Commentary for Yevamot 36:8

בבא דרישא למאן קתני לה אילימא לרבנן השתא יבם ולבסוף נולד דכי אשכחה בהתירא אשכחה אסרי רבנן נולד ואח"כ יבם מיבעיא אלא לאו לר"ש איצטריך

MAY EITHER TAKE IN LEVIRATE MARRIAGE WHICHEVER OF THEM HE DESIRES<span class="x" onmousemove="('comment',' And thereby exempt the other. ');">³³</span> OR HE MAY PARTICIPATE IN THE <i>HALIZAH</i> WITH WHICHEVER OF THEM HE DESIRES.<span class="x" onmousemove="('comment',' And thereby exempt the other. ');">³³</span> <b><i>GEMARA</i></b>. R. Oshaia said: R. Simeon disputed the first case also<span class="x" onmousemove="('comment',' That mentioned in the previous Mishnah (supra 17a ad fin.). In his opinion the third brother may marry or submit to halizah from either of the two widows, even if he was born before the second brother had married the first brother's widow. ');">³⁴</span> Whence is this inferred? From the existence of<span class="x" onmousemove="('comment',' Lit., 'that which was taught'. ');">³⁵</span> a superfluous Mishnah. For in accordance with whose view was it necessary to teach the clause of the first [Mishnah]? If it be suggested, [according to that] of the Rabbis, [it may be retorted]: If when the levirate marriage had taken place first and the birth<span class="x" onmousemove="('comment',' Of the third brother. ');">³⁶</span>

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