Ask A Question on the daf

Previous daf

6) WHY THE TORAH HAD TO PROHIBIT YIBUM WITH CLOSE RELATIVES

(a) It is a proper comparison when the deceased brother married his wife before the surviving brother married her sister.

1. Amidst the permission to marry his brother's wife, he would be allowed to marry his wife's sister (had the Torah not said Aleha).

(b) Question #1: If the surviving brother married before the deceased brother, the prohibition of one's wife sister comes first!
(c) Question #2: Even when the deceased brother married before the surviving brother, the comparison is only good if the deceased brother died before the surviving brother married.

1. In this case, the widow was permitted in the interim.
2. But if the deceased brother died after the surviving brother, the widow was never permitted!

i. Doesn't Ula admit, if the man had an emission the night of his 8th day, he may not enter his thumb into the Temple, since he could not enter at a time fitting to bring his sacrifice!

(d) Answer: Correct; Aleha is only needed for the case when the deceased brother married and died before the surviving brother married.
(e) Answer #3 (To 3:b, Daf 5B): If Aleha was not written, we would learn from a Hekesh that all relatives may do Yibum.

1. (R. Yonah): "All ... we get Kares" - all Arayos are equated to a brother's wife.

i. (One would think) just as a brother's wife is permitted (in Yibum), so all relatives are permitted.
ii. Therefore, it was needed to write Aleha.

2. Question (Rav Acha mi'Difti): The Ervah can be compared to a brother's wife, or to a wife's sister. Why compare them (above, Daf 3B) to a wife's sister and not to a brother's wife?
3. Answer #1(Ravina): We compare to be stringent, rather than lenient.
4. Answer #2 (Ravina): The other Arayos have 2 prohibitions (itself, and a brother's wife). It is better to learn from the wife's sister, which also has 2 prohibitions, and not from a brother's wife, which has only one.

(a) Answer #4 (To 3:b, Daf 5B - Rava): We do not need a verse to say that the Ervah is forbidden - an Asei does not override a Lav with Kares!

1. Aleha is needed to say that the Tzarah is forbidden.

(b) Question: Do we really not need a verse to teach that the Ervah is forbidden?

1. (Beraisa): 'This only teaches me her (the Ervah)...'

(c) Answer: This was only said to show the source of the prohibition of the Tzarah.
(d) Question (Beraisa): 'This only teaches me them (the Arayos) ... '
(e) Answer: This was only said to show the source of the prohibition of their Tzaros.
(f) Question (Beraisa - Rebbi): "He will take - her; and will do Yibum - on her" - to prohibit Tzaros and Arayos.
(g) Answer: It means, the Tzaros of Arayos.
(h) Question: But 2 teachings are used!

1. Suggestion: One teaches about the Ervah, and one about the Tzarah!

(i) Rejection: No, both come to teach about the Tzarah - one to prohibit her in the situation of Yibum, and one to permit her not in the situation of Yibum.

1. Question: How do we know this?
2. Answer: "He will do Yibum - on her" - she is only forbidden in the situation of Yibum.

(j) (Rav Ashi): The Mishnah supports Rava.

1. It teaches, 15 women exempt their Tzaros - it does not need to say that the Arayos themselves are exempt.

(k) Question: Why doesn't the Ervah require a verse - because an Asei does not override a Lav with Kares!

1. The same should teach that the Tzarah is also forbidden!

(l) Answer: (Rav Acha Bar Bivi): Rava said, a verse is not needed to prohibit the Tzarah - rather, it is needed to permit the Tzarah when not in the situation of Yibum!

(m) Question: How do we learn this?
(n) Answer #!: "Aleha" - she is only prohibited in the situation of Aleha.

1. Question (Rami Bar Chama): Why not say that the Ervah herself is permitted not in the situation of Yibum!
2. Answer (Rava): Is it not a Kal v'Chomer - if she is forbidden in the situation of Yibum, all the moreso when there is no Mitzvah!
3. Question (Rami Bar Chama): The Tzarah disproves this Kal v'Chomer - she is forbidden in the situation of Yibum, and otherwise permitted!
4. Answer (Rava): The Torah wrote "In her lifetime" to disprove this reasoning - she (the sister of one's wife) is always prohibited in her (one's wife's) lifetime.
5. Question: We need this verse to show that she is permitted after the wife dies!
6. Answer: That is learned from "A woman to her sister".
7. Objection: If it only wrote that, I would think she is permitted after the wife is divorced!

i. Therefore, it was needed to say "In her lifetime".

(o) Answer #2 (Rav Huna Bar Tachlifa): One verse says, do not take a woman upon her sister to be a rival; another says, to reveal her (singular) Ervah.

1. Both are forbidden in a situation of Yibum; elsewhere, the Ervah is forbidden, the Tzarah is permitted.
2. Question: Why not say the opposite - in a situation of Yibum, the Ervah is forbidden, the Tzarah is permitted; elsewhere, they are both forbidden!
3. Answer: If so, the Torah would have omitted "Aleha".
4. Question (Rav Ashi): How do we know that "Aleha" comes to say that she is forbidden?

i. Perhaps it comes to say that she is permitted!
ii. "Do not take a woman upon her sister" - both are forbidden, not in the situation of Yibum; but by Yibum, both are permitted!

5. Answer: If so, where do we establish "to reveal her Ervah (singular)"?

i. In the situation of Yibum, both are permitted!
ii. Not in the situation of Yibum, both are forbidden!

(a) (Beraisa - Rebbi): "He will take - her; and will do Yibum - on her" - to prohibit Tzaros and Arayos.
(b) Question #1: Tzaros and Arayos are not mentioned in the verse!
(c) Question #2: We derive Tzaros from Litzror!
(d) Answer (To Question #2): Rebbi uses Litzror for R. Shimon's teaching.
(e) Answer (To Question #1): The Torah said "He will take *her*" to teach that when they are 2 women to be taken (Yevamos), and he can take whichever he wants, they are permitted; if not, both are forbidden.
(f) "He will do Yibum *to her*" - in the situation of Yibum, the Tzarah is forbidden; elsewhere, she is permitted.
(g) Question: What do Chachamim learn from "He will take her"?
(h) Answer: As R. Yosi Bar Chanina's teaching - that he can divorce her with a document of divorce and remarry her.

1. "He will do Yibum to her" - against her will.
2. Rebbi learns R. Yosi Bar Chanina's law from "As a wife"; he learns that Yibum works against her will from "Her Yavam will come upon her".

(i) Question: What does Rebbi learn from Aleha?
(j) Answer: As in this Beraisa.
(k) (Beraisa): Beis Din must only bring the sacrifice for a mistaken ruling regarding a Mitzvah punishable by Kares (intentionally) and Chatas (inadvertently); the same applies to an anointed Kohen Gadol.