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Mishnayos Yevamos Perek 3 Mishnah 3

יבמות פרק ג׳ משנה ג׳

3

If one of those women was forbidden to this one brother due to a prohibition against forbidden relations and the second woman was forbidden to that second brother due to a prohibition against forbidden relations, then she who is forbidden to this brother is permitted to that brother, and she who is forbidden to that brother is permitted to this one. And this is the case that was referred to when they said: When her sister is also her yevama, i.e., in a case where two sisters are also yevamot and therefore happened for levirate marriage before two brothers, she either performs ḥalitza or enters into levirate marriage. This must be referring to a case where each sister is forbidden to one of the brothers due to a prohibition concerning forbidden relatives. In this case, each sister has a levirate bond only with the one brother to whom she is permitted, and the prohibition against marrying the sister of a woman with whom one has a levirate bond does not apply. Therefore, each brother can either perform the act of ḥalitza or consummate the levirate marriage with the sister to whom he is not related.

הָיְתָה אַחַת מֵהֶן אֲסוּרָה עַל זֶה אִסּוּר עֶרְוָה, וְהַשְּׁנִיָּה אֲסוּרָה עַל זֶה אִסּוּר עֶרְוָה, הָאֲסוּרָה לָזֶה מֻתֶּרֶת לָזֶה, וְהָאֲסוּרָה לָזֶה מֻתֶּרֶת לָזֶה. וְזוֹ הִיא שֶׁאָמְרוּ, אֲחוֹתָהּ כְּשֶׁהִיא יְבִמְתָּהּ, אוֹ חוֹלֶצֶת אוֹ מִתְיַבֶּמֶת:

ג׳
Bartenura

אחותו כשהיא יבמתו – her sister of a woman forbidden to a man on account of consanguinity, when she is his sister-in-law, the wife of her husband’s brother when she falls [with her] for levirate marriage.

או חולצת או מתיבמת – for she is not the sister of his levirate relation for there is no prohibition on account of consanguinity is not lying before him (see also Tractate Yevamot, Chapter 2, Mishnah 3).

אחותה כשהיא יבמתה. אחותה של ערוה כשהיא יבמתה אשת אחי בעלה, כשנופלת עמה ליבום:

או חולצת או מתיבמת. דלאו אחות זקוקתו, היא דערוה לא רמיא קמיה: