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1) PROPERTY THAT FALLS TO A WOMAN

1. Abaye holds, his hand (rights to acquire property which falls to her) is as her hand.
2. Objection (Rava): If the property fell to her when she is married, all agree that his hand is stronger than hers!

(b) Answer #3(Rava): Rather, in both cases, the property fell after she fell to Yibum. In the first case, no Ma'amar was given in the second case, a Ma'amar was given.

1. Rava holds, Beis Shamai says, Ma'amar makes definite engagement and Safek Nisu'in.

i. It makes definite engagement to exempt the Tzarah.
ii. It makes Safek Nisu'in to split her property.

(c) R. Elazar holds as Rava, R. Yosi Bar Chanina holds as Abaye.
(d) Question: Does R. Elazar really hold as Rava?

1. (R. Elazar): Beis Shamai says that a Ma'amar only acquires to exempt the Tzarah.

(e) Answer #1: Switch the opinions (R. Elazar holds as Abaye, R. Yosi Bar Chanina holds as Rava).
(f) Answer #2: The opinions need not be switched.

1. R. Eliezer only said that Ma'amar does not fully acquire, to say that if he divorces her, Chalitzah is also required; he did not say it does not acquire to share her property.

(g) (Rav Papa): Upon examination, the Mishnah is as Abaye, even though it is difficult, why does the Mishnah deal with the case in which she died.

1. It teaches, property that enters and leaves with her.

i. This suggests, property which enters the jurisdiction of the husband, and leaves to return to the father.

2. It is difficult - why does the Mishnah deal with after her death, who gets the property itself - it could deal with during her lifetime, regarding who eats the fruit!

(a) (Mishnah): If he does Yibum, she is as his wife in all respects ...
(b) Question: What does this teach?
(c) Answer (R. Yosi Bar Chanina): He may divorce her with a Get and remarry her.
(d) Question: It is obvious, he may divorce her with a Get!
(e) Answer: One might have thought, since it says "He will take her as a wife and do Yibum to her" - she is still considered a Yevamah, and is exempted with Chalitzah, not with a Get - the Mishnah teaches, this is not so.
(f) Question: Obviously, he may remarry her!
(g) Answer: One might have thought, he did the Mitzvah the Torah placed on him; now she has the prohibition of a brother's wife - the Mishnah teaches, this is not so.
(h) Question: Why don't we say this?
(i) Answer: "He will take her as a wife" - once he takes her, she is as a wife in all respects.
(j) (Mishnah): Just that her Kesuvah is paid from the property of the deceased.
(k) This is because she was acquired to the Yavam through the hands of Heaven.

1. If the deceased did not leave enough property for a Kesuvah, Chachamim enacted that she has a Kesuvah from the Yavam, so she should not be light in his eyes to divorce her.

(a) (Mishnah): The Mitzvah is for the oldest brother to do Yibum. If he does not want, we see if the other brothers want. If they don't, we tell the oldest, it is your Mitzvah, do Chalitzah or Yibum;
(b) If he says we should wait for a brother who is a minor to grow up, or for the oldest brother to return from overseas, or for a deaf or insane brother to do Yibum, we do not consent; we tell him to do Chalitzah or Yibum.
(c) (Gemara) Version #1: R. Yochanan and R. Yehoshua Ben Levi argued, which is preferred - the Yibum of a younger brother, or Chalitzah of the oldest.

1. The opinion that says, Yibum of the younger is preferred - because the Mitzvah is to do Yibum.
2. The opinion that says, Chalitzah of the older is preferred - because when there is an older brother, Yibum of a younger brother is not the Mitzvah.

(d) (Mishnah): If the oldest does not want, we ask the younger brothers ...

1. Suggestion: The oldest did not want to do Yibum, rather Chalitzah, and we prefer that a younger brother do Yibum!
2. Rejection: No, he did not want to do Yibum nor Chalitzah.
3. Question: Presumably, it should resemble 'if they do not want' - if that also means, not to do Yibum nor Chalitzah, why do we return to the oldest and force him - we should force a younger brother!
4. Answer: Since the Mitzvah is on the oldest, we force him.

(e) (Mishnah): If the oldest said to wait for a brother to grow up, we do not hearken.
(f) Question: If Yibum of a younger brother is preferred, we should wait, perhaps he will do Yibum!
(g) Counter-question: How do you understand, why don't we wait for the oldest brother to return from overseas - perhaps he will do Yibum!
(h) Answer: You must say, we do not delay the Mitzvah.

(i) Version #2: Both agree that the Yibum of a younger brother is preferred. They argue by the Chalitzah of a younger brother.
(j) The Chalitzah of the oldest and a younger brother - R. Yochanan and R. Yehoshua Ben Levi, one said that Chalitzah of the oldest is preferred, the other said that they are equivalent.

1. The opinion that says, Chalitzah of the older is preferred - because the Mitzvah is on him.
2. The other opinion says, this is only regarding Yibum - regarding Chalitzah, they are equivalent.
3. (Mishnah): If they did not want, we return to the oldest ....
4. Suggestion: They did not want to do Yibum, rather Chalitzah, and we prefer that the oldest do Chalitzah!
5. Rejection: No, they did not want to do Yibum nor Chalitzah.
6. Question: If so, we must say, also the oldest did not want to do Yibum nor Chalitzah - why do we force him, we should force a younger brother!
7. Answer: Since the Mitzvah is on the oldest, we force him.

(k) (Mishnah): If he said to wait for the oldest to return from overseas, we do not hearken.
(l) Question: If Chalitzah of the oldest is preferred, we should wait, perhaps he will do Chalitzah!
(m) Counter-question: If he says to wait for a minor to grow up, we do not hearken - we should wait, perhaps he will do Yibum!.
(n) Answer: Rather, you must say, we do not delay the Mitzvah.

(a) (Mishnah): The Mitzvah of Yibum takes priority over the Mitzvah of Chalitzah - so it was initially, when people intended for the Mitzvah;
(b) Now that people do not intend for the Mitzvah, Chalitzah takes precedence.

1. (Rav): We do not force.

i. When a Yavam and Yevamah would come in front of Rav, he would say, it is your choice, do Chalitzah or Yibum.
ii. "If he does not want" - if he wants, he may do Chalitzah or Yibum.

2. Rav Yehudah also holds that we do not force.

i. Rav Yehudah enacted in a document of Chalitzah - 'The Yavam and Yevamah came ... and became known to us ... we told him. if you want, do Yibum; if not, stick out your right foot ... she took his shoe off, and she spit at him; Beis Din saw the spit on the ground.'
ii. R. Chiya Bar Avya concluded: 'We read what is written in the Torah'.

(c) 'It became known to us' - Rav Acha and Ravina argued. 1 said, through witnesses; the other, even a relative or a woman.

1. The law is, we are just revealing a matter, a relative or woman suffices.

(d) Initially, Yibum took precedence; now that people do not intend for the Mitzvah, Chalitzah takes precedence.
(e) (Rami Bar Chama): They returned to say, Yibum takes precedence.
(f) Question (Rav Nachman Bar Yitzchak): Have the generations improved?!
(g) Answer: Initially, they held as Aba Sha'ul; later they held as Chachamim.

1. (Beraisa - Aba Sha'ul): One who does Yibum because the Yevamah is beautiful, or to be known as a married man, or for another reason, is as if he transgresses incest; in my eyes, the child is nearly a Mamzer;
2. Chachamim say, Her Yavam will do Yibum with her - in any way.

(h) (Beraisa): Her Yavam will do Yibum with her - as a Mitzvah;

1. Initially, (before marrying his brother) she was permitted to him; she became forbidden (when she married his brother), and became permitted again;
2. One might have thought, she returns to the initial state of being permitted - "Her Yavam will do Yibum with her"- as a Mitzvah.

(i) Question: Who is the Tana?
(j) Answer #1 (R. Yitzchak Bar Avdimi): Aba Sha'ul; the Beraisa says as follows.

1. "Her Yavam will do Yibum with her"- as a Mitzvah. Initially, she was permitted to him - he could marry her for beauty, or for the sake of marriage. She became forbidden, and became permitted again;
2. One might have thought, she returns to the initial state of being permitted - "Her Yavam will do Yibum with her" - as a Mitzvah.

(k) Answer #2 (Rava): The Beraisa can be as Chachamim. "Her Yavam will do Yibum with her"- as a Mitzvah. Initially, she was permitted to him - he could marry her or not. She became forbidden, and became permitted again;

1. One might have thought, she returns to the initial state of being permitted - if he wants, he marries her, if not, not.
2. Question: How could one think, he may choose not to marry her - she is tied to him, can she freely leave him?!
3. Correction: Rather, one would think, if he wants, he does Yibum; if he prefers, Chalitzah - the Torah says, "Her Yavam will do Yibum with her" - as a Mitzvah.
4. Question: But the Beraisa begins, "It (the remainder of a Minchah offering) will be eaten as Matzos in a Holy place - this is a Mitzvah;