Sunday, November 2, 2014
Yevamos 30
The Gemara says that if a man was married to an Ervah to his brother and a regular woman and Safeik divorce the Ervah, when he dies the regular woman is exempt from Yibum. Since the Ervah has a Chazuka that she's married to the brother, her Tzara has a Chazaka that she's exempt from Yibum.
Tosfos points out that even if the Safeik divorce happened before he married the other woman, where I might say that she was never definitely married along with the Ervah so she never had a Chazuka to be a Tzuras Ervah, yet she's exempt from Yibum. Since the Ervah has a Chazuka that she's married to the brother, therefore we extend that Chazuka to her that we consider her a TZuras Ervah.
Rabbi Chaim Smulowitz
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