Yevamot

MISHNAH. IF A MAN DIVORCED HIS WIFE AND REMARRIED HER, SHE IS PERMITTED TO MARRY THE LEVIR;  R. ELEAZAR  HOWEVER, FORBIDS.  SIMILARLY, IF A MAN DIVORCED AN ORPHAN  AND REMARRIED HER,  SHE IS PERMITTED TO MARRY THE LEVIR;  R. ELEAZAR, HOWEVER, FORBIDS. IF A MINOR WAS GIVEN IN MARRIAGE BY HER FATHER AND WAS DIVORCED,  [SO THAT SHE IS REGARDED] AS AN 'ORPHAN' IN HER FATHER'S LIFETIME,  AND THEN HER HUSBAND REMARRIED HER,  ALL AGREE THAT SHE IS FORBIDDEN TO MARRY THE LEVIR. GEMARA. 'Efa stated: What is R. Eleazar's reason?  Because there was a period when she was forbidden to him.  Said the Rabbis to 'Efa: If so, halizah also should not be required!  And should you reply that the law is so indeed; surely [it may be pointed out] it was taught: In the name of R. Eleazar it was stated that she does perform halizah! — In truth, said 'Efa, the reason of R. Eleazar is unknown to me. Abaye said, This is the reason of R. Eleazar:  He was in doubt whether it was death  that subjects [the widow to the levirate marriage] or whether it was the marriage that preceded it  that subjects her to it. If it is death that subjects her to it, she should be subject to the  levirate marriage; and if it is the marriage preceding it  that subjects her to it, then there was a period when she was forbidden to him. Raba said: It was in fact obvious to R. Eleazar that it is death  that subjects [the widow to the levirate marriage], but while all well know of the divorce, not all are aware of the remarriage.  On the contrary! Remarriage gets noised abroad since the woman dwells with him! — Do we not, however, deal here [even with such a case as] where he remarried her in the evening and died in the morning? R. Ashi said, This is the reason of R. Eleazar:  He forbade [the levirate marriage of] these  as a preventive measure against the remarriage of an 'orphan' [minor] in her father's lifetime.  This  may also be logically supported; for in the final clause it was stated, IF A MINOR WAS GIVEN IN MARRIAGE BY HER FATHER AND SHE WAS DIVORCED [SO THAT SHE IS REGARDED] AS AN 'ORPHAN' IN HER FATHER'S LIFETIME, AND THEN REMARRIED HER HUSBAND, ALL AGREE THAT SHE IS FORBIDDEN TO MARRY THE LEVIR. Now what [need was there] to state [this when it is so] obvious!  Consequently it must be  this that was taught: R. Eleazar's reason  is because he forbade [the levirate marriages of] those as a preventive measure against [the levirate marriage of] this one. Thus our case has been proved. It was taught in agreement with R. Ashi: The Sages agree with R. Eleazar in respect of a minor whom her father had given in marriage and who was divorced [so that she is regarded] as an 'orphan' in her father's lifetime, and who then remarried [her husband], that she is forbidden to [contract the levirate marriage with] the levir, because her divorce was a perfectly legal divorce, whereas her remarriage was not a perfectly legal remarriage. This,  however, applies only where he  divorced her while she was a minor  and remarried her while she was still a minor;  but if he  divorced her while she was a minor and remarried her when she was of age, and also if he remarried her while she was still a minor and she became of age while she was with him, and then he died,  she may either perform halizah or contract the levirate marriage.  In the name of R. Eleazar, however, it was stated: She must perform halizah but may not contract the levirate marriage. Raba enquired of R. Nahman: What is [the law  in respect of] her  rival?  — The other replied: [The prohibition against] herself is a preventive measure;  shall we then go so far  as to enact a preventive measure  against a preventive measure?  But, surely, it was taught: It was stated in the name of R. Eleazar, 'She and her rival perform halizah'; Now can it possibly be imagined that she and her rival [are to perform halizah]? Consequently it must mean,  'either she or her rival performs halizah'!  — Are you not [in any case obliged to] offer an explanation?  Explain, then,  as follows: She performs halizah while her rival may either perform halizah or contract the levirate marriage. MISHNAH. WHERE TWO BROTHERS WERE MARRIED TO TWO SISTERS WHO WERE MINORS  AND ORPHANS,  AND THE HUSBAND OF ONE OF THEM DIED,  [THE WIDOW]  IS FREE  AS BEING [THE LEVIR'S] WIFE'S SISTER. SIMILARLY IN THE CASE OF TWO DEAF  [SISTERS ONE OF WHOM WAS] OF AGE AND [THE OTHER] A MINOR, IF THE HUSBAND OF THE MINOR DIED, THE MINOR IS FREE  AS BEING [THE LEVIR'S] WIFE'S SISTER. IF THE HUSBAND OF THE ELDER SISTER DIED, THE MINOR IS TO BE INSTRUCTED, R. ELIEZER  STATED, TO EXERCISE HER RIGHT OF MI'UN AGAINST HIM.  R. GAMALIEL SAID: IF SHE  EXERCISED HER RIGHT OF MI'UN WELL AND GOOD;  BUT IF [SHE DID] NOT, LET HER WAIT  UNTIL SHE IS OF AGE  WHEN THE OTHER BECOMES FREE  AS BEING [THE LEVIR'S] WIFE'S SISTER. R. JOSHUA SAID: WOE TO HIM  BECAUSE OF HIS WIFE AND WOE TO HIM BECAUSE OF HIS BROTHER'S WIFE! HE MUST ALLOW HIS WIFE TO GO  BY [GIVING HER] A LETTER OF DIVORCE,  AND HIS BROTHER'S WIFE  BY [SUBMITTING TO HER] HALIZAH. GEMARA. But is this is permitted?  Surely. Bar Kappara taught: A man should always cling to three things and keep away from three things. 'A man should cling to the following three things': Halizah, the making of peace and the annulment of vows; 'and keep away from three things': — From mi'un, from [receiving] deposits and from acting as surety!  Mi'un [involving the fulfilment] of a commandment  is different. [Reverting to our] previous text, 'Bar Kappara taught: A man should always cling to three things … Halizah', in accordance with [a statement of] Abba Saul. For it was taught: Abba Saul said, 'If [a levir] married his sister-in-law on account of her beauty, or in order to gratify his sexual desires 'or with any other ulterior motive, it is as if he has infringed [the law of] incest; and I am even inclined to think that the child [from such a union] is a bastard'. 'The making of peace', for it is written, Seek peace and pursue it