Commentary for Kiddushin 102:17
אי הכי מאי למימרא סיפא איצטריכא ליה מת ולזה אח ולזה אח זה חולץ לשתיהן וזה חולץ לשתיהן לזה אחד ולזה שנים
Come and hear: If two [strangers] betroth two sisters, and neither knows which, each must give two divorces!<span class="x" onmousemove="('comment',' This too refutes Raba: v. p. 258, n. 2.');"><sup>23</sup></span> - Here too it means that they were [originally] known but [only] subsequently mixed up. This may be deduced too, for it is taught: 'neither knows,' not, it is not known: this proves it. If so, why state it? The second clause is necessary: If each dies, and each had one brother, this one must perform halizah with both, and the other must perform halizah with both. If one had one brother and the other two brothers,
Daf Shevui to Kiddushin
As with yesterday’s section, the Talmud asks why we need this mishnah. The answer is that it is there to teach the continuation of the same mishnah (Yevamot 2:7). The following is my commentary from Mishnah Yomit:
If Reuven and George (non-brothers) die, and each has only one brother (Shimon and Bill), Shimon must perform halitzah with both women and Bill must perform halitzah with both women. Neither can have yibbum with either woman because each woman might be the sister of the woman with whom he is truly liable to have yibbum, the z’kukah (because we don’t know who betrothed whom).
If Reuven has two brothers, Shimon and Levi and George still only has Bill as a brother, Bill must have halitzah with both Rachel and Leah. With regard to Shimon and Levi, one brother must have halitzah with both women but the other brother can have yibbum. This rule was explained in the above mishnah quoted in the previous section. The second brother can have yibbum with either women because if she was truly the woman who Reuven betrothed, then yibbum is proper. If Reuven betrothed the other sister, then the sister with whom this brother now has yibbum is no longer the sister of his z’kukah, because this other sister has already received halitzah from his other brother.
If both brothers preemptivelymarry both sisters, they are not forced to have a divorce. Certainly the second marriage is okay, and even the first marriage was only problematic in the beginning, before the second sister had yibbum. Even though the woman whom he married may have once been the sister of his z’kukah, after she has had yibbum the other sister is no longer a z’kukah.
With regard to the last example, the Talmud emphasizes that one brother must first performe halitzah and then the other can perform yibbum. But if one brother performs yibbum first he may be marrying someone else’s yevamah, and until someone performs halitzah with her, she may not be remarried.
If Reuven and George (non-brothers) die, and each has only one brother (Shimon and Bill), Shimon must perform halitzah with both women and Bill must perform halitzah with both women. Neither can have yibbum with either woman because each woman might be the sister of the woman with whom he is truly liable to have yibbum, the z’kukah (because we don’t know who betrothed whom).
If Reuven has two brothers, Shimon and Levi and George still only has Bill as a brother, Bill must have halitzah with both Rachel and Leah. With regard to Shimon and Levi, one brother must have halitzah with both women but the other brother can have yibbum. This rule was explained in the above mishnah quoted in the previous section. The second brother can have yibbum with either women because if she was truly the woman who Reuven betrothed, then yibbum is proper. If Reuven betrothed the other sister, then the sister with whom this brother now has yibbum is no longer the sister of his z’kukah, because this other sister has already received halitzah from his other brother.
If both brothers preemptivelymarry both sisters, they are not forced to have a divorce. Certainly the second marriage is okay, and even the first marriage was only problematic in the beginning, before the second sister had yibbum. Even though the woman whom he married may have once been the sister of his z’kukah, after she has had yibbum the other sister is no longer a z’kukah.
With regard to the last example, the Talmud emphasizes that one brother must first performe halitzah and then the other can perform yibbum. But if one brother performs yibbum first he may be marrying someone else’s yevamah, and until someone performs halitzah with her, she may not be remarried.
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