Study Kiddushin folio 52A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
האחד חולץ לשתיהן, והשנים – אחד חולץ ואחד מיבם. אם קדמו וכנסו – אין מוציאין אותן מידם.
the one brother performs ḥalitza with both of them, and of the two brothers, one performs ḥalitza with one of the sisters and one, if he so desires, performs levirate marriage with the other sister. If they married the widows before consulting the court, the court does not remove them from the marriage, and they are permitted to remain married.
The Talmud explains the novelty of the latter clause: This is effective specifically if one of the two brothers first performs ḥalitza and afterward the other brother performs levirate marriage, but if one of the two brothers first performs levirate marriage and afterward the other brother performs ḥalitza, the levirate marriage would not take effect, as he is possibly encountering a yevama getting married to a member of the public. This is because it is possible that the woman he married was not his yevama but someone else’s yevama, and until the other man’s brother performs ḥalitza with her it is still prohibited for her to marry other men.
תא שמע, דתני טביומי: לזה חמשה בנים ולזה חמשה בנות, ואמר: ״אחת מבנותיך מקודשת לאחד מבני״ – כל אחת ואחת צריכה חמשה גיטין. מת אחד מהם – כל אחת ואחת צריכה ארבעה גיטין, וחליצה מאחד מהן.
The Talmud derives a proof: Come and hear, as the Sage Tavyumei taught the following baraita: If this man had 5 sons and that man had 5 daughters, and the first man said: One of your daughters is betrothed to one of my sons, each and every one of the daughters requires 5 bills of divorce, one from each of the sons, due to the uncertainty of who is betrothed to whom. If one of the sons died before giving his bill of divorce, each and every one of the daughters requires 4 bills of divorce, one from each of the surviving brothers, and ḥalitza from one of them, in case she was betrothed to the deceased son. The ḥalitza of one of the brothers suffices to release her from her levirate bond. According to Rava this betrothal should not be valid, as it is not given to consummation. Why, then, do they each require bills of divorce?