Talmud Bavli
Talmud Bavli

Commentary for Yevamot 217:10

בד"א שגירשה כשהיא קטנה והחזירה כשהיא קטנה אבל גירשה כשהיא קטנה והחזירה כשהיא גדולה אי נמי החזירה כשהיא קטנה וגדלה אצלו ומת או חולצת או מתייבמת משום רבי אלעזר אמרו חולצת ולא מתייבמת

but if he<span class="x" onmousemove="('comment',' Her first husband. ');"><sup>27</sup></span> divorced her while she was a minor and remarried her when she was of age, and also if he remarried her while she was still a minor and she became of age while she was with him, and then he died,<span class="x" onmousemove="('comment',' So that cohabitation between them could take place while she was of age. ');"><sup>30</sup></span> she may either perform <i>halizah</i> or contract the levirate marriage.<span class="x" onmousemove="('comment',' Since the final act of cohabitation after she becomes of age constitutes a legal kinyan of marriage. ');"><sup>31</sup></span> In the name of R. Eleazar, however, it was stated: She must perform <i>halizah</i> but may not contract the levirate marriage.<span class="x" onmousemove="('comment',' Keth. 73bf. Since it was stated that 'the Sages agree with R. Eleazar in respect of a minor&nbsp;… in her father's lifetime', it is obvious that R. Eleazar himself spoke of this case and presumably made it the cause of the prohibition of the levirate marriages with the others mentioned. ');"><sup>32</sup></span>

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