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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 9
YEVAMOS 6, 7, 8, 9 (Chanukah) - dedicated by Uri Wolfson and Naftali Wilk in
honor of Rav Mordechai Rabin of Har Nof, a true beacon of Torah and Chesed.
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9) THE SACRIFICE FOR A MISTAKEN RULING
(a) Also, Beis Din brings the sacrifice for a mistaken ruling
in idolatry which pertains to Kares/Chatas.
(b) This was also learned in a Mishnah.
(c) (Mishnah): Any Mitzvah punishable by Kares/Chatas, an
individual brings a female goat or lamb; the Nasi brings
a male goat; the Kohen Gadol and Sanhedrin bring an ox;
(d) In idolatry, an individual, the Nasi or Kohen Gadol bring
a goat; the congregation brings an ox as an Olah (burnt
offering), and a goat as a Chatas (sin offering).
(e) Question: What is the source for this?
(f) Answer (Beraisa): "And the sin they sinned Aleha becomes
known" - Rebbi says, we learn a Gezerah Shaveh.
1. "Aleha" is also said by a wife's sister, a sin
punishable by Kares/Chatas when done
deliberately/accidentally - here also, the sin
discussed is punishable by Kares/Chatas.
(g) Question: This only answers for the congregation - how do
we know this by the Kohen Gadol?
(h) Answer: "For the guilt of the nation" - the Torah equates
him to the congregation.
1. An individual and the Nasi are learned from a
Gezerah Shaveh "Mitzvos-Mitzvos".
(i) (Mishnah): "By idolatry ... Kares/Chatas".
1. A Gezerah Shaveh "Einei-Einei" teaches this law for
the congregation.
2. An individual, Nasi or Kohen Gadol are learned from
"And if one soul" - each of these is a soul!
i. "And" shows that we learn the latter Parsha
from the previous one.
10) THE SOURCE FOR CHACHAMIM
(a) Question: How do Chachamim learn this?
(b) Answer: As R. Yehoshua taught his son, "There will be one
law for you, for one who does inadvertently"; "The soul
that will deliberately sin".
1. The entire Torah is equated to idolatry. Just as
idolatry is punishable by Kares/Chatas, the former
verse also deals with such sins.
(c) Question: This teaches an individual, Nasi and Kohen
Gadol both by regular sins and idolatry.
1. How do we know the law of the congregation by
idolatry?
2. Answer: "And if a soul" - we learn the law of the
congregation from the law of an individual, which is
written after it.
3. How do we know the law of the congregation by other
Mitzvos?
4. Answer: A Gezerah Shaveh "Me-einei - Me-einei".
(d) Question: What does Rebbi learn from "One law"?
(e) Answer (Beraisa): We see that the Torah distinguished
between individuals and a multitude (by an idolatrous
city) - individuals are killed by stoning, so their money
is saved; a multitude is killed by the sword, so their
money is destroyed;
(f) One might think, their sacrifices are different - "There
will be one law for you".
(g) Question (Rav Chilkiyah): If not for this verse, a
multitude would bring a different sacrifice - what would
they bring?
1. Suggestion #1: Let them bring an ox - but the
congregation brings this for other Mitzvos!
2. Suggestion #2: Let them bring a female sheep - but
an individual brings this for other Mitzvos!
3. Suggestion #3: Let them bring a goat - but the Nasi
brings this for other Mitzvos!
4. Suggestion #4: Let them bring an ox as an Olah and a
goat as a Chatas - but the congregation brings this
for idolatry!
5. Suggestion #5: Let them bring a female goat - but an
individual brings this!
(h) Answer #1: Since the congregation brings an ox as an
Olah and a goat as a Chatas for a mistaken ruling, I
would think that an idolatrous city brings the reverse.
1. Answer #2: Or, one would think that they must bring
a different sacrifice, but have no solution!
2. "One law" teaches not like this.
11) AN ADDITIONAL CASE IN THE MISHNAH
(a) Question (Levi): Why didn't the Mishnah teach a 16th
case?
(b) Rebbi: It seems that (Levi) has no brain in his skull.
1. Do you think he should teach a man's mother who was
raped (i.e. never married) to his father? R. Yehudah
and Chachamim argue on this, and the Tana does not
list cases subject to dispute.
i. Question: But the Mishnah lists Chaivei Lavin
and Rabbinic prohibitions, which R. Akiva and
Chachamim argue over!
ii. Answer: In our chapter we do not list cases of
dispute.
iii. Question: But our chapter teaches that Beis
Shamai permit the Tzaros to the brothers, and
Beis Hilel prohibit!
iv. Answer: Beis Shamai is not considered a
dissenting opinion against Beis Hilel (since
the law is always as Beis Hilel).
v. Question: We teach the case of a widow of a
brother that died before the Yavam was born, on
which R. Shimon and Chachamim argue!
9b---------------------------------------9b
vi. Answer: When the Yavam was born before his
older brother did Yibum, R. Shimon agrees.
vii. Objection: But R. Ushiya said that R. Shimon
argues even in this case!
viii.Answer: R. Ushiya was refuted.
2. Question: Rav Yehudah taught that in each case, one
can find that the woman prohibited to this brother
is permitted to this one, and the woman prohibited
to this brother is permitted to this one, and the
sister of an Ervah that falls to Yibum (with her
sister) does Chalitzah, not Yibum.
3. Rav Yehudah applied this to the cases starting with
mother-in-law, but not in the first 6 cases.
i. This is because this scenario with one's
daughter can only arise through rape, not
through marriage - we do not deal with such
cases.
4. Abaye applied this even to the case of one's
daughter.
i. The scenario can arise, even if it only arises
in a forbidden way.
5. We do not include the scenario for the case of a
widow of a brother that died before the Yavam was
born.
i. This is because it only arises according to R.
Shimon, not to Chachamim - we are not dealing
with disputes.
6. Rav Safra includes the scenario for the case of a
widow of a brother that died before the Yavam was
born.
i. The case arises with 6 brothers, according to
R. Shimon.
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