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1) ZIKAH (cont.)

(a) Answer #2: If so, I would think that is only true when she is alive, but that Zikah ends after she dies.

i. Rather, we see that Zikah does not go away by itself.

(b) Suggestion: This Mishnah supports Rav Yehudah.

1. (Mishnah): A Yevamah that died, the Yavam may marry her sister.
2. Only her sister, but not her mother!

(c) Rejection: This is no support. One may even marry her mother. Since the beginning of the Mishnah teaches, if a man's wife dies, he may marry her sister, the end of the Mishnah also deals with a sister.

i. The Torah prohibits a man to marry his wife's mother, even after she dies.

(d) Question (Rav Huna Bar Chiya - Mishnah): If he gave her a Ma'amar and died, the 2nd widow does Chalitzah but not Yibum.

1. Inference: Had he not given a Ma'amar, the 2nd widow could even do Yibum.

i. If you will say there is Zikah - she is as the Tzarah of the wife of a brother that died before the Yavam was born (and should be forbidden)!

(e) Rejection (Rabah): No, even if no Ma'amar was given, she may not do Yibum.

1. The Mishnah talks of a Ma'amar to teach unlike Beis Shamai, who says that a Ma'amar fully acquires the Yevamah.

(f) Question (Abaye - Mishnah): A man died without children. His brother Shimon was going to give a Ma'amar to the Yevamah, but first another brother was born, and Shimon died. The first widow is exempt - she is the wife of a brother that died before the Yavam was born; the 2nd widow does Chalitzah or Yibum.

1. If there is Zikah - through Zikah, she is the Tzarah of the wife of a brother that died before the Yavam was born (and should be forbidden)!

(g) Answer: The Mishnah is as R. Meir, who holds that there is not Zikah.
(h) Question: Does R. Meir hold that there is not Zikah?

1. (Mishnah): 4 brothers, 2 are married to 2 sisters, and they die. The sisters do Chalitzah but not Yibum.
2. If R. Meir holds that there is not Zikah - since they fall from different brothers, let one surviving brother do Yibum with one, and the other, with the other!
3. Answer: Really, he holds there is no Zikah; just, it is forbidden to uproot the Mitzvah of Yibum.

i. Perhaps, until one does Yibum, the other will die (and Yibum cannot be done on the other widow).

(i) Question: If he holds there is no Zikah, let the Mitzvah be uprooted!

1. R. Gamliel holds that there is no Zikah, and one may uproot the Mitzvah of Yibum!

i. (Mishnah - R. Gamliel): (A minor is Rabbinically married to a man. Her sister falls to him to Yibum). If (the minor) did Mi'un, fine; if not, she will wait until she becomes an adult, and her sister is the sister of the Yavam's wife, and is exempt from Yibum.

(j) Objection: This is no question - R. Meir may argue on R. Gamliel!
(k) Answer: It is unreasonable that R. Meir is concerned, *perhaps* the Mitzvah will be uprooted, and R. Gamliel is not concerned even when it is certainly uprooted!
(l) Rejection: Why? Perhaps the one who is not concerned for uprooting the Mitzvah, even when it is definitely uprooted; the one who is concerned, is concerned even when it *may* be uprooted!

(a) (Abaye): Rav Yehudah learned (that there is Zikah) from Shmuel.

1. (Mishnah): A Yavam engaged the sister of his Yevamah. R. Yehudah Ben Beseirah says, we tell him not to marry her until his brother does Yibum or Chalitzah.
2. Shmuel says the law is as R. Yehudah Ben Beseirah.

(b) (Rav Yosef): And if Rav Yehudah learned his law from Rav, it would be difficult? We could say, Amora'im argue on what Rav held!
(c) (Abaye): Since it was said explicitly in Shmuel's name, and we would need to say that Amora'im argue according to Rav, it is better to say that he learned it from Shmuel.
(d) (Rav Zvid): We explicitly learned that Rav Yehudah quoted Shmuel to say that the Yavam may not marry the mother of his Yevamah after she dies.

1. This is consistent with Shmuel's ruling that the law is as R. Yehudah Ben Beseirah.
2. It was necessary to say both.

i. If he would only teach that there is Zikah - one might think, only when there is only 1 brother; by ruling as R. Yehudah Ben Beseirah, we see, even when they are more.
ii. If he would only teach that the law is as R. Yehudah Ben Beseirah - one might think, only during her lifetime; therefore, he taught that he may not marry the mother after the Yevamah dies.
iii. We see that Zikah does not go away by itself.

(a) (Mishnah): A man dies, his brother Shimon does Yibum with his widow. Another brother is born, and Shimon dies. The 1st widow is exempt - she is the wife of a brother that died before the Yavam was born; the 2nd is exempt, because she is her Tzarah;
(b) If Shimon gave a Ma'amar and died, the 2nd widow does Chalitzah but not Yibum; R. Shimon says, the brother may do Yibum or Chalitzah with either one.
(c) (Gemara - Rav Oshiya): R. Shimon argues even in the previous Mishnah (when the brother was born before Yibum was done).

1. He learns this from the beginning of our Mishnah.

i. It does not teach us how Chachamim hold - they prohibit her, even when the brother was born after Yibum, and entered the world when she was permitted - all the more so, if he was born before Yibum!
ii. Rather, it teaches that R. Shimon argues even in such a case.

2. Our Mishnah teaches how extreme is the opinion of Chachamim (they prohibit her, even when the brother was born after Yibum).
3. Really, R. Shimon should argue in the previous Mishnah - he just waited until Chachamim finished their laws.

(d) Question: According to R. Shimon, when is the wife of a brother that died before the Yavam was born forbidden?
(e) Answer #1: When a man dies without brothers, and then a brother is born.
(f) Answer #2: There are 2 brothers; one dies, and a brother is born before the surviving brother does Yibum or dies.
(g) We understand, if a brother is born after Yibum - he enters the world when the Yevamah is permitted.

1. When he is born before Yibum - why may he do Yibum?
2. Answer: R. Shimon holds, there is Zikah, and it is as if the Yavam did Yibum.

(h) Question (Rav Yosef): R. Shimon is in doubt if Zikah with a Ma'amar is like having done Yibum - does he have a doubt by Zikah alone?

1. (Mishnah): 3 brothers are married to 3 unrelated women; 1 man dies. A brother gave a Ma'amar and died. The widows do Chalitzah but not Yibum.

i. "And one of them dies" - Yibum applies when there is Zikah from one Yavam, not from 2;

2. R. Shimon says, he may do Yibum or Chalitzah to whichever he wants;
3. He cannot do Yibum with both - perhaps there is Zikah, and it is as if both Yevamos fall from one brother.