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Yevamos 32

YEVAMOS 32 (23 Teves) - l'Iluy Nishmas Nachum ben Shlomo Dovid Mosenkis, by his son, Sid Mosenkis of Queens, NY.

1) [line 5] MA'AMARO (MA'AMAR YEVAMIM)
(a) If a married man dies childless, his widow may not marry whomever she pleases. She first must undergo Yibum (levirate marriage, that is, she must marry her dead husband's brother), as the Torah states in Devarim 25:5-10. The only way to perform Yibum mentioned in the Torah is through marital relations with her. Giving her money (Kidushei Kesef) or a document (Kidushei Shtar) does not achieve marital ties between them as it does with a woman who is not a Yevamah (GEMARA Kidushin 4b). As RASHI writes (Yevamos 52a DH Nasan), it is impossible to effect Kidushin with one's brother's wife because Kidushin do not "take hold" ("Einam Tofsin") on an Ervah (see Insights to Yevamos 20:3).
(b) However, Chazal did enact a process called "Ma'amar" for a Yevamah, in which the Yavam can "effect Kidushin" with his Yevamah in a manner equivalent to Kidushei Kesef or Shtar in normal Kidushin. They decreed that a Yavam should make "Kidushei Ma'amar" before he has relations with her for the sake of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a). Kidushei Ma'amar are like an introduction to the act of Yibum. If the Yavam decides not to go through with the Mitzvah of Yibum, he must give the Yevamah a Get to remove the status of Ma'amar. (The Gemara discusses whether this "Kidushin" is exactly similar to normal Kidushin, and may not be performed against the will of the woman, or if it is slightly similar to the Mitzvah of Yibum, and therefore may be preformed against her will -- Yevamos 19b).
(c) Since Ma'amar does not effect a full acquisition of the Yevamah as the wife of the Yavam as does Yibum, the bond of Zikas Yibum between them still exists. Therefore, if the Yavam wishes to divorce the Yevamah after Ma'amar, a Get (bill of divorce) is not enough; he must perform Chalitzah in order to render her free to marry whomever she pleases, besides divorcing her with a Get. Thus, if the Yavam wants to "divorce" the Ba'alas ha'Ma'amar before Yibum, he must both give her a Get and perform Chalitzah.
(d) According to the conclusion of the Gemara (Yevamos 29b, as understood by most of the Rishonim), Beis Shamai disagrees with what has been presented above, and rules that Ma'amar effects a full acquisition of the Yevamah *mid'Oraisa*, not only mid'Rabanan. According to some Amora'im, Beis Shamai even rules that if the Yavam wants to divorce the Yevamah after Ma'mar, a Get is enough and Chalitzah is not required (ibid.). [However, RASHI (Yevamos 29b DH Hashta) explains that even according to Beis Shamai, Ma'amar is only mid'Rabanan, see Insights ibid.] Other Tana'im are in doubt as to whether Ma'amar effects an marriage to the Yevamah mid'Oraisa or only mid'Rabanan (Rebbi Shimon, Yevamos 18b).

2) [line 6] BA'ALAS HA'GET (GET YEVAMIM)
(a) Just as Chazal enacted Kidushei Ma'amar for a Yevamah, so, too, they enacted a Get Yevamim.
(b) If one of the surviving brothers performed Kidushei Ma'amar with the Yevamah and then he decides to release her from the Zikas Yevamim through Chalitzah, he must give her a Get Yevamim besides the Chalitzah.
(c) If the Yavam gives a Get to the Yevamah without first having performed Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with her, and he must perform Chalitzah.

3) [line 8] MAI D'AVAD BAH, SHAKLEI - the Ma'amar that he performed with her, he removed

4) [line 13] HASAM D'LO MIDACHYA ME'HAI BEISA L'GAMREI - there (30a, 3rd Mishnah), where the Yevamah is not entirely dismissed (lit. pushed away) from her husband's house (since the third brother who is not married to one of the sisters was required to perform Yibum or Chalitzah with her after the first Nefilah, i.e. the death of the first brother)

5) [line 27] MITLA TALI V'KAI - is hanging, hovering

6) [line 29] ISUR CHAL AL ISUR
(a) An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this rule that are debated by the Tana'im (Chulin 101a):

1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.
2. Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can *never* become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

7) [line 32] NIDON B'ZIKAH HA'RISHONAH HA'BA'AH ALAV - he is sentenced to the [punishment for the] first obligation that came upon him (which he transgressed)

32b---------------------------------------32b

8) [line 1] ISUR MOSIF
See above, entry #6:3

9) [line 5] MIGO D'ITSAR B'CHULHU ACHVASA - since all of his wife's sisters become forbidden to him (because of Achos Ishto), [the sister who is married to his brother also becomes forbidden because of Achos Ishto]

10) [line 6] ISUR KOLEL
See above, entry #6:2

11a) [line 10] L'KOVRO BEIN RESHA'IM GEMURIM - to bury him together with very wicked people, i.e. with those who had been put to death by Sekilah and Sereifah

b) [line 11] RESHA'IM GEMURIM (ARBA MISOS BEIS DIN)
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

1. Sekilah (stoning)
2. Sereifah (burning with molten lead, which is poured down the throat)
3. Hereg (killing with a sword) (Sefer ha'Chinuch #50)
4. Chenek (strangulation) (Sefer ha'Chinuch #47)
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.
(c) If a person commits two capital offences, he is put to death with the more stringent of the two. If a number of people were sentenced to die through different death penalties, and it is not know which sentence was passed upon which person, Beis Din administers to all of them the least stringent of the death penalties to which they were sentenced.
(d) Chazal instituted a practice of burying people who were sentenced to capital punishment in two different cemeteries: one for those who were put to death by Sekilah and Sereifah and one for those who were put to death by Hereg and Chenek.

*12*) [line 12] SHE'SHIMESH B'SHABBOS - that is, in the service of a Korban Tzibur
13) [line 14] HA'AVODAH - I swear (by the service of the Beis ha'Mikdash)
*14*) [line 22] SHE'SHIMESH B'TUM'AH - that is, in the service of a Korban Tzibur

15) [line 33] MELIKAH
(a) Birds that were brought as Korbanos were not slaughtered from the neck. Instead, the Kohen performed Melikah by cutting the back of the neck of the bird with his right thumbnail, making sure to cut both Simanim (the trachea and the esophagus) of the Olas ha'Of or one Siman (either one) of the Chatas ha'Of. When performing Melikah on the Chatas ha'Of he would make sure not to sever the entire neck of the bird.
(b) The Kohanim ate the meat of the Korban Chatas. If Melikah is done to a bird that is not a Korban, the bird becomes a Nevelah and is forbidden to eat.

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