Commentary for Yevamot 135:5

א"ל רבא אי הכי סיפא דקתני ספק בן ט' שנים ויום אחד ספק שאינו השתא ודאי בן ט' לא מאכיל ספק מיבעיא

— Abaye replied: We are dealing here with a levir of the age of nine years and one day, who cohabited with his yebamah<span class="x" onmousemove="('comment',' An act which in the case of a levir who is of age is valid. ');">¹⁴</span> who, according to Pentateuchal law, becomes his <i>kinyan</i>. Since it might have been assumed that, as Pentateuchally she becomes his <i>kinyan</i>, and his cohabitation also is legal, he should be entitled to bestow the privilege upon her, hence we were taught that the cohabitation of a boy who is nine years and one day old has been given the same validity only as that of a ma'amar by an adult.<span class="x" onmousemove="('comment',' Which does not constitute complete kinyan (cf. supra 50a). The boy of the age of nine years and one day CANNOT consequently BESTOW THE PRIVILEGE any more than the others enumerated in our Mishnah. The ruling as to 'depriving a woman of the privilege' applies only to the cases of the EMBRYO, THE LEVIR, BETROTHAL AND THE DEAF-MUTE but not to that of the boy of the age mentioned. ');">¹⁵</span> Said Raba to him: If so,<span class="x" onmousemove="('comment',' That the boy of the age of nine years and one day was included only because of the ruling that he CANNOT BESTOW THE PRIVILEGE, and that the ruling of 'depriving a woman of the privilege' does not apply to him, cf. supra n. 2. ');">¹⁶</span> [why] is it stated in the final clause, [EVEN WHEN] IT IS A MATTER OF DOUBT WHETHER THE BOY IS NINE YEARS AND ONE DAY OLD, OR NOT? If a boy who is certainly of the age of nine cannot bestow the privilege, is there any need to speak of a boy whose age is in doubt! — No, said Raba, [the Mishnah] deals with a boy of the age of nine years and one day belonging to one of the classes of disqualified persons who, by their cohabitation, deprive a woman<span class="x" onmousemove="('comment',' If she is the daughter of a priest. ');">¹⁷</span>

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