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1) DOUBTFUL JEWS

(a) Others say, Nihar and its surrounding villages.
(b) Question: Which are its surrounding villages?
(c) Answer (Shmuel): the village of Moshchei, Chidki and Dumkiya.
(d) (R. Yochanan): (The lineage of all these places is Pasul (invalid).
(e) Version #1 (Rav Yehudah): When I said this in front of Shmuel, he said 'Your son that comes from a Bas Yisrael is called your son; your son that comes from a Nochris is not called your son, rather her son (and therefore, they are Nochrim, and we need not be concerned if they engage a Bas Yisrael).

1. Question: But there are daughters (and their descendants are Jewish)!

i. (Ravina): The son of your daughter, albeit his father is a Nochri, is called your son!

2. Answer: We have a tradition, girls of that generation (of the 10 tries) became sterile.

(f) Version #2 (Rav Yehudah): When I said this in front of Shmuel, he said 'They didn't move from there before they declared that they are Nochrim - "They betrayed Hash-m, they fathered foreign children."
(g) (Rav Yehudah): Yisrael will make a Yom Tov when Tarmod is destroyed.
(h) Question: But it was destroyed!
(i) Answer: No, Tamod was destroyed.
(j) (Rav Ashi): Tarmod and Tamod are the same; when one side was destroyed, the other side was settled, and vice-versa.

1. Ula: Rav Hamnuna is such a Chacham - it is a shame he is from a place of Herpanya (Pasul lineage).
2. Rav Hamnuna was embarrassed. Ula: Where do you pay your head tax?
3. Rav Hamnuna: To Fum Nahara.
4. Ula: If so, you are considered to be from there (And of proper lineage).

(k) Question: What is Herpanya?
(l) Answer #1 (R. Zeira): HaR (a mountain) that everyone (of bad lineage) PoNe (turns) to.
(m) Answer #2 (Beraisa): Anyone who doesn't know his family and tribe goes there.
(n) (Rava): It is deeper than Gehenom - "From the pit I will redeem them, from death" - but there is no remedy for the Pasul ones of Harpanya.
(o) The Pesulim of Herpanya came from the Pesulim of Meshan; the Pesulim of Meshan came from the Pesulim of Tarmod; the Pesulim of Tarmod came from the slaves of Shlomo.

1. This is as people say: Both big and small measures - all the Pesulim descend to Gehenom; from Gehenom to Tarmod; from Tarmod to Meshan; and from Meshan to Herpanya.

2) THE WIFE OF A BROTHER THAT DIED BEFORE THE YAVAM WAS BORN

(a) (Mishnah): What is the case of a wife of a brother that died before the Yavam was born?
(b) Reuven and Shimon are brothers; Reuven died, and a brother Levi was born. Then, Shimon did Yibum with Reuven's widow, and Reuven died.
(c) The first wife is exempt because her husband was not alive in the life of the Yavam; the second wife (of Shimon) is exempt she is her Tzarah.
(d) If Shimon only gave a Ma'amar to the widow, the second wife does Chalitzah but not Yibum.
(e) (Gemara - Rav Nachman): Both the text 'the first' and 'the second' are valid texts.

1. The text which calls her the first - she was the first to fall to Yibum.
2. The text which calls her the second - she was the second to marry (Shimon).
3. Question: Doesn't the Mishnah apply even if Shimon did Yibum before marrying his other wife?
4. Correction: Rather, the text which calls her the second, because this was her second marriage.

(f) Question: Where does the Torah speak about a Yavam that did not live at the time of his brother?
(g) Answer (Rav Yehudah): "When brothers will dwell together" - a common dwelling in the world; "together" - fitting to inherit each other, to exclude maternal brothers.

1. (Rabah): We learn that they must be paternal brothers from a Gezerah Shaveh "Achvah (brotherhood)- Achvah" from Yakov's sons.

i. Yakov's sons were paternal, but not maternal brothers; this is what is needed for Yibum.

2. Question: Why not learn from the Achvah written by Arayos?
3. Answer: It is better to learn Achim from Achim, and not from the word Achecha written by Arayos.
4. Question: Why not? Tana d'Vei R. Yishmael learns a Gezerah Shaveh between "Returns" and "comes"!
5. Answer: That is only when there are not more similar words; when there are more similar words, we learn from them.
6. Question: Why not learn from Achvah written by Lot?
7. Answer: It is better to learn from Bnei Yakov, since it is open to be expounded.

i. The Torah could have written "We are 12, the sons of one man" - "brothers" was written to learn the Gezerah Shaveh from.

(h) The Torah had to write "Achim", and it had to write "together".

1. If it only wrote "Achim", one would think to learn from Lot.

i. That word is open - it should have said, we are friends.
ii. Therefore, it says "together", to teach that the must inherit together.

2. If it only wrote "together", one would think that they must have the same mother and father.
3. Question: Why would one think so? Yibum is dependent on inheritance, which is from the father!
4. Answer: One would think, since Yibum is a special law - Ervah is permitted - one would think, they must be brothers even from the mother.

(a) (Rav Huna): A Yevamah that died, her Yavam may marry her mother.

1. He holds, there is no Zikah (we do not view a Yevamah as being partially married to the Yavam).
2. Question: Let him say, the law is as the opinion that says there is no Zikah!
3. Answer: If so, I would think that is only true when there is more than 1 Yavam - but when there is only

1 Yavam, there is Zikah!

4. Question: Let him say, the law is as the opinion that says there is no Zikah, even when there is 1 Yavam!
5. Answer: If so, I would think that is true even when she is alive.

i. Rather, we see that he only says his law after she dies.
ii. When she is alive, one may not marry her mother, because it is forbidden to uproot the Mitzvah of Yibum.

(b) (Mishnah): A Yevamah that died, the Yavam may marry her sister.

1. Suggestion: Only her sister, but not her mother!
2. Rejection: No, one may even marry her mother. Since the beginning of the Mishnah teaches, if a man's wife dies, he may marry her sister, the end of the Mishnah also deals with a sister.

i. The Torah prohibits a man to marry his wife's mother, even after she dies.

(c) (Rav Yehudah): A Yevamah that died, her Yavam may not marry her mother.

1. He holds, there is Zikah.
2. Question: Let him say, the law is as the opinion that says there is Zikah!
3. Answer #1: If so, I would think that is only true when there is only 1 Yavam - but when there is more than 1 Yavam, there is no Zikah!
4. Question: But the argument is when there is more than 1 Yavam!