אלא אמר רב אשי אי דנפול בזה אחר זה הכי נמי הכא במאי עסקינן דנפול בבת אחת ורבי שמעון סבר לה כרבי יוסי הגלילי דאמר אפשר לצמצם
But, said R. Ashi: If they<span class="x" onmousemove="('comment',' The widows.
');"><sup>43</sup></span> had become subject [to the levir] one after the other, the law would indeed have been so.<span class="x" onmousemove="('comment',' That the 'levirate bond' in the case of one levir being recognized even by R. Simeon as being as forcible as actual marriage. the levir (the third brother) marries the first while the other is exempt, though her husband (the second brother) died before he actually married the first.
');"><sup>44</sup></span> Here,<span class="x" onmousemove="('comment',' In the Mishnah cited by R. Oshaia in objection against the view attributing to R. Simeon a distinction between one levir and two levirs.
');"><sup>45</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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