Talmud Bavli
Talmud Bavli

Commentary for Yevamot 221:12

אלא שמע מינה רבנן היא ש"מ

he might cohabit with the deaf widow first,<span class="x" onmousemove="('comment',' And the minor, since it is possible that she was fully acquired, would not be exempt by the levir's cohabitation with the deaf widow who was only partially acquired. ');"><sup>39</sup></span> and the [subsequent] cohabitation with the minor would [thereby] be rendered an unlawful cohabitation.<span class="x" onmousemove="('comment',' Since it followed that of the deaf widow who, having been at least partially acquired, is the minor's rival, and two rivals may not be married. As in such a case the minor could not be free before she became of age and performed halizah, a similar restriction has been imposed in the former case also. ');"><sup>40</sup></span> If you contend, however, [that the opinion in the statement is that of] R. Nehemiah,<span class="x" onmousemove="('comment',' That the minor is partially acquired and that concerning the deaf woman the validity of her acquisition as a wife is in doubt. ');"><sup>41</sup></span> surely he [it may be objected] ruled that an unlawful cohabitation does exempt!<span class="x" onmousemove="('comment',' Why then should the minor have to wait until she is of age? If the deaf woman is not acquired at all the minor's cohabitation with the levir is, surely, permitted. But even if the deaf woman is acquired, and her levirate bond causes the minor to be forbidden to the levir, there should be no need for the minor to wait until she is of age and able to perform the halizah, while according to R. Nehemiah, an unlawful cohabitation also exempts a woman from the levirate marriage and halizah! ');"><sup>42</sup></span>

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