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1) YIBUM AND CHALITZAH

(a) (Mishnah): A Yevamah is acquired through Yibum...
(b) We learn this from "Her Yavam will have relations with her and take her as a wife".
(c) Suggestion: All methods of engaging a wife should acquire a Yevamah!
(d) Rejection (Beraisa): One might have thought, money or a document can fully acquire a Yevamah, just as relations - "He will do Yibum to her", only relations fully acquire her.
(e) Question: Perhaps "He will do Yibum to her" only teaches that relations acquire her against her will!
(f) Answer: Had the Torah only said "He will do Yibum", we would only learn that only relations fully acquires her;

1. "To her" teaches that they acquire her against her will.

(g) (Mishnah): (She acquires herself through) Chalitzah...
(h) We learn from "His name will be called in Yisrael 'the house of the removed shoe'" - once the Yevamah removed his shoe, she is permitted to anyone in Yisrael.
(i) Question: This verse is used to teach something else!

1. (Rav Shmuel bar Yehudah): "In Yisrael" - the Beis Din for Chalitzah must have judges of Yisrael, not of converts.

(j) Answer: Two verses say 'In Yisrael".
(k) Question: But the other verse is also needed!

1. (Beraisa - R. Yehudah): Chalitzah was done before R. Tarfon; he told us to say twice "The one whose shoe was removed!"

(l) Answer: That is learned from "His name will be called", not from "In Yisrael".

(a) (Mishnah): "Or the death of the Yavam".
(b) This is learned from a Kal va'Chomer: relations with a married woman is punishable by (death by) choking, yet death of the husband permits her;

1. Relations (of a stranger) with a Shomeres Yavam is punishable by a Lav - all the more so, death of the Yavam permits her!

(c) Question: We cannot learn from a married woman, for she is permitted through a Get, whereas a Yevamah is not!
(d) Answer: Chalitzah permits a Yevamah just as a Get permits a married woman.
(e) Question: We cannot learn from a married woman, for the one who forbids her (her husband) can permit her (through a Get)!
(f) Answer (Rav Ashi): Also here - the Yavam forbids her, he permits her through Chalitzah!
(g) Suggestion: A Kal va'Chomer should teach that Chalitzah permits a married woman.

1. A Get does not permit a Yevamah, but Chalitzah does - a Get permits a married woman, all the more so Chalitzah should!

(h) Rejection: "A Sefer of cutting" - a Sefer (Get) cuts her from her husband, and nothing else cuts her from him.
(i) Suggestion: A Kal va'Chomer should teach that a Get permits a Yevamah.

1. Chalitzah does not permit a married woman, but a Get does - Chalitzah permits a Yevamah, all the more so a Get should!

(j) Rejection #1: "Thusly (will be done to the Yavam)" - 'thusly' denotes a requisite, there is no alternative (to Chalitzah).
(k) Objection: Is it really true that whenever the Torah writes a requisite, we do not expound a Kal va'Chomer?!

1. Regarding Yom Kipur, it says "Lottery" and "Statute";
2. (Beraisa): "He will offer it a sin-offering" - the lottery designates 1 of the goats to be a sin-offering, not naming it (calling it a sin-offering).

i. One might have thought to learn a Kal va'Chomer: Naming works where the lottery does not (to designate which bird will be the sin-offering, which the burnt-offering) - all the more so, naming should work (on Yom Kipur) where the lottery works - the above verse teaches, this is not so.
ii. If not for the verse, we would have learned a Kal va'Chomer, even though it says "Statute"!

(l) Rejection #2: "(A Sefer of cutting will be written) for her (a married woman)" - for her and not for a Yevamah.

1. Question: Why not learn, "for her" - it must be Lishmah!
2. Answer: We do! 2 verses say "for her", so we can learn both.
3. Question: The other verse is needed to teach "for her", not for 2 women in 1 Get!

(m) Rejection #3: "(She will take off his) shoe" - she only becomes permitted through a shoe.
(n) Question: We learn something else from this verse!

1. (Beraisa): "His shoe" - one might have thought, the Yavam must be wearing his own shoe - the Torah repeats "Shoe", to include another man's shoe.
2. Question: If so, why did the Torah say "his shoe"?
3. Answer: To teach, it must be fitting for him - this excludes a shoe too big for him to walk in, or too small, that does not cover most of his foot, or an open shoe that has no sole.

(o) Answer: The Torah wrote "the shoe", to teach our law (that a Get does not work) also.

(a) (Mishnah): A Hebrew slave can be acquired through money or a document; he acquires his freedom through (finishing his 6) years (of service), the Yovel year, or redemption (based on the remaining time he should have served);
(b) A female Hebrew slave has an additional way to go free - when she becomes a Na'arah.
(c) A Nirtza (slave whose ear was pierced) is acquired through the piercing of the ear; he goes free in Yovel or when the master dies.
(d) (Gemara) Question: From where do we know that a Hebrew slave can be acquired through money?
(e) Answer: "(He will be redeemed) from the money of his purchase" teaches that he can be acquired through money.
(f) Question: That is written by a Yisrael that sold himself to a Nochri, for he always acquires with money; how do we know regarding a Yisrael that sells himself to a Yisrael?
(g) Answer: "She will be redeemed" - this teaches that her redemption is reduced (from her purchase price, according to the years she worked) and she goes free.
(h) Question: This applies to a female Hebrew slave - since a Bas Yisrael is engaged with money, she is bought for money (since this may turn into engagement);

1. From where do we know a male Hebrew slave?

(i) Answer: "A male or female Hebrew slave" - the verse equates them.
(j) Question: That verse is by a slave sold by Beis Din, since he is sold against his will (to pay for what he stole);

1. From where do we know a man that sells himself?

(k) Answer: From a Gezeirah Shavah "Sachir-Sachir" (equating one sold by Beis Din to one who sells himself).
(l) Question: There is a Tana that does not learn from this Gezeirah Shavah - how will he learn?
(m) Answer: "And when he will attain (money to redeem himself)" - this connects one who sells himself to a Yisrael with one who sells himself to a Nochri.

1. Just as the latter is acquired with money, also the former.

(a) Question: Who is the Tana that does not learn from the Gezeirah Shavah?
(b) Answer #1: Chachamim (the first Tana) of the following Beraisa.

1. (Beraisa): One who sells himself as a slave - he may be sold for 6 years or longer; he cannot become a Nirtza (have his ear pierced, to remain a slave until Yovel); he does not receive gifts when he goes free; and his master cannot mate him with a Kana'anis slave;
2. One who is sold by Beis Din - he may only be sold for 6 years; he can become a Nirtza; he receives gifts when he goes free; and his master can mate him with a Shifchah (Kana'anis slave).
3. R. Elazar (some texts - R. Eliezer) says, in either case he may only be sold for 6 years, he can become a Nirtza, he receives gifts when he goes free, and his master can mate him with a Shifchah.
4. Suggestion: Chachamim do not learn the Gezeirah Shavah; R. Elazar does.

(c) Rejection (Rav Tivyomi): No, all learn the Gezeirah Shavah. Chachamim expound verses (in the Parsha of one sold by Beis Din) to override the Gezeirah Shavah regarding these 4 laws.
(d) Question #1: How do Chachamim learn regarding the term of sale?
(e) Answer: "He will serve you for 6 years" - not one who sells himself (he may serve longer).

1. R. Elazar expounds "He will serve you" - but not your heir.
2. Chachamim learn this from another verse that says "He will serve you".
3. R. Elazar says, the other verse comes to appease the master (that he received much work, so he will happily give gifts when the slave leaves).