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Rosh Kollel: Rabbi Mordecai Kornfeld


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Yevamos 117

YEVAMOS 116-119 - have been sponsored through the generous contribution of Mr. Uri Wolfson and family

1) REGARDING WHAT IS SHE BELIEVED?

(a) Beis Hillel: We find that the children do not inherit based on her testimony.
(b) Beis Shamai: We can learn from the Kesuvah - he writes, 'If you will get married to another, you will receive what is written'!
1. Beis Hillel retracted, and agreed to Beis Shamai.
(c) (Gemara - Rav Chisda): If she did Yibum, the Yavam inherits his brother based on her testimony.
1. Beis Shamai and Beis Hillel expounded what is written in the Kesuvah - we must expound what the Torah says!
i. "He will stand up on the name of his brother" - behold, he stood!
(d) (Rav Nachman): If she comes to Beis Din and says, 'My husband died, permit me to get married' - we permit her, and give her the Kesuvah;
(e) If she says, 'Give me the Kesuvah' - we do not even permit her to get married!
1. This is because she intended to receive the Kesuvah.
(f) Question: If she says, 'My husband died, permit me to get married and give me my Kesuvah' - what is the law?
1. Since she mentioned the Kesuvah - she intended for the Kesuvah (and we don't permit her at all)?
2. Or - do we say, a person tells everything to Beis Din (and her primary intent was to get married).
(g) Question: If we say, a person tells everything to Beis Din - if she says, 'My husband died, give me my Kesuvah and permit me to get married' - what is the law?
1. Here, she certainly intended for the Kesuvah!
2. Or - perhaps her primary intent was to get married, she just didn't know for what she would be believed!
i. The question is unresolved.
2) WOMEN THAT ARE SUSPECTED OF LYING
(a) (Mishnah): All are believed to say that her husband died except for: her mother-in-law; the daughter of her mother-in-law; her Tzarah; the wife of her husband's brother; and her husband's daughter.
1. These women are believed to bring her Get, since the signatures prove that it is valid.
(b) (Gemara) Question: Is the daughter of her father-in-law believed?
1. Why is Sarah, the daughter of Leah's mother-in-law, suspected to lie?
i. If because Sarah's mother hates Leah, so Sarah does, too - this does not apply to the daughter of Leah's father-in-law.
ii. If Sarah hates Leah because she thinks, Leah stands to enjoy my mother's money (Leah's husband, Sarah's sister, will inherit their mother) - similarly, the daughter of Leah's father-in-law thinks, Leah will enjoy my father's money!
(c) Answer (Beraisa): All are believed, except for 5 women.
1. If the daughter of the father-in-law is not believed - there are 6 women!
(d) Rejection: If the reason is, she thinks that she will enjoy her mother's money - the same applies to the father-in-law's daughter, so they are considered 1 case.
(e) Contradiction (Beraisa): All are believed except for 7 women!
(f) Answer: That is as R. Yehudah.
1. (Beraisa - R. Yehudah): Also, her father's wife and her daughter-in-law are not believed;
2. Chachamim: Since we taught, the daughter of her husband and her mother-in-law - we already know these cases!
i. R. Yehudah holds, the mother-in-law hates the daughter-in-law because the daughter-in-law stands to enjoy her money - but why should a daughter-in-law hate her mother-in-law?
ii. The daughter of her husband hates her father's wife, because she thinks, she is enjoying my mother's money - but why should the father's wife hate her husband's daughter?
3. Question: If so - why does R. Yehudah say that also these 2 are not believed?
4. Answer: Sarah hates her mother-in-law (Leah), because Leah tells her son (Sarah's husband) everything Sarah does;
i. Likewise, Sarah hates her husband's daughter (Leah) because Leah reveals all Sarah's doings to Leah's father (Sarah's husband).
5. Chachamim hold, "As water reflects, so is the heart of man to man" (i.e. hate is reciprocal).
6. R. Yehudah says, the verse teaches that success in Torah is according to the effort.
(g) Question (Rav Acha Bar Avya): A woman who will become her mother-in-law (i.e. after Yibum) - is she believed?
1. Does she anticipate that the husband will die, and she will fall to Yibum, and she already hates her?
117b---------------------------------------117b

(h) Answer (Mishnah): A woman says, my husband died, and then my father-in-law - she may get married and receives her Kesuvah, but her mother-in-law may not get married.
1. (Even though she is no longer her mother-in-law - after Yibum, she will again be her mother-in-law).
2. Suggestion: Her mother-in-law is forbidden, because we suspect that neither man died - she lied, to trick her mother-in-law into remarrying, and becoming forbidden to her father-in-law.
(i) Rejection: This case is different -she has already felt pain from being her daughter-in-law. (But in a regular case, she would not hate her yet.)
3) CONTRADICTORY WITNESSES
(a) (Mishnah): 1 witness said that he died, and she got married; 1 witness came and said that he did not die - she does not leave (her husband);
(b) 1 witness said that he died, 2 say that he did not die - even if she got married, she must leave;
(c) 2 witnesses say that he died, 1 says that he did not die - even if she did not yet marry, she may marry.
(d) (Gemara): We infer (in the 1st case) - because she already married, she does not leave - but had she not yet married, she may not marry.
(e) Question: But Ula taught, wherever the Torah believed 1 witness, he is as 2!
(f) Answer: The Mishnah means - 1 witness said that he died, and we permitted her to get married; 1 witness came and said that he did not die - she remains permitted.
(g) (Mishnah): 1 witness said that he died ...
(h) Objection: This is obvious, 1 witness is not believed against 2!
(i) Answer #1: It is a case of invalid witnesses, as R. Nechemyah.
1. (Beraisa - R. Nechemyah): Wherever the Torah believed 1 witness, we go after the majority; 2 women contradicting 1 man are as 2 men against 1 man.
(j) Answer #2: If a valid witness came at first, even 100 women are only considered as 1 man (and she remains permitted);
1. The case is, the first witness was a woman.
2. We must explain R. Nechemyah thusly: Wherever the Torah believed 1 witness, we go after the majority - 2 women contradicting 1 woman are as 2 men against 1 man;
3. 2 women against 1 man are as 1 man against 1 man.
(k) (Mishnah): 2 witnesses say that he died ...
(l) Question: What does this teach? If it is a case of invalid witnesses, as R. Nechemyah, that goes after the majority - but the previous case taught this!
(m) Answer: One might have thought, we only go after the majority to be stringent, not to be lenient - we hear, this is not so.
(n) (Mishnah): 1 wife says that he died, a Tzarah says that he did not -the wife who says that he died may get married and receive her Kesuvah; the Tzarah may not get married nor receive her Kesuvah;
(o) 1 wife says that he died, a Tzarah says that he was killed - R. Meir says, since they contradict each other, they may not get married; R. Yehudah and R. Shimon say, since they admit that he is dead, they may marry;
(p) 1 witness says that he died, 1 says that he did not die; a woman says that he died, a woman says that he did not die - she may not marry.
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