Yevamot 51: Strength of the Levirate Bond

Abaye challenges Rabban Gamliel's notion of the levirate bond.  The rabbis debate about whether or not that bond is strong enough to acquire a woman fully - and at what point in time; before or after which other rituals.  They use example of one yevam and multiple yevamot; multiple yevamin and only one yevama.  They wonder about whether or not the relatives of rival wives are forbidden to the yevam if he only divorces one yevama, if he divorces all yevamot, if he has intercourse with one yevama after having divorced her already...  Many, many scenarios are introduced and discussed.

The underlying question for our rabbis regards the strength of the levirate bond.  Does the yevama belong to her yavam completely simply because he is her yavam?  Is intercourse or chalitza a full requirement?  Or would a get, a bill of divorce, have an effect on her status?  Is she betrothed to the yevam from the moment that her husband dies childless?  Or must he complete an action, which could include intercourse, to demonstrate that she belongs to him?

One of the examples that the rabbis use to explain this concept is quite disturbing.  If a boy who is nine years old and one day is a yavam and has intercourse with his yevama, and his brother, also nine years and one day, has intercourse with her as well, is the second intercourse invalid?  In a note, we learn that the true question here has to do with acquisition.   Minor boys may or may not have the status to acquire a wife (or any other property, to put this into context).  Under the age of nine, boys are said to be incapable of intercourse.  After the age of nine, they can have intercourse but cannot fully, legally acquire a wife.  

Again, we see the rabbis discussing both women and minor children as property.  The acts ascribed to the boys in this case are certainly considered to be abusive according to today's understandings of child development and care.  Yet there is no acknowledgement of the psychological, physical, emotional or other impacts that these acts might have on these young boys.  Though their arguments might be theoretical, the halachot that arises from these arguments affect the lives of real people.  To picture boys in this scenario does not seem to concern our rabbis at all.