Commentary for Yevamot 38:1

ר' שמעון אומר ביאתה או חליצתה של אחת מהם פוטרת צרתה חלץ לבעלת מאמר לא נפטרה צרה כנסה ומת ואח"כ נולד לו אח או שנולד לו אח ואח"כ כנסה ומת שתיהן פטורות מן החליצה ומן הייבום

R. Simeon said: Intercourse or <i>halizah</i> with the one of them<span class="x" onmousemove="('comment',' I.e., the second widow. ');">¹</span> exempts her rival.<span class="x" onmousemove="('comment',' As will be explained infra this applies to the case where the ma'amar was addressed to the first widow and the third brother was born subsequently, R. Simeon being of the opinion that it is uncertain whether the ma'amar has the same force as actual marriage or not. The rival is in either case exempt: If the ma'amar was binding, then even the first widow is according to R. Simeon permitted to the third brother, since it is a case of 'marriage prior to birth', and the halizah with the second consequently exempts the first as her rival, both having been married to the same husband; and if the ma'amar was not binding, the first widow is forbidden to the third brother as the widow of 'the brother who was not his contemporary' while the second is not her rival and may be taken in levirate marriage or perform the halizah. ');">²</span> If, however, he<span class="x" onmousemove="('comment',' The third brother. ');">³</span> participated in <i>halizah</i> with her to whom [the second brother had] addressed the ma'amar, her rival is not exempt.<span class="x" onmousemove="('comment',' Since it is possible that the ma'amar is not binding and she is in consequence forbidden to him as 'the wife of his brother who was not his contemporary' and her halizah has no validity. ');">⁴</span>

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