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


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Yevamos 95

YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) RELATIONS WITH A WIFE'S SISTER

(a) Intentional relations with a wife's sister do not forbid one to his wife mid'Oraisa, no decree was made for unintentional relations.
(b) Question: What is the source that intentional relations do not forbid her?
(c) Answer (Beraisa): "Her (a Sotah)" - she is forbidden through her relations, but relations of her sister do not forbid her.
1. If not for the verse, one might have thought to learn a Kal v'Chomer.
i. In a place where relations with a light prohibition (a married woman), the forbidder (her husband) becomes forbidden - all the more so, relations with a severe prohibition (a wife's sister), the forbidder should become forbidden!
(d) R. Yehudah says, Beis Shamai and Beis Hillel agreed, one that has relations with his mother-in-law becomes forbidden to his wife - they only argued by relations with one's wife's sister.
1. Beis Shamai say, this forbids his wife; Beis Hillel say, it does not.
(e) R. Yosi says, Beis Shamai and Beis Hillel agreed, one that has relations with his wife's sister remains permitted to his wife - they only argued by relations with his mother-in-law.
1. Beis Shamai say, this forbids his wife; Beis Hillel say, it does not.
(f) (R. Yosi's explanation, why all agree regarding a wife's sister): Initially, he is permitted to all women, and she is permitted to all men. When he engaged his wife, he forbids her, and she forbids him.
1. He forbids her more than she forbids him - he forbids her on all men in the world, and she only forbids him on her relatives.
(g) Is it not a Kal v'Chomer - he forbids her on all men, if she unintentionally sinned with one forbidden to her, she is not forbidden to whom she was permitted to - she, who only forbids him on her relatives, if he unintentionally sinned with one forbidden to him, all the more so he is not forbidden to whom he was permitted to!
(h) This Kal v'Chomer only teaches about unintentional sin - the Torah says "Her", to teach about intentional.
(i) Question (Reish Lakish): What is R. Yehudah's reason?
(j) Answer (Reish Lakish): "You will burn he and them" - do we burn the whole house (his wife didn't sin!)?!
1. Since the verse cannot come to teach that she is burned, we use it to teach that she is forbidden.
(k) (Rav Yehudah): The law is not as R. Yehudah.
(l) A man had relations with his mother-in-law; Rav Yehudah lashed him.
(m) The man: Didn't you teach that the law is not as R. Yehudah?
(n) Rav Yehudah: If the law was as R. Yehudah, I would permanently forbid you to your wife.
2) A MARRIED WOMAN IS A LIGHT PROHIBITION
(a) Question: What is the light prohibition referred to in the Beraisa (c:1:i)?
(b) Answer #1 (Rav Chisda): One who remarries his divorcee after she remarried.
1. When the 2nd husband had relations with her, this forbade her to the 1st husband; when the 1st husband remarried her and had relations with her after the 2nd divorced her, he forbade her to the 2nd.
2. Rejection: One cannot learn a Kal v'Chomer from remarrying one's divorcee - this is more stringent (than a wife's sister):
i. Her body was defiled!
ii. The prohibition can come through any man (Tosfos - Rashi deletes this from the text).
iii. The prohibition is permanent.
(c) Answer #2 (Reish Lakish): A Yevamah.
1. Question: To whom?
2. Answer #1: To a stranger, as Rav Hamnuna.
i. (Rav Hamnuna): A Shomeres Yavam that had extramarital relations is forbidden to her Yavam.
3. Rejection: One cannot learn a Kal v'Chomer from a Yevamah that had extramarital relations - this is more stringent (than a wife's sister):
i. Her body was defiled!
ii. The prohibition can come through any man.
4. Answer #2: Rather, a Yevamah to the brothers.
i. If 1 brother gave her a Ma'amar, he forbids her to the other brothers; if another brother had relations with her, he forbids her to the brother that gave the Ma'amar.
5. Question: Why must the Beraisa say, relations with the light prohibition (forbid the one that caused the prohibition) - even if the 2nd brother gave her a Ma'amar, he forbids her to the 1st brother!
i. Answer: The Beraisa is as R. Gamliel, who says that a Ma'amar does not take effect after a Ma'amar.
6. Rejection: Still - the 2nd brother can forbid her by giving her a Get, or doing Chalitzah!
(d) Answer #4 (R. Yochanan): A Sotah.
1. Question: To whom?
2. Answer #1: To her husband.
3. Rejection: Why must the Beraisa say, relations with the light prohibition forbid (the suspected adulterer, who caused the prohibition to the husband) - even if the husband divorced her, or said that he will not give her to drink, she is (permanently) forbidden to the suspected adulterer!
4. Answer #2: Rather, to the suspected adulterer.
5. Rejection: This is not a light prohibition, rather the severe prohibition of a married woman!
95b---------------------------------------95b

(e) Answer #5 (Rava): A married woman.
(f) Question: Why is this called a light prohibition?
(g) Answer: The one that forbids her does not forbid her his entire life.
(h) Support - (Beraisa - Aba Chanan): A married woman is a light prohibition, the one who forbids her does not forbid her his entire life - one who has relations with her forbids her on the one who caused the prohibition - by a severe prohibition, that the one that forbids her forbids her his entire life, all the more so, one who has relations with her should forbids her!
1. "Her" - a married woman's extramarital relations forbid her, but relations of her sister do not forbid her.
3) R. YOSI IN THE MISHNAH
(a) (Mishnah): R. Yosi says, anyone who forbids (on others, forbids on himself; anyone who does not forbid on others, does not forbid on himself).
(b) Question: What does R. Yosi mean?
1. Suggestion: The 1st Tana said, his wife and Giso (his wife's brother-in-law) went overseas, his Gis's wife becomes forbidden, and his wife is permitted - and R. Yosi says, just as his wife is permitted, his Gis's wife is permitted.
2. Rejection: If so, he should not say 'Anyone who does not forbid on others, does not forbid on himself', rather, 'Anyone who does not forbid on himself, does not forbid on others'!
(c) Answer: Rather, just as his Gis's wife is forbidden, also his own wife is forbidden.
1. This explains his statement 'anyone who forbids on others, forbids on himself'.
(d) Question: Why does he teach by saying, 'Anyone who does not forbid on others, does not forbid on himself'?
(e) Answer #1 (R. Ami): This refers to the beginning of the Mishnah - A woman married according to Beis Din must leave her husband, and she is exempt from a sacrifice; if she was married according to witnesses, she must leave her husband, and she must bring a sacrifice - great is the power of Beis Din that exempts her from a sacrifice.
1. The 1st Tana says, whether Reuven married his wife's sister according to 2 witnesses, and she remains permitted to her husband; or whether he married his wife's sister according to Beis Din, and she is forbidden to her husband, Reuven remains permitted to his wife;
2. R. Yosi says, according to Beis Din, when his marriage forbids others, he also forbids his own wife on himself; according to 2 witnesses, when his marriage does not forbid others, he does not forbid on himself.
(f) Answer #2 (R. Yitzchak Nafcha): This refers to the end of the Mishnah - One case is when he married the wife of his Gis, the other, when he married the betrothed of his Gis (alternate text - One case is when his betrothed and Giso went overseas, the other, when his wife and Giso went overseas).
1. The 1st Tana says, whether there was engagement or Nisu'in, the wife of Giso is forbidden, his wife is permitted;
2. R. Yosi says, if there was Nisu'in, there is no concern that people will say that there was a condition in the Nisu'in, he does not forbid on others (Giso), he does not forbid his wife on himself; if there was engagement, there is concern that people will say that the engagement was on condition, he forbids on others, he even forbids on himself.
(g) (Rav Yehudah citing Shmuel): The law is as R. Yosi.
(h) Objection (Rav Yosef): Did Shmuel really say that?
1. (Rav): A Yevamah is as a married woman; Shmuel says, she is not as a married woman.
i. (Rav Huna): The case is, Reuven engaged a woman and went overseas. Reuven's brother heard that Reuven died, and married her.
ii. Rav says she is as a married woman, and is forbidden to Reuven; Shmuel says, she is not as a married woman, and is permitted to Reuven.
(i) Answer #1 (Abaye): Who says that Shmuel rules as R. Yosi, understanding the argument as R. Yitzchak Nafcha? Perhaps he understands as R. Ami!
(j) Answer #2 (Abaye): Even if he understand as R. Yitzchak Nafcha - perhaps not regarding 'anyone that forbids', but regarding 'anyone that does not forbid"!
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