מבית אחד יבומי חדא ואיפטור אידך לא דדלמא אין זיקה ככנוסה והוו להו שתי יבמות הבאות משני בתים אלמא מספקא ליה
from one house.<span class="x" onmousemove="('comment',' One as actual, the other as virtual wife of the same husband, the second brother. The Torah required the levir 'to build up his brother's house' (Deut. XXV, 9) from which it is inferred that it is his duty to build up only a house but not houses, i.e., to marry his brother's one wife but not his two wives.
');"><sup>1</sup></span> Nor must he take one In levirate marriage and thereby exempt the other, for it is possible that the levirate bond is not as binding as actual marriage, and the two sisters-in-law would thus be coming from two houses.<span class="x" onmousemove="('comment',' Both of whom are subject to the levirate marriage. and one of whom cannot exempt the other.
');"><sup>2</sup></span> From this it clearly follows that he<span class="x" onmousemove="('comment',' R. Simeon.
');"><sup>3</sup></span>
Tosefta Yevamot
How so, "the wife of his brother who never existed with him" (Yevamot 2:1)? [If there were] two brothers who existed at the same time, and one of them died without offspring, and the second one got up [to perform yibbum], but before he was able to perform ma'amar* with his yevama before a [third] brother was born to them, who never existed with [the first brother], the second [wife] either is subject to chalitza or yibbum. [If] he performed ma'amer with her, but before he was able to marry her a [third] brother was born, and afterwards he died, or if a [third] brother was born and he performed ma'amar with her, but before he was able to marry her the first [brother] died, the second [wife] is excluded from the name "wife of his brother who never existed with him," and the first [wife] is subject to chalitza but not to yibbum. Rabbi Shimon says, if one of [the wives] engages in relations or has chalitza performed on her, the rival wives are exempt. [If] he performed chalitza with one [of the deceased brother's wives] who had ma'amar performed on her, he [also] performs chalitza on the first [wife]. [If] he married her and then died, and a [third] brother was born, and afterwards he married her and died, both of them are exempt from chalitza and from yibbum, the words of Rabbi Meir. Rabbi Shimon says, since neither of them became betrothed on his account, and he came and found both of them in a state of permissibility, then should one of wives engage in relations or chalitza, she exempts her rival wife.
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Tosefta Yevamot
Three brothers, two of whom are married to two sisters, or to a woman and her daughter, or to a woman and her son's daughter, or to a woman and her daughter's daughter: Behold, they are subject to chaltiza but not to yibbum, and Rabbi Shimon exempts both of them from chalitza and from yibbum.
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