Commentary for Yevamot 217:9
תניא כוותיה דרב אשי מודים חכמים לר' אלעזר בקטנה שהשיאה אביה ונתגרשה הרי היא כיתומה בחיי האב והחזירה שאסורה ליבם מפני שגירושיה גירושין גמורין ואין חזרתה חזרה גמורה
It was taught in agreement with R. Ashi: The Sages agree with R. Eleazar in respect of a minor whom her father had given in marriage and who was divorced [so that she is regarded] as an 'orphan' in her father's lifetime, and who then remarried [her husband], that she is forbidden to [contract the levirate marriage with] the levir, because her divorce was a perfectly legal divorce, whereas her remarriage was not a perfectly legal remarriage. This,<span class="x" onmousemove="('comment',' That the Sages admit that the minor may not contract the levirate marriage. ');"><sup>26</sup></span> however, applies only where he<span class="x" onmousemove="('comment',' Her first husband. ');"><sup>27</sup></span> divorced her while she was a minor<span class="x" onmousemove="('comment',' Her father having accepted on her behalf the letter of divorce which is thus valid. ');"><sup>28</sup></span> and remarried her while she was still a minor;<span class="x" onmousemove="('comment',' When neither she nor her father had the right to contract the marriage (cf. supra p. 756, n. 12); and where the death of the husband occurred while she was still in her minority, so that there was no cohabitation at all when she was of age. ');"><sup>29</sup></span>
Explore commentary for Yevamot 217:9. In-depth commentary and analysis from classical Jewish sources.