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Yevamos 36

YEVAMOS 36 & 37 - sponsored by Hagaon Rav Yosef Pearlman of London, a living demonstration of love for and adoration of the Torah.

1) [line 1] KOL HA'OLEH L'YIBUM OLEH L'CHALITZAH, V'CHOL SHE'EIN OLEH L'YIBUM EINO OLEH L'CHALITZAH
(a) Chazal teach (Yevamos 20a) that every woman whom the Torah requires to have Yibum may also perform Chalitzah. Similarly, when a woman has no Zikah for Yibum (i.e. she is not bound to one or more Yavam by the Torah in order for him to perform Yibum with her), she is not required to perform Chalitzah either. She may marry whomever she pleases, immediately. The reason for this is that when there is no Zikah for Yibum, it is a sign that no connection at all exists between the brother of the deceased and the deceased's wife.
(b) There are some exceptions to this rule:

1. When a doubt exists as to whether there is an obligation to do Yibum or not, the Yavam performs Chalitzah and not Yibum, because of the doubt (RASHI Yevamos 3a DH Havah Amina).
2. When mid'Oraisa there is an obligation to perform Yibum but mid'Rabanan Yibum cannot be performed (e.g. an Ervah mid'Rabanan), the Yavam performs Chalitzah and not Yibum (Yevamos 20a).
3. When the Yavam is prohibited from performing Yibum because of an Isur Aseh or Lo Sa'aseh mid'Oraisa, he still must perform Chalitzah. These Isurim do not have the power to remove the Zikah for Yibum entirely (ibid., RASHI Yevamos 9a DH v'Harei).
*2*) [line 5] BI'AS ME'UBERES LO SHEMAH BI'AH - that is, when the child is viable (RASHI)

*3*) [line 7] VE'HAVELAD EINO POTER AD SHE'YETZEI LA'AVIR HA'OLAM - that is, even though neither Yibum nor Chalitzah can be performed with a woman who is pregnant, if the child is viable, nevertheless the prohibition of "Yevamah l'Shuk" (marrying anyone other than the Yavam) *does* still apply to her, until her child is born.

4) [line 22] NAFAK, DAK, V'ASHKACH - he went out, examined the Mishnayos, and found

5) [line 32] BAR MINAH D'HA'HI - (lit. except for that) exclude that Mishnah from our discussion, that is, there is no proof for the opinion of Reish Lakish from that Mishnah (RASHI)

6) [line 22] ATAH MATZRICHAH KERUZ LA'KEHUNAH - you will necessitate a proclamation for her that she is permitted to marry Kohanim (since the Chalitzah that was performed with her may have been unnecessary should her Tzarah be found to have a viable child)

7) [line 43] HA'MECHALEK NECAHSAV AL PIV - a person on his deathbed who gives instructions as to how to allocate his property, [not in accordance with the usual rules of inheritance]

36b---------------------------------------36b

8) [line 11] KINYAN PEIROS K'KINYAN HA'GUF DAMI
Rebbi Yochanan and Reish Lakish argue (in Bava Basra 136a) as to whether buying fruits that will be produced (e.g. the fruits of a tree or the slaves to which a maidservant will give birth) gives the owner of the fruits a certain amount of Halachic ownership in the object that bore the fruits.

9) [line 31] EINO NEFEL - it does not have the status of a stillborn; i.e. the baby is considered a living being only after it has lived for thirty days

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