Study Kiddushin folio 44A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
If a minor girl was widowed after her betrothal, a surviving brother of her betrothed can perform levirate betrothal only with the consent of her father. And in the case of a young woman, he can do so either with her consent [mida’at atzmah] or with the consent of her father, unlike the halakha wi
Rather, if it was stated, it was stated like this: R' Yosei, son of R' Ḥanina, says: What is the reason of R' Yoḥanan, in accordance with the opinion of the Rabbis? With regard to betrothal, which takes effect only with the consent of the one who accepts the betrothal, her father can accept it but
The Talmud asks: But isn’t levirate betrothal valid only with her consent, like other betrothals, and yet it teaches in the baraita that either she or her father can accept it? The Talmud answers: There it is referring to levirate betrothal that is performed against her will, and it is in accordanc
The Talmud clarifies: What is the reason of R' Yehuda HaNasi? He derives the halakha of levirate betrothal from the halakha of sex that a yavam engages in with a yevama: Just as sex with the yevama renders her acquired even if it is done against her will, so too here, in the case of levirate betrot
The Talmud clarifies: With regard to what do they disagree? R' Yehuda HaNasi holds that one should derive matters involving a yevama from other matters involving a yevama, and the marriage between a yevama and a yavam can be formalized against her will. And the Rabbis hold that one should derive ma