Yevamot 26: Differences Between Women and Men; Details of Chalitza

The rabbis interpret the new Mishna based on social realities of their times.  The Mishna teaches that women who were judged by Sages are allowed to marry those Sages - or their close relatives - as long as the Sage's wife has died.  Further, if a woman was prohibited from marrying certain men due to suspicions that led to divorce, and she then married and subsequently divorced or was widowed from another man, she is then permitted to marry that formerly prohibited man.  Basically our rabbis are teaching us that we do not want to even allow the impression of adultery; however, given the passage of time and lessening of suspicions, people should not be restricted from marriage to those they desire.

The Gemara continues to examine this Mishna, focusing on justifying its lenient stance on remarriage.  One of their arguments tells us that women slept over at other women's homes but men slept in their own homes. Further, women were less strict than men regarding adultery, as women knew that taking another wife was legally allowed.  Men, however, knew that lying with a married woman would prohibit that woman from being with her husband.  

These commentaries teach us as much about the social practices of the time as they teach us about halacha.  

We begin Perek III with another new Mishna.  It teaches about the case of four brothers, two of whom married two sisters and then died, leaving them childless.  The levirate bond that exists between each brother and sister precludes them from marrying, due to the forbidden sexual relationships between brothers and their wives' sisters (the levirate bond serves as a reminder of the sexual bond between the brothers and both women).  Thus the women must perform chalitza; if they married before consulting the court, they must divorce.

Another case discusses three sisters who become yevamot after their husbands, three brothers, die.  The Gemara looks at whether or not yibum is permitted and whether or not chalitza is valid.  Chalitza would be invalid unless at least one of the brothers performs chalitza with all three sisters.  

These discussions question the significance of yibum.  Is the levirate bond substantial in these cases? What do we learn about the nature of the levirate bond from these cases?  Clearly our learning is just beginning...