POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 30
YEVAMOS 29 & 30 - sponsored by Hagaon Rav Yosef Pearlman of London, a living
demonstration of the love and adoration of the Torah.
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1) ZIKAH BY 2 BROTHERS
(a) (Mishnah): 3 brothers, 2 are married to sisters, the
other to an unrelated woman. A husband of a sister died;
the brother married to the unrelated woman did Yibum,
then died; the 1st woman is exempt (from Yibum and
Chalitzah) because she is the sister of the Yavam's wife;
the 2nd is exempt, because she is Tzaras Ervah;
(b) If the brother did not do Yibum, but gave a Ma'amar, then
died, the unrelated woman does Chalitzah, not Yibum.
(c) (Gemara): This is only because he gave a Ma'amar - if not
for the Ma'amar, she could do Yibum!
1. (Rav Nachman): This teaches that there is not Zikah,
even by one Yavam (if there was Zikah, she would be
Tzaras Ervah through Zikah).
(d) (Mishnah): 3 brothers, 2 are married to sisters, the
other to an unrelated woman. The husband of the unrelated
woman died; a brother (married to a sister) did Yibum,
then died; the 1st woman is exempt because she is the
sister of the Yavam's wife, the 2nd, because she is her
Tzarah;
(e) Had he not done Yibum, but gave a Ma'amar before he died,
the unrelated woman would do Chalitzah, not Yibum.
(f) (Gemara) Question: We already know this from the previous
Mishnah!
1. In the previous Mishnah, the sister of his wife was
(a secondary) Tzarah to the unrelated woman, and the
unrelated woman was forbidden - here, the unrelated
woman is the Tzarah to his wife's sister, all the
more so she is forbidden!
(g) Answer: The Tana first taught our Mishnah, thinking that
in the previous case, she would be permitted; later, he
saw that even the previous case is prohibited;
(h) Since that is the greater Chidush, it is dear to him, he
taught it 1st; our Mishnah (even though it is no longer
needed) was not discarded.
2) ONCE FORBIDDEN, ALWAYS FORBIDDEN
(a) (Mishnah): 3 brothers, 2 are married to sisters, the
other (Levi) to an unrelated woman. A husband of a sister
died; Levi did Yibum. The sister (who did not do Yibum)
died, then Levi died; the living sister is forever
forbidden to the Yavam, she was once forbidden.
(b) (Gemara - Rav Yehudah): Any Yevamah to whom we cannot
apply "Her Yavam will do Yibum with her" when she falls
to Yibum, is like the wife of a brother that has
children, and is forbidden.
(c) Question: We learned this in the Mishnah - she is forever
forbidden to the Yavam, she was once forbidden!
(d) Answer: One might have thought, that is only when she did
not become fitting for Yibum during the first fall to
Yibum; but when she does become fitting during the first
fall to Yibum, she is permitted!
1. Rav Yehudah taught that this is not so.
(e) Question: This also we learn from a Mishnah!
1. (Mishnah): 2 brothers are married to sisters. 1
brother died, then the wife of the other brother
died. The Yevamah is forever forbidden to the Yavam,
she was once forbidden!
(f) Answer: I would think, that only applies when she was
unable to do Yibum with any brother; but when she could
do Yibum with a brother, since she is fitting to him, she
is fitting to another (when the prohibition will go
away)!
1. Rav Yehudah teaches that this is not so.
3) ZIKAH AND THE FALL TO YIBUM
(a) (Mishnah): 3 brothers, 2 are married to sisters, the
other to an unrelated woman (call her Leah). A husband of
a sister (call him David) divorced her; Leah's husband
(Yakov) died, and David did Yibum, then died;
1. In this case they said, 'If an Ervah died or was
divorced, the Tzaros are permitted'.
(b) (Gemara): We infer, Leah is permitted because the divorce
preceded Yakov's death; had he died before, Leah would be
forbidden.
(c) (Rav Ashi): This shows, there is Zikah, even by 2
brothers.
(d) Question: But Rav Nachman deduced above that there is not
Zikah!
(e) Answer: Rav Ashi will explain, in that Mishnah, she
cannot do Yibum even if no Ma'amar was given.
1. Ma'amar was taught to show that we do not hold as
Beis Shamai, who say that Ma'amar fully acquires.
30b---------------------------------------30b
(f) Question: Rav Ashi's inference from our Mishnah disproves
Rav Nachman!
1. Suggestion: Even if he dies before the divorce, she
is permitted.
i. The words 'this is the case' exclude when the
Yibum precedes the divorce (but not when death
precedes the divorce).
2. This fits well if Rav Nachman holds as R. Yirmeyah,
who said 'These Mishnayos (2A and 30A) must have
different authors'.
i. The Tana of 2A holds that death causes the fall
to Yibum (i.e. Leah is only considered Tzaras
Ervah if she was Tzaras Ervah when her husband
died).
ii. Our Tana (30A) holds that the initial marriage
causes the fall (if she was Tzaras Ervah at any
time during her marriage, she is considered
Tzaras Ervah when her husband dies).
iii. If the Yibum preceded the divorce, since Leah
was once Tzaras Ervah, even divorce of the
sister will not allow Yibum later.
3. Question: If Rav Nachman holds as Rava, who said
that the same Tana taught both - the Mishnah 2A
teaches more (that death causes the fall to Yibum) -
what does 'This is the case' exclude?
4. Answer: Rav Nachman must hold as R. Yirmeyah.
(g) We understand, if Rava holds as Rav Ashi, 'This is the
case' excludes if he never divorced the sister (even if
he never did Yibum, Leah is forbidden - she is Tzaras
Ervah through Zikah).
1. Question: If Rava holds as Rav Nachman - what case
is excluded?
2. Answer: Rava must hold as Rav Ashi.
4) WHEN IN DOUBT, WE DO CHALITZAH
(a) (Mishnah): When there was a Safek engagement or divorce
of an Ervah, the Tzaros do Chalitzah, not Yibum;
(b) Safek engagement - he threw engagement money to her, and
we are unsure if it landed closer to him or to her;
(c) Safek divorce - he wrote a Get himself, without
witnesses; or, it has witnesses but no date; or, it has a
date, but only 1 witness.
(d) (Gemara) Question: Why don't we teach, he threw her a
Get, and we are unsure to whom it is closer, as a case of
Safek divorce?
(e) Answer #1 (Rabah): The Tzarah was standing to be exempt
from Yibum or Chalitzah - in Safek, we leave her in her
Chazakah.
(f) Objection (Abaye): If so, we should say the same by Safek
engagement!
1. The Tzarah was standing to be permitted to the Yavam
- we should not forbid her from Safek!
(g) Answer: There, we are stringent.
(h) Objection: This stringency will lead to a leniency!
1. Reuven might engage Leah's sister; or, another man
might engage Leah.
i. Since Leah's Tzarah was forbidden to do Yibum,
people will think that Leah really was engaged,
so this 2nd engagement is invalid!
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