Commentary for Yevamot 46:15

הכי השתא

This proves it. What, then, does our Mishnah teach us?<span class="x" onmousemove="('comment',' V. p. 140, n. 15. ');">³⁸</span> — It was necessary to have the latter clause,<span class="x" onmousemove="('comment',' And because of the second the first also had to be stated. ');">³⁹</span> IF THEY DIED … AND ONE LEFT ONE BROTHER AND THE OTHER LEFT TWO, THE ONE BROTHER MUST PARTICIPATE IN THE <i>HALIZAH</i> WITH THE TWO WIDOWS AND, [AS REGARDS] THE TWO, ONE PARTICIPATES IN THE <i>HALIZAH</i> AND THE OTHER MAY CONTRACT THE LEVIRATE MARRIAGE.<span class="x" onmousemove="('comment',' This indicates that halizah must take place first. ');">⁴⁰</span> Is not this obvious, being in the same case as the first clause?<span class="x" onmousemove="('comment',' Where it was stated that if there were two brothers one submits to halizah first while the other may subsequently contract the levirate marriage. ');">⁴¹</span> — It might have been assumed that [levirate marriage should be forbidden in the case of] two brothers as a preventive measure against the case Of one, hence we were taught [that it was not so], and also that <i>halizah</i> must be first and the levirate marriage afterwards, but the levirate marriage must not take place first, for thereby, one might infringe [the interdict against] a <i>yebamah</i>'s marriage to a stranger.<span class="x" onmousemove="('comment',' Lit., 'a yebamah for the street'. A yebamah who is subject to the levirate marriage may not be married by a stranger before the levir has submitted to halizah. For further notes on the whole passage v. Kid., Sonc. ed. pp. 26off. ');">⁴²</span> IF ONE LEFT TWO BROTHERS AND THE OTHER ALSO LEFT TWO etc. What need was there again for this statement? It is, surely. the same!<span class="x" onmousemove="('comment',' As the one already made earlier in our Mishnah: ONE PARTICIPATES IN THE HALIZAH AND THE OTHER MAY CONTRACT THE LEVIRATE MARRIAGE. There it is a case of two brothers and here also of two groups of two, one of each participating in halizah and the other contracting levirate marriage. ');">⁴³</span> — It might have been assumed that [the marriage should be forbidden] as a preventive measure against marrying without previous (halizah,<span class="x" onmousemove="('comment',' And each of the two brothers so marrying would infringe the prohibition against marriage of a doubtful yebamah and the sister of a zekukah. ');">⁴⁴</span> hence we were taught [that no such measure Was enacted].<span class="x" onmousemove="('comment',' This could not have been inferred from the previous clause where only one marriage takes place. The fact that at least one of the sisters may not be married and must perform halizah only, would sufficiently indicate that in the case of the other also halizah by one brother must precede the marriage by the other. Where, however, as here, both sisters are married it might well have been considered likely that the law requiring previous halizah might be overlooked. ');">⁴⁵</span> Wherein does this case differ from the following in which we learned: In the case of four brothers two of whom were married to two sisters, and those who were married to the sisters died, behold their widows may only perform the <i>halizah</i> but may not be taken in levirate marriage [by either of the levirs]?<span class="x" onmousemove="('comment',' 'Ed. V, 5, infra 26a. [According to Rashi (he question is from the concluding part of that Mishnah which reads, 'If they had forestalled (the Beth din) and married them, they must put them away', whereas in our Mishnah it is ruled that they are not to be parted. Aliter: In our Mishnah levirate marriage may take place after halizah had been performed, whereas in the other Mishnah no levirate marriage is allowed at all for fear it is contracted before halizah. v. Tosaf. ha-Rosh.] ');">⁴⁶</span> — What a comparison!<span class="x" onmousemove="('comment',' Lit., 'thus now'. ');">⁴⁷</span>

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