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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 51
YEVAMOS 51-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) WHY DOESN'T A GET WORK AFTER A GET?
(a) Question (Rava): Why does R. Gamliel say that Get does
not work after Get, nor Ma'amar after Ma'amar?
(b) Answer #1 (Rava): R. Gamliel is unsure if Get pushes
aside or not, and if Ma'amar acquires or not.
1. Regarding Get - if the first Get pushed aside -
there is nothing left for the 2nd Get to do!
i. If the 1st Get didn't push aside, neither will
the 2nd!
2. Regarding Ma'amar - if the first Ma'amar acquires -
the 2nd Ma'amar cannot acquire!
i. If the 1st Ma'amar didn't acquire, neither will
the 2nd!
(c) Question (Abaye - Beraisa): R. Gamliel admits, Get takes
effect after Ma'amar, and Ma'amar after Get; Get takes
effect after Yibum which followed a Ma'amar, and Ma'amar
takes effect after Yibum which followed a Get.
1. If R. Gamliel was in doubt - Yibum in the middle
should be like at the beginning, and nothing should
take effect after it!
i. (Mishnah): When relations are at the beginning,
nothing takes effect after them.
(d) Answer #2 (Abaye): R. Gamliel is certain that Get pushes
aside and that Ma'amar acquires.
1. However, it was enacted that Get only pushes aside
one side of the Yevamah; Ma'amar only acquires one
side of her.
i. A 2nd Get doesn't work, since the 1st Get
already pushed aside as much as a Get can.
ii. A 2nd Ma'amar doesn't work, since the 1st
already acquired as much as a Ma'amar can.
2. A Get after a Ma'amar, or a Ma'amar after a Get -
these do work, since one acquires, and one pushes
aside.
i. Chachamim say, to each Yavam was enacted a
power to acquire or push aside with a Ma'amar
or Get.
(e) An invalid Yibum is in some ways better, and in some ways
inferior to Ma'amar.
1. It is better than Ma'amar - Ma'amar does not work
after Ma'amar, but Yibum does work after Ma'amar.
2. It is inferior to Ma'amar - Ma'amar acquires
everything that a Get leaves over (i.e. and a
subsequent Ma'amar does not work), whereas Yibum
does not acquire all that Get leaves over (and
Ma'amar takes effect after such a Yibum).
2) THE CASE OF GET AFTER GET, AND MA'AMAR AFTER MA'AMAR
(a) (Beraisa): In what case did R. Gamliel say that a Get
does not take effect after a Get? 2 Yevamos fall to 1
Yavam; he gave a Get to each;
1. R. Gamliel says, he does Chalitzah to the first one
he gave a Get to, and is forbidden to her relatives;
he is permitted to the relatives of the other;
2. Chachamim say, he is forbidden to the relatives of
both of them; he does Chalitzah to one of them.
i. The same applies when there are 2 Yevamim and 1
Yevamah.
(b) In what case did R. Gamliel say that a Ma'amar does not
take effect after a Ma'amar? 2 Yevamos fall to 1 Yavam;
he gave a Ma'amar to each;
1. R. Gamliel says, he gives a Get and does Chalitzah
to the first one he gave a Ma'amar to, and is
forbidden to her relatives; he is permitted to the
relatives of the other;
2. Chachamim say, he gives a Get to each, and is
forbidden to the relatives of both of them; he does
Chalitzah to one of them.
i. The same applies when there are 2 Yevamim and 1
Yevamah.
(c) Question (from this Beraisa): R. Gamliel says, he does
Chalitzah to the first one he gave a Get to - this
contradicts Shmuel!
1. (Shmuel): If one does Chalitzah to the Yevamah that
received a Get, her Tzarah is not exempted.
(d) Answer: Shmuel said his law according to the opinion that
there is Zikah - R. Gamliel holds, there is not Zikah!
(e) Suggestion: If R. Gamliel holds there is not Zikah,
Chachamim hold there is Zikah.
51b---------------------------------------51b
1. The end of the Mishnah teaches, the same applies to
2 Yevamim and 1 Yevamah.
2. Question: This contradicts Rabah Bar Rav Huna!
i. (Rabah Bar Rav Huna): A woman that did an
invalid Chalitzah (i.e. Yibum was forbidden)
must do Chalitzah with all the brothers.
3. Answer: No, Chachamim also hold there is not Zikah
(and Rabah Bar Rav Huna said his law according to
the opinion that says there is Zikah).
i. Chachamim argue with R. Gamliel regarding a Get
after a Get, and a Ma'amar after a Ma'amar.
(f) (The above Beraisa): He gave a Ma'amar to each Yevamah;
R. Gamliel says, he gives a Get and does Chalitzah to the
first (one that received a Ma'amar), and is forbidden to
her relatives; he is permitted to the relatives of the
second.
(g) Question: Since R. Gamliel holds that a Ma'amar doesn't
take effect after a Ma'amar, he should be allowed to do
Yibum with the first!
(h) Answer: There is a decree not to, lest people come to do
Yibum with the second.
3) THE TANA'IM THAT HOLD THAT MA'AMAR FULLY ACQUIRES
(a) (R. Yochanan): R. Gamliel, Beis Shamai, R. Shimon, Ben
Azai, and R. Nechemyah all hold that Ma'amar fully
acquires.
1. R. Gamliel - as above (A Ma'amar after a Ma'amar
does not take effect.)
2. Beis Shamai - (Mishnah): 3 brothers, 2 are married
to sisters, one is single. A married brother died;
the single brother gave the Yevamah a Ma'amar, then
the other married brother died. The Yavam may keep
his wife (the Ma'amar is considered as full
engagement), her sister is exempt, she is the sister
of his wife.
3. R. Shimon - (Beraisa): R. Shimon said to Chachamim -
If the Yibum of the first is considered Yibum - the
Yibum of the 2nd is not;
4. If the Yibum of the first is not considered Yibum -
neither is the Yibum of the 2nd!
i. Chachamim equated the Yibum of a 9-year-old to
a Ma'amar - and R. Shimon says, the 2nd Yibum
cannot take effect after the 1st!
5. Ben Azai - (Beraisa): Ben Azai says, a Ma'amar takes
effect after a Ma'amar when there are 2 Yevamim and
1 Yevamah, but not when there are 2 Yevamos and 1
Yavam.
6. R. Nechemyah - (Mishnah): Yibum and Chalitzah have
the same law - whether they come at the beginning,
middle, or end, nothing takes effect after them.
i. An invalid Yibum is considered as a Ma'amar,
and he says, nothing takes effect after it!
(b) (Mishnah): What is the case? He gave a Ma'amar ...
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