POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 11
YEVAMOS 11 & 12 (2 & 3 Teves) - the Dafyomi study for the last day of
Chanukah and 3 Teves has been dedicated to the memory of Hagaon Rav Yisrael
Zev Gustman ZaTZaL (author of "Kuntresei Shiurim") and his wife (on her
Yahrzeit), by a student who merited to study under him.
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1) ENGAGING A WOMAN THAT DID CHALITZAH
1. This is difficult.
(b) Rav Ashi holds as Reish Lakish, and answered the question
according to R. Shimon; Ravina holds as R. Yochanan, and
answered the question as Chachamim.
(c) Answer #2 (Rav Ashi): One who did Chalitzah to a Yevamah,
and then engaged her, she needs Chalitzah from the
brothers.
1. Question: Which brothers?
2. Answer: Brothers that were born later, as R. Shimon.
3. If one of the existing brothers engaged her, she has
no claim on him, as Reish Lakish.
(d) Answer #3 (Ravina): One who did Chalitzah to a Yevamah,
and then engaged her, she needs Chalitzah from the
brothers.
1. Question: Which brothers?
2. Answer: Brothers that were already born, as R.
Yochanan.
3. If a brother born later engaged her, she has no
claim on him, as Chachamim.
(e) A man did Yibum, then a brother did Yibum on a Tzarah.
1. Rav Acha and Ravina argued. One said that the second
marriage is forbidden with Kares; the other said, it
is only Chaivei Asei.
2. The opinion that says there is Kares holds as Reish
Lakish; the opinion that it is only an Asei holds as
R. Yochanan.
2) THE TZARAH OF A SOTAH
(a) (Rav): The Tzarah of a Sotah is forbidden - she is called
impure, as Arayos.
(b) Question (Rav Chisda - Mishnah): R. Shimon says,
relations or Chalitzah from a brother exempts her Tzarah.
(c) Answer: Rav spoke of a Sotah D'oraisa (according to Torah
law), the Mishnah speaks of a Rabbinic Sotah.
1. Question: The answer is obvious, why did Rav Chisda
ask?
2. Answer: He holds, Rabbinic enactments are made
similar to Torah law.
(d) Question (Rav Ashi - Mishnah): If she was in seclusion
with him long enough to have relations, she is forbidden
to her husband and forbidden to eat Trumah; if her
husband dies, she does Chalitzah but not Yibum.
11b---------------------------------------11b
(e) Answer: Rav spoke of a Sotah that definitely had
relations, the Mishnah speaks of a doubtful case.
1. Question: What is different about a definite Sotah -
because she is called impure?
i. Impurity is also written by a doubtful Sotah!
ii. (Beraisa - R. Yosi Ben Kipar): A man divorced
his wife and remarried her after she married
someone else - he is forbidden to her; if she
was engaged to someone else, he is permitted -
"After she became impure";
iii. Chachamim say, both are forbidden; "After she
became impure" refers to a Sotah that was in
seclusion.
iv. 'Seclusion' means that she had relations; a
euphemistic language was used.
v. Question: If there were relations, impurity is
explicitly written - "She was in seclusion, and
became impure"!
vi. Answer: "After she became impure" teaches that
there is a Lav.
2. R. Yosi Ben Kipar holds that there is no Lav by a
Sotah, even if she had relations.
i. This is because "engagement" and "marriage" are
written by her.
3) ONE WHO REMARRIES HIS EX-WIFE
(a) Question (Rav Chisda): A man divorced his wife and
remarried her after she was married; he died. What is the
law of her Tzarah?
(b) Version #1: According to R. Yosi Ben Kipar, there is no
question - since impurity is written by one who remarries
his wife, the law of her Tzarah is as her law (she may
not do Yibum).
1. Even though it says, *she* is an abomination - this
only comes to exclude that her children are not
abominations, but her Tzarah is also an abomination.
2. The question is according to Chachamim.
i. Even though they say, "impurity" written by
remarrying one's divorced wife refers to a
Sotah - the simple meaning of the verse is not
uprooted.
ii. Or perhaps, once it is uprooted, it is entirely
uprooted.
(c) Version #2: According to Chachamim, there is no question
- once the verse is uprooted, it is entirely uprooted.
1. The question is according to R. Yosi Ben Kipar.
2. Even though impurity is written by one who remarries
his wife, the Torah says, *she* is an abomination -
but her Tzarah is not an abomination.
3. Or perhaps, she is an abomination, but her children
are not abominations - but her Tzarah is also an
abomination.
(d) Answer (Rav Sheshes - Mishnah): If one widow was
Kesherah, and the other Pesulah - if he does Chalitzah,
he does it with the Pesulah; if he does Yibum, he does it
with the Kesherah.
1. Question: What is meant by Kesherah and Pesulah?
2. Suggestion #1: If they mean permitted and forbidden
to everyone (Kohanim) - since she is fitting to him,
what difference does it make to him?
3. Suggestion #2: Rather, it means permitted and
forbidden to him - and the forbidden one is his
ex-wife, and the Mishnah says that he may do Yibum
with the Tzarah!
4. Rejection: Really, they mean permitted and forbidden
to Kohanim.
i. Even though it makes no difference to him - Rav
Yosef taught, one should not spill out water
which others could use (he should not do
Chalitzah to the widow permitted to Kohanim,
since this would forbid her to Kohanim).
(e) (Beraisa): One who remarries his ex-wife after she
married, she and her Tzarah do Chalitzah.
(f) Question: This cannot be!
1. Suggestion: It must mean, she or her Tzarah do
Chalitzah.
2. Rejection: Since the Beraisa must be corrected, in
can be corrected thusly: she may only do Chalitzah,
her Tzarah may do Chalitzah or Yibum.
(g) Version #1 - Question (R. Yochanan): One who remarries
his ex-wife after she married - what is the law of her
Tzarah?
(h) R. Ami: Why don't you ask her own law?
(i) R. Yochanan: Her own law is clear from a Kal v'Chomer.
1. She became forbidden to the one she was permitted to
(her husband), all the moreso she is forbidden to
the one she was forbidden to (her husband's
brother).
2. The question is by her Tzarah.
i. Is the Kal v'Chomer strong enough to forbid the
Tzarah, or not?
(j) Version #2, according to Rav Nachman.
(k) Question (R. Yochanan): One who remarries his ex-wife
after she married - what is her law?
(l) R. Ami: Why don't you ask the law of her Tzarah?
(m) R. Yochanan: Her Tzarah's law is clear - the Kal v'Chomer
is not strong enough to forbid the Tzarah.
i. The question is by her; is the Kal v'Chomer
strong enough to block the Mitzvah of Yibum, or
not?
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