The Mishnah
יבמות ב׳Yevamot 2
Perek 2 of 16 in Yevamot — 10 mishnayot
Mishnah 1א׳
כֵּיצַד אֵשֶׁת אָחִיו שֶׁלֹּא הָיָה בְעוֹלָמוֹ. שְׁנֵי אַחִים, וּמֵת אֶחָד מֵהֶם, וְנוֹלַד לָהֶן אָח, וְאַחַר כָּךְ יִבֵּם הַשֵּׁנִי אֶת אֵשֶׁת אָחִיו, וָמֵת, הָרִאשׁוֹנָה יוֹצֵאת מִשּׁוּם אֵשֶׁת אָחִיו שֶׁלֹּא הָיָה בְעוֹלָמוֹ, וְהַשְּׁנִיָּה מִשּׁוּם צָרָתָהּ. עָשָׂה בָהּ מַאֲמָר וָמֵת, הַשְּׁנִיָּה חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת:
How does "the wife of his brother who was not in his world" [exempt her tzarah]? If there were two brothers and one of them died, and a brother was born to them, [to whom she was yibum-linked, but to whom (the third brother) she is forbidden by reason of "the wife of his brother who was not in his world"], and afterwards the second brother [who had a wife of his own] took his brother's wife in yibum, and he died [without children] — then the first woman [the wife of the first who had already fallen before him once (for yibum)] goes out (i.e., she is not taken in yibum) by reason of "the wife of his brother who was not in his world"; and the second (goes out) by virtue of being her tzarah. If he (the second) made a ma'amar in her (the first brother's wife) and he died [i.e., if he betrothed her with money. With a yevamah, money-betrothal is not bona fide betrothal, but obtains only by ordinance of the scribes. For a yevamah is not acquired by the yavam to be considered a married woman until he lives with her; and in this instance he had not lived with her before he died.], the second wife receives chalitzah [ and she is not exempt by reason of tzarath ervah, because she is not actually her tzarah], and she is not taken in yibum [because ma'amar acquires to a certain extent, and she is tzarath ervah to a certain extent. And wherever bona fide betrothal does not obtain, she receives chalitzah and is not taken yibum.]
Mishnah 2ב׳
שְׁנֵי אַחִים וּמֵת אֶחָד מֵהֶן, וְיִבֵּם הַשֵּׁנִי אֶת אֵשֶׁת אָחִיו, וְאַחַר כָּךְ נוֹלַד לָהֶן אָח, וָמֵת, הָרִאשׁוֹנָה יוֹצֵאת מִשּׁוּם אֵשֶׁת אָחִיו שֶׁלֹּא הָיָה בְעוֹלָמוֹ, וְהַשְּׁנִיָּה מִשּׁוּם צָרָתָהּ. עָשָׂה בָהּ מַאֲמָר, וָמֵת, הַשְּׁנִיָּה חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. רַבִּי שִׁמְעוֹן אוֹמֵר, מְיַבֵּם לְאֵיזוֹ מֵהֶן שֶׁיִּרְצֶה, אוֹ חוֹלֵץ לְאֵיזוֹ מֵהֶן שֶׁיִּרְצֶה:
If there were two brothers and one of them died, and the second took his brother's wife in yibum, and then a brother were born, and then he [the second brother] died — the first woman goes out by reason of "the wife of his brother who was not in his world," and the second by reason of being her tzarah. If he made a ma'amar in her and he died, the second receives chalitzah, and she is not taken in yibum. R. Shimon says: He can take either one in yibum or give chalitzah to either one. [And she exempts the other thereby. This does not relate to "If he made a ma'amar in her," but to the first part, viz.: "The first one goes out, etc." R. Shimon holds that since when he was born she had already been taken in yibum, and had never had a yibum linkage to him (the one who was born later) from the first brother, she is permitted to him. The halachah is not in accordance with R. Shimon.]
Mishnah, Torat Emet 357 edition, via Sefaria — public domain
English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY