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Yevamos 92
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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 17] YIKOV HA'DIN ES HA'HAR - let the law cut through the mountain
(justice under all circumstances)
2) [line 18] CHATAS SHEMEINAH - a fat Korban Chatas (which is a female sheep
or goat)
3) [line 28] ATUN HU (D'SHAVISIN) [D'SHAVISUNI] PENUYAH - you are the ones
who declared me an unmarried woman
4) [line 45] EIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a) There are women whom the Torah prohibits to certain men. However, if
these men transgress a Torah prohibition and are Mekadesh (betroth) them the
Kidushin are valid. Other women are prohibited to the extent that even if
the men are Mekadesh them, the Kidushin are not valid.
(b) The Tana'im argue, based upon differing interpretations of the verses of
the Torah (Kidushin 67b-68a), with which women Kidushin are valid and with
which women Kidushin are not valid.
1. According to most of the Tana'im, Kidushin are valid with women who are
prohibited only with a Lav and/or an Aseh. Kidushin are not valid with women
who are prohibited with an Isur Kares (such as the Arayos that the Torah
prohibits in Parshas Acharei Mos, Vayikra 18:6-23).
2. Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin
are not valid even with those women who are prohibited with an Isur Lav. The
Tana'im argue further with regard to the opinion of Rebbi Akiva, as to
whether Kidushin are not valid only with some of the Chayavei Lavin (those
women who were never permitted to the man in question), or with all of them.
Additionally, one Tana claims that according to Rebbi Akiva, Kidushin are
not valid with Isurei Aseh either (see "Mamzer," Background to Yevamos
68:5).
(c) Another result of the above-mentioned argument applies to Mamzerim.
According to the opinion that rules that only Kidushin with Chayavei Kares
are not valid, the children of Chayavei Lavim are not Mamzerim. According to
Rebbi Akiva and those Tana'im who rule that Kidushin with Chayavei Lavim are
not valid either, the children of Chayavei Lavim are also Mamzerim (see
"Mamzer," in the Background to 68:5).
(d) According to all opinions, Kidushin may not be effected with a
non-Jewish maidservant or a Nochris, even though the prohibition against
marrying them is not a Isur Kares, since the institution of Kidushin does
not exist with regard to these women (see Insights to Yevamos 45:1).
92b---------------------------------------92b
5) [line 4] BA'ANIYUSEINU - (lit. in our poverty, i.e. lack of knowledge
with regard to the meaning of the verse) in my humble opinion
6) [line 10] ISGUREI ISGAR? - does he profit?
7) [line 20] D'MICHLAFA B'ISHAH SHE'HALACH BA'ALAH LI'MEDINAS HA'YAM - since
this case (the Yevamah who gets *married* to someone other than the Yavam)
is similar to the case (in the first Mishnah of our Perek) of the woman
whose husband went overseas [and she remarried based upon the testimony of
one witness who reported that her husband died]
8) [line 22] B'CHABURAH NIMNU V'GAMRU - at a meeting of scholars, they took
a tally and established
9a) [line 27] IY LAV D'DELA'I LACH CHASPA - Had I not lifted up for you the
potsherd
b) [line 28] MI MASHKACHAS MERGENISA TUTEI? - would you have found the gem
beneath it? (i.e. if I would not have told you about the vote, you would not
have realized that the reason for the Mishnah's ruling is that Kidushin with
a woman who is a Yevamah do not take effect. Rather, you would have assumed
that Kidushin with a Yevamah would take effect, and you would have thought
that in the case of the Mishnah, the Kidushin with the Yevamah are not valid
because "a person cannot acquire a thing that has not yet entered the
world." Since the person was trying to make the Kidushin take effect *after*
the woman would become free of her Yevamah status, *that* woman has not yet
entered the world.)
10) [line 28] D'KALSACH - who praised you
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