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Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Yevamos 7

YEVAMOS 6, 7, 8, 9 (Chanukah) - dedicated by Uri Wolfson and Naftali Wilk in honor of Rav Mordechai Rabin of Har Nof, a true beacon of Torah and Chesed.

4) IS EXECUTION PERMITTED ON SHABBOS?

(a) Temple service is severe, it overrides Shabbos - and execution overrides Temple service.
1. "From my altar you will take him to die".
(b) If Shabbos is overridden for Temple service, all the more so for execution!
(c) Question: Why did the Tana say 'perhaps it does not override'?
(d) Answer: Burial of an unattended corpse disproves this Kal v'Chomer - it overrides Temple service, but not Shabbos!
(e) The Tana reconsidered to say that burial of an unattended corpse should override Shabbos from a Kal v'Chomer - since Temple service overrides Shabbos, and burial of an unattended corpse overrides Temple service (as learned from "To his sister").
(f) Therefore, the Torah had to say "Do not burn ..." to teach that execution does not override Shabbos.
(g) Question: According to what we first thought, that the Tana thought that execution overrides Shabbos just as an Aseh overrides a Lav, why did the Tana think that execution might not override Shabbos?
(h) Answer: He thought, we only see that an Aseh overrides a simple Lav, but not one which has Kares.
1. He later thought, an Aseh overrides a Lav even though a Lav is more severe - if so, even if it is much more severe (i.e. Kares)!
2. Therefore, we need "Do not burn ..." to prohibit execution on Shabbos.
(i) Answer #2 (To question 5:b Daf 3B): The Torah had to write Aleha, so we will not say that the prohibition of a brother's wife is something which was part of a general rule (prohibitions of incest), and a special law taught by it (it is permitted for Yibum) applies to all cases in the general rule.
1. (Beraisa): Something which was part of a general rule, and a special law was taught by it ... e.g. "An impure person that will eat Shelamim"
i. Shelamim is in the category of sacrifices. It was singled out to compare other cases to it - (that Kares is only for an impure person that eats) sacrifices, not for other Hekdesh things.
2. Here, also, one's brother's wife is one of the Arayos (incestuous relationships). It was singled out to be permitted (for Yibum; if not for Aleha, one would think that) all relatives are permitted (for Yibum).
(j) Objection: The comparison is improper! In the Beraisa, the general rule and particular case are both forbidden; here, the general case is forbidden, and the particular case is permitted!
(k) Correction: Rather, our case is a law which was part of a general rule, and was given a new law; it does not retain the other laws of the general rule unless the Torah specifically says so.
(l) (Beraisa): A law which was part of a general rule, and was given a new law - it does not retain the other laws of the general rule unless the Torah specifically says so;
(m) "He will slaughter the sheep in the place that Chatas and Olah are slaughtered ... Asham is as Chatas".
1. Question: Why must it say, Asham is as Chatas?
2. Answer: Since the Asham of a leper has a new law of putting its blood on his right thumb and toe, one might think that its blood and innards need not be put on the altar.
7b---------------------------------------7b

3. Therefore, "Asham is as Chatas" regarding putting its blood and innards on the altar.
4. If not for this verse, one would say that the blood is only put on the places mentioned (thumb and toe).
(n) Also in our case, a brother's wife was permitted, not other relatives.
(o) Answer #3 (To 5:b Daf 3B): Rather, we would think to learn by example of a brother's wife.
1. Just as a brother's wife does Yibum, so one's wife's sister.
(p) Question: This is no comparison - by a brother's wife, there is only one prohibition; by a sister's wife, there are 2!
(q) Answer: One would think, once there is permission, even more is allowed.
5) ONE LENIENCY CAUSES ANOTHER
(a) Question: What is the source to allow additional things?
(b) Answer (Beraisa): A leper whose 8th day (of purification) fell on Erev Pesach saw an emission that day and immersed.
1. Chachamim: Even though normally, one who was purified in a Mikvah may not enter the Temple until nightfall, this person may.
2. It is better that an Aseh (Korban Peach) punishable by Kares override an Aseh without Kares.
3. R. Yochanan: The Torah does not prohibit this even by an Aseh!
i. "Yehoshafat stood up ... in front of the new courtyard.
ii. R. Yochanan: It is called this because they made new laws; they said, one who became pure in a Mikvah may not enter the Levite encampment until nightfall.
4. (Ula): Since the Torah allowed him to enter parts of his body to become pure from his leprosy, he is also allowed to enter, even though he became pure today.
(c) Objection: This case is not similar to Ula's case!
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