Today’s daf TB Yevamot can make your head spin. Shmuel says something that the Gemara tries explaining in three different ways. “Shmuel said: in the case of three brothers, two of whom were married to several women, including two sisters, and the two married brothers later died, and their wives happened before the yavam for levirate marriage, if the yavam performed ḥalitza with the sisters who were among the wives, the rival wives are not thereby exempt. One can deduce from here that since the yavam cannot consummate the levirate marriage with the sisters, as each is the sister of a woman with whom he has a levirate bond, then the act of ḥalitza is invalid (what the Gemara calls a halitza pesula,חֲלִיצָה פְּסוּלָה ), and invalid ḥalitza is ineffective in exempting their rival wives. It is concluded from here that even Shmuel requires valid ḥalitza, i.e., ḥalitza that occurs when there is a possibility of consummating the levirate marriage. According to this rationale, however, Shmuel’s ruling in the above case is difficult: With regard to the second sister, when there exists the possibility for Shimon’s ḥalitza, i.e., the ḥalitza of the second brother who did not yet perform ḥalitza, to be a valid ḥalitza, would it be allowed for Reuven, the brother who already did ḥalitza with one sister, to perform invalid ḥalitza with her?” (Sefaria.org half translation)
Answer #1: Shmuel does not hold the principle of zikah, זִיקָה, the levirate bond is not substantial and does not consider the widow with her dead husband’s brother to be quasi-married. More problems arise with this solution that it solves.
Answer #2: The outcome all depends which halitza takes place. The zikah of the cowives is not as strong as a real prohibited marriage, an ’erva ערוה. Consequently if a man performs the ceremony of halitza to a co-wife, this halitza is an excellent one which frees the sisters to marry whomever they wish. However if he does halitza to the sisters first, it is a halitza pesula (a deficient one), the cowives are not freed to marry whomever they wish until the man performs the ceremony of halitza with them. This solution also has a problem. From all appearances Shmuel looks like he supports Beit Shammai’s position and that seems incredible.
Answer #3: Shmuel holds like Beit Shammai, but accepts Rabbi Yoḥanan ben Nuri’s compromise. “The ruling is in accordance with the opinion of Rabbi Yoḥanan ben Nuri, who said: Come and let us establish a ruling that the rival wives must perform ḥalitza and may not enter into levirate marriage, thereby circumventing the dispute between Beit Shammai and Beit Hillel. Although Beit Shammai permitted the rival wives to perform levirate betrothal, they should perform ḥalitza instead in order to conform to Beit Hillel’s opinion as well. The Gemara objects: But didn’t the Master say that they did not succeed in finalizing the matter and establishing Rabbi Yoḥanan ben Nuri’s amendment before the times of trouble came in the form of the anti-Jewish decrees, and so this ruling was never actually established? Rav Naḥman bar Yitzḥak said: After his time, other Sages returned to this issue and established this amendment in accordance with his opinion.” (Sefaria.org translation)\
This is an extraordinary difficult daf that deserves to be reviewed over
and over again.
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