## Mishneh Torah, Levirate Marriage and Release Chapter 5

###### Mishneh Torah, Levirate Marriage and Release 5:1
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הַיְבָמָה שֶׁנָּתַן לָהּ הַיָּבָם גֵּט כְּרִיתוּת פְּסָלָהּ וּפָסַל אֶת צָרוֹתֶיהָ עָלָיו וְעַל שְׁאָר הָאַחִין שֶׁהֲרֵי נַעֲשָׂה כְּמִי שֶׁחָלַץ לָהּ. וְאֵין הַגֵּט מוֹעִיל בִּיבָמָה אֶלָּא מִדִּבְרֵיהֶן הוֹאִיל וְהַגֵּט מְגָרֵשׁ אֵשֶׁת אִישׁ. וְכָל גֵּט שֶׁפּוֹסֵל אִשְׁתּוֹ מִן הַכְּהֻנָּה פּוֹסֵל אֶת יְבִמְתּוֹ מִן הַיִּבּוּם וְאֵינָהּ מֻתֶּרֶת לְזָר עַד שֶׁיַּחֲלֹץ לָהּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a *yavam* gives a *yevamah* a bill of divorce (a *get*),¹ given before the brother made a statement of intent to marry the *yevamah* (*ma'amar*). See Halachot 4 and 5. he disqualifies her and all of [his deceased brother's] other wives [from performing *yibbum*] with him or with any of the other brothers. It is considered as if he has performed *chalitzah* with her.
The power of a *get* to affect a *yevamah* is Rabbinic in origin. [They instituted this decree based on the following rationale:] Since a *get* has the power to bring about the divorce of a married woman, and every *get* causes a woman to be disqualified from the priesthood, [they decreed] that it should also disqualify a *yevamah* from performing *yibbum*. [The *yevamah*] is not permitted to marry another man, however, until she performs *chalitzah*.

footnotes:
¹ This refers to a get


###### Mishneh Torah, Levirate Marriage and Release 5:2
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הַמַּאֲמָר אַף עַל פִּי שֶׁאֵינוֹ קוֹנֶה בִּיבָמָה קִנְיָן גָּמוּר וְאֵינָהּ נַעֲשֵׂית בּוֹ אֵשֶׁת אִישׁ גְּמוּרָה צְרִיכָה מִמֶּנּוּ גֵּט וְאֵינָהּ נִתֶּרֶת לְזָר אֶלָּא בַּחֲלִיצָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
A statement of intent to marry (*ma'amar*)² does not fully effect the establishment of a marriage bond for a *yevamah*, and it does not cause her to become a married woman in the full sense. Nevertheless, [if the *yavam* desires to nullify the *ma'amar*,] he must give [the *yevamah*] a *get*. For her to marry another man, however, *chalitzah* must be performed.

footnotes:
² See Chapter 2, Halachah 1.


###### Mishneh Torah, Levirate Marriage and Release 5:3
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כֵּיצַד. הָעוֹשֶׂה מַאֲמָר בִּיבִמְתּוֹ וְאֵינוֹ רוֹצֶה לִבְעל צָרִיךְ לִכְתֹּב לָהּ גֵּט שֶׁהֲרֵי נִתְקַדְּשָׁה לוֹ. וְצָרִיךְ לַחֲלֹץ לָהּ כְּדֵי לְהַתִּירָהּ לְזָר. שֶׁאֵין הַיְבָמָה נִתֶּרֶת לְזָר אֶלָּא אַחַר בְּעִילַת הַיָּבָם אוֹ אַחַר חֲלִיצָה. אֲבָל הַגֵּט פּוֹסְלָהּ לְיִבּוּם וְאֵינוֹ מַתִּירָהּ לְזָר. וְהַמַּאֲמָר אֵינוֹ קוֹנֶה בָּהּ קִנְיָן גָּמוּר כְּמוֹ הַבְּעִילָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
What is implied? When [a *yavam*] gives a *ma'amar* to his *yevamah*, but does not desire to engage in sexual relations with her, he must write a *get* for her, since she was consecrated unto him, and he must perform *chalitzah* with her to cause her to be permitted to others.³ 3:5), the Rambam writes that at the outset, the *get* should precede the *chalitzah*.
For a *yevamah* is not permitted to marry another man unless she enters into sexual relations with her *yavam* [and then is divorced or widowed], or if she performs *chalitzah*. A *get* disqualifies her for *yibbum*, but does not permit her to marry another man. A *ma'amar* does not effect a marriage bond in a complete sense, as sexual relations do.

footnotes:
³ In his Commentary on the Mishnah (Yevamot


###### Mishneh Torah, Levirate Marriage and Release 5:4
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נָתַן מַאֲמָר לִיבִמְתּוֹ וְחָזַר וְנָתַן גֵּט לְמַאֲמָרוֹ מַה שֶּׁעָשָׂה הֲרֵי בִּטְּלוֹ וְהֻתְּרָה. וְיֵרָאֶה לִי שֶׁלֹּא הֻתְּרָה אֶלָּא לְאֶחָיו אֲבָל זֶה שֶׁנָּתַן הַגֵּט אֲסוּרָה הִיא לוֹ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When [a *yavam*] gives a *ma'amar* to his *yevamah* and then gives her a *get* [to nullify his *ma'amar*], he has negated what he brought about,⁴ nullifies the *kiddushin* brought about by the *ma'amar*. and [the *yevamah*] is free [to perform *yibbum*]. It appears to me that she is free only [to perform *yibbum*] with his brothers, but she is forbidden to him.⁵ 32a, 52a) agrees with the Rambam, but the Ra'avad and *Tosafot* differ and maintain that if the *yavam* who gave her the *ma'amar* and the *get* desires, he may still perform *yibbum* with her. The *Shulchan Aruch* (*Even HaEzer* 170:15) quotes both opinions, but appears to favor that of the Rambam.

footnotes:
⁴ I.e., the get
⁵ Whenever the Rambam uses the expression "It appears to me," he is referring to a ruling that is not specifically mentioned in the Talmud. In this instance, Rashi (Yevamot


###### Mishneh Torah, Levirate Marriage and Release 5:5
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נָתַן גֵּט לְזִקָּתוֹ [וְלֹא לְמַאֲמָרוֹ] פְּסָלָהּ עָלָיו וְעַל שְׁאָר הָאַחִין כְּמוֹ שֶׁבֵּאַרְנוּ וּצְרִיכָה גֵּט לְמַאֲמָרוֹ וַחֲלִיצָה לְהַתִּירָהּ לְזָר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When [a *yavam*] gives a *get* [to his *yevamah*] [to nullify] his connection to her and not {to nullify his *ma'amar*}, he disqualifies her [from performing *yibbum*] with him and his other brothers, as stated above.⁶ had already given the *yevamah* a *ma'amar*, this ruling still applies.
If the *yavam* gives a *get* without specifying the reason, we assume that his intent is to sever his connection with the *yevamah* and not merely to nullify his *ma'amar* (Rashi, *Yevamot* 32a; Ramah, *Even HaEzer* 170:15).
He must give her [another] *get* [to negate] his *ma'amar* and perform *chalitzah* with her to permit her to marry another man.

footnotes:
⁶ In Halachah 1. The Rambam is adding that even if the yavam


###### Mishneh Torah, Levirate Marriage and Release 5:6
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הַמַּאֲמָר שֶׁנִּתַּן לִיבָמָה תְּחִלָּה וְלֹא קְדָמוֹ דָּבָר אַחֵר וְלֹא נַעֲשָׂה אַחֲרָיו דָּבָר אַחֵר אֶלָּא שֶׁבָּעַל אוֹתָהּ זֶה שֶׁנָּתַן לָהּ הַמַּאֲמָר הוּא הַנִּקְרָא מַאֲמָר כָּשֵׁר. וְאִם קְדָמוֹ גֵּט אוֹ חֲלִיצָה בֵּין מִיָּבָם זֶה בֵּין מִיָּבָם אַחֵר בֵּין בָּהּ בֵּין בְּצָרָתָהּ. וְכֵן אִם קְדָמַתּוּ בְּעִילָה בְּצָרָתָהּ בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו. אוֹ שֶׁנַּעֲשָׂה אַחֲרָיו גֵּט אוֹ חֲלִיצָה בֵּין בָּהּ בֵּין בְּצָרָתָהּ בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו. אוֹ שֶׁבָּעַל אוֹ נָתַן מַאֲמָר אַחֵר לְצָרָתָהּ בֵּין הוּא בֵּין אָחִיו. אוֹ שֶׁנָּתַן לָהּ אָחִיו מַאֲמָר אַחֵר אוֹ בְּעָלָהּ הֲרֵי זֶה נִקְרָא מַאֲמָר פָּסוּל. בֵּין הַמַּאֲמָר שֶׁקְּדָמוּהוּ הַמַּעֲשִׂים הָאֵלּוּ בֵּין הַמַּאֲמָר שֶׁנִּתְאַחֲרוּ אַחֲרָיו:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a *ma'amar* is given to a *yevamah* at the outset, without its having been preceded by any other activity and without its having been followed by any activity other than the sexual relations between [the *yavam*] who gave the *ma'amar* and the *yevamah*, the *ma'amar* is referred to as "an acceptable *ma'amar*."
By contrast, a *ma'amar* is referred to as "an unacceptable *ma'amar*" when:
a) before the *ma'amar* either this *yavam* or one of his brothers gave a *get* to this *yevamah* or one of the deceased brother's other wives or performed *chalitzah* with her,⁷ has performed *chalitzah*, neither he nor his brothers may perform *yibbum* afterwards. Similarly, once a *get* has been given, the *yavam* is obligated to perform *chalitzah* and may not perform *yibbum*. Since *yibbum* is not relevant, the *ma'amar* is not acceptable.
b) either he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives beforehand,⁸, as stated in Chapter 1, Halachah 9.
c) after the *ma'amar*, either this *yavam* or one of his brothers gave a *get* to this *yevamah* or one of the deceased brother's other wives or performed *chalitzah* with her,⁹ does not complete the bond between the *yavam* and the *yevamah*, the connection between them can be disqualified because of undesirable actions, such as those mentioned by the Rambam.
d) he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives or gave a *ma'amar* to one of them, or
e) one of his brothers gave a *ma'amar* or engaged in sexual relations [with the *yevamah* to whom he gave the *ma'amar*].
[This term applies to] both a *ma'amar* that preceded these deeds as well as to a *ma'amar* that was given afterwards.

footnotes:
⁷ Once a yavam
⁸ For only one of the wives of the deceased brother may be married by a yavam
⁹ Since a ma'amar


###### Mishneh Torah, Levirate Marriage and Release 5:7
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כֵּיצַד. נָתַן גֵּט אוֹ חָלַץ לִיבִמְתּוֹ וְחָזַר וְנָתַן מַאֲמָר לָהּ אוֹ לְצָרָתָהּ בֵּין הוּא בֵּין אֶחָיו. אוֹ שֶׁבָּא עַל יְבִמְתּוֹ אוֹ נָתַן לָהּ מַאֲמָר וְחָזַר וְנָתַן לָהּ מַאֲמָר אַחֵר לְצָרָתָהּ בֵּין הוּא בֵּין אֶחָיו. אוֹ שֶׁנָּתַן מַאֲמָר לִיבִמְתּוֹ וְחָזַר אָחִיו וְנָתַן לָהּ מַאֲמָר אַחֵר אוֹ בְּעָלָהּ הֲרֵי זֶה מַאֲמָר פָּסוּל בֵּין הַמַּאֲמָר הָרִאשׁוֹן בֵּין הַמַּאֲמָר הָאַחֲרוֹן:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
What is implied? If [a *yavam*] a) gave a *get* or performed *chalitzah* with his *yevamah* and afterwards he or one of his brothers gave her or another of his deceased brother's wives a *ma'amar*, or b) he entered into relations with his *yevamah*¹⁰ that follows the relations is nullified, the marriage bond established by the relations remains in effect (Rav David Arameah). or gave her a *ma'amar*, and then he or one of his brothers gave another of his deceased brother's wives a *ma'amar* or entered into relations with her, the *ma'amar* is unacceptable. This applies both to the first *ma'amar*¹¹ is disqualified by the actions that follow it. and the second *ma'amar*.¹² is disqualified by the actions that preceded it.

footnotes:
¹⁰ Although the ma'amar
¹¹ This ma'amar
¹² This ma'amar


###### Mishneh Torah, Levirate Marriage and Release 5:8
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נִמְצֵאתָ לָמֵד שֶׁהַמַּאֲמָר בֵּין שֶׁקְּדָמוֹ מַאֲמָר אַחֵר אוֹ גֵּט אוֹ חֲלִיצָה אוֹ בְּעִילָה. בֵּין שֶׁקָּדַם הַמַּאֲמָר לְאֶחָד מֵאֵלּוּ. הֲרֵי זֶה מַאֲמָר פָּסוּל. חוּץ מִן הַנּוֹתֵן מַאֲמָר וּבָעַל בְּעִילָה אַחַר הַמַּאֲמָר שֶׁזּוֹ הִיא כְּהִלְכָתָהּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Thus, we may conclude that whether a *ma'amar* was preceded by another *ma'amar*, a *get*, a *chalitzah*, or sexual relations, or whether any of these acts preceded a *ma'amar*, the *ma'amar* is unacceptable.¹³ is unacceptable and *yibbum* is not allowed, a *get* is necessary (from both brothers, when two *ma'amarim* are involved), nevertheless, to nullify the *kiddushin*. Afterwards, one of the brothers should perform *chalitzah* to enable the woman to marry another man. The only exception is when [a *yavam*] gives a *ma'amar* and enters into sexual relations [with the *yevamah*] after the *ma'amar*; this follows the dictates of the law.

footnotes:
¹³ Although the ma'amar


###### Mishneh Torah, Levirate Marriage and Release 5:9
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הַבְּעִילָה שֶׁבּוֹעֵל הַיָּבָם אֶת יְבִמְתּוֹ תְּחִלָּה אוֹ אַחַר מַאֲמָרוֹ בָּהּ וְלֹא קְדָמָהּ דָּבָר אַחֵר נִקְרֵאת בְּעִילָה כְּשֵׁרָה. וְאִם קְדָמָהּ מַאֲמָר מֵאֶחָיו אוֹ גֵּט בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו בֵּין בָּהּ בֵּין בְּצָרָתָהּ. אוֹ שֶׁקְּדָמָהּ מַאֲמָר בְּצָרָתָהּ בֵּין מִמֶּנּוּ בֵּין מֵאֶחָיו הֲרֵי זוֹ נִקְרֵאת בְּעִילָה פְּסוּלָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a *yavam* enters into sexual relations with his *yevamah* at the outset¹⁴ should give the *yevamah* a *ma'amar* before entering into relations with her. Nevertheless, after the fact, if he failed to give her such a *ma'amar*, their relations still establish a marriage bond between them that the Sages allowed to continue. or after giving her a *ma'amar*, and nothing else preceded [their relations], [their] relations are referred to as "acceptable."
If a) a *ma'amar* from one of his brothers [was given to this *yevamah*],
b) a *get* was given [to this *yevamah*] or to one of [the deceased brother's] other wives, or
c) a *ma'amar* [was given by this *yavam*] or one of his brothers to one of [the deceased brother's] other wives, before [the *yavam* and the *yevamah* entered into relations], the relations are referred to as unacceptable.¹⁵ must divorce the *yevamah* with a *get*, because of their relations in which they engaged, and also perform *chalitzah* because of his original obligation to her. Similarly, he and/or his brothers must give a *get* to any of his deceased brother's other wives if she was given a *ma'amar* in such an instance (*Maggid Mishneh*, based on *Yevamot* 50b).

footnotes:
¹⁴ According to Rabbinic law, the yavam
¹⁵ In all these instances, the yavam


###### Mishneh Torah, Levirate Marriage and Release 5:10
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הַחֲלִיצָה שֶׁחוֹלֵץ הַיָּבָם לִיבִמְתּוֹ תְּחִלָּה אִם לֹא קְדָמָהּ דָּבָר אַחֵר נִקְרֵאת חֲלִיצָה מְעֻלָּה. וְאִם קְדָמָהּ גֵּט אוֹ מַאֲמָר בֵּין מִיָּבָם זֶה בֵּין מֵאֶחָיו בֵּין בָּהּ בֵּין בְּצָרָתָהּ הֲרֵי זוֹ נִקְרֵאת חֲלִיצָה פְּחוּתָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a *yavam* performs *chalitzah* with his *yevamah* at the outset without any other activity preceding it, the act is referred to as "a superior *chalitzah*."
If [the *chalitzah*] was preceded by a *get* or a *ma'amar*, whether from this *yavam* or from his brothers, [which was given] either to this *yevamah* or to one of [the deceased brother's] other wives, the act is referred to as an "inferior *chalitzah*."¹⁶ cannot perform *yibbum* with his *yevamah*, the *chalitzah* he performs with her is deemed "inferior."

footnotes:
¹⁶ See Halachah 12. See also Chapter 7, Halachah 9, from which it is apparent that whenever a yavam


###### Mishneh Torah, Levirate Marriage and Release 5:11
[Mishneh Torah, Levirate Marriage and Release 5:11](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:11)

יְבָמוֹת רַבּוֹת הַבָּאוֹת מִבַּיִת אֶחָד כֵּיוָן שֶׁנִּבְעֲלָה אַחַת מֵהֶן בְּעִילָה כְּשֵׁרָה אוֹ נֶחְלְצָה חֲלִיצָה מְעֻלָּה הֻתְּרוּ הַכּל וְנִסְתַּלְּקָה זִקַּת הַיָּבָם מֵעֲלֵיהֶן. וְאִם נִבְעֲלָה אַחַת מֵהֶן בְּעִילָה פְּסוּלָה אוֹ נִתַּן לָהּ מַאֲמָר פָּסוּל נֶאֶסְרוּ כֻּלָּן לְיִבּוּם וּצְרִיכָה גֵּט זוֹ שֶׁנִּבְעֲלָה אוֹ שֶׁנִּתַּן לָהּ מַאֲמָר. וּצְרִיכָה חֲלִיצָה [כָּל] אַחַת מֵהֶן לְהַתִּירָן לְזָר. שֶׁאֵין זִקַּת הַיִּבּוּם מִסְתַּלֶּקֶת בִּבְעִילָה פְּחוּתָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When there are many *yevamot* coming from one household,¹⁷ after one of them has entered into "acceptable relations" or performed a "superior *chalitzah*," all are permitted [to marry other men], and their obligation to the *yavam* is removed.
If one of them entered into "unacceptable relations" or was given an "unacceptable *ma'amar*," all the wives are forbidden to perform *yibbum*.¹⁸ have an effect and nullify the possibility of performing *yibbum* with any of the deceased's other wives. The woman who entered into relations or who received the *ma'amar* must be divorced with a *get*. [In addition,] {each} one¹⁹ or not. The *Maggid Mishneh* maintains that this word should be included in the text. According to his interpretation, even if the *yavam* performs *chalitzah* with one of the deceased's wives who did not receive a *ma'amar* or engage in relations with the *yavam*, this *chalitzah* does not remove the obligation from the deceased's other wives, and each of them must perform *chalitzah*.
The *Lechem Mishneh* differs and maintains that the word "each" is a later addition. (And indeed most authoritative manuscripts and early printings of the *Mishneh Torah* substantiate this contention.) According to this view, if the *yavam* performs *chalitzah* with one of the deceased's wives who did not receive a *ma'amar* or engage in relations with the *yavam*, this *chalitzah* removes the obligation from the deceased's other wives, and none of them is required to perform *chalitzah*.
Even according to this view, if the *yavam* performs *chalitzah* with the *yevamah* who received an unacceptable *ma'amar* or engaged in unacceptable relations, this *chalitzah* does not remove the obligation from the deceased's other wives, and each of them must perform *chalitzah*.
The *Shulchan Aruch* (*Even HaEzer* 170:19) quotes the *Maggid Mishneh's* interpretation of the Rambam's ruling, but mentions that other authorities differ. of them is required to perform *chalitzah* to be permitted to marry another man. For "unacceptable relations" do not remove [a *yevamah's*] obligation to her *yavam*.

footnotes:
¹⁷ I.e., the deceased was married to many wives.
¹⁸ I.e., as mentioned above, unacceptable relations and/or an unacceptable ma'amar
¹⁹ There is a question among the commentaries if the word "each" is included in the text of the Mishneh Torah


###### Mishneh Torah, Levirate Marriage and Release 5:12
[Mishneh Torah, Levirate Marriage and Release 5:12](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:12)

נֶחְלְצָה אַחַת מֵהֶן חֲלִיצָה פְּחוּתָה הֻתְּרָה לְהִנָּשֵׂא לְזָר זוֹ שֶׁנֶּחְלְצָה אֲבָל צָרָתָהּ אֲסוּרָה עַד שֶׁתַּחֲלֹץ גַּם הִיא אוֹ עַד שֶׁיַּחְלְצוּ כָּל הָאַחִין לָרִאשׁוֹנָה שֶׁנֶּחְלְצָה הַחֲלִיצָה הַפְּחוּתָה. שֶׁאֵין חֲלִיצָה פְּחוּתָה מְסַלֶּקֶת זִקַּת יִבּוּם מִבַּיִת זֶה עַד שֶׁתַּחֲזֹר עַל כָּל הָאַחִין אוֹ עַד שֶׁתֵּחָלֵץ כָּל אַחַת מֵהֶן:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If one of [a deceased man's wives] performs an "inferior *chalitzah*," she is permitted to marry another man, but [the deceased's] other wives remain forbidden [to marry] unless they perform *chalitzah* or unless all the brothers perform *chalitzah* with [the *yevamah*] who performed the "inferior *chalitzah*." For an "inferior *chalitzah*" does not remove the obligation of *yibbum* from this household until [the *yevamah* who performed the "inferior *chalitzah*" performs *chalitzah*] with all the brothers, or all [the deceased's wives] perform *chalitzah*.


###### Mishneh Torah, Levirate Marriage and Release 5:13
[Mishneh Torah, Levirate Marriage and Release 5:13](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:13)

כָּל יְבָמָה שֶׁנִּבְעֲלָה לִיבָמָהּ בֵּין בְּעִילָה כְּשֵׁרָה בֵּין בְּעִילָה פְּסוּלָה. וַאֲפִלּוּ בְּעָלָהּ אַחַר שֶׁחָלַץ לָהּ בֵּין הוּא בֵּין אֶחָיו בֵּין לְשֵׁם אִישׁוּת בֵּין לְשֵׁם יַבְּמוּת. וַאֲפִלּוּ בָּעַל צָרָתָהּ אַחַר שֶׁבָּעַל בְּעִילָה כְּשֵׁרָה בֵּין הוּא בֵּין אֶחָיו. הֲרֵי זוֹ צְרִיכָה גֵּט שֶׁהֲרֵי נַעֲשֵׂית אֵשֶׁת אִישׁ בַּבְּעִילָה. וְכֵן כָּל יְבָמָה שֶׁנִּתַּן לָהּ מַאֲמָר בֵּין מַאֲמָר כָּשֵׁר בֵּין מַאֲמָר פָּסוּל הֲרֵי זוֹ צְרִיכָה גֵּט מִפְּנֵי הַמַּאֲמָר כְּמוֹ שֶׁבֵּאַרְנוּ וְאַחַר כָּךְ יָסוּר אִסּוּר הַמַּאֲמָר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Whenever a *yevamah* engages in sexual relations with her *yavam*, [a *get* is required to terminate the relationship], regardless of whether or not the relations are acceptable. [This applies] even if [the *yavam*] engaged in relations with [the *yevamah*] after performing *chalitzah* with her.²⁰
[Similarly, this ruling applies] regardless of whether [a *yavam*] or his brothers engaged in the relations for the sake of establishing a marriage bond²¹ 1:2. or for the sake of *yibbum*. Even if [a *yavam*] or his brother engages in relations with another [one of the deceased's] wives after [the *yavam*] engages in "acceptable relations" with [his *yevamah*],²² violate a positive commandment of the Torah, as stated in Chapter 1, Halachah 12. he must divorce the woman with a *get*, for these relations effect the establishment of a marriage bond.²³ 4:14.
Similarly, whenever a *yevamah* is given a *ma'amar* - whether an "acceptable *ma'amar*" or an "unacceptable *ma'amar*" - a *get* is required because of the *ma'amar*, as explained.²⁴ Only then is the prohibition brought about by the *ma'amar* removed.

footnotes:
²⁰ In which instance she is forbidden to him by Rabbinic decree, as stated in Chapter 1, Halachah 12.
²¹ I.e., consecrating the woman by engaging in sexual relations with her, as stated in Hilchot Ishut
²² In which case the relations with the second yevamah
²³ For even when the relations violate a Rabbinic prohibition or a positive commandment, a marriage bond is effected, as stated in Hilchot Ishut
²⁴ Halachah 2.


###### Mishneh Torah, Levirate Marriage and Release 5:14
[Mishneh Torah, Levirate Marriage and Release 5:14](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:14)

כְּבָר אָמַרְנוּ שֶׁאֵין הַגֵּט דּוֹחֶה הַיְבָמָה דְּחִיָּה גְּמוּרָה וְכֵן הַמַּאֲמָר אֵינוֹ קוֹנֶה בָּהּ קִנְיָן גָּמוּר. אֲבָל הַבְּעִילָה קוֹנָה קִנְיָן גָּמוּר. וְהַחֲלִיצָה דּוֹחָה אוֹתָהּ דְּחִיָּה גְּמוּרָה. לְפִיכָךְ גֵּט אַחַר גֵּט בִּיבָמָה אוֹ מַאֲמָר אַחַר מַאֲמָר מוֹעִיל. אֲבָל בְּעִילָה אַחַר בְּעִילָה וַחֲלִיצָה אַחַר חֲלִיצָה אֵין הָאַחֲרוֹנָה מוֹעֶלֶת כְּלוּם. וְכֵן גֵּט אוֹ חֲלִיצָה אַחַר הַבְּעִילָה אֵינָהּ כְּלוּם:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
As mentioned, a *get* does not dissolve [a *yavam's* connection with] his *yevamah* entirely.²⁵ that the connection is completely dissolved. Similarly, a *ma'amar* does not acquire her [as a wife for the *yavam*] in a complete way. It is [only] sexual relations that establish the marriage bond in a complete manner, and it is [only] *chalitzah* that dissolves the connection entirely.
Therefore, when a *yevamah* is given one *get* after another, or one *ma'amar* after another, there is an effect.²⁶ When, however, [another brother] engages in relations with [a *yevamah* with whom a *yavam*] engaged in relations, or performs *chalitzah* with [a *yevamah* with whom a *yavam*] performed *chalitzah*, the second relations or the second *chalitzah* are of no consequence.²⁷. They are, however, adulterous relations, and if the *yevamah* engages in them willingly, she is not permitted to remain married to her husband. Similarly, a *get* or *chalitzah* that follows relations is of no consequence.

footnotes:
²⁵ As mentioned in Halachah 1, it is only through chalitzah
²⁶ As explained in the following halachah.
²⁷ The intent is that the relations are of no consequence with regard to the laws of yibbum


###### Mishneh Torah, Levirate Marriage and Release 5:15
[Mishneh Torah, Levirate Marriage and Release 5:15](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:15)

כֵּיצַד. יָבָם שֶׁנָּתַן גֵּט לִיבִמְתּוֹ וְחָזַר וְנָתַן גֵּט לְצָרָתָהּ הֲרֵי זֶה אָסוּר בִּקְרוֹבוֹת שְׁתֵּיהֶן. וְכֵן שְׁנֵי יְבָמִין שֶׁנָּתְנוּ שְׁנֵי גִּטִּין לִיבָמָה אַחַת זֶה אַחַר זֶה הֲרֵי זוֹ כִּגְרוּשָׁה לִשְׁנֵיהֶן וּשְׁנֵיהֶן אֲסוּרִין בִּקְרוֹבוֹתֶיהָ וְאֶחָד מֵהֶן חוֹלֵץ. וְכֵן אִם נָתַן גֵּט לִיבִמְתּוֹ וְחָזַר וְנָתַן אָחִיו גֵּט לְצָרָתָהּ כָּל אֶחָד אָסוּר בִּקְרוֹבוֹת זוֹ שֶׁנָּתַן לָהּ הַגֵּט. וְכֵן אִם נָתְנוּ מַאֲמָר אַחַר מַאֲמָר כְּמוֹ שֶׁבֵּאַרְנוּ. אֲבָל הַיָּבָם שֶׁחָלַץ לִיבִמְתּוֹ וְחָזַר וְחָלַץ לְצָרָתָהּ בֵּין הוּא בֵּין אָחִיו. וְכֵן שְׁתֵּי יְבָמִין שֶׁחָלְצוּ זֶה אַחַר זֶה לִיבָמָה אַחַת אֵין חֲלִיצָה אַחֲרוֹנָה כְּלוּם וְאֵין הַחוֹלֵץ אוֹתָהּ בָּאַחֲרוֹנָה אָסוּר בִּקְרוֹבוֹתֶיהָ. שֶׁזֶּה כְּחוֹלֵץ לִשְׁאָר הַנָּשִׁים שֶׁאֵין לוֹ עֲלֵיהֶן זִקָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
What is implied? When a *yavam* gives a *get* to a *yevamah*, and afterwards gives a *get* to another one of [the deceased's] wives, he is forbidden to marry the relatives of both women.²⁸ is necessary, the prohibition is still applied in both cases.
In this instance, both women are required to perform *chalitzah* in order to marry another man. See *Shulchan Aruch* (*Even HaEzer* 170:5).
Similarly, when two *yevamim* give two *gittin* to one *yevamah*, one after the other, she is considered to have been divorced by both of them. They are both forbidden to marry her relatives; one of them should perform *chalitzah* [with her].²⁹ in order for her to be permitted to marry others. Performing *chalitzah* with her does not, however, cause the deceased's other wives to become permitted, as explained in Halachot 11 and 12.
Similarly, if [a *yavam*] gives a *get* to his *yevamah*, and then his brother gives a *get* to another one of [the deceased's] wives, each brother is forbidden to marry the relatives of the woman to whom he gave the *get*. Similarly, if [two brothers each] give a *ma'amar*, one after the other, [each must give a *get*], as explained.³⁰
When, however, a *yavam* performs *chalitzah* with his *yevamah*, and afterwards either he or his brother perform *chalitzah* with another of [the deceased's] wives, or two *yevamim* perform *chalitzah* with the same *yevamah*, the second *chalitzah* is of no consequence, and the brother who performed it is not forbidden to marry the woman's relatives.³¹. It is just as if he performed *chalitzah* with another woman who is not under obligation to him.

footnotes:
²⁸ A person is forbidden to marry the women who are closely related to his divorcee. In this instance, although neither of these gittin
²⁹ Both brothers are not required to perform chalitzah
³⁰ See Halachah 13.
³¹ As mentioned in Chapter 1, Halachah 14, the same relatives who are forbidden to a man who divorces his wife are forbidden to a man who performs chalitzah


###### Mishneh Torah, Levirate Marriage and Release 5:16
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וְכֵן הַבּוֹעֵל יְבִמְתּוֹ וְחָזַר בֵּין הוּא בֵּין אָחִיו וְחָלַץ לָהּ אוֹ לְצָרָתָהּ אֵין חֲלִיצָה זוֹ כְּלוּם. וְכֵן אִם חָזַר אָחִיו וְנָתַן גֵּט לָהּ אוֹ לְצָרָתָהּ אֵינוֹ כְּלוּם. חָזַר אָחִיו וְנָתַן לָהּ מַאֲמָר אוֹ בָּעַל לֹא עָשָׂה כְּלוּם מֵאַחַר שֶׁבָּעַל אָחִיו תְּחִלָּה קָנָה קִנְיָן גָּמוּר וְאֵין הַקִּדּוּשִׁין תּוֹפְסִין בְּאֵשֶׁת אִישׁ. אֲבָל אִם נָתַן מַאֲמָר לְצָרָתָהּ אוֹ בָּעַל צָרָתָהּ צְרִיכָה גֵּט מִמֶּנּוּ כְּמוֹ שֶׁבֵּאַרְנוּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Similarly, when a man engages in relations with his *yevamah*,³²). and then he or one of his brothers performs *chalitzah* with her or with one of the other wives [of his deceased brother], this *chalitzah* is of no consequence.
Similarly, if his brother gave a *get* to [this *yevamah* or] any of the other wives [of his deceased brother], it is of no consequence. Nor is it of consequence if one of his brothers gives the woman a *ma'amar* or engages in relations with her.³³ engages in these relations willingly, she must be divorced by her husband for committing adultery. Once the brother engaged in relations with her, he acquired her [as his wife] in a complete manner, and a married woman cannot be consecrated by another man. If, however, one of the brothers gave a *ma'amar* to one of the other wives [of his deceased brother], or engaged in relations with her, he must release her with a *get*, as we have explained.³⁴

footnotes:
³² This refers to "acceptable relations," as stated in Halachah 11. If the relations are "unacceptable," different laws apply (Maggid Mishneh
³³ If, however, the yevamah
³⁴ See Halachah 13.


###### Mishneh Torah, Levirate Marriage and Release 5:17
[Mishneh Torah, Levirate Marriage and Release 5:17](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:17)

שְׁנֵי יְבָמִין שֶׁיִּבְּמוּ שְׁתֵּי יְבָמוֹת הַבָּאוֹת מִבַּיִת אֶחָד וְלֹא נוֹדַע מִי יִבֵּם תְּחִלָּה שְׁנֵיהֶן יוֹצִיאוּ בְּגֵט וְיֻתְּרוּ לְזָרִים וַאֲסוּרוֹת לַיְבָמִין. לְפִיכָךְ רְאוּבֵן שֶׁהָיָה בִּירוּשָׁלַיִם וְלוֹ שְׁתֵּי נָשִׁים אַחַת בְּעַכּוֹ וְאַחַת בְּצוֹר וְשִׁמְעוֹן אָחִיו בְּעַכּוֹ וְלֵוִי אָחִיו בְּצוֹר וְשָׁמְעוּ שֶׁמֵּת רְאוּבֵן הַדִּין נוֹתֵן שֶׁלֹּא יְיַבֵּם אֶחָד מֵהֶן עַד שֶׁיִּוָּדַע מֶה עָשָׂה אָחִיו שֶׁמָּא קָדַם וְיִבֵּם. קָדַם אֶחָד מֵהֶן וְיִבֵּם אֵין מוֹצִיאִין מִיָּדוֹ עַד שֶׁיִּוָּדַע שֶׁאָחִיו יִבֵּם תְּחִלָּה. רָצָה הָאֶחָד לַחֲלֹץ קֹדֶם שֶׁיָּדַע מֶה עָשָׂה אָחִיו אֵין מוֹנְעִין אוֹתוֹ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply when] two *yevamim* perform *yibbum* with two *yevamot* coming from the same household, and it is not known who performed *yibbum* first.³⁵ with one of the widows. Unknowingly, another brother decided to perform *yibbum* with another widow, and it is not known who performed *yibbum* first. Both should divorce [the women] with *gittin*.³⁶ (*Even HaEzer* 170), who quotes a responsum of the *geonim* that also requires that one of the brothers perform *chalitzah*. The rationale is that perhaps one of the brothers gave his *yevamah* a *ma'amar*, and then the other one performed *yibbum*. Since these are "unacceptable relations," *chalitzah* is also necessary, as explained above. The women are then permitted to marry other men, but are forbidden to the *yevamim*.
Consequently, when Reuven lived in Jerusalem and he had two wives, one living in Akko and one living in Tyre, [and two brothers:] Shimon who lived in Akko and Levi who lived in Tyre, if there is a report that Reuven died, according to law it would be proper for neither brother to perform *yibbum* until he knows what his other brother did. For perhaps he performed *yibbum* first.
If one of the brothers does perform *yibbum*, he is not forced to divorce his wife until it is determined that his other brother performed *yibbum* first.³⁷, and even if he did perform *yibbum*, perhaps he did so after this brother performed *yibbum*. Since there are several doubts involved (םפק םפקא), the *yavam* is not forced to divorce until he has determined that his brother has also performed *yibbum*. If one brother desired to perform *chalitzah* without waiting to see what his other brother did, he is not prevented from doing so.³⁸ be unnecessary, she discover that fact and marry a priest and an onlooker not know all the details of the situation. Such a scenario could also happen in the present situation.
There are commentaries that try to reconcile the Rambam's ruling. For example, *Mishneh LaMelech* explains that in the present instance, the doubt could be protracted indefinitely, while in the previous case, everything is dependent on a woman's giving birth, and the matter can be clarified after nine months. Nevertheless, because of these objections, the *Shulchan Aruch* (*Even HaEzer* 170:20) does not mention this element of the Rambam's ruling.

footnotes:
³⁵ I.e., the deceased left two or more wives and was survived by two or more brothers. One brother decided to perform yibbum
³⁶ For the marriage of one of them is sinful, transgressing a positive commandment. Since it cannot be determined whose marriage is sinful, both are required to divorce.See also the Beit Yosef
³⁷ For it is not known that his brother performed yibbum
³⁸ The commentaries have questioned this ruling, based on Chapter 3, Halachah 16, which requires a woman to wait until she discovers what has taken place overseas, lest the chalitzah


###### Mishneh Torah, Levirate Marriage and Release 5:18
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יָבָם קָטָן בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד בִּיאָתוֹ כְּמַאֲמָר מִן הַגָּדוֹל שֶׁאֵינוֹ קוֹנֶה קִנְיָן גָּמוּר. וּמַאֲמָר בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד אִם נְתָנוֹ בַּתְּחִלָּה מוֹעִיל וַהֲרֵי הוּא פּוֹסֵל בּוֹ עַל הַגָּדוֹל אֲבָל אִם נְתָנוֹ בַּסּוֹף אֵינוֹ כְּלוּם. וְגִטּוֹ וַחֲלִיצָתוֹ אֵינָם כְּלוּם בֵּין בַּתְּחִלָּה בֵּין בַּסּוֹף:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a *yavam* who is below the age of majority, [but more than] nine years and one day old, enters into relations [with a *yevamah*], [the consequence] is equivalent to [that of] a *ma'amar* given by an adult;³⁹ 11:3), when a boy over nine years old enters into sexual relations with a woman, his actions are considered of consequence in certain contexts.
The *Maggid Mishneh* and Rashi (*Kiddushin* 19a) explain that when a minor above nine years old enters into relations with a woman, he acquires her as his wife according to Scriptural law. (Nevertheless, if another man enters into relations with her, the other man is not executed for committing adultery.) Our Sages, however, reduced the level of connection established and caused their marriage bond to have only the effectiveness of a *ma'amar*.
[The rationale why *yibbum* performed by a minor is effective although a minor does not possess the intellectual maturity to take responsibility for his conduct is that we find that *yibbum* does not require intent at all; what is significant is the act of sexual relations. (See Chapter 2, Halachah 3.)]
*Tosafot* differ and maintain that, in this context, the relations of a nine-year old are of no consequence according to Scriptural law. Nevertheless, the Rabbis enforced a stringency and considered these relations to be equivalent to a *ma'amar*. [the *yevamah*] is not acquired as a wife in a complete manner.⁴⁰ given by an adult.
When [a *yavam* who is below the age of majority, but more than] nine years and one day old, gives a *ma'amar* at the outset, it is effective and causes [the *yevamah*] to be forbidden to [his brothers] who are past majority. If, however, he gives [the *ma'amar* after a *ma'amar* has been given by his brothers who are past majority, his *ma'amar*] is of no consequence.
[Similarly,] a *get* that he gives or *chalitzah* that he performs is always of no consequence, whether it precedes [his brothers' actions] or follows them.⁴¹ performed by a minor is of no consequence, because the passage concerning *chalitzah* explicitly mentions an איש - i.e., a male past majority. Since *chalitzah* performed by a minor is of no consequence, a *get* given by him is of no consequence, because the disqualification caused by a *get* is an extension by the Rabbis of the Scriptural prohibition caused by *chalitzah*.
Significantly, the Rambam's statements here represent a reversal of his ruling in his Commentary on the Mishnah (*Yevamot* 10:6), in which he rules that a *get* given by a minor does disqualify a *yevamah* from performing *yibbum* with the minor's brothers.

footnotes:
³⁹ As mentioned in Chapter 1, Halachah 15 (and Hilchot Ishut
⁴⁰ This concept is illustrated in the halachah that follows, as is another consequence of the principle that the sexual relations that this youth engages in are considered equivalent to a ma'amar
⁴¹ As mentioned in Chapter 4, Halachah 16, chalitzah


###### Mishneh Torah, Levirate Marriage and Release 5:19
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כֵּיצַד. בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ אוֹ שֶׁנָּתַן לָהּ מַאֲמָר תְּחִלָּה פְּסָלָהּ עַל שְׁאָר אַחִין. אֲבָל אִם עָשָׂה הַגָּדוֹל מַאֲמָר בִּיבִמְתּוֹ וְחָזַר בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד וְנָתַן לָהּ אוֹ לְצָרָתָהּ מַאֲמָר לֹא עָשָׂה כְּלוּם וְלֹא פְּסָלָהּ עַל אָחִיו הַגָּדוֹל. חָזַר בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד וּבָא עָלֶיהָ אוֹ עַל צָרָתָהּ אַחַר מַאֲמַר אָחִיו הַגָּדוֹל פְּסָלָהּ עַל הַגָּדוֹל כִּשְׁנֵי גְּדוֹלִים שֶׁעָשׂוּ מַאֲמָר אַחַר מַאֲמָר כְּמוֹ שֶׁבֵּאַרְנוּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
What is implied? When a [*yavam* who is below the age of majority, but more than] nine years and one day old, engages in relations with his *yevamah*, or gives her a *ma'amar* at the outset, he disqualifies her [from performing *yibbum*] with his other brothers. If, however, [one of the brothers] past majority gave his *yevamah* a *ma'amar*, and then [the brother who is below the age of majority, but more than] nine years and one day old, gives her or another one of the wives [of the deceased brother] a *ma'amar*, his actions are of no consequence, and he does not cause [the *yevamah*] to be forbidden to his elder brother.⁴² from performing *yibbum* with his older brother, as stated in Halachot 7 and 14.
If, however, [the brother who is below the age of majority, but more than] nine years and one day old engages in relations with her or with another one of the wives of [the deceased brother], he causes [the *yevamah*] to be forbidden to his elder brother, as would be the case when two [brothers] past majority each gave a *ma'amar* one after the other, as we have explained.⁴³

footnotes:
⁴² Had the younger brother been past the age of majority, he would have disqualified the yevamah
⁴³ See Halachot 7 and 14.


###### Mishneh Torah, Levirate Marriage and Release 5:20
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בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ וְחָזַר אָחִיו הַגָּדוֹל וּבָא עָלֶיהָ אוֹ חָלַץ אוֹ נָתַן גֵּט לָהּ אוֹ לְצָרָתָהּ הֲרֵי זֶה פְּסָלָהּ עַל הַקָּטָן. וְכֵן אִם חָזַר הַקָּטָן וּבָא עַל צָרָתָהּ אוֹ בָּא אָחִיו הָאַחֵר שֶׁהוּא בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד עָלֶיהָ אוֹ עַל צָרָתָהּ נִפְסְלָה עָלָיו כְּדִין כָּל מַאֲמָר וּמַאֲמָר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a [*yavam* who is below the age of majority, but more than] nine years and one day old, has engaged in relations with his *yevamah*, and then one of his brothers past majority entered into relations with her, performed *chalitzah* with her, gave her a *get*, or performed one of these activities with another [one of the deceased brother's] wives, he disqualified the minor [from marrying his *yevamah*].⁴⁴, their effectiveness can be nullified by the actions of an older brother.
Similarly, if the minor has engaged in relations with another [one of the deceased brother's] wives, or another brother who is also [below the age of majority, but more than] nine years and one day old, has engaged in relations with this woman, or with another [one of the deceased brother's] wives, [the woman with whom the first brother originally engaged in relations] is disqualified [from marrying him], as is the ruling whenever two *ma'amarim* are given one after the other.

footnotes:
⁴⁴ Since the minor's relations possess only the strength of a ma'amar


###### Mishneh Torah, Levirate Marriage and Release 5:21
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בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד שֶׁבָּא עַל יְבִמְתּוֹ וְהִגְדִּיל וְלֹא בָּא עָלֶיהָ מִשֶּׁהִגְדִּיל צְרִיכָה גֵּט וַחֲלִיצָה. גֵּט מִפְּנֵי בִּיאָתוֹ שֶׁהִיא כְּמַאֲמָר וַחֲלִיצָה לְהַתִּירָהּ לְזָר שֶׁהֲרֵי לֹא נִבְעֲלָה בְּעִילָה שֶׁקּוֹנָה קִנְיָן גָּמוּר. וְאִם בָּא עָלֶיהָ מִשֶּׁהִגְדִּיל הֲרֵי זוֹ צְרִיכָה גֵּט בִּלְבַד:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a [*yavam* who is below the age of majority, but more than] nine years and one day old, engages in relations with his *yevamah* and then does not engage in relations with her again after he attains majority, [he is] required [to give her] a *get* and perform *chalitzah*. The *get* [is necessary] because the relations in which he engaged are considered equivalent to a *ma'amar*. The *chalitzah* [is necessary] in order to permit the woman to marry another man, for she did not engage in relations that established a complete marriage bond.
If [her *yavam*] engaged in relations with her after he attained majority, all that is required [to enable her to marry another man] is a *get*.⁴⁵ attained majority complete the marriage bond.

footnotes:
⁴⁵ For the relations in which they engaged after the yavam


###### Mishneh Torah, Levirate Marriage and Release 5:22
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אֶחָד בֶּן תֵּשַׁע שָׁנִים וְיוֹם אֶחָד. וְאֶחָד בֶּן עֶשְׂרִים שָׁנָה שֶׁלֹּא הֵבִיא שְׁתֵּי שְׂעָרוֹת וְלֹא נוֹלְדוּ בּוֹ סִימָנֵי סָרִיס כְּמוֹ שֶׁבֵּאַרְנוּ בִּתְחִלַּת הַסֵּפֶר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The same laws that apply to a *yavam* who is below the age of majority, but more than] nine years and one day old [apply to a *yavam* who] is twenty years old and has not manifested signs of physical maturity, but has also not manifested physical signs of impotency, as explained in the beginning of this book.⁴⁶ 2:11, a male who does not manifest signs of impotency is considered a minor until he attains the age of 35.

footnotes:
⁴⁶ As explained in Hilchot Ishut


###### Mishneh Torah, Levirate Marriage and Release 5:23
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קְטַנָּה שֶׁרְאוּיָה לְמָאֵן. וְהַחֵרֶשֶׁת. אַף עַל פִּי שֶׁקִּדּוּשֵׁי שְׁתֵּיהֶן מִדִּבְרֵי סוֹפְרִים כְּמוֹ שֶׁבֵּאַרְנוּ שְׁנֵי מִינֵי קִדּוּשִׁין הֵן. קְטַנָּה יֵשׁ לָהּ קִדּוּשִׁין כְּדֵי שֶׁלֹּא יִנְהֲגוּ בָּהּ מִנְהַג הֶפְקֵר. וְקִדּוּשֶׁיהָ תְּלוּיִין עַד שֶׁתַּגְדִּיל. וְחֵרֶשֶׁת תִּקְּנוּ לָהּ נִשּׂוּאִין כְּדֵי שֶׁלֹּא תִּשָּׁאֵר פְּנוּיָה לְעוֹלָם. לְפִיכָךְ אִם הָיוּ כָּל הַיְבָמוֹת הַבָּאוֹת מִבַּיִת אֶחָד קְטַנּוֹת אוֹ חֵרְשׁוֹת בִּיאָתָהּ שֶׁל אַחַת מֵהֶן פּוֹטֶרֶת אֶת כֻּלָּן:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
As explained,⁴⁷ 4:7-9. both the consecration of a girl below the age of majority who is fit to leave her husband through the rite of *mi'un*,⁴⁸ 4:7 and *Hilchot Gerushin* 11:1, when a girl's father died and she is below the age of majority, our Sages ordained that her mother and/or brothers can arrange a marriage for her. This marriage is not binding according to Scriptural law. Accordingly, when creating this option, our Sages gave the girl the possibility of nullifying the marriage before she reaches majority merely by making a verbal statement. and [the consecration of a girl who is] a deaf-mute are Rabbinic institutions. Nevertheless, they are two different types of ordinances. [For] the consecration of a minor was ordained so that [men] will not relate to her in an unrestrained manner.⁴⁹ 112b). Her consecration is thus tentative until she comes of age. Consecration was ordained for a deaf-mute [for a different reason,] so that she will not remain unmarried forever.
Accordingly, if all the *yevamot* coming from one household are below majority or all are deaf mutes,⁵⁰ or *chalitzah* should be performed with her - for her marriage is binding according to Scriptural law - and not with those whose marriage is binding only by virtue of a Rabbinic ordinance. entering into relations with one of them frees them all from their obligation.⁵¹

footnotes:
⁴⁷ See Hilchot Ishut
⁴⁸ As explained in Hilchot Ishut
⁴⁹ If, however, she marries, they would respect the limits of modesty and her husband would protect her (Yevamot
⁵⁰ If, however, one is a mentally capable woman past the age of majority, yibbum
⁵¹ For their marriage bonds all share the same status.


###### Mishneh Torah, Levirate Marriage and Release 5:24
[Mishneh Torah, Levirate Marriage and Release 5:24](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/5:24)

הָיְתָה אַחַת חֵרֶשֶׁת וְאַחַת קְטַנָּה אֵין בִּיאַת אַחַת מֵהֶן פּוֹטֶרֶת אֶת צָרָתָהּ. וְכֵיצַד תַּקָּנָתָן. מְלַמְּדִין הַקְּטַנָּה שֶׁתְּמָאֵן וְכוֹנֵס אֶת הַחֵרֶשֶׁת. וְאִם רָצָה לְגָרְשָׁהּ כּוֹתֵב לָהּ גֵּט אַחַר שֶׁיָּבוֹא עָלֶיהָ וְתֻתַּר לְזָר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If [by contrast, the deceased was married to] a deaf-mute and a minor, engaging in relations with one does not free the other of her obligation.⁵²
What is the alternative? The minor should be instructed to [nullify her marriage through] *mi'un*,⁵³ (*Hilchot Gerushin* 11:3).
The Ra'avad differs and maintains that a minor is permitted to free herself from an obligation to the *yavam* through *mi'un* only when this facilitates the establishment of a marriage bond that is binding according to Scriptural law. (See Halachah 30 and Chapter 7, Halachah 15.) In this instance, however, she is not given the privilege. Instead, she must wait until she attains majority and then perform *chalitzah*. The *Shulchan Aruch* (*Even HaEzer* 171:1) quotes the Rambam's view. and [a *yavam*] should marry the deaf-mute.⁵⁴. She must either perform *yibbum* or remain unmarried for the remainder of her life.
If the *yavam* performs *yibbum* with the minor, he may not perform *yibbum* with the deaf-mute, for he is permitted to perform *yibbum* only with one of his deceased brother's wives. If he desires to divorce her, he may write a *get* for her after they engage in relations.⁵⁵ may be given without the woman's consent, the divorce is binding (*Hilchot Gerushin* 10:23). She is then permitted [to marry] another man.

footnotes:
⁵² The marriage relationship of each one possesses an advantage over the other. The marriage with the minor, had it not been interrupted, could have blossomed into a marriage bond binding according to Scriptural law. On the other hand, there is an advantage to the marriage to the deaf-mute, because the minor had the option of ending her marriage at will, while that of the deaf-mute was binding. As evident from Halachot 27 and 28, the marriage to the minor is preferable.
⁵³ For just as she can dissolve her relationship with her husband while he is alive, she can nullify it afterwards, freeing herself from any obligation to the yavam
⁵⁴ Since the deaf-mute is not considered responsible for her actions, she cannot perform chalitzah
⁵⁵ The deaf-mute is not considered responsible for her actions. Nevertheless, since according to Scriptural and Talmudic law a get


###### Mishneh Torah, Levirate Marriage and Release 5:25
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הָיְתָה אַחַת פִּקַּחַת וְאַחַת חֵרֶשֶׁת בִּיאַת הַפִּקַּחַת אוֹ חֲלִיצָתָהּ פּוֹטֶרֶת הַחֵרֶשֶׁת. וְאֵין בִּיאַת הַחֵרֶשֶׁת פּוֹטֶרֶת הַפִּקַּחַת שֶׁאֵין קִדּוּשֶׁיהָ אֶלָּא מִדִּבְרֵיהֶן. וְכֵן גְּדוֹלָה וּקְטַנָּה בִּיאַת הַגְּדוֹלָה אוֹ חֲלִיצָתָהּ פּוֹטֶרֶת הַקְּטַנָּה וְאֵין בִּיאַת הַקְּטַנָּה פּוֹטֶרֶת אֶת הַגְּדוֹלָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If one [of the deceased's wives] was mentally competent, and one was a deaf-mute, engaging in relations with the mentally competent woman, or performing *chalitzah* with her frees the deaf-mute of her obligation. Engaging in relations with the deaf-mute, by contrast, does not free the mentally competent woman [from her obligation]. For the consecration of the deaf-mute is merely a Rabbinic institution.⁵⁶ with a woman who is consecrated only according to Rabbinic law does not free a woman who is consecrated according to Scriptural law from her obligation.
Similar [laws apply when one of the deceased wives was] above majority, and one was a minor. Engaging in relations with the woman past majority, or performing *chalitzah* with her frees the minor of her obligation. Engaging in relations with the minor, by contrast, does not free the woman past majority [from her obligation].

footnotes:
⁵⁶ And performing yibbum


###### Mishneh Torah, Levirate Marriage and Release 5:26
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הָיוּ שְׁתֵּיהֶן קְטַנּוֹת הָרְאוּיוֹת לְמָאֵן וּבָא הַיָּבָם עַל אַחַת מֵהֶן וְחָזַר וּבָא אוֹ הוּא אוֹ אָחִיו עַל הַשְּׁנִיָּה לֹא פָּסַל אֶת הָרִאשׁוֹנָה. אֲבָל מְלַמְּדִין אֶת הַשְּׁנִיָּה שֶׁתְּמָאֵן וִיקַיֵּם זֶה יְבִמְתּוֹ הַקְּטַנָּה שֶׁנִּבְעֲלָה תְּחִלָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply if] both [the deceased's wives] were minors who are entitled to absolve their marriages through *mi'un*. If the *yavam* engages in relations with one of them, and then he or one of his brothers engages in relations with the other, this does not disqualify the marriage to the first.⁵⁷ engages in relations with his *yevamah*, their relationship cannot be disqualified. Nevertheless, we should instruct [the second one] to dissolve her marriage through] *mi'un*.⁵⁸, her consecration is also binding. Nevertheless, it involves the violation of a positive commandment. Moreover, a *get* is required for nullifying this marriage, and she becomes forbidden to the priesthood. If, however, she dissolves her marriage through *mi'un*, a *get* is not required. He should then maintain [his marriage] with the minor *yevamah* with whom he engaged in relations first.

footnotes:
⁵⁷ For, as mentioned in Halachah 14, after a yavam
⁵⁸ If the second wife does not perform mi'un


###### Mishneh Torah, Levirate Marriage and Release 5:27
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וְכֵן הַדִּין בִּקְטַנָּה וְחֵרֶשֶׁת שֶׁבָּא הַיָּבָם תְּחִלָּה עַל הַקְּטַנָּה וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַחֵרֶשֶׁת לֹא פָּסַל אֶת הַקְּטַנָּה וְהַחֵרֶשֶׁת צְרִיכָה גֵּט. שֶׁבִּיאַת הַקְּטַנָּה מְעֻלָּה מִבִּיאַת הַחֵרֶשֶׁת. שֶׁהַקְּטַנָּה רְאוּיָה לְאַחַר זְמַן. לְפִיכָךְ יְקַיֵּם הַקְּטַנָּה שֶׁנִּבְעֲלָה תְּחִלָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Similar laws apply if [the deceased was married to] a minor and a deaf-mute. If the *yavam* first enters into relations with the minor, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the minor. The deaf-mute, however, must be divorced via a *get*.⁵⁹
[The rationale is that] the relations with the minor are considered superior to relations with the deaf-mute, for ultimately the minor will be fit [to enter into a marriage bond that is binding according to Scriptural law]. Therefore, he should maintain his relationship with the minor with whom he engaged in relations first.⁶⁰ (*Even HaEzer* 171:7) follows the Rambam's ruling.

footnotes:
⁵⁹ For relations with her are forbidden, and yet her consecration is binding.
⁶⁰ Although the Ra'avad differs with the Rambam and maintains that it is forbidden to remain married to the minor, the Shulchan Aruch


###### Mishneh Torah, Levirate Marriage and Release 5:28
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בָּא הַיָּבָם תְּחִלָּה עַל הַחֵרֶשֶׁת וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַקְּטַנָּה פָּסַל אֶת הַחֵרֶשֶׁת. וּמְלַמְּדִין הַקְּטַנָּה שֶׁתְּמָאֵן וְהַחֵרֶשֶׁת יוֹצְאָה בְּגֵט:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[In the above situation,] if the *yavam* first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the minor, this disqualifies the marriage to the deaf-mute.⁶¹ We should instruct the minor to dissolve her marriage through] *mi'un*;⁶² entered into relations with the deaf-mute first, he is not able to remain married to the minor. She should therefore dissolve her obligation to him through *mi'un*. The Sages preferred this option rather than having her wait until she attains majority and receives a *get* and *chalitzah*, because of the impression that the latter process might create (*Or Sameach*). Moreover, far fewer legal details are involved (*Kin'at Eliyahu*).
Note the *Tur* (*Even HaEzer* 171), which interprets the Ra'avad's comments on this halachah as implying that the *yavam* should remain married to the minor. The *Tur* does not accept this view. the deaf-mute must be divorced with a *get*.⁶³, it appears that there is no obligation for the deaf-mute to be divorced, for the minor has uprooted her connection to her deceased husband, and as such, the relations with her seemingly should not affect the status of the deaf-mute. Nevertheless, our Sages ruled that the deaf-mute must be divorced, as a penalty, because the *yavam* should have waited to engage in relations with her until the minor performed *mi'un* (*Or Sameach*).
The *Tur* (*loc. cit*) differs and maintains that the *yavam* may remain married to the deaf-mute. The *Shulchan Aruch* (*Even HaEzer* 171:8) quotes the Rambam's view, while the Ramah mentions that of the *Tur*.

footnotes:
⁶¹ For the marriage to the minor is preferable to that of the deaf-mute.
⁶² Since the yavam
⁶³ Once the minor has performed mi'un


###### Mishneh Torah, Levirate Marriage and Release 5:29
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הָיוּ אַחַת פִּקַּחַת וְאַחַת חֵרֶשֶׁת. בָּא הַיָּבָם עַל הַפִּקַּחַת וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַחֵרֶשֶׁת לֹא פָּסַל אֶת הַפִּקַּחַת וְהַחֵרֶשֶׁת צְרִיכָה גֵּט. בָּא הַיָּבָם עַל הַחֵרֶשֶׁת וְחָזַר הוּא אוֹ אָחִיו וּבָא עַל הַפִּקַּחַת פָּסַל אֶת הַחֵרֶשֶׁת. וְהַחֵרֶשֶׁת יוֹצְאָה בְּגֵט. וְהַפִּקַּחַת בְּגֵט וּבַחֲלִיצָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply if the deceased was married to] a mentally competent woman and a deaf-mute. If the *yavam* engaged in relations with the mentally competent woman, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the mentally competent woman.⁶⁴ marriage to the first *yevamah*. The deaf-mute, however, must be divorced via a *get*.⁶⁵
If the *yavam* first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the mentally competent woman, this disqualifies the marriage to the deaf-mute.⁶⁶ The deaf-mute must be divorced with a *get*, and the mentally competent woman should receive both a *get* and *chalitzah*.⁶⁷ to nullify the consecration brought about by the relations, and *chalitzah* to nullify her obligation to her *yavam*.

footnotes:
⁶⁴ For her marriage was established through "acceptable relations." Even if the other wife of the deceased was mentally competent, relations with her would not disqualify the yavam's
⁶⁵ Because the relations with her consecrated her. Nevertheless, continuing this marriage involves a prohibition.
⁶⁶ Since the marriage to the mentally competent woman is binding according to Scriptural law, it supersedes the marriage to the deaf-mute.
⁶⁷ She must be divorced, because the relations with the deaf-mute cause relations with her to be considered as "unacceptable relations." Therefore, she must receive a get


###### Mishneh Torah, Levirate Marriage and Release 5:30
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הָיוּ גְּדוֹלָה וּקְטַנָּה וּבָא עַל הַגְּדוֹלָה וְחָזַר הוּא אוֹ אָחִיו וּבָא עַל הַקְּטַנָּה לֹא פָּסַל הַגְּדוֹלָה וּמְלַמְּדִין אֶת הַקְּטַנָּה שֶׁתְּמָאֵן. בָּא עַל הַקְּטַנָּה וְחָזַר וּבָא הוּא אוֹ אָחִיו עַל הַגְּדוֹלָה. מְלַמְּדִין אֶת הַקְּטַנָּה שֶׁתְּמָאֵן וִיקַיֵּם הַגְּדוֹלָה שֶׁבְּעִילָתָהּ קוֹנָה קִנְיָן גָּמוּר:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply if the deceased was married to] a woman past the age of majority and one below the age of majority. [If the *yavam*] first enters into relations with the woman past majority, and then he or one of his brothers engages in relations with the minor, this does not disqualify the marriage to the woman past majority.⁶⁸ We should, however, instruct the minor to dissolve her marriage through *mi'un*.⁶⁹ entered into relations with the woman past majority first, he is not able to remain married to the minor. She should therefore dissolve her obligation to him through *mi'un*, rather than having her receive a *get*, because in this manner she is not disqualified from the priesthood.
If he first enters into relations with the minor, and then he or one of his brothers engages in relations with the woman past majority, we should instruct the minor to dissolve her marriage through *mi'un*,⁷⁰, and there is no prohibition against his remaining married to the woman past majority. This option is preferred so that the *yavam* will have performed an act of *yibbum* that is binding according to Scriptural law. and he should remain married to the woman past majority. [The rationale is that] relations with her establish a fully binding marriage bond.

footnotes:
⁶⁸ For these are "acceptable relations."
⁶⁹ Since the yavam
⁷⁰ In this way, the minor dissolves all connection to the yavam