POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 111
1) A MAN MARRIED TO A DEAF WOMAN AND A MINOR
1. If a deaf woman is married - the Yibum is valid, she
may remain with the Yavam!!
2. If a deaf woman is not married - she is as a
stranger (i.e. not a Yevamah) that married the
Yavam, she may remain with him!
3. Counter-question: If this is so - since Rav holds, a
minor is married and not married - why must she wait
until she grows up and do Chalitzah?
i. She should be allowed to do Yibum either way!
ii. If a minor is married - the Yibum is valid, she
may remain with the Yavam!!
iii. If a minor is not married - she is as a
stranger that married the Yavam, she may remain
with him!
4. Answer: If she would do Yibum, there would be no way
to permit the deaf woman to marry someone else.
(b) (Rav Sheshes): A Beraisa supports Rav Chisda.
(c) (Beraisa): 2 brothers are married to 2 orphaned sisters,
1 is a minor, the other is deaf. The brother married to
the minor died - the Yavam must divorce his deaf wife,
and the Yevamah waits until she grows up, and does
Chalitzah;
1. If the brother married to the deaf woman died - the
Yavam must divorce his wife (the minor), and the
Yevamah is forbidden forever (until the Yavam dies).
2. If he did Yibum, he divorces her, and she may marry
a stranger.
(d) This makes sense if we say that according to the opinion
that a deaf woman is partially married; a minor is
married and not married - if the deaf woman did Yibum,
she is divorced and may marry a stranger, either way!
1. If a minor is married - the deaf woman is the sister
of the Yavam's wife!
2. If a minor is not married - the Yibum was a real
Yibum!
(e) Question: But if we say that a deaf woman is married and
not married, and a minor is partially married - if the
deaf woman did Yibum and was divorced, why may she marry
a stranger?
1. The Yibum was invalid (forbidden) - and this does
not exempt her from Zikah (even after she is
divorced)!
(f) Answer: The Beraisa is as R. Nechemyah, who says that an
invalid Yibum exempts from Chalitzah.
(g) Question: If so, how can we understand the end of the
Beraisa?
(h) (Beraisa): A man was married to 2 orphaned sisters, 1 is
a minor, the other is deaf. He died. The Yavam had
relations with the minor; he then with the deaf woman, or
another brother had relations with the deaf woman - both
are forbidden to the Yavam.
1. To permit them to marry strangers, he divorces the
deaf woman, and the minor does Chalitzah when she
grows up.
(i) This makes sense if we say that a deaf woman is partially
married, and a minor is married and not married, and the
Beraisa is as Chachamim.
1. The minor needs Chalitzah, as a decree, on account
of the case where the Yavam first had relations with
the deaf woman, for then the Yibum of the minor is
invalid.
(j) Question: But if the Beraisa is as R. Nechemyah - he says
that an invalid Yibum exempts!
1. We conclude, the Beraisa must be as Chachamim.
(k) (Rav Ashi): We can also prove this from the beginning of
the Beraisa.
1. It teaches, if he had relations with the deaf woman,
he divorces her, and she is permitted - but it does
not teach, if he had relations with the minor, he
divorces her, and she is permitted!
(l) Rejection: This is no proof - regarding the deaf woman,
that has no permitted way to permit her to marry a
stranger, the Tana taught a forbidden way that she
becomes permitted;
1. Regarding the minor, that she can become permitted
to marry a stranger (in a permitted way), the Tana
did not teach a forbidden way that she becomes
permitted.
2) RABBINICALLY MARRIED TZAROS
(a) (Mishnah): A man was married to 2 orphaned minors, and
died. The Yavam had relations with 1 and then with the
other, or his brother had relations with the other - the
1st Yevamah remains permitted.
111b---------------------------------------111b
(b) The same applies if he is married to 2 deaf women.
(c) A man was married to a minor and a deaf woman; he died,
and the Yavam had relations with the minor. He or his
brother later had relations with the deaf woman - the
minor is forbidden to the Yavam.
(d) If the Yavam had relations with the deaf woman, and then
he or his brother had relations with the minor - the deaf
woman is forbidden to the Yavam.
(e) A man was married to a healthy woman and a deaf woman; he
died, and the Yavam had relations with the healthy woman.
He or his brother later had relations with the deaf woman
- the healthy woman is permitted to the Yavam.
(f) If the Yavam had relations with the deaf woman, and then
he or his brother had relations with the healthy woman -
the deaf woman is forbidden to the Yavam.
(g) A man was married to an adult and a minor; he died, and
the Yavam had relations with the adult. He or his brother
later had relations with the minor - the adult is
permitted to the Yavam.
(h) If the Yavam had relations with the minor, and then he or
his brother had relations with the adult - the minor is
forbidden to the Yavam;
1. R. Elazar says, we counsel the minor to do Mi'un.
(i) (Gemara - Shmuel): The law is as R. Elazar.
1. Shmuel needed to rule as R. Elazar both in this
Mishnah and in that Mishnah (109A).
i. If he only ruled in that Mishnah - we would
think, that is because Yibum can only be done
through Mi'un - but here, Yibum was already
done, he would divorce them both!
ii. If he only ruled in our Mishnah - we would
think, that is because the adult falls to Yibum
- but there, the adult does not fall to Yibum,
we do not encourage Mi'un!
3) WHEN THE YAVAM AND YEVANMAH ARE MINORS
(a) (Mishnah): A Yavam and Yevamah are both minors, and they
had relations - they may stay together as they grow up;
(b) If he is a minor and she is an adult, and they had
relations, she stays with him as he grows up;
(c) A Yevamah, within 30 days of falling to Yibum, says that
the Yavam has not had relations with her - we force him
to do Chalitzah; if she says this 30 days after falling
to Yibum, we request that he do Chalitzah; if he admits
that he has not had relations, we force him to do
Chalitzah, even after 12 months.
(d) A woman that vowed, in the life of her husband, not to
benefit from her Yavam - we force the Yavam to do
Chalitzah; if she vowed after falling to Yibum, we
request that he do Chalitzah;
(e) If she intended to prevent Yibum, even if she vowed in
her husband's lifetime, we request that the Yavam do
Chalitzah.
(f) (Gemara) Suggestion: Our Mishnah is unlike R. Meir.
1. (Beraisa - R. Meir): A Yavam or Yevamah that is a
minor does not do Yibum or Chalitzah.
(g) Rejection: The Mishnah can be as R. Meir - R. Meir only
prohibited when one is a minor, the other an adult,
because one is transgressing (if the minor is a Seris or
Ailonis).
1. When both are minors, R. Meir permits.
(h) Question: But the Mishnah says, if the Yavam (a minor)
did Yibum, they remain together while he grows up!
(i) Answer (R. Chanina Chuzah): The case when he already had
relations is different.
(j) Question: But the Mishnah says, they remain together
while he grows up - each act of relations is forbidden!
(k) Answer: Rather, as we first said, the Mishnah is not as
R. Meir.
(l) Question: The Torah says, "To establish a name for his
brother" - a minor cannot do this!
(m) Answer #1 (Abaye): The Torah said, "Her Yavam will have
relations with her" - any Yavam (even a minor).
(n) Answer #2 (Rava): We know this without that verse!
1. It cannot be that the Yevamah is forbidden now (when
he is a minor) and will become permitted later!
i. (Rav Yehudah): Any Yevamah not fit to do Yibum
when she falls to Yibum, is as the widow of a
brother that had children, and is forbidden to
do Yibum.
2. Suggestion: Perhaps this is the law - if she falls
to Yibum to a minor, he can never do Yibum!
3. Rejection: "When brothers will dwell together" -
even if they only dwelled together 1 day, Yibum
applies.
(o) (Mishnah): A Yevamah, within 30 days ...
(p) Question: Who is our Tana, who says that a man can
restrain himself 30 days?
(q) Answer #1 (R. Yochanan): R. Meir.
1. (Beraisa - R. Meir): A Chasan has 30 days to claim
that he found that his wife is not a virgin; R. Yosi
says, if they were in seclusion, he must make his
claim immediately; if they were not in seclusion, he
may make his claim even after several years.
(r) Answer #2 (Rabah): The Mishnah can even be as R. Yosi.
1. R. Yosi only said that a man does not withhold
himself (when in seclusion) by his engaged wife,
since he is familiar with her - but to a Yevamah, he
is shy.
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