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Yevamos 91
YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 5] KENASA - penalty
2) [line 8] KESUVAS BENIN DICHRIN
One of the stipulations of marriage which are imposed by Beis Din and which
are written explicitly in the Kesuvah (the Jewish marriage contract) is
called "Kesuvas Benin Dichrin." If the wife dies before her husband, her sons
inherit the full value of her Kesuvah when he dies (and not the sons of his
other wives), aside from the remainder of the estate (which is split equally
between all of the sons).
*3*) [line 14] V'LO MID'RABANAN - that is, the Rabanan did not *permit him*
to perform Yibum (and the Torah did not *require him* to perform Yibum) --
see Insights.
4) [line 16] BASRA'EI MODU L'KAMA'EI - the [Tana'im who appear] later [in the
Mishnah] agree to the earlier [Tana'im]
5) [line 23] L'MISHKAL U'MEIPAK KAI - that she is meant to collect and leave
him
6) [line 38] GANAVA GENUVEI LAMAH LACH? - Why do you say your ruling in a
sneaky fashion, "like a thief," as if it is agreed upon by all of the
Tana'im? Say openly that you rule like Rebbi Shimon! (RITVA, 1st explanation.
See there for an alternate explanation.)
7) [line 43] AMINA, KI NAYIM V'SHACHIV RAV, AMARAH L'HAI SHEMA'ATA - I think
that Rav must have been dozing off or sleeping when he stated this teaching
*8*) [line 47] AL PI EDIM LO BAYA GITA - that is, it is clear that the
Rabanan do not require the second husband to give a Get [and from this it may
be implied that they did not apply any of the other penalties of the Mishnah
either]. (See Tosfos DH Al)
91b---------------------------------------91b
9a) [line 7] KASAV L'SHEM MALCHUS SHE'EINAH HOGENES - if a Sofer wrote a Get
[when he was in one kingdom, counting according to the years of a different
kingdom; e.g.] according to the Roman kingdom [when he was in Bavel] (RASHI
to Gitin 79b)
b) [line 7] MALCHUS SHE'EINAH HOGENES - (lit. an improper kingdom) this
refers to the Roman Empire that is termed "improper" because (a) they did not
have their own language or script. The Latin language was not native to Italy
but was brought into the Italian Peninsula by Italic peoples who migrated
from the north. The Roman alphabet was adapted from the early form of the
Etruscan alphabet. (RASHI); (b) they do not have a distinct idiom spoken only
by the monarchy (TOSFOS YESHANIM, TOSFOS to Avodah Zarah 10a DH she'Ein,
quoting RI)
10) [line 12] L'AKRUYEI L'GITA - to have the Get read [in front of an expert]
11) [line 16] L'AMTUNEI - to wait
12) [line 22] SHOVER - a receipt (for the Kesuvah, given to the husband or
his heirs after the value of the Kesuvah is collected)
13) [line 32] GET KERE'ACH (GITEI NASHIM)
(a) In order for a man to divorce his wife, he must write her a Get (bill of
divorce), as it states in Devarim 24:1. A Get may be written on any surface,
including paper, parchment, potsherds, leaves that do not wither, the hand of
a slave and the horn of a cow (RAMBAM Hilchos Gerushin 4:3).
(b) Two types of Gitin were in use at the time of Chazal: a Get Pashut and a
Get Mekushar. A Get Pashut is written on a piece of parchment, etc. that is
Pashut (spread out and unfolded). A Get Mekushar is written in a very
cumbersome manner. One or two lines are written, part of the parchment is
folded over the writing and the fold is sewn down. A witness must sign on
each part that is folded over. A Get Kere'ach "has more folds than
signatures" and is invalid, since it lacks the number of signatures required.
The Get Mekushar was instituted so that quick-tempered Kohanim would not be
able to divorce their wives easily, since a Kohen may not marry a divorcee.
It was assumed that the amount of time necessary to write a Get Mekushar
would give the Kohen time to calm down.
(c) A Get must be written for the sake of the woman who is to be divorced, as
is learned from the verse in the Torah, "v'Kasav *Lah* Sefer Kerisus" - "and
he must write *for her* a bill of divorce" (Devarim 24:1). The scribe must
therefore write at least: 1. the name of the wife, 2. the name of the
husband, 3. the place and 4. the words "Harei At Muteres l'Chol Adam" - "You
are hereby free to marry whomever you wish," with the intention that this Get
will be used to divorce this specific woman. (See RAMBAM Hilchos Gerushin
3:7)
14) [line 37] V'ASHINUEYI LEIKU V'LISMOCH? - And should we depend upon those
[forced] answers to dictate the Halachah?
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