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Yevamos 107
YEVAMOS 107 - this Daf has been dedicated by Herb Smilowitz and family of W.
Orange N.J. May they be blessed with health and long years, and continue to
see much Yiddishe Nachas from all of their children!
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*****PEREK #13 BEIS SHAMAI*****
1) [line 1] MEMA'ANIN (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a
Get (a bill of divorce). A girl who is married off by her father cannot
annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
2) [line 12] LEFI SHE'EIN TENAI B'NISU'IN - because a person cannot make his
marriage dependent on keeping a stipulation; (e.g. you are Nesu'ah to me on
the condition that you give me 100 Zuz)
3) [line 26] PEIREI - Fruits of Nichsei Milug
A woman brings into her marriage two types of possessions, as follows:
1. 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.
2. 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 (Peiros) 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).
4) [line 28] SHAMIT V'ACHIL LEHU MINAH - he will take them away from her and
consume them
5) [line 30] ASHBUCHEI MASHBACH LEHU - he will [try to] make them more
valuable
6) [line 31] AITZEI LAH KEROVEHA - her relative will give her advice
7) [line 31] U'MAFKEI LAH MINEI - and they will cause her to leave him
8) [line 36] MEMA'ENES L'MA'AMARO V'EINAH MEMA'ENES L'ZIKASO - a girl less
than twelve years of age may refuse to undergo Yibum by exercising her right
of Mi'un (refusal --see above, entry #1) in order to annul the Ma'amar (See
Background to Yevamos 95:3) of the Yavam who has given her money or a Shtar
to effect Ma'amar (the equivalent of Kidushin with respect to Yibum).
However, she may not annul her original marriage (to the now-deceased
brother) along with the Zikah to the surviving brother through exercising
Mi'un on the Yavam; she or her Tzarah (co-wife) must undergo Chalitzah
before she is free to marry whomever she chooses.
107b---------------------------------------107b
9) [line 18] LO RA'INA BACH - I do not want you
10) [line 18] V'LO TZAVINA BACH - and I do not desire you
11) [line 27] PISHON HA'GAMAL - Pishon, the camel driver
12) [line 29] B'MIDAH CHEFUSHAH MADAD - he measured with an inverted
measure, i.e. he dealt unfairly
13) [line 30] TREI KITREI AVDU BEI - (lit. two conspiracies were perpetrated
against him) that is, a married woman is not being permitted to remarry just
because her husband dealt unfairly with her property. Even though she,
according to Beis Shamai, should be prohibited from performing Mi'un (in
which case she is still a married woman), nevertheless since the marriage
was mid'Rabanan, the Rabanan had the right to annul the marriage
retroactively as they saw fit (TOSFOS)
*14*) [line 36] MACHSHIRIN BI'SHENAYIM - i.e., even two witnesses suffice
for Chalitzah; a Beis Din is not needed. (In fact, even two witnesses are
not needed. Chalitzah is valid even if it is done in front of a *single*
witness, TOSFOS, see Insights to the Daf.)
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