Talmud Bavli
Talmud Bavli

Halakhah for Yevamot 34:9

והא מהיכא תיתי יבום בנחלה תלא רחמנא ונחלה מן האב ולא מן האם היא איצטריך סד"א הואיל וחידוש הוא דקמשתרי ערוה גביה אימא עד דמייחדי באבא ובאמא צריכא

is not available for deduction,<span class="x" onmousemove="('comment',' Lit., 'vacant'. ');"><sup>21</sup></span> your statement would be negatived,<span class="x" onmousemove="('comment',' [H] (cf. Jast.) or [H] (cf. Levy). Contract. of [H] 'not it'. Aruk: derivation is from [H] + [G] 'not so my son'. ');"><sup>26</sup></span> [the analogous word] being indeed available; for whereas he could have written 'friends' and yet wrote 'brethren', the inference must be that the object was to render it available for analogous deduction; hence the All Merciful has written 'together', implying only those who are together in respect of inheritance.<span class="x" onmousemove="('comment',' V. supra p. 95, n. 7. ');"><sup>27</sup></span> If, [on the other hand,] the All Merciful had only written 'together', it might have been said to refer to such as have the same father and mother; [hence both expressions were] required.

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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