(Devarim 25:6) "And it shall be, the first-born that she bears shall be invested in the name of his dead brother": I might think that if his (the dead brother's) name were Yossi, he (the child) should be called Yossi, or (if his name were) Yochanan, the child should be called Yochanan; it is, therefore, written "in the name of his (the yavam's) dead brother" and not "in the name of the dead brother of his (the child's) father." [(The "first-born," then, in this instance, is an epithet for the yavam.)] If so, why is it written "the first-born" (instead of "the yavam")? To indicate that it is a mitzvah for the oldest brother to perform the yibum.
(The yavam) "shall be invested in the name of his dead brother": for inheritance (i.e., he receives his dead brother's share as well as his own.) It is written here "in the name of his brother," and, elsewhere (Bereshith 48:6) "in the name of their brothers (Ephraim and Menasheh) shall they be called in (taking) their inheritance." Just as there, the reference is to taking inheritance, so, here.
"his dead brother": Because it is stated elsewhere that the wife of one undergoes yibum and not the wife of two, whence do I derive that if the first brother died, the second performs yibum; if the second died, the third performs yibum? From (the repetition of) "dead" (verse 5) - "dead" (here).
(Ibid. 7) "And if the man shall not desire to take his yevamah": and not "if the L-rd shall not desire her.": (From this) I would exclude (from chalitzah [yibum release]) those arayoth which are liable to judicial death penalties, but I would not exclude those which are liable (only) to kareth; it is, therefore, written "He does not desire to have me in yibum," and not "the L-rd does not desire her."
"to take his yevamah": What is the intent of this? (Why not just "to take her"?) Because it is written (6) "and it shall be the bechor that she shall bear," I might think to exclude (from chalitzah) a woman who can no longer bear, and an old woman, and (the tzarah of) a woman incapable of conception, and a minor who is not yet able to bear; it is, therefore, written (here, twice) "his yevamah," "his yevamah" to include (the above as requiring chalitzah).
"then his yevamah shall go up to the gate (of beth-din) and to the elders": It is a mitzvah for the beth-din to preside in the heights of the city and to be composed of elders."
"My yavam does not desire to invest for his brother a name in Israel": R. Yehudah says: It is written here "name," and elsewhere (in connection with the daughters of Tzelafchad, Bamidbar 27:4) "name." Just as "name" there refers to seed, so, "name" here — to exclude (from chalitzah) a castrate, who, even if he wanted to perpetuate a "name" for his brother, could not.
"in Israel": and not among converts — whence it was ruled: Two brothers, converts, whose conception was not in holiness and whose birth was in holiness, are exempt from chalitzah and from yibum, it being written "in Israel," and not among converts.
(דברים כה ו) וְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד, יָכוֹל אִם הָיָה שְׁמוֹ יוֹסֵי יִקָּרֵא שְׁמוֹ יוֹסֵי, הָיָה שְׁמוֹ יוֹחָנָן יִקָּרֵא שְׁמוֹ יוֹחָנָן? תַּלְמוּד לוֹמַר: יָקוּם עַל שֵׁם אָחִיו מִכָּל מָקוֹם. אִם כֵּן לָמָּה נֶאֱמַר וְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד? מְלַמֵּד שֶׁמִּצְוָה בַּגָּדוֹל לְיַבֵּם.
(Devarim 25:6) "And it shall be, the first-born that she bears shall be invested in the name of his dead brother": I might think that if his (the dead brother's) name were Yossi, he (the child) should be called Yossi, or (if his name were) Yochanan, the child should be called Yochanan; it is, therefore, written "in the name of his (the yavam's) dead brother" and not "in the name of the dead brother of his (the child's) father." [(The "first-born," then, in this instance, is an epithet for the yavam.)] If so, why is it written "the first-born" (instead of "the yavam")? To indicate that it is a mitzvah for the oldest brother to perform the yibum.
אֲשֶׁר תֵּלֵד, פְּרָט לְאַיְלוֹנִית שֶׁאֵינָהּ רְאוּיָה לֵילֵד.
"that she bears": to exclude (from yibum) a woman who cannot bear.
יָקוּם עַל שֵׁם אָחִיו, וְלֹא עַל שֵׁם אֲחִי אָבִיו.
(The yavam) "shall be invested in the name of his dead brother": for inheritance (i.e., he receives his dead brother's share as well as his own.) It is written here "in the name of his brother," and, elsewhere (Bereshith 48:6) "in the name of their brothers (Ephraim and Menasheh) shall they be called in (taking) their inheritance." Just as there, the reference is to taking inheritance, so, here.
הַמֵּת, לְפִי שֶׁאָמַרְנוּ לְהַלָּן אֵשֶׁת אֶחָד מִתְיַבֶּמֶת וְלֹא אֵשֶׁת שְׁנַיִם, מִנַּיִן מֵת רִאשׁוֹן יְיַבֵּם שֵׁנִי, מֵת שֵׁנִי יְיַבֵּם שְׁלִישִׁי, תַּלְמוּד לוֹמַר: הַמֵּת הַמֵּת רִבָּה.
"his dead brother": Because it is stated elsewhere that the wife of one undergoes yibum and not the wife of two, whence do I derive that if the first brother died, the second performs yibum; if the second died, the third performs yibum? From (the repetition of) "dead" (verse 5) - "dead" (here).
וְלֹא יִמָּחֶה שְׁמוֹ מִיִּשְׂרָאֵל, פְּרָט לְסָרִיס שֶׁכְּבָר שְׁמוֹ מָחוּי.
"and his name will not be wiped out in Israel": to exclude (from yibum) the wife of one who is impotent, whose name is already "wiped out."
(דברים כה ז) וְאִם לֹא יַחְפֹּץ הָאִישׁ, וְלֹא שֶׁלֹּא חָפֵץ בָּהּ הַמָּקוֹם. מוֹצִיא אֲנִי אֶת הָעֲרָיוֹת שֶׁחַיָּבִים עֲלֵיהֶן מִיתַת בֵּית דִּין, וַעֲדַיִן לֹא אוֹצִיא עֲרָיוֹת שֶׁחַיָּבִים עֲלֵיהֶן כָּרֵת בִּידֵי שָׁמַיִם. תַּלְמוּד לוֹמַר: מֵאֵן יְבָמִי, וְלֹא שֶׁמֵּאֵן בָּהּ הַמָּקוֹם. מוֹצִיא אֲנִי אֶת הָעֲרָיוֹת שֶׁחַיָּבִים עֲלֵיהֶן כָּרֵת בִּידֵי שָׁמַיִם, וַעֲדַיִן לֹא אוֹצִיא אֶת הָעֲרָיוֹת שֶׁהֵן בְּלֹא תַעֲשֶׂה. תַּלְמוּד לוֹמַר: לֹא אָבָה יַבְּמִי, וְלֹא שֶׁלֹּא אָבָה בָּהּ הַמָּקוֹם.
(Ibid. 7) "And if the man shall not desire to take his yevamah": and not "if the L-rd shall not desire her.": (From this) I would exclude (from chalitzah [yibum release]) those arayoth which are liable to judicial death penalties, but I would not exclude those which are liable (only) to kareth; it is, therefore, written "He does not desire to have me in yibum," and not "the L-rd does not desire her."
לָקַחַת אֶת יְבִמְתּוֹ, מָה אֲנִי צָרִיךְ? מִפְּנֵי שֶׁנֶּאֱמַר ״וְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד״, יָכוֹל שֶׁאֲנִי מוֹצִיא עֲקָרָה וּזְקֵנָה וּקְטַנָּה שֶׁאֵינָן רְאוּיוֹת לֵילֵד, תַּלְמוּד לוֹמַר: יְבִמְתּוֹ יְבִמְתּוֹ רִבָּה.
"to take his yevamah": What is the intent of this? (Why not just "to take her"?) Because it is written (6) "and it shall be the bechor that she shall bear," I might think to exclude (from chalitzah) a woman who can no longer bear, and an old woman, and (the tzarah of) a woman incapable of conception, and a minor who is not yet able to bear; it is, therefore, written (here, twice) "his yevamah," "his yevamah" to include (the above as requiring chalitzah).
וְעָלְתָה יְבִמְתּוֹ הַשַּׁעְרָה, מִצְוָה בְּבֵית דִּין שֶׁיְּהֵא בַּגָּבוֹהַּ שֶׁבָּעִיר וְשֶׁיְּהֵא בִּזְקֵנִים.
"then his yevamah shall go up to the gate (of beth-din) and to the elders": It is a mitzvah for the beth-din to preside in the heights of the city and to be composed of elders."
מֵאֵן יְבָמִי, וְלֹא שֶׁמֵּאֵן בָּהּ הַמָּקוֹם. לְהָקִים לְאָחִיו, פְּרָט לְסָרִיס שֶׁאִם רָצָה לְהָקִים אֵינוֹ יָכוֹל. שֵׁם, רַבִּי יְהוּדָה אוֹמֵר: נֶאֱמַר כָּאן שֵׁם וְנֶאֱמַר לְהַלָּן שֵׁם, מַה שֵּׁם הָאָמוּר לְהַלָּן נַחֲלָה אַף שֵׁם הָאָמוּר כָּאן נַחֲלָה, וּמַה שֵּׁם הָאָמוּר כָּאן זֶרַע אַף שֵׁם הָאָמוּר לְהַלָּן זֶרַע.
"My yavam does not desire to invest for his brother a name in Israel": R. Yehudah says: It is written here "name," and elsewhere (in connection with the daughters of Tzelafchad, Bamidbar 27:4) "name." Just as "name" there refers to seed, so, "name" here — to exclude (from chalitzah) a castrate, who, even if he wanted to perpetuate a "name" for his brother, could not.
בְּיִשְׂרָאֵל, וְלֹא בְּגֵרִים. מִכָּן אַתָּה אוֹמֵר: שְׁנֵי אַחִים גֵּרִים שֶׁהָיְתָה הוֹרָתָם שֶׁלֹּא בִּקְדֻשָּׁה וְלֵידָתָם בִּקְדֻשָּׁה, פְּטוּרִים מִן הַחֲלִיצָה וּמִן הַיִּבּוּם, שֶׁנֶּאֱמַר: בְּיִשְׂרָאֵל וְלֹא בְּגֵרִים.
"in Israel": and not among converts — whence it was ruled: Two brothers, converts, whose conception was not in holiness and whose birth was in holiness, are exempt from chalitzah and from yibum, it being written "in Israel," and not among converts.
לֹא אָבָה יַבְּמִי, וְלֹא שֶׁלֹּא אָבָה בָהּ הַמָּקוֹם.
"My yavam does not desire," and not "the L-rd does not desire" (by reason of arayoth).