משנה: שׁוֹמֶרֶת יָבָם בֵּין לְיָבָם אֶחָד בֵּין לִשְׁנֵי יְבָמִים רִבִּי אֱלִיעֶזֶר אוֹמֵר יָפֵר. רִבִּי יְהוֹשֻׁעַ אוֹמֵר לְאֶחָד אֲבָל לֹא לִשְׁנַיִם. רִבִּי עֲקִיבָה אוֹמֵר לֹא לְאֶחָד וְלֹא לִשְׁנַיִם. MISHNAH: If a woman was waiting for her levir⁴⁸She is a widow whose husband died without issue; she waits to be married to her husband’s brother; cf. Yevamot 4:3:1" href="/Jerusalem_Talmud_Yevamot.4.3.1">Yebamot 4:3, Note 84. The Mishnah must speak about an underage girl who became a widow after a preliminary marriage only, and who still is under her father’s jurisdiction. The question is only whether the levir may dissolve her vows in conjuction with the father, since for a woman who is emancipated from her father, either by coming of age or by final marriage, the husband can dissolve only vows made after the final marriage act., whether it be one or two, Rebbi Eliezer says, he shall dissolve⁴⁹All the ceremonies involved in a levirate marriage are rabbinical; by biblical law the childless sister-in-law is married only by actual intercourse (Yevamot 2:1:3" href="/Jerusalem_Talmud_Yevamot.2.1.3">Yebamot 2:12, Note 12; Nedarim 6:1:2-7" href="/Jerusalem_Talmud_Nedarim.6.1.2-7">6:1). The rabbinic equivalent of the preliminary marriage is called “bespeaking” (Yevamot 2:1:1" href="/Jerusalem_Talmud_Yevamot.2.1.1">Yebamot 2:1, Note 6). The legal power of “bespeaking” is a matter of controversy but it is certain that adultery with a “bespoken” woman is not a capital crime. While under the obligation to marry a levir, the widow by biblical law is unable to contract a valid marriage with any other man (Yevamot 1:1:21" href="/Jerusalem_Talmud_Yevamot.1.1.21">Yebamot 1:1, Note 94.) For R. Eliezer, the latter fact gives any levir the status of a husband in matters of vows.. Rebbi Joshua says, for one but not for two⁵⁰R. Joshua gives the right of the preliminary husband only to a single levir, even after “bespeaking”. Cf. Nedarim.74a">Babli, 74a.. Rebbi Aqiba says, neither for one nor for two⁵¹His position is explained in the following Mishnah..

הלכה: שׁוֹמֶרֶת יָבָם כול׳. עַל דַּעְתֵּיהּ דְּרִבִּי עֲקִיבָה מֵיפֵר לָהּ. וְהֵן דָּמַר רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. אֲפִילוּ קִידּוּשֵׁי מֵאָה תוֹפְשִׂין בָּהּ. מִי מֵיפֵר לָהּ. וַיי דָּמַר רִבִּי יַעֲקֹב בְּשֵׁם רִבִּי יוֹחָנָן. מְייַעֲדָהּ לִבְנוֹ קָטָן. מִי מֵיפֵר לָהּ. וַיי דָּמַר רִבִּי יַעֲקֹב בַּר אָחָא בְשֵׁם רִבִּי יוֹחָנָן וְרִבִּי הִילָא בְשֵׁם רִבִּי לָֽעְזָר. אֲפִילוּ אָשָׁם תָּלוּי אֵין לָהּ. מִי מֵיפֵר לָהּ. HALAKHAH: “If a woman was waiting for her levir,” etc. Following Rebbi Aqiba⁵⁸For whom the right of dissolution depends on his relationship with the woman defining adultery, can the husband dissolve in questionable cases? The answers, which are not given, are obviously “no”., who can dissolve? For example, what Rebbi Abbahu said in the name of Rebbi Joḥanan, even a hundred qiddušin are valid for her⁵⁹Kiddushin.60a">Babli Qiddušin 60a; Yevamot 3:4:3" href="/Jerusalem_Talmud_Yevamot.3.4.3">Yerushalmi Yebamot 3:4 (Notes 102–104), Nedarim 5:3:3" href="/Jerusalem_Talmud_Nedarim.5.3.3">5:1 (Note 35); Kiddushin 3:1:2-13" href="/Jerusalem_Talmud_Kiddushin.3.1.2-13">Qiddušin 3:1, (63c 1. 71). A man gives something of value to a woman to serve as qiddušin money for a preliminary marriage in a month’s time. If other men also give her deferred qiddušin, they all might end up preliminarily married to her and none of them can marry her. In that case, she is not bound to any one by marriage in the sense of R. Aqiba., who dissolves? And what Rebbi Jacob⁶⁰In the source of this statement, Qiddus̄in 1:2, 59c 1. 8, one reads: “R. Joḥanan said.” Since there is no R. Jacob without father’s name among the students of R. Joḥanan (there are R. Jacob bar Aḥa and R. Jacob bar Idi), the name has to be considered a scribal error. said in the name of Rebbi Joḥanan, he can allot her to his underage son⁶¹This refers to the Hebrew slave girl (Exodus.21.7-11">Ex. 21:7–11), about a situation intrinsically connected to the Jubilee year which became void with the exile of the Ten Tribes. The verse gives the master the right to marry the girl by considering the price he paid for her as qiddušin money, or to give her to his son as wife without additional expenditure. If the son is a minor, she becomes his wife by biblical decree, But the wife of a minor cannot be prosecuted for adultery [Sifra Qedošim Pereq 9(11)]. Can the underage husband, biblically married to his underage wife, dissolve her vows?, who dissolves? And what Rebbi Jacob bar Aḥa sind in the name of Rebbi Joḥanan, she does not even need a reparation offering for a possible sin⁶²The wife of a deaf-mute or of an insane person (at the time of marriage) is not married by biblical standards and cannot commit adultery. Yevamot.113a">Yebamot, Babli 113a, Yerushalmi 14:1 Note 7. (The rules of reparation offerings for possible sins are in Leviticus.5.17-19">Lev. 5:17–19)., who dissolves?