Yevamos 23b

יבמות כ״ג ע״ב

Yevamot 23b

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Topic

Uncertain קידושין between two sisters: when גט, חליצה and יבום are required, and why each clause of the משנה is needed

Overview

This amud deals with a man who betrothed one of two sisters but does not know which one. Since a man may not be married to two sisters, he must give a גט to both. If he dies, his brothers face the same doubt about יבום. With one brother, that brother does חליצה with both sisters. With two brothers, one does חליצה and then the other may do יבום. The משנה then works through two men who each betrothed one of two sisters, with different numbers of brothers on each side. The גמרא first tries to prove that קידושין that can never lead to living together still count. It rejects the proof: the sisters were known at first and only mixed up later, as the wording 'he does not know' shows. It then explains why each clause of the משנה is needed: the order of חליצה before יבום, and the decrees the rabbis chose not to make. The amud ends by comparing our case to a משנה of four brothers married to two sisters, and the difference between them is explained on the next amud.

Opening lines

The steps (25)

1. StatementOne man betrothed one of two sisters and does not know which
2. StatementHe died leaving one brother
3. StatementHe died leaving two brothers
4. StatementTwo men betrothed two sisters and neither knows which
5. StatementBoth men died, each leaving one brother
6. StatementOne man left one brother and the other left two
7. StatementEach man left two brothers
8. StatementIf two brothers did חליצה first, the other two may not both do יבום
9. ProofA proof that a betrothal that can never lead to marriage still counts
10. RejectionThe sisters were known at first and only mixed up later
11. ProofThe משנה's wording supports the mixed-up-later reading
12. ChallengeThen what is the first clause teaching us
13. ResolutionThe first clause sets up the last clause: חליצה before יבום
14. ProofQuoting the משנה of two men and two sisters and drawing a proof
15. RejectionThe sisters were known at first and mixed up later
16. ProofThe wording 'he does not know' supports the rejection
17. ChallengeThen what is this clause teaching?
18. ResolutionThe first clause is there for the later clause about the brothers
19. ChallengeBut the brothers' rule is the same as the earlier case
20. ResolutionNo גזירה forbidding two brothers because of one
21. Statementחליצה must come first, or he may marry another man's יבמה
22. ChallengeWhy teach the case where each man has two brothers?
23. ResolutionNo decree against יבום in case it is done before חליצה
24. ChallengeWhy is this different from four brothers married to two sisters?
25. RejectionThe two cases cannot be compared