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1) THE PROHIBITION OF ONE'S SISTER

(a) Question: Perhaps "The daughter of your father's wife" comes to exclude a sister from Chaivei Lavin!
(b) Answer (Rav Papa): Engagement takes effect by Chaivei Lavin.

1. "When Tiheyenah (will be married) 2 wives to a man, one beloved and one hated".
2. Question: Would one really think that this affects inheritance?
3. Answer: Rather, "Beloved" and "hated" in their marriages, and the Torah says they are both married.

(c) Question: Perhaps "The daughter of your father's wife" comes to exclude a sister from Chaivei Krisus!
(d) Answer (Rava): "The Ervah of your sister, the daughter of your father or mother, born in the house or outside" - whether your father may keep her mother or not, and the Torah calls her your sister.

(a) Suggestion: Say that this comes to include a sister from a slave or Nochris!
(b) Rejection: "The daughter of your father's wife - someone that can be married to your father.
(c) Question: Why say that sisters from Chaivei Krisus are included, and from a slave or Nochris is excluded?
(d) Answer: The former is more logical, since they can be married to others.
(e) Objection: To the contrary! A slave or Nochris, if she converts, can marry your father!
(f) Answer: When she converts, she is a new entity.
(g) Chachamim exclude a sister from a slave or Nochris from "The woman and her children will be to her master".
(h) R. Yosi Bar Yehudah uses one verse to teach about a slave, and one about a Nochris; both verses are needed.

1. If we would only have a verse about a slave, we would think, this is because slaves have no lineage; but a Nochris, who has lineage, her daughter is considered a sister!
2. If we would only have a verse about a Nochris, we would think, this is because she is not commanded in Mitzvos; but a slave, who is commanded in Mitzvos, her daughter is considered a sister!

(i) Question: We see how Chachamim learn about a slave - what is their source regarding a Nochris?

1. Suggestion: If you will say, they learn from a slave - but we just showed that one cannot learn!

(j) Answer (R. Yochanan): "He will veer your son away from me" - your son from a Yisraelis is called your son, but your son from a Nochris is called her son.

1. (Ravina): We hear from this, the son of your daughter from a Yisraelis is called your son.
2. Suggestion: Ravina holds, the child of a slave or Nochri from a Yisraelis is a proper child.
3. Rejection: Granted, the child is not a Mamzer - but he is not proper, either - he is called a disqualified Yisrael.

(k) Objection: This verse only applies to the 7 Kena'ani nations!
(l) Answer: "Will veer" - includes all that will veer away (all Nochrim).

1. This fits R. Shimon, who interprets the reasons for Mitzvos.
2. Question: How can Chachamim learn?
3. Answer: The Chachamim that argue on R. Yosi Bar Yehudah hold as R. Shimon!

3) DOUBTFUL ENGAGEMENT

(a) (Mishnah): A man engaged one of 2 sisters, and does not know which; he gives a divorce document to each;
(b) If he dies, and has one brother, he does Chalitzah to both; if he has 2 brothers, one does Chalitzah and the other Yibum; if both did Yibum, they may keep their wives;
(c) Reuven and Shimon engaged 2 sisters, each does not know which; each gives a divorce document to each;
(d) If each dies, leaving one brother, each surviving brother does Chalitzah to both; if one has 1 brother, and the other has 2 brothers, the lone brother does Chalitzah to both; the others, 1 does Chalitzah and 1 Yibum; if both did Yibum, they may keep their wives;
(e) If Reuven and Shimon have 2 brothers each, 1 brother of Reuven does Chalitzah with 1 woman (call her Leah); 1 brother of Shimon does Chalitzah with the other woman (call her Rachel); Reuven's other brother does Yibum with Rachel; Shimon's other brother does Yibum with Leah;
(f) If both of Reuven's brothers did Chalitzah, Shimon's brothers may not both do Yibum - one must do Chalitzah, the other may do Yibum; if both did Yibum, they may keep their wives.
(g) (Gemara) Suggestion: We learn that engagement which cannot result in marital relations takes effect (he cannot have relations with either sister, since he is in doubt, perhaps it is his wife's sister - nevertheless, the engagement took effect)!
(h) Rejection: No, at the time of engagement, he knew which he engaged; later, he became unsure.

1. The language of the Mishnah proves this - it says, *he* does not know, not *it is not known*.

(i) Question: If so, what does the Mishnah teach?
(j) Answer: When he dies leaving 2 brothers, 1 must do Chalitzah before the other can do Yibum - if not, he (possibly) has relations with the sister of his (true) Yevamah.
(k) (Mishnah): 2 men that engaged 2 sisters ...
(l) Suggestion: We learn that engagement which cannot result in marital relations takes effect!
(m) Rejection: No, at the time of engagement, each knew which he engaged; later, they became mixed up.

1. The language of the Mishnah proves this - it says, *he* does not know, not *it is not known*.

(n) Question: If so, what does the Mishnah teach?
(o) Answer: If one has 1 brother, and the other has 2 brothers, the lone brother does Chalitzah to both.

1. Objection: We learned this already!
2. Answer: We would have thought, we prohibit in this case on account of when each has only 1 brother.

i. The lone brother must do Chalitzah before the Yibum; otherwise, it could be that the woman doing Yibum was supposed to do Yibum with the lone brother!

(p) (Mishnah): Each has 2 brothers ...
(q) Question: What does this teach that we have not already learned?
(r) Answer: We might think, we decreed not to do Yibum, lest they do Yibum before Chalitzah.
(s) Contradiction (Mishnah): There are 4 brothers, 2 are married to sisters, and they died. The surviving brothers do Chalitzah.

1. Why, in our Mishnah, one may do Yibum?