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Yevamos 23
YEVAMOS 22 & 23 - dedicated by Mrs. G. Turkel (Zurich/New York/Jerusalem),
may she have a full and speedy recovery!
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1) [line 3] "KI SIHEYENAH L'ISH SHTEI NASHIM HA'ACHAS AHUVAH VEHA'ACHAS
SENU'AH...[LO YUCHAL L'VAKER ES BEN HA'AHUVAH AL PENEI VEN HA'SENU'AH
HA'BECHOR...]" - "If a man has two wives, one beloved, and another hated,
[and they have born him children, both the beloved and the hated; and if the
firstborn son is hers who was hated; Then it shall be, when he makes his sons
inherit that which he has, that he may not make the son of the beloved
firstborn inherit before the son of the hated, who is indeed the firstborn;
But he shall acknowledge the son of the hated for the firstborn, by giving
him a double portion of all that he has; for he is the beginning of his
strength; the right of the firstborn is his.]" (Devarim 21:15-17)
2a) [line 5] AHUVAH B'NISU'EHA - (lit. beloved in her marriage) a woman who
is permitted to be married to her husband
b) [line 6] SENU'AH B'NISU'EHA - (lit. hated in her marriage) a woman who is
forbidden to be married to her husband because of a Lav
3) [line 25] EIN LAH CHAYIS - she has no recognized ancestry or descent;
slaves have no Halachically recognized lineage
23b---------------------------------------23b
4) [line 18] KIDUSHIN SHE'EIN MESURIN L'VI'AH - Kidushin (betrothal) to a
woman with whom marital relations will be prohibited
(a) The Amora'im argue with regard to the Halachah of Kidushin "she'Ein
Mesurin l'Vi'ah," whether the Kidushin are valid or whether we say that any
Kidushin that does not lead to a state where marital relations are permitted
are not Kidushin at all and there is no need for a Get (a bill of divorce).
(b) For example, Reuven was Mekadesh one of two sisters (or one of a
mother/daughter pair or one of a mother/granddaughter pair) without
specifying which woman he was Mekadesh. He handed one Perutah of Kidushin to
the two of them simultaneously (e.g. they both appointed the same agent to
accept Kidushin for them, and Reuven gave a Perutah to him to be Mekadesh one
of them), stating that he wants to be Mekadesh "one of them," without
specifying which one. According to the opinion that the Kidushin are valid,
one of the two women become married to him, and since it is not known which
is the married one both women need a Get mi'Safek (because of the doubt
involved). According to the other opinion, no Get is required at all, since
Reuven is prohibited from having relations with either of them because of the
doubt. (One of them is his wife and the other is the sister -- or daughter or
granddaughter -- of his wife; therefore the possibility exists that any one
of them is his wife's sister -- or daughter or granddaughter -- who is
prohibited to him mid'Oraisa).
(c) This Halachah only applies to Chayavei Kerisus, where the Isur stems from
the Kidushin of the first woman, such as a man who is Mekadesh one of two
sisters (as described above). It does not apply to a man who is Mekadesh a
woman who is prohibited to him because of a Lo Sa'aseh (Chayavei Lavin). Even
though he is prohibited from having marital relations with her, the Kidushin
is called Kidushin *ha'Mesurin* l'Vi'ah, since in this case the prohibition
against marital relations does not stem from the Kidushin (TOSFOS DH
Kidushin).
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