Ask A Question on the daf

Previous daf

1) THE REASON OF R. SHIMON

(a) Here too, we should say that she still has the status of a Yevamah, and Chalitzah should be required!
(b) "He will take her as a wife" - once he takes her, she is as his wife in all respects.
(c) Question: But the Torah also wrote "And he will do Yibum" - (she still has the status of a Yevamah)"!

1. Why do we prefer to learn from the verse that says she is as his wife?
2. Answer: It is reasonable to apply the leniency (to divorce her without Chalitzah) to the permitted case (regular Yibum), and the prohibition to the forbidden case (the wife of a brother that died before the Yavam was born).

(d) R. Shimon says, since he entered the world when she was permitted, she remains permitted.
(e) Question: Shimon is born after his maternal sister married Shimon's paternal brother; the brother dies - R. Shimon should also say that he may do Yibum, since he found her permitted?!
(f) Answer: No - the prohibition of a maternal sister is there!
(g) Question: R. Shimon should likewise say, the prohibition of the wife of a brother that died before the Yavam was born is there!
(h) Answer: That prohibition is sometimes lifted; a maternal sister is never permitted.

(a) (Mishnah): The general rule is: any prohibition of Ervah does neither Yibum nor Chalitzah;
(b) A prohibition of Mitzvah or Kedushah does Chalitzah but not Yibum;

1. A prohibition of Mitzvah - Sheniyos (Rabbinically forbidden relations); a prohibition of Kedushah - a widow to a Kohen Gadol, a woman that was divorced or did Chalitzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, a Bas Yisrael to a Nasin or Mamzer;

(c) Her sister that is her Yevamah, does Chalitzah or Yibum.
(d) (Gemara) Question: 'A general rule' - what does this come to include?
(e) Version #1 - Answer (Rafram Bar Papa): The Tzarah of an Ailonis, as Rav Asi holds.
(f) Version #2: Prohibitions of Ervah - this is when the Tzarah is forbidden - in other cases, the Tzarah is permitted!

1. Question: What does this come to exclude?
2. Answer (Rafram Bar Papa): The Tzarah of an Ailonis - unlike Rav Asi.

(g) (Mishnah): Her sister that is her Yevamah ...
(h) Question: Whose sister?
(i) Suggestion: If the sister of prohibitions of Mitzvah - D'oraisa, they fall to Yibum - this is the sister of his Yevamah (and he may not marry her)!
(j) Rather, the sister of Ervah.
(k) (Mishnah): Prohibitions of Mitzvah - Sheniyos.

1. Question: Why are these called prohibitions of Mitzvah?
2. Answer (Abaye): It is a Mitzvah to obey the commands of Chachamim.

(l) (Mishnah): Prohibitions of Kedushah - a widow to a Kohen Gadol ...

1. Question: Why are these called prohibitions of Kedushah?
2. Answer: The Torah says, "They will be holy" ...

(m) (Beraisa): R. Yehudah learns oppositely prohibitions of Mitzvah are a widow to a Kohen Gadol ...

1. Question: Why are these called prohibitions of Mitzvah?
2. Answer: "These are the Mitzvos".

(n) Prohibitions of Kedushah - Sheniyos.

1. Question: Why are these called prohibitions of Kedushah?
2. Answer #1(Abaye): One who fulfills Rabbinic commandments is called holy.
3. Objection (Rava): One who does not keep Rabbinic commandments - he is just not called holy - is he not called evil?!
4. Answer #2 (Rava): Sanctify yourselves (by prohibiting) what is permitted to you.

(a) (Mishnah): A widow to a Kohen Gadol.
(b) We do not distinguish if she was widowed from engagement or marriage.

1. We understand, if widowed from marriage, she is forbidden with a Lav and an Aseh, and an Asei (Yibum) does not override them.

(c) Question: If widowed from engagement - she is only forbidden by a Lav - the Asei should override this (Yibum should be allowed)!
(d) Answer #1 (Rav Gidal): His Yevamah will ascend to the gate" - "His Yevamah" is extra, to teach that there is a Yevamah that does Chalitzah but not Yibum - Chayavei Lavin.

1. Question: Why not say, Chayavei Kerisus?
2. Answer: "If he does not want" - if he did want, he could do Yibum - anyone that can do Yibum, does Chalitzah (if not Yibum); - anyone that cannot do Yibum, does not do Chalitzah.
3. Question: If so the same should apply to Chayavei Lavin!
4. Answer: The Torah included these for Chalitzah - "His Yevamah".
5. Question: What do you see (to apply the inclusion for Chayavei Lavin and not Chayavei Kerisus)?

6. Answer: It is more reasonable to include Chayavei Lavin, since engagement takes effect by them, but not by Chayavei Kerisus.
7. Question (Rava): Prohibitions of Mitzvah or Kedushah, if he did Yibum or Chalitzah, the Tzarah is exempted.

i. If the Torah says that Chayavei Lavin do Chalitzah but not Yibum, why is the Tzarah exempted by Yibum?

8. Answer (Rava): The two clauses are said in different cases.

i. Yibum exempts the Tzarah - by prohibitions of Mitzvah.
ii. Chalitzah exempts the Tzarah - by prohibitions of Kedushah.

9. Question (Rava - Beraisa): A Petzu'a Daka or Krus Shafchah or eunuch (castrated men, who are forbidden to marry) or a man too old to have children - they do Chalitzah or Yibum;
10. If one of these died - if a brother gave a Ma'amar, a document of divorce, or Chalitzah, it takes effect; if he did Yibum, he acquires her;
11. If a brother died, and one of these gave a Ma'amar, a document of divorce, or Chalitzah, it takes effect; if he did Yibum, he acquires her, but they may not remain married - "A Petzu'a Daka will not marry ...".

i. If D'oraisa, Chayavei Lavin do Chalitzah but not Yibum - why does he acquire her through Yibum?

(e) Answer #2 (Rava): A widow from engagement is also prohibited by an Asei and a Lav - the Asei is "They (Kohanim) will be holy".

1. Question: This does not answer for Mamzeres or Nesinah!
2. Answer: They have the Asei "You will sanctify yourselves".
3. Objection: If so - every Lav in the Torah is also an Asei!

(f) Answer #3 (Rava): Chachamim decreed that a widow from engagement should not do Yibum, on account of a widow from marriage.

1. Question: This does not answer for Mamzeres or Nesinah!
2. Answer: Chachamim decreed that they should not do Yibum, lest one marry them when there is no Mitzvah of Yibum.
3. Objection: If so, we should decree that the wife of a paternal brother should not do Yibum, lest one do Yibum on the wife of a maternal brother!
4. Answer: People will not confuse these cases, they know that Yibum depends on inheritance.
5. Objection: We should say that the wife of a brother that died after the Yavam was born should not do Yibum, on account of the wife of a brother that died before the Yavam was born!
6. Answer: Answer: People will not confuse these cases, they know that Yibum depends on dwelling together in the world.
7. Objection: All women should not do Yibum, on account of an Ailonis!
8. Answer: An Ailonis is uncommon, we do not decree on account of her.
9. Objection: Mamzeres and Nesinah are also uncommon!

(g) Answer #4 (Rava): We decreed not to do Yibum, lest he have a 2nd act of relations with her (which is forbidden).

1. Support (Beraisa): If they did Yibum - he acquires her with the 1st act of relations, and may not have further relations.

(h) Retraction (Rava): My answer is wrong - Reish Lakish taught, an Asei only overrides a Lav if both cannot be fulfilled.

1. Here, both can be fulfilled through Chalitzah!

(i) Question (Beraisa): If they did Yibum, he acquires her - refutation!
(j) A Kohen Gadol does Yibum with a widow. R. Yochanan and R. Elazar argued.

1. One says that the Tzarah is exempted, one says that she is not.