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Yevamos 84
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YEVAMOS 84-85 - The last two of four Dafim dedicated in honor of Dr. Charles
and Rosalind Neustein, whose retirement to Florida allows them to spend even
more time engaging in Torah study!
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1) [line 1] YOTZEI DOFEN
A child or animal born by a Caesarian birth is called a Yotzei Dofen (lit.
it went out through the wall [of the abdomen]). Certain Halachos are
associated with the Yotzei Dofen:
(a) There is a Machlokes between Tana Kama and Rebbi Shimon (Nidah 40a) as
to whether a child who is a Yotzei Dofen causes its mother to have Yemei
Tum'ah and Yemei Taharah after its birth. Tana Kama holds that it does not.
Rebbi Shimon rules that a Yotzei Dofen has the Din of a normal child with
this respect.
(b) A firstborn Yotzei Dofen does not have a Din of a Bechor. A child will
not require a Pidyon ha'Ben and an animal will not be offered as the Bechor
sacrifice (see Background to Chagigah 7:13). The next child or animal born
to its mother is also not considered a Bechor, since the Yotzei Dofen
exempts it from the Din of Bechor.
(c) If a person is Makdish a Yotzei Dofen it does not get Kedushas ha'Guf
(its body does not attain the sanctity of a Korban). It is similar to other
animals that had a defect before they were sanctified. Their value is given
to Hekdesh and the animal becomes Chulin.
2) [line 3] TEMURAH
(a) The Torah states, "Do not try to transfer or exchange it (an animal that
has been designated as a Korban) [for another animal], neither a good animal
for a bad one nor a bad one for a good one. If you do exchange an animal [of
Kodesh] for another animal [that is not], both the original animal and the
one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch
explains that the reason for the prohibition of Temurah is to teach us the
proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH
351, 352).
(b) The second animal, or the Temurah, is a valid Korban, and if it has no
Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach
(unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes).
Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he
receives Malkos (see Chart to Temurah 17a).
3a) [line 7] BEIS BUKYA - (a) the name of a place; (b) that are experienced
(Beki'im) and resolute
b) [line 7] TARNEGOLIM SHEL BEIS BUKYA - the experienced (Beki'im) and
resolute roosters of Beis Bukya do not let any unfamiliar roosters mingle
with them (RASHI)
*****PEREK #9 YESH MUTAROS*****
4a) [line 32] BELA'OS - (a) [the husband does not have to return] the
remnants [of the Nichsei Tzon Barzel (see next entry)] (RASHI); (b) [the
husband does not have to pay for the Nichsei Tzon Barzel that he used up and
are] no longer in existence (TOSFOS and other Rishonim)
b) [line 32] BELA'OS (NICHSEI TZON BARZEL)
(a) A woman brings into her marriage two types of possessions, as follows.
(b) Possessions that the wife owned before marriage, the values of which
were estimated and written in the Kesuvah, to be returned to her in full
upon divorce or the husband's death. These are called Nichsei Tzon Barzel
("Iron Flock Properties") because their value does not change between the
time of marriage and the time of divorce or the husband's death.
(c) Possessions that were not estimated and their values were not specified
in the Kesuvah. Upon divorce or the husband's death, the property is
returned as is, regardless of its appreciation or depreciation (or
deterioration) over the years. These are referred to as Nichsei Milug
("Properties that are Plucked"), because for the duration of the marriage
the husband may take ("pluck") the produce of these possessions (e.g.
reaping the fruit of a field, or plowing with an ox). However, he may not
"use up" the property itself (e.g. by digging trenches in the field or
slaughtering the ox).
5) [line 39] MISHUM BAS BUKSA - because of the parallel case stated
immediately afterwards
84b---------------------------------------84b
6) [line 9] MITZRI SHENI
(a) Only the grandchild of an Egyptian or Edomite convert may marry into the
Jewish people as stated in Devarim 23:8-9 (Yevamos 76b). One who marries a
first or second-generation Egyptian or Edomite convert transgresses a Lav
ha'Ba mi'Klal Aseh. This prohibition applies to both male and female
converts. If an Egyptian woman married to an Egyptian man converts while she
is pregnant, the child who is born is a Mitzri Sheni (second-generation
Egyptian).
(b) According to most opinions this prohibition does not apply today because
the Egyptians and Edomim about whom the Torah speaks have become lost among
the nations (SEFER HA'CHINUCH # 563, 564).
7) [line 12] IY NASUV KI ORCHAIHU - if they marry women who are fit for
them, i.e. the Mitzri Shelishi (who is a proper Jew) marries a Yisraelis and
the Mitzri Sheni marries a Mitris Sheniyah
8) [line 17] PETZU'A DAKA
A Petzu'a Daka is a man who cannot have children because his testicles have
become maimed (Yevamos 70a). He may not marry into Benei Yisrael, as is
stated in Devarim 23:2. He may, however, marry a convert or a freed slave
(Yevamos76a).
9) [line 27] LAV SHE'EIN SHAVEH BA'KOL - a Lav that [applies only to Kohanim
and] does not pertain to all Jews
10) [line 40] HA'ISHAH MUZHERES AL YEDEI HA'ISH - there is a prohibition on
the woman to marry the man
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