פירוש על קידושין 102:14
Daf Shevui to Kiddushin
The reason this mishnah is taught is for the last clause. Since this is a bit complicated, I am quoting my full commentary from Mishnah Yomit:
If he dies, both sisters become liable for yibbum or halitzah to his brothers. If he has one brother, that brother cannot have yibbum with either because it is forbidden to have relations with the sister of a woman with whom you are liable to have yibbum (z’kukah). In other words, if he were to have yibbum with one of them, it could be that the other was the one who was really betrothed. Therefore, he must perform halitzah for both.
If there are two brothers, the first brother performs halitzah for one of the women and then the second brother can have yibbum with the other sister. The first brother should do halitzah because if he were to have yibbum he might be having relations with the sister who was not betrothed, and therefore he is having relations with the sister of his z’kukah (as in the above situation). However, after the first brother has halitzah with one of the sisters, there can be no problem for the second brother to have yibbum with the second sister. If she is the one who was betrothed to the dead brother, then he has yibbum with her, which is perfectly okay. If the other woman was the one betrothed, she has already had halitzah, and her ties to the brother are severed. Therefore, this woman is not the sister of his z’kukah.
If both brothers have yibbum with the two sisters, the court does not force them to separate, even though the first brother should have performed halitzah. Although the brother who first performed yibbum may have originally had yibbum with the sister of his z’kukah, since her sister has now had yibbum, her ties to the other brother have been severed and neither brother is currently married to the sister of his z’kukah.
If he dies, both sisters become liable for yibbum or halitzah to his brothers. If he has one brother, that brother cannot have yibbum with either because it is forbidden to have relations with the sister of a woman with whom you are liable to have yibbum (z’kukah). In other words, if he were to have yibbum with one of them, it could be that the other was the one who was really betrothed. Therefore, he must perform halitzah for both.
If there are two brothers, the first brother performs halitzah for one of the women and then the second brother can have yibbum with the other sister. The first brother should do halitzah because if he were to have yibbum he might be having relations with the sister who was not betrothed, and therefore he is having relations with the sister of his z’kukah (as in the above situation). However, after the first brother has halitzah with one of the sisters, there can be no problem for the second brother to have yibbum with the second sister. If she is the one who was betrothed to the dead brother, then he has yibbum with her, which is perfectly okay. If the other woman was the one betrothed, she has already had halitzah, and her ties to the brother are severed. Therefore, this woman is not the sister of his z’kukah.
If both brothers have yibbum with the two sisters, the court does not force them to separate, even though the first brother should have performed halitzah. Although the brother who first performed yibbum may have originally had yibbum with the sister of his z’kukah, since her sister has now had yibbum, her ties to the other brother have been severed and neither brother is currently married to the sister of his z’kukah.
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