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1) THE INTENTION REQUIRED FOR YIBUM

(a) Question: But Rav Yehudah taught, a Yavam that had relations with his Yevamah while sleeping did not acquire her!
(b) Answer #2: Rather, the case is, he had a hardening (not intending for his Yevamah) and accidentally had relations with his Yevamah.
(c) Objection: But Rabah taught, if one fell from the roof onto a person, he is obligated in 4 of the 5 payments of damage; if he landed on his Yevamah and had relations, he does not acquire her!
(d) Answer #3: Rather, he was intending to have relations with his wife, and his Yevamah grabbed his Ever and put it in the place of relations.
(e) Question: How can we find the case R. Chiya mentioned, where they are both forced?
(f) Answer: He was intending for his wife, and Nachrim grabbed him and stuck his Ever into the place of relations on his Yevamah.
(g) Question: What is the source that such relations acquire a Yevamah?
(h) Answer (Beraisa): "Her Yavam will have relations with her" - this is the Mitzvah;
(i) Also - "He will have relations with her" - whether he is unaware or aware, whether forced or willing.
(j) Question: But we already expounded this verse, that Yibum is the (preferred) Mitzvah!
(k) Answer: That is learned from "If he does not want" - implying, if he wants, he should do Yibum - our verse teaches, whether he is unaware or aware, whether forced or willing.
(l) (Beraisa): "Her Yavam will have relations with her" - the normal way of relations; "and he will take her" - (he acquires her, even with) unnatural relations;

1. "And he will do Yibum" - relations fully acquire her, but not money or a document; "He will do Yibum to her" - against her will.

(m) Question: In the previous Beraisa, we learned 'Also - "He will have relations with her" - whether he is unaware or aware, whether forced or willing' - but we already expounded the verse to teach, natural relations!
(n) Answer: That is derived from "To stand up a name for his brother" - relations in the place that can lead to children.

1. The verse "He will have relations with her" comers to teach, whether he is unaware or aware, whether forced or willing.

(o) (Rav Yehudah): One who had relations while sleeping did not acquire his Yevamah - "Her Yavam will have relations with her" - he must intend for relations.
(p) Question (Beraisa): Whether he is awake or asleep.
(q) Answer: Rather, it should say, whether she is awake or sleeping.
(r) Question (Beraisa): Whether he is awake or asleep; whether she is awake or asleep.
(s) Answer: The case is, he is dozing.

1. Question: What is the case of dozing?
2. Answer (Rav Ashi): He is asleep but not asleep, awake but not awake; if one calls to him, he responds, but cannot give an answer which requires reasoning; when one will remind him, he remembers.

(a) (Rabah): If one fell from the roof and landed in the place of relations - he pays 4 payments of damages; if he fell on his Yevamah, he did not acquire her.

1. He pays damage, pain, sick leave, and medical costs, but not embarrassment.

i. One does not pay embarrassment unless he intended.

(b) (Rava): If one intended to stick his Ever in the wall and it landed in his Yevamah, he does not acquire her.

1. (Rava): If one intended to stick his Ever in an animal and it landed in his Yevamah, he does acquire her, since he was intending for a type of relations.

(c) (Mishnah): Whether he only did Ha'ara'ah (the first stage of relations) ...
(d) (Ula): We know that Ha'ara'ah is considered as relations from "A man that will lie with a Nidah ... Ha'ara'ah".
(e) Question: This proves it regarding Nidah - how do we know concerning other Arayos?

1. Suggestion: If you will say we can learn from Nidah - but Nidah has a stringency, she makes the one who has relations with her Tamei!

(f) Answer #1: We learn from a brother's wife.

1. "A man that will take his brother's wife - she is a Nidah".
2. Question: Is one's brother's wife always Nidah?!
3. Answer: Rather, she is as a Nidah - just as one is liable for Nidah for Ha'ara'ah, so too for a brother's wife.
4. Question: We cannot learn from a brother's wife - this prohibition can be spread, he can marry 1000 women!

(g) Answer #2: Rather, we learn from the sister of one's father and mother.

1. "Do not reveal the Ervah of your mother's sister ... Ha'ara'ah."
2. Objection: We cannot learn from the sister of one's father and mother - these prohibitions come automatically (without marriage)!
3. Suggestion: We cannot learn from any one of these 3 sources - let us learn from 2 of them.
4. Suggestion #1: Let us learn from a brother's wife and the sister of one's father and mother.
5. Rejection: Those are both forbidden because they are kin!
6. Suggestion #2: Let us learn from Nidah and the sister of one's father and mother.
7. Rejection: In both of those, the prohibition comes automatically!
8. Suggestion #3: Let us learn from Nidah and a brother's wife - what can one ask on this?!
9. Objection (Rav Acha Brei d'Rav Ika): Both of those do not become permitted in the life of the cause of the prohibition!

i. Question (Rav Acha mi'Difti): Nidah and a brother's wife only lack permission in the life of the cause of the prohibition - afterwards, they are permitted?!

i) A Nidah is Teme'ah for 7 days, even after the blood stops; a brother's wife is forbidden even after he dies (if he died with children)!

10. Objection (Rav Acha mi'Difti): Rather, we ask - one cannot learn from Nidah and a brother's wife - the cause of the prohibition cannot permit them - a husband, who prohibits his wife to marry others, can permit her!

(h) Answer #3 (R. Yonah): "All these abominations" - the Torah equates all Arayos to Nidah.

1. Just as Ha'ara'ah is considered as relations regarding Nidah, also by all Arayos.

(i) Question: If so, why did the Torah have to write Nidah by a brother's wife?
(j) Answer: To teach Rav Huna's law.

1. Question (Rav Huna): Where is a Yevamah hinted at in the Torah?

i. Objection: Yevamah is explicit in the Torah!

2. Question - Corrected version: Rather, where is it hinted that a Yevamah is forbidden in the life of her husband?
3. Answer: This is logical - the Torah permits her after he dies, implying that she is forbidden during his lifetime!
4. Question: Perhaps, after he dies, Yibum is a Mitzvah; during his lifetime, it is optional!

i. Alternatively - perhaps, she is forbidden during his lifetime, but this prohibition is only learned from a Mitzvas Ase, and is only considered Chayavei Ase!

5. Answer: "His brother's wife, she is a Nidah".

i. Question: Is a brother's wife always a Nidah?
ii. Answer: Rather, she is as a Nidah - even though she is permitted later, when she is forbidden, she is Chayavei Kerisus; also, a brother's wife, - even though she is permitted later, when she is forbidden, she is Chayavei Kerisus.

(k) Question: Why did the Torah need to write Ha'ara'ah by the sister of one's father and mother?
(l) Answer: To teach as Ravina asked.

1. Question (Ravina): What is the law of a man that does Ha'ara'ah on a man?
2. Objection: By homosexual relations, it says "as one lies with a woman" (by which we know, Ha'ara'ah is considered as relations)!
3. Question - Corrected version: What is the law of a man that does Ha'ara'ah on an animal?
4. Answer (Rava): Since Ha'ara'ah is not needed regarding the sister of one's parents, since we know the law from the Hekesh of R. Yonah, we use it to teach the law of Ha'ara'ah on an animal.

(m) Question: Bestiality is Chayavei Misos - why is it learned from the sister of parents, which is only Chayavei Kerisus?

1. Rather, Ha'ara'ah should be written by Chayavei Misos, and we will learn Chayavei Misos from Chayavei Misos!

(n) Answer: Since the whole verse (of one's parent's sisters) is free to be expounded, this was also written in it.

(a) Question: What is expounded from this verse?
(b) Answer (Beraisa): "The Ervah of your father's sister do not reveal" - both his paternal and maternal sister.
(c) Question: Maybe only the paternal sister is forbidden!

1. Suggestion #1: His father's sister is forbidden just as his own sister. Just as his paternal and maternal sisters are forbidden, also both sisters of his father.
2. Suggestion #2: Or, perhaps we should learn from his father's brother's wife - that prohibition only applies to a paternal brother!

i. We should learn from the more similar case.

3. Suggestion #1: We should learn from his sister, since this prohibition comes by itself (as the prohibition of his parents' sisters), but his uncle's wife only became forbidden through marriage!
4. Suggestion #2: Or, we should learn from his uncle's wife, since this is also a relative of his father, rather than learning from his sister, who is his own relative!

(d) Answer (Beraisa): "The Ervah of your father's sister do not reveal" - both his paternal and maternal sister.
(e) Question: "The Ervah of your mother's sister do not reveal" - both her paternal and maternal sister - why was it needed to teach this by the mother's sister as well?
(f) Answer (R. Avahu): If the Torah would only write by a father's sister - one would think, this is because lineage comes through the father, but only the paternal sister of a mother is forbidden!

1. Answer (R. Avahu): If the Torah would only write by a mother's sister - one would think, this is because there is no doubt who is his mother - but the father, about whom we are not certain, only the maternal sister is forbidden!

(g) Question: The Tana already knew that the prohibition of his father's brother's wife only applies to a paternal brother - from where?
(h) Answer (Rava): He learns a Gezeirah Shaveh "Dodo-Dodo".

1. It says here, "The Ervah of Dodo (his uncle)"; it says by redemption, "Dodo ... will redeem".

i. Just as there, only a paternal brother - here also!

(i) Question: How do we know that there, only a paternal brother is included?
(j) Answer: "From his family" - only paternal relatives are called family.
(k) Question (Mishnah): They told a man - "Your wife died" - he married her paternal sister; they told him - "she died" - he married her maternal sister; - "she died" - he married her paternal sister; - "she died" - he married her maternal sister.

1. In truth, all are alive. He is permitted to his 1st, 3rd and 5th wives; if he dies, Yibum or Chalitzah of 1 of these 3 exempt the Tzaros; he is forbidden to his 2nd and 4th wives; Yibum of either of them does not exempt the Tzaros.
2. If he had relations with the 2nd after the 1st died, he is permitted to the 2nd and 4th; Yibum or Chalitzah of either of these exempt the Tzaros; he is forbidden to the 3rd and 5th.