Study Yevamot folio 39B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
There are those who say that the dispute is more limited: When there is the possibility of consummating the levirate marriage, everyone agrees that the consummation of the levirate marriage by a younger brother is preferable to the ḥalitza of the eldest brother. When they disagree it is with regard
And this is how the dispute was stated: R' Yoḥanan and R' Yehoshua ben Levi disagree with regard to a case in which there is choice between the ḥalitza of a younger brother or the ḥalitza of the eldest brother. One said: The ḥalitza of the eldest brother is preferable. And the other one said: The
The Talmud explains: With regard to the one who said that the ḥalitza of the eldest brother is preferable, this is due to the fact that the mitzva of levirate marriage and ḥalitza is incumbent upon the eldest brother. And the other Sage would respond to this claim by saying that when we say that th
The Talmud suggests a proof for the first opinion: We learned in the Mishnah: If the younger brothers do not want to consummate the levirate marriage, the court returns to the eldest brother and demands that he at least perform ḥalitza. The Talmud suggests: What, is it not that the other brothers di
The Talmud rejects the proof: No, the Mishnah might concern a case where the other brothers did not want either to perform ḥalitza or to consummate the levirate marriage, and it is only because they are unwilling to do either that the court returns to the eldest brother. The Talmud asks: If this i