Talmud zu Schemot 21:9

A brother²²Of the master of the maidservant. must not betroth her. [This had to be mentioned] because it might have been argued: Seeing that the son who does not take the place of his father to act as levir may betroth her, does it not stand to reason that one who takes the place of his brother to act as levir should betroth her! Hence [the Torah] states, And if he espouse her unto his son,²³Ex. 21, 9. thus excluding the brother.

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 her⁵⁹Babli Qiddušin 60a; Yerushalmi Yebamot 3:4 (Notes 102–104), 5:1 (Note 35); 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 (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. Yebamot, Babli 113a, Yerushalmi 14:1 Note 7. (The rules of reparation offerings for possible sins are in Lev. 5:17–19)., who dissolves?

¹⁷⁸This Halakhah is copied from Qiddushin 1:2, fol. 59b/c which has a better and more complete text.“How is that? [A male] nine years and one day old.” “If he allots her to his son.¹⁷⁹Ex. 21:9, speaking about a minor girl sold by her father as a slave with the understanding that her price would count as betrothal gift in case the owner would desire to marry her or would give her to his son. In that case, the betrothal is called “allotment”. If she is not married, she regains her freedom by reaching adulthood at 12 years of age.” He allots her to his son but may not allot her to the brothers¹⁸⁰The argument is reproduced in Mekhilta deR. Ismael, Masekhta dinziqin 3, Mekhilta deR. Simeon ben Ioḥai Chap. 21 (p. 167); Babli Qiddushin 17b.. He should be able to allot her to the brothers by an argument de minore ad majus! If he may allot her to his son who may not take his place for ḥalîṣah and levirate, should it not be logical that he may allot her to his brother who may take his place for ḥalîṣah and levirate¹⁸¹The Babli rejects this argument by noting that levirate presumes the absence of a son.? The verse says, “if he allots her to his son.” He allots her [to his son] but may not allot her to the brothers. No. If you would accept the son since he will take [the father’s] place in a field of inheritance¹⁸²The family estate going back to the distribution of land under Joshua, for which the succession is determined by the rules of Num. 27:6–11., what can you say about his brother who will not take his place in a field of inheritance? Would it be reasonable that he may allot her to him? The verse says, “if he allots her to his son.” He allots her to his son but may not allot her to the brothers.