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Yevamos 109
1) [line 12] MISAH MAPELES/NISU'IN HA'RISHONIM MAPILIM
(a) When a man dies childless, a bond called "Zikah" is formed between his
wife (or wives) and her brother-in-law (or brothers-in-law) for the purpose
of performing the Mitzvah of Yibum. The wives of the dead brother may not
marry until one of them has performed Yibum or Chalitzah with one of the
brothers-in-law.
(b) The Tana'im argue over which point in time marks the beginning of the
process of Yibum when a man dies childless. According to some, it starts at
the moment the childless brother dies and Zikah is forged ("Misah Mapeles").
Others maintain that the beginning of the process of Yibum can be traced
back to well before the actual Zikah is forged. In a sense, the woman begins
to fall to Yibum from the moment that she marries the person who will
eventually die childless ("Nisu'in Mapilim"). Yet others maintain that if
the woman married and was divorced, and then remarried the person who
eventually dies childless, the process of Yibum starts, to some measure,
from the moment that she was *first* married to him, and not from when she
became remarried to him ("Nisu'in ha'Rishonim Mapilim").
(c) All of the above opinions agree that whether or not there is an
obligation of Yibum depends on whether the dead husband was childless at the
time of *his death*. All agree, as well, that only if the husband *dies*
childless does "Zikah" take effect, and not if he *divorces* his wives. They
argue over a number of specific Halachos in Yibum, e.g. the Petur of Tzaras
Ervah mentioned at the end of the Mishnah 2b (see Background to Yevamos
30:8d).
2) [line 16] D'YASVA TUSEI - she is living with him
3) [line 17] D'AHADRAH B'URSA - that he remarried her at night
4) [line 17] SHACHIV B'TZAFRA - and died the following morning
5) [line 36] EI LO AL ISHTO; EI LO AL ESHES ACHIV! - Woe to him for his own
wife; woe to him for his brother's wife!
6) [line 39] HAFARAS NEDARIM - Annulling vows
(a) A man has the right to annul certain vows of his wife and his daughter,
as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this if on
the day that he hears the vow he states "Mufar Lach" ("it is annulled").
There is an argument among the Tana'im whether the vow must be annulled
before nightfall on the day the husband/father heard it, or before 24 hours
pass from when he heard it (Shabbos 157a).
(b) A father may annul the vows of his daughter while she is a minor or
Na'arah (when she grows two pubic hairs) until she becomes a Bogeres (six
months after she becomes a Na'arah). If the father marries her off when she
is a minor, during the period of Eirusin both the father *and* the future
husband must annul the vows for them to be considered annulled. After the
period of Nisu'in, the husband may annul the vows and not the father. Nobody
may annul the vows of an unmarried *mature* woman; they need to be revoked,
as follows.
(c) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim)
or Nezirus, he may have it revoked by a Beis Din of three (if they are not
outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The
general method used is that Beis Din investigates whether the person would
not have made the Neder in the first place had he been aware of a particular
fact.
7) [line 40] PIKDONOS - trusts, deposits (receiving people's items to watch)
8) [line 40] EIRVONOS - becoming a guarantor on people's loans
109b---------------------------------------109b
9) [line 5] BAMAH (BAMAH GEDOLAH / BAMAH KETANAH)
(a) A Bamah is a raised area used for sacrifices. Before the Beis ha'Mikdash
was built (when the Mishkan was not in use), there were times when it was
permitted to offer sacrifices on public altars (Bamas Tzibur or Bamah
Gedolah) and private altars (Bamas Yachid) (see Insights to Pesachim 91:2).
(b) BAMAS TZIBUR: Only one public altar was in use at any particular time.
At various times in our history, the Bamas Tzibur was in Gilgal (where the
Mishkan stood before the land was completely conquered, until it was moved
to Shiloh), Nov and Giv'on (after the Mishkan in Shiloh was destroyed, see
Zevachim 112b). An individual could offer only voluntary sacrifices on a
Bamas Tzibur. There is a difference of opinion among the Tana'im as to
whether all communal sacrifices could be offered on a Bamas Tzibur or only
the communal sacrifices that have a fixed time (Zevachim 117a).
(c) BAMAS YACHID: Any man, even if he was not a Kohen, could build a Bamas
Yachid anywhere in Eretz Yisrael and offer upon it his personal sacrifices.
Only voluntary sacrifices were allowed to be offered on a Bamas Yachid.
10) [line 7] DILMA GADLA U'MICHARTA BAH - perhaps she will grow older and
regret her Mi'un
11a) [line 8] B'VAR MASA - [this is referring to not receiving something to
watch from] someone who lives in his (the watchman's) city
b) [line 8] D'VAISEI KI BAISEI DAMI - since it is as if his own house is
his neighbor's house (his neighbor has the opportunity to come in and take
back the things he gave him to watch and then surreptitiously demand them
returned)
12) [line 9] ARAVEI SHELTZIYON - guarantors of Sheltziyon, which is (a) a
place where creditors demand payment from the guarantor rather than the
debtor; (b) a type of guarantee in which the creditor can demand payment
from the guarantor rather than the debtor. The word is a composite of
"*Shel*of - Do*tz*" - he "extracts" himself from collecting from the debtor
and "transfixes" himself on the guarantor
13) [line 10] "RA YERO'A KI ARAV ZAR, [V'SONEI SOK'IM BOTE'ACH.]" - "He who
gives surety for a stranger will be utterly broken; but he who hates
suretyship (alt. handshakes) is secure." (Mishlei 21:15)
14) [line 12] TOKE'A ATZMO LI'DEVAR HALACHAH - he who "set himself in" to
the matter of the law, as the Gemara continues to explain
15) [line 14] SAPACHAS B'OR - like a mark of Tzara'as on the skin
b) [line 14] K'SAPACHAS
The names and colors of four types of marks that make a person a Metzora are
1. Baheres, which is the color of snow; 2. Se'es, which is the color of
clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color
of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es,
which is the color of the white membrane found on the inside of an egg.
16) [line 14] D'AVDEI SHELOF DOTZ - [creditors] who operate by demanding
payment from the guarantor rather than the debtor (see above, # 12)
17) [line 26] AGRA - reward [for the Mitzvos that his students do]
18) [line 38] MITLA TALU - are hanging, hovering
19) [line 44] KI NAYIM V'SHACHIV - I think that Rav must have been dozing
off or sleeping when he stated this teaching
20) [line 50] D'AMRAH, HU ADIF MINAI V'ANA ADIFNA MINEI - (a) since she
says, "He is greater than I (in that he can divorce me against my will) and
I am greater than he (in that I can perform Mi'un and leave him against his
will) (RASHI); According to the Girsa *D'AMAR ANA ADIFNA MINEI V'HU ADIF
MINAI* - (b) Rav Sheshes said about Ravin brei d'Rav Nachman, "Although I
know many more Beraisos and Mishnayos than he does, he is greater than I in
answering this Beraisa according to Rav." (RABEINU HAI GA'ON, cited by the
RASHBA); (c) "I though that I was better than he, but now I see that he is
wiser than I, because he was able to answer this Beraisa according to Rav"
(RA'AVAD)
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