POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 112
YEVAMOS 112 (PURIM!) - has been dedicated towards a Refu'ah
Shelemah to Freyda Chana bas Esther, by the Tavin family.
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1) BY WHEN HAS YIBUM BEEN DONE?
(a) Question: Rather than force him to do Chalitzah, we
should force him to do Yibum!
(b) Answer (Rav): The case is, she has a Get from him.
(c) Question (Beraisa): A Yevamah, within 30 days of falling
to Yibum, says that the Yavam has not had relations with
her. Whether he says that he has had relations or not, we
force him to do Chalitzah;
1. If she says this 30 days after falling to Yibum, we
request that he do Chalitzah;
2. If she says that he did Yibum, and he denies this,
he gives her a Get;
3. If he says that he did Yibum, and she denies this,
she needs a Get and Chalitzah.
(d) Answer #1 (R. Ami): Rather, she needs Chalitzah with the
Get she already has.
(e) Answer #2 (Rav Ashi): She needs a Get on account of the
Yibum (which he claims to have done) and Chalitzah - the
case is, she already received a Get before relations
(which prohibited Yibum).
(f) A Yavam and Yevamah came before Rava; both said that they
had not done Yibum.
1. Rava: Do Chalitzah, and she is permitted.
2. Rav Sharbiya: But a Beraisa says, she needs a Get
and Chalitzah!
3. Rava: If the Beraisa says so, that is the law.
(g) Question (Hon): What is the law of her Tzarah (if the
Yevamah that seemingly did Yibum later claims that she
has not had relations)?
(h) Answer (Rav Nachman): Because we force or request the
Yavam to do Chalitzah - will we prohibit the Tzarah?!
(i) (Mishnah): A woman that vows not to get benefit ...
(j) (Mishnah): At first, they used to say that 3 women are
divorced and receive a Kesuvah: a Kohen's wife who says
that she was defiled; one who says, "Heaven knows, my
husband cannot have normal relations"; one who vows not
to have relations with a Yisrael.
(k) Later, Chachamim were concerned that women will seek to
marry someone else, and use one of these reasons to get
out of their current marriage.
1. If a Kohen's wife says that she was defiled - she
must prove this;
2. One who says, 'Heaven knows, my husband cannot have
normal relations', he should seek to appease her;
3. One who vows not to have relations with a Yisrael,
her husband annuls the part of the vow which forbids
him; he can have relations with her, and she is
permanently forbidden to other men.
(l) Question: If she vowed not to have relations with any
Yisrael - is she forbidden to the Yavam?
1. Did it cross her mind that she may fall to Yibum, or
not?
(m) Answer #1 (Rav): The Yavam is not as the husband.
(n) Answer #2 (Shmuel): The Yavam is as the husband.
(o) (Abaye): Presumably, Rav is correct.
1. (Mishnah): One who vows not to benefit from her
Yavam in her husband's lifetime, we force him to do
Chalitzah.
2. If a woman thinks that she may fall to Yibum - we
should request that he do Chalitzah!
112b---------------------------------------112b
(p) Answer: The case is she has children - she does not think
that her children will die and then her husband.
(q) Question: But if she has no children - the law is, we
only request that he do Chalitzah?
1. Why did the end of the Mishnah say, if she intended
to prevent Yibum, we request that he do Chalitzah -
we can make a better distinction!
2. The Mishnah should say - we only force him to do
Chalitzah when she has children - but if not, we
request that he do Chalitzah!
3. Rather, we learn as Rav, whether or not she has
children, we force him to do Chalitzah.
***** PEREK CHERESH *****
2) THE MARRIAGE OF DEAF PEOPLE
(a) (Mishnah): A deaf man married a healthy woman, or a
healthy man that married a deaf woman - if he wants, he
can divorce her; if he wants, he can stay married;
1. Just as he married her through gesturing, he may
divorce her by gesturing.
(b) A healthy man married a healthy woman, and she went deaf
- if he wants, he can divorce her; if he wants, he can
stay married; if she went insane, he may not divorce her;
1. If he went deaf or insane, he can never divorce her.
(c) R. Yochanan Ben Nuri: Why is it, if she goes deaf, he may
divorce her, but if he goes deaf, he cannot divorce her?
(d) Chachamim: A woman is divorced whether or not she wants;
a man only divorces if he wants to.
(e) R. Yochanan Ben Gudguda testified that a deaf woman that
her father married off (before she was a Bogeres) may be
divorced.
(f) Chachamim: This case (a healthy woman that went deaf) has
the same law.
(g) 2 deaf brothers are married to 2 sisters - the sisters
can be deaf, healthy, or 1 of each; or, 2 deaf sisters
are married to 2 brothers - the brothers can be deaf,
healthy, or 1 of each - if 1 man dies, his wife is exempt
from Chalitzah and Yibum;
1. If the wives were unrelated, the Yavam may do Yibum;
afterwards, if he wants to, he may divorce her.
(h) 2 brothers, 1 deaf and 1 healthy, are married to 2
healthy sisters. The deaf brother died - his wife is
exempt from Chalitzah and Yibum, she is the Yavam's
wife's sister.
1. If the healthy brother died, the deaf brother must
divorce his wife, and the Yevamah is forbidden
forever (until the Yavam dies).
(i) 2 healthy brothers are married to 2 sisters, 1 deaf and 1
healthy. The husband of the deaf sister died - his wife
is exempt from Chalitzah and Yibum, she is the Yavam's
wife's sister.
1. If the husband of the healthy sister died, the Yavam
must divorce his wife, and the Yevamah does
Chalitzah.
(j) 2 brothers, 1 deaf and 1 healthy, are married to 2
sisters, 1 deaf and 1 healthy. The deaf brother, married
to the deaf woman died - his wife is exempt from
Chalitzah and Yibum, she is the Yavam's wife's sister.
1. If the healthy brother, married to the healthy woman
died, the deaf brother must divorce his wife, and
the Yevamah is forbidden forever (until the Yavam
dies).
(k) 2 brothers, 1 deaf and 1 healthy, are married to 2
healthy, unrelated women. The deaf brother died - the
Yavam may do Chalitzah or Yibum.
1. If the healthy brother died, the Yavam does Yibum,
and can never divorce her.
(l) 2 healthy brothers are married to 2 unrelated women, 1
healthy and 1 deaf. The husband of the deaf woman died -
the Yavam does Yibum; later, he may divorce her if he
wants.
1. If the husband of the healthy woman died, the Yavam
may do Chalitzah or Yibum.
(m) 2 brothers, 1 deaf and 1 healthy, are married to 2
unrelated women, 1 deaf and 1 healthy. The deaf brother,
married to the deaf woman died - his wife does Yibum, and
the Yavam may divorce her if he wants.
1. If the healthy brother, married to the healthy woman
died, the Yavam does Yibum, and he can never divorce
her.
3) RABBINIC MARRIAGES
(a) (Gemara - Question - Rami Bar Chama): Why did Chachamim
enact marriage for deaf people, and not for insane
people?
1. (Beraisa): An insane man or a minor married a woman,
and he died - she is exempt from Chalitzah and
Yibum.
(b) Answer: By deaf people, the marriage will last, Chachamim
enacted it; by insane people, the marriage will not last
- a person cannot live in a basket with a snake -
Chachamim did not enact it,
(c) Question: Why didn't Chachamim enact marriage for a
(male) minor, but they did enact for deaf people?
(d) Answer: Deaf people will never be able to get married
mid'Oraisa, Chachamim enacted marriage mid'Rabanan; a
minor will be able to get married mid'Oraisa, no
enactment was made for him.
(e) Question: But a female (orphaned) minor will be able to
be married mid'Oraisa, and marriage was enacted for her!
(f) Answer: There, the reason was so people should not freely
have relations with her.
(g) Question: Why may a girl do Mi'un, but not a deaf woman?
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