Reference for Yevamot 51:24

אי הכי

<b><i>GEMARA</i></b>. This then<span class="x" onmousemove="('comment',' The first clause of our Mishnah. ');">⁵⁴</span> implies that a levirate bond exists;<span class="x" onmousemove="('comment',' Between the widow of a deceased childless brother and his surviving brothers, in consequence of which each widow being a zekukah (v. Glos.), is forbidden as the sister of a zekukah. ');">⁵⁵</span> for if no levirate bond exists, observe this point: These widows come from two different houses,<span class="x" onmousemove="('comment',' They are the widows of two different husbands and neither of them stands in any marital relationship with any of the surviving brothers (v. previous note). ');">⁵⁶</span> let one brother take in levirate marriage the one and the other brother the other!<span class="x" onmousemove="('comment',' A levirate bond then obviously does exist. That being so, why has the question of the existence of a levirate bond remained a matter of dispute in Ned. 742 and supra 17b? ');">⁵⁷</span> — As a matter of fact it may still be assumed that no levirate bond exists<span class="x" onmousemove="('comment',' Between the widow of a deceased childless brother and his surviving brothers, in consequence of which each widow being a zekukah (v. Glos.), is forbidden as the sister of a zekukah. ');">⁵⁵</span> [but the levirate marriage is nevertheless forbidden] because he<span class="x" onmousemove="('comment',' The author of our Mishnah. ');">⁵⁸</span> is of the opinion that it is forbidden to annul the precept of levirate marriage, it being possible that while one of the brothers married [one of the widowed sisters] the other brother would die,<span class="x" onmousemove="('comment',' And thus be prevented from marrying the other widow. ');">⁵⁹</span> and the precept of levirate marriage would be annulled.<span class="x" onmousemove="('comment',' Because the surviving brother would then not be able either to marry, or to participate in the halizah with the second widow who by that time will have become his wife's sister. If, however, halizah only is performed with one brother and the death of the other should occur before the second widow had performed halizah with him, no difficulty would arise, since the first brother may then participate in the halizah of the second also. ');">⁶⁰</span> If so,<span class="x" onmousemove="('comment',' That the reason for the prohibition of the levirate marriage with the widowed sisters is not the existence of a levirate bond but the endeavour to prevent the annulment of the precept of levirate marriage. ');">⁶¹</span> [the same applies to] three [brothers] also!<span class="x" onmousemove="('comment',' If two of them died childless and both their widows become subject to the levirate marriage or halizah of the third. In this case too the third brother must only participate in halizah; for, should he marry one of the sisters, the other would be forbidden, as the sister of his wife, either to marry him or to perform halizah with him. ');">⁶²</span> — This may be regarded as the case of 'There is no need etc.';<span class="x" onmousemove="('comment',' Lit., 'it is not required, do we say'. ');">⁶³</span> thus: There is no need to state three,<span class="x" onmousemove="('comment',' That where one of three brothers survived, no levirate marriage must take place. ');">⁶⁴</span> since the precept of levirate marriage would inevitably have to be annulled;<span class="x" onmousemove="('comment',' Were he to marry one of the widows. Cf. supra p. 162, n. 8. ');">⁶⁵</span> but [in the case of] four<span class="x" onmousemove="('comment',' Brothers, two of whom survived. ');">⁶⁶</span> [it might have been assumed that] one need not take precautions against [possible] death,<span class="x" onmousemove="('comment',' And that consequently one brother should marry one of the widows and the other brother the other. ');">⁶⁷</span> hence we were informed [that even in such a case levirate marriage is forbidden].<span class="x" onmousemove="('comment',' Because provision must always be made against possible death. ');">⁶⁸</span> If so,<span class="x" onmousemove="('comment',' v. previous note. ');">⁶⁹</span>

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