

4. Answer: Also, we can say, since we had to teach the case of Yibum and then a Get, we also taught the case of Chalitzah and then a Get!

(c) (Mishnah): When she is ...
(d) Our Mishnah is unlike Aba Yosi.

1. (Beraisa - Aba Yosi Ben Yochanan Ish Yerushalayim says, relations are like Chalitzah - at the beginning, nothing takes effect after them; in the middle or end, things take effect after them.

(e) There are 3 opinions among the Tana'im.

1. The 1st Tana of the Mishnah holds, we only decree after Yibum, since then there is a concern;
2. Rav Nachman holds, also by relations there is no need to decree.

i. Above we said, we decree Yibum after a Get on account of Yibum after Chalitzah - R. Nechemyah holds, since Chalitzah is mid'Oraisa, people know that Yibum cannot come later.
ii. Above we said, we decree Yibum after a Ma'amar on account of relations after relations - R. Nechemyah holds, since Yibum is mid'Oraisa, people know that another Yibum cannot be done.

3. Aba Yosi holds as Chachamim that decree by relations, and decree by Chalitzah on account of relations.

4) WHAT SORT OF RELATIONS ACQUIRE?

(a) (Mishnah): A Yavam that ha relations with his Yevamah - whether he was unaware or intending, whether forced or willing, even if he was unaware and she was intending, or he was intending and she was unaware, he was forced and she was not, or she was forced and not him;
(b) There is no difference if only the first stage of relations were performed, or the full act - we do not distinguish different types of relations;
(c) Similarly, one that has relations with any Ervah in the Torah - a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, a Bas Yisrael to a Mamzer or Nasin - she is disqualified, and we do not distinguish what kind of relations they were,
(d) (Gemara): Why did we say 'Even (he is unaware)'
(e) Answer: Not only when he is unaware, and she intends for the Mitzvah - or, when he is aware (and intends for extramarital relations), and she intends for the Mitzvah - but even when he is unaware, and she is aware, neither intends for the Mitzvah - still, he acquires her.
(f) (Beraisa - R. Chiya): Even if both are unaware, or both are aware, or both forced.
(g) Question: What is the case of being forced in the Mishnah?

1. Suggestion: If Nachrim forced him to have relations - but Rava taught, a man is never considered forced, since hardening (of the *Ever*) only comes willfully!

(h) Answer #1: Rather, the case is, he is sleeping.