How the Order of Acts Changes the Yibbum Bond

This opening case concerns a get given before any ma’amar, the Rabbinic kiddushin discussed in the next halachah.

The comparison concerns the prohibition against subsequent yibbum. It does not mean that the get releases her to marry someone else, as valid chalitzah would.

The yevamah has not yet become the yavam’s wife through yibbum, so this get does not function as an ordinary divorce. Because a get serves to end a marriage, the Sages gave it a prohibiting effect here: it bars yibbum with her and her co-wives for all the brothers. It does not release her from the original yibbum bond; chalitzah is still required.

The test is whether this get would disqualify a wife from marrying a Kohen. If so, it also bars yibbum when given to a yevamah.

An “outside man” means someone other than the brothers to whom she is bound for yibbum. She remains bound to those brothers until chalitzah releases her.

Ma’amar is the Rabbinic form of kiddushin performed by a yavam before yibbum. It establishes a partial marital bond; the act of yibbum is needed to complete the marriage.

If they do not proceed with yibbum, this partial bond cannot simply be disregarded. A get is needed to cancel it.

Two bonds must now be addressed: the ma’amar created by the yavam, and the original yibbum bond, called zikah, arising from her husband’s death without descendants. The get cancels the ma’amar; chalitzah releases the zikah.

The relations discussed here are those through which he would perform yibbum and complete the marriage.

The consecration is the Rabbinic kiddushin created by ma’amar. Its limited force does not eliminate the need for a get when they separate.

These are two different routes for resolving the yibbum obligation. Chalitzah releases her without marriage. Relations that accomplish yibbum make her the yavam’s wife; she may then marry someone else only after that marriage ends through a get or his death. The words “after relations” do not mean that she may immediately marry another man.

When ending ma’amar without completing yibbum, the preferred order is to give the get first and then perform chalitzah (Rambam, Commentary to the Mishnah, Yevamos 3:5).

Neither the get nor the ma’amar can substitute for the act that resolves the Torah yibbum bond. The ma’amar has not completed yibbum, and cancelling it with a get does not accomplish chalitzah.

This get expressly cancels only the ma’amar, leaving the original zikah in place. Without that express limitation, a get is understood to address the yibbum connection as well, rather than merely cancelling ma’amar, and it bars yibbum with all the brothers. Here, “she becomes permitted” refers to yibbum with the other brothers, not to marriage with an outside man (Rashi, Yevamos 32a; Rema, Even HaEzer 170:15).

For example, Shimon gives Tova ma’amar and then a get expressly cancelling only that ma’amar. Levi, another eligible brother, may still perform yibbum with Tova. According to the Rambam’s ruling below, Shimon himself may not.

Even with its purpose expressly limited, the get still prevents the brother who gave it from performing yibbum with her. Removing his ma’amar does not restore his own permission to marry her through yibbum.

Zikah is the original bond obligating the widow to resolve her relationship with the deceased husband’s brothers through yibbum or chalitzah. Here, the yavam has already performed ma’amar, but expressly directs this get at the zikah and excludes the ma’amar.

The get therefore bars yibbum with all the brothers, even though the separate ma’amar has not been cancelled. It still does not release the Torah yibbum bond so that she can marry an outside man.

Because he excluded the ma’amar from the first get, an additional get is needed to cancel it. Chalitzah is then needed to release the original yibbum bond. The two acts address different obligations; neither replaces the other.

Compare the two limited gittin: in halachah 4, the get cancels ma’amar alone and leaves yibbum possible for the other brothers. Here, the get addresses zikah alone: it prohibits yibbum but leaves the ma’amar needing its own get.

The “other acts” are the acts discussed below: a get, chalitzah, another ma’amar, or relations involving a different brother or a co-wife. A co-wife here is another widow of the same deceased husband.

Ma’amar kasher is ma’amar that remains fit to lead to the intended yibbum marriage. The proper continuation is for the same brother to complete yibbum with the same woman. Ma’amar itself still creates only a partial Rabbinic marital bond; calling it “valid” does not make it a completed marriage.

A get prohibits subsequent yibbum but leaves the original yibbum bond in place; chalitzah is still required. Valid chalitzah, by contrast, has already ended that bond. Ma’amar performed afterward cannot serve as the proper beginning of yibbum. If binding kiddushin are created after chalitzah, they require a get, but do not create a new obligation of chalitzah.

Only one widow from the same deceased husband’s household may be married through yibbum. Once valid yibbum has been performed with the co-wife, ma’amar with this woman cannot begin another permitted yibbum marriage.

Ma’amar does not complete the marriage. Until valid yibbum completes it, subsequent acts of this kind can prevent the ma’amar from leading to permitted yibbum.

These acts introduce a competing marital bond, either with a co-wife or through another brother. For example, Shimon gives Tova ma’amar, and Levi then gives Tova ma’amar as well. Both acts have effect, but neither brother may now complete permitted yibbum with her. Each must give a get for his own ma’amar; her remaining zikah also requires chalitzah.

Ma’amar pasul does not mean that the ma’amar never took effect. It means that it cannot proceed to permitted yibbum in the normal way. If its marital bond remains and has not already been cancelled by a get, a get is needed to end it. Any remaining yibbum bond must also be released through chalitzah.

The later ma’amar is disqualified because yibbum is already prohibited. Neither changing the brother nor choosing another widow from the same deceased husband’s household restores the possibility of permitted yibbum.

If the first act was ma’amar, the second ma’amar creates a competing bond with another widow. Both ma’amarim are therefore disqualified.

If the first act was valid yibbum through relations, the marriage it established remains in force. The later ma’amar with the co-wife is disqualified, but it does not undo the completed first marriage. It still requires a get to cancel its marital effect. It does not restore the original yibbum bond, which the completed yibbum already resolved; no new chalitzah is required for the co-wife (see halachah 16).

Here the competing acts involve the same woman and two brothers. If Shimon gives Tova ma’amar and Levi then has relations with her, Levi’s act is disqualified relations, not the proper completion of Shimon’s ma’amar. Shimon must give a get for his ma’amar, Levi must give a get for the bond created by his relations, and chalitzah is still needed for the remaining zikah (see halachos 9 and 11–12).

An earlier ma’amar can become disqualified through an act that follows it; a later ma’amar can be disqualified because of an act that preceded it. When two ma’amarim have taken effect and neither has been cancelled, each requires a get even though neither can lead to permitted yibbum.

This summarizes the sequences just discussed. The relevant acts may involve another brother, a co-wife, or a get or chalitzah that prevents the intended yibbum. “Disqualified” describes the ma’amar’s inability to lead to permitted yibbum; it does not by itself cancel the kiddushin. Any ma’amar that remains in force requires a get. Where two brothers have each performed ma’amar and neither ma’amar has been cancelled, each must give a get for his own ma’amar. Chalitzah is also needed wherever the original yibbum bond remains.

The exception requires the same brother and the same woman, with no disqualifying act intervening. His ma’amar begins the process, and his subsequent relations complete yibbum. They are successive stages of one marriage rather than competing acts.

The proper Rabbinic procedure is to perform ma’amar before relations. Nevertheless, if he performed yibbum without first giving ma’amar, the relations still establish the marriage, and he may remain married to her. “At the outset” describes their effectiveness after the fact; it does not dispense with the requirement to begin with ma’amar.

His own ma’amar with this woman does not disqualify the relations that follow. It prepares for them. The problem is a preceding act that bars yibbum or establishes a competing bond.

This means that another brother first gave ma’amar to the woman with whom he now has relations. The earlier ma’amar creates a competing partial marital bond.

A get in these circumstances bars yibbum with all the widows of this deceased husband, regardless of which brother gave it. Subsequent relations therefore cannot be treated as valid yibbum.

For example, Reuven dies without descendants, leaving two widows, Tova and Miriam. Shimon gives Tova ma’amar but then has relations with Miriam. He has switched women instead of completing yibbum with the woman who received his ma’amar. Tova needs a get for her ma’amar, Miriam needs a get for the bond created by the disqualified relations, and the remaining zikah must be released through chalitzah under halachos 11–12.

Be’ilah pesulah does not mean that the relations have no legal effect. In these cases, the woman with whom he had relations requires a get, but the remaining yibbum bond also requires chalitzah. Any woman who received ma’amar must likewise receive a get from the brother who gave it. The relations do not permit the marriage to continue or completely resolve the original yibbum obligation (Maggid Mishneh, based on Yevamos 50b).

Chalitzah me’ulah addresses the yibbum bond before a get or ma’amar has altered the situation. Its effect extends to the other widows of the same deceased husband, as explained in the next halachah.

Chalitzah pechusah does not mean that the ceremony was performed incorrectly. A preceding get or ma’amar has altered the household’s bonds, even if that act involved the co-wife rather than this woman. Chalitzah can release the woman who undergoes it, but its ability to release the co-wives needs separate examination. The Dig Deeper in halachah 11 discusses whether choosing the widow with whom no preceding act was performed can release the others. Halachah 12 explains the additional steps when the first chalitzah does not release them.

If a ma’amar remains in force, chalitzah does not cancel it. A get is still required for that separate bond before the woman may marry an outside man.

“One household” means that these women were wives of the same deceased husband. Valid yibbum with one of them resolves the yibbum obligation for the entire household: she becomes the yavam’s wife, while her co-wives may marry outside men. She herself may not marry another man while that marriage continues. Full chalitzah, by contrast, releases all the widows without creating a marriage.

The disqualifying sequence affects the entire household. The brothers cannot avoid its consequences by choosing another of the deceased husband’s widows for yibbum. The acts discussed here occur while the original yibbum bond remains; they do not undo valid yibbum or chalitzah already completed.

The disqualified act still created a marital bond requiring a get. If more than one ma’amar or marital bond remains in force, each must be addressed; the get for one does not automatically cancel the others.

The get addresses the marital bond; chalitzah addresses the original yibbum bond. The wording “one of them” does not mean that any single act of reduced chalitzah necessarily releases every co-wife. The effect depends on which woman undergoes chalitzah and the acts that preceded it. The next halachah explains what is needed when reduced chalitzah does not release the others. The differing readings of this sentence are discussed below.

Reduced chalitzah can release the woman herself even though its effect does not extend to her co-wives. If she still has an outstanding ma’amar or other marital bond, that bond must also be ended with a get before she may marry someone else.

One way to release the remaining widow is to perform chalitzah with her as well. Each woman is then released through her own chalitzah.

Alternatively, every brother who remains bound to the household performs chalitzah with that first woman. Together, their acts release the co-wives as well. The brother who already performed chalitzah need not repeat his own act; the remaining brothers perform theirs.

These are two alternative ways of completing the release: all the brothers perform chalitzah with the first woman, or every widow undergoes chalitzah. The ruling does not require every brother to perform chalitzah with every widow.

The distinction affects whether yibbum properly resolves the original bond, but it does not eliminate the marital effect of the relations described here. A get is required to end that marital bond.

After chalitzah, relations with her are forbidden by Rabbinic decree, and the original zikah has ended. Nevertheless, an attempted marriage can take effect and require a get. “For the sake of marriage” means using the relations as an act of kiddushin; “for the sake of yibbum” describes an attempted yibbum that is no longer permitted.

This is not a rule that any relations automatically create marriage. Once zikah has ended, the applicable requirements of ordinary kiddushin must be met. For an adult woman with the capacity for ordinary kiddushin, these include her consent, intent to establish marriage, and two qualified witnesses to their seclusion for the act. The witnesses need not observe the relations themselves. Calling the act “yibbum” does not remove these requirements (Hilchos Ishus 3:5; 4:1, 6).

Once valid yibbum has been completed with one widow, her co-wife is forbidden for yibbum. Relations with that co-wife violate a Torah positive commandment: only one widow from the same household may be taken through yibbum. Nevertheless, a marital bond can take effect despite that prohibition.

A prohibited marriage is not necessarily a marriage that never took effect. Both the Rabbinic prohibition after chalitzah and the Torah positive-commandment prohibition involving the co-wife allow the marital bond described here to take effect. The woman therefore requires a get to end the bond, even where the marriage may not continue.

Whether chalitzah is also needed depends on whether the original yibbum bond remains. After valid chalitzah or valid yibbum has already resolved it, no new chalitzah is required merely because of this later marital act.

The ma’amar creates Rabbinic kiddushin that must be cancelled when the relationship is ended. Its disqualified status does not, by itself, cancel that bond. This requirement concerns a ma’amar still in force; a get that has already cancelled it need not be repeated.

The get removes the restriction created by the ma’amar. It does not itself release any remaining yibbum bond, which must still be addressed through chalitzah.

A get prohibits yibbum without dissolving the original bond. Ma’amar creates a partial marital bond without completing yibbum. Neither act brings the yibbum process to a complete conclusion.

Here the relations are valid relations that complete yibbum. Disqualified relations do not fully release the original bond, as explained in halachah 11. Completing yibbum makes her the yavam’s wife; chalitzah releases her without marriage.

Because the first act did not completely resolve the situation, a subsequent act can still produce legal consequences. As the next halachah explains, a later get can create prohibitions concerning relatives, and a later ma’amar can create an additional bond requiring its own get.

Once valid yibbum has made this woman one brother’s wife, another brother’s relations with her cannot acquire her as his wife. They are adulterous relations, not a second act of yibbum. If she willingly commits adultery, she becomes forbidden to remain with her husband; “no effect” does not mean that the act has no other consequences.

Similarly, once chalitzah has released the relevant bond, repeating chalitzah does not create another release or a new prohibition concerning relatives. This concerns repetition after the bond has already been released, not the additional chalitzah required in halachah 12.

After valid yibbum, chalitzah cannot undo the completed marriage, and another brother’s get cannot divorce the wife of the brother who performed yibbum. This does not mean that her own husband’s get is ineffective: after yibbum, he can divorce her through an ordinary get, without chalitzah. The distinction is spelled out in halachah 16.

The first get already prohibited yibbum with both widows, but it did not completely release the original bond. The second get therefore still has an effect: it creates the prohibitions concerning the relatives of the second woman as well. These are the relatives whom a man may not marry because of his relationship with a woman, such as her mother or her sister during her lifetime.

Each brother’s get creates the relevant prohibition concerning her relatives. Nevertheless, she does not need chalitzah from both brothers to release herself. One brother’s chalitzah suffices for her own yibbum bond. If the deceased husband left other wives, their release must be assessed separately under halachos 11–12.

The prohibition follows each brother’s own act: his get affects his eligibility to marry that woman’s relatives.

The later ma’amar is not ignored merely because an earlier ma’amar exists. Each ma’amar that took effect creates its own bond and requires a get when it is ended.

This case concerns a first chalitzah that has already released the co-wife’s bond. It is not the case in halachah 12, where reduced chalitzah leaves the co-wife still bound and further chalitzah is necessary.

An effective chalitzah creates prohibitions concerning the woman’s relatives. An unnecessary repetition does not create those prohibitions anew, because there is no remaining bond for this act to release. If the same brother performed both acts, any prohibition already created by his first chalitzah remains; the second act adds nothing.

This refers to valid yibbum, which completed the marriage and removed the yibbum bond from the entire household. The woman is now his wife, and her co-wife is free to marry outside the family. There is no remaining yibbum bond for chalitzah to release.

The brother is neither woman’s husband, and their former yibbum bond has ended. His get therefore accomplishes nothing. The man who actually performed yibbum, however, can divorce his own wife with an ordinary get.

The second brother cannot create another marriage with a woman who is already married. “He accomplished nothing” refers to acquiring her; it does not mean that the relations have no other consequences. If she willingly committed adultery, she becomes forbidden to her husband and he must divorce her.

The co-wife is unmarried, so kiddushin can take effect with her when its requirements are met, as explained in halachah 13. Nevertheless, marrying her after yibbum with the first widow violates a Torah prohibition derived from a positive commandment. That forbidden marital bond must be ended with a get. No further chalitzah is needed, because the original zikah has already been resolved.

Both women were wives of the same deceased brother. The first yibbum was valid and released the other widow’s yibbum bond. The second brother’s marriage therefore violated the prohibition against marrying that co-wife after yibbum. Since no one knows which marriage was forbidden, neither brother may keep his wife; each must give a get. Chalitzah is unnecessary, because whichever yibbum occurred first already resolved the household’s yibbum obligation.

Each surviving brother is near a different widow. Distance does not make these separate yibbum obligations: both widows belong to the same deceased husband’s household.

For example, Shimon must first establish whether Levi has already performed yibbum in Tyre. If Levi has, the widow in Akko is no longer eligible for yibbum with Shimon.

Here it is still uncertain whether the other brother performed yibbum at all. There are two possible grounds for permitting the existing marriage: perhaps the other brother did nothing; and even if he performed yibbum, perhaps he did so afterward. This differs from the opening case, where both acts are known to have occurred. If it becomes known that both brothers performed yibbum but the order remains unknown, both must divorce, as stated above.

The Rambam distinguishes chalitzah from yibbum here. If the bond remains, chalitzah releases it; if the other brother already completed valid yibbum, there is no remaining bond for this chalitzah to release. It does not create the forbidden second marriage that yibbum would create. This explains the immediate effect of the act; the commentaries discuss a further concern about performing chalitzah before the facts are known, as explained below.