Talmud Bavli
Talmud Bavli

Halakhah for Yevamot 34:2

אשת אחיו שלא היה בעולמו היכא כתיבא אמר רב יהודה אמר רב אמר קרא (דברים כה, ה) כי ישבו אחים יחדו שהיתה להם ישיבה אחת בעולם פרט לאשת אחיו שלא היה בעולמו יחדו מיוחדים בנחלה פרט לאחיו מן האם

What, then, is meant by 'second'? Second in respect of her marriages.<span class="x" onmousemove="('comment',' The first marriage with her husband and the second with the levir. ');"><sup>5</sup></span> Where [in the Scriptures] is [the prohibition of marrying] 'the wife of his brother who was not his contemporary' written? — Rab Judah replied in the name of Rab: Scripture states, If brethren dwell together,<span class="x" onmousemove="('comment',' Deut. xxv, 5. ');"><sup>6</sup></span> i.e., dwell in the world at the same time; the wife of one's brother who was not his contemporary is consequently excluded; 'together' implies who are together in respect of inheritance,<span class="x" onmousemove="('comment',' I.e., entitled to inherit from one another. ');"><sup>7</sup></span> a maternal brother is, therefore, excluded.

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory blessed, said (Yevamot 17b), "'When brothers dwell together' - to exclude the wife of a brother who was not in his world"; meaning that [then] she does not have an obligation of levirate marriage and not of release - for example, [if] this brother was born after his brother [that was married and had no children] died. And that which they also inferred (Yevamot 17b), "'Brothers together' - that are together in inheritance, to exclude brothers [born only] from the mother," who are not obligated in levirate marriage and release. "'And has no (ein) son' - look into (ayen) him" (Yevamot 22b). [This is] meaning to say that if the brother did have a son or daughter from any place, or the son of a son or the son of a daughter or the daughter of a daughter or any one that came out from his 'thigh' - there is no commandment of levirate marriage or release there, for the reason that we mentioned concerning the commandment of levirate marriage.
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