Yevamot 109A

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Text Excerpt

but R' Elazar prohibits this. Likewise, with regard to one who divorces an orphaned minor girl whose mother and brothers married her off and remarries her and subsequently dies, she is permitted to the yavam in levirate marriage, and R' Elazar prohibits it. A minor girl whose father married her off

Talmud: The Sage Eifa said: What is the reasoning of R' Elazar, who prohibits a man from entering into levirate marriage with a woman whom his brother had divorced and remarried? It is because she was forbidden to him at one time; when the first brother divorced her, she became forbidden to the s

And if you would say: Indeed, R' Elazar also exempts her from ḥalitza, isn’t it taught in a baraita: It was said in the name of R' Elazar that she performs ḥalitza? Rather, Eifa said: I do not know the reason for the opinion of R' Elazar.

Abaye said: This is the reasoning of R' Elazar: He is uncertain whether the death of the husband determines that she is a candidate for levirate marriage, or whether the original marriage determines it. In other words, he is uncertain as to whether the obligation to perform levirate marriage is esta

Rava said: Actually, it is obvious to R' Elazar that death determines that she is a candidate for levirate marriage. However, everyone is well informed with regard to divorces. Everyone knows that the woman was divorced, while not everyone is well informed with regard to remarriage, and they do no