Tosfos says that R' Yehusha that argues (and says that anytime there is more than one Yuvam no one can annul her oath) holds even if one gave Maamer, since the other brother can ruin it for him by giving a Get or having relations with her, the Yevama is not confident that he'll eventually marrying her, so she doesn't make her oath on condition that the Yuvam consents.
R' Akiva (that holds that a Yuvam never can annul an oath) we don't necessary have to explain him like Rashi, that he holds there is no Zika so he's a complete stranger to her since there is no connection. We can says there is really a connection (Zika.) However, since the connection is a lot weaker than an actual wife (as proof, we see that if someone else has relations with the Yevama there is no death penalty) therefore he's not enough of a husband that the Parsha of Hafaras Nedarim should apply to him
Rabbi Chaim Smulowitz
If you ever though that Tosfos was beyond you. Think again. A few more free copies of Gemara and Tosfos: Sukka 2a-11a is still available
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If you ever though that Tosfos was beyond you. Think again. A few more free copies of Gemara and Tosfos: Sukka 2a-11a is still available
at
tosfos.ecwid.com