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1) ANNULMENT OF A YEVAMAH'S VOWS

(a) (Mishnah - R. Eliezer): A Shomeres Yavam, whether there is 1 Yavam or 2, the Yavam can annul her vows;
(b) R. Yehoshua says, if there is 1 Yavam, he can annul her vows; if there are 2, neither can annul them;
(c) R. Akiva says, whether there is 1 Yavam or 2, he cannot annul her vows.

1. R. Eliezer: If a husband can annul the vows of a woman he married himself - all the more so, of a woman acquired to him at the hands of Heaven (i.e. through the death of his brother)!
2. R. Akiva: No - a husband can annul his wife's vows because she is special to him and to no one else; you cannot learn to a Yevamah, for other (Yevamim) have a connection to her!
3. R. Yehoshua: R. Akiva - your objection only applies when there are 2 Yevamim, not when there is only 1!
4. R. Akiva: A Yevamah is not acquired to her Yavam as fully as a wife is to her husband.

(d) (Gemara): We understand R. Akiva - he holds, there is no Zikah (a Shomeres Yavam is not considered as partially married to the Yavam);
(e) We understand R. Yehoshua - he holds, there is Zikah;
(f) Question: What is R. Eliezer's reason?

1. Even if he holds that there is Zikah - there is not Breirah (retroactive clarification, i.e. we cannot say that she is already considered partially married to the Yavam that will later do Yibum)!

(g) Answer (R. Ami): R. Eliezer holds as Beis Shamai, who say that a Ma'amar (engagement of a Yevamah) fully acquires her.

1. R. Yehoshua says, this only applies when there is 1 Yavam.

i. (If Reuven gave a Ma'amar to his Yevamah, and he has a brother Shimon - ) since Shimon could have relations with or give a Get to the Yevamah, which would forbid her to Reuven, it cannot be that Reuven can annul her vows!

2. R. Akiva holds, there is no Zikah.

(h) Question: According to (the Amora) R. Elazar, who says that Beis Shamai say that a Ma'amar does not fully acquire a Yevamah, it merely eliminates Zikah to the other brothers - how can he explain R. Eliezer?
(i) Answer: The case is, Beis Din ruled that the Yavam must feed her; R. Eliezer holds as Rav Pinchas.

1. (Rav Pinchas): A woman always intends that her vows should be valid only if her husband consents to it.

(j) (Mishnah): R. Eliezer: If a husband can annul the vows of a woman he married himself - all the more so, of a woman acquired to him at the hands of Heaven!
(k) Question (against R. Ami): If the case is, he gave her a Ma'amar - he acquired her himself!
(l) Answer: He acquired her himself, through the hands of Heaven.

(a) Suggestion: We can resolve Rabah's question.

1. Question (Rabah): According to Beis Shamai, does a Ma'amar make engagement or Nisu'in?
2. If it only makes engagement, he would not be able to annul!

i. (Mishnah): The vows of an engaged Na'arah can be annulled by her father and husband (together).

(b) Rejection (Rav Nachman b'Rebbi Yitzchak): We can say, it makes engagement - when R. Eliezer said that he can annul, he meant, together with the father.
(c) A Beraisa supports R. Ami.

1. (Beraisa): A Shomeres Yavam, whether there is 1 Yavam or 2 - R. Eliezer says, he can annul her vows; R. Yehoshua says, if there is 1 Yavam he can annul; if there are 2, they cannot annul; R. Akiva says, in either case he cannot annul.

i. R. Eliezer: A (standard) wife was not acquired at all to her husband before he engaged her - after marriage, the acquisition is completed (and he may annul her vows);

A. A Yevamah that was partially acquired to her Yavam before he acquired her - all the more so, when she enters his domain, the acquisition is completed!

ii. R. Akiva: No - you cannot learn from a husband, for just as he had no attachment to her (before engagement), no one else did, either;

A. A Yevamah was partially acquired to her Yavam by Heaven - she was also partially acquired to other (Yevamim)!

iii. R. Eliezer: R. Akiva - your objection only applies when there are 2 Yevamim, not when there is only 1!
iv. R. Akiva: We do not distinguish (regarding other laws), whether there is 1 Yavam or 2, whether he gave a Ma'amar or not; annulment of vows is as other laws!

2. Ben Azai: What a shame, that I did not serve (to learn from such a Chacham as) R. Akiva!