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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 96
YEVAMOS 96, 97 - These Dafim have been sponsored through the
generous donation of Reb Uri Wolfson of Yerushalayim, a true
Ohev Torah.
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Yevamos 96
1) THE ARGUMENT OF RAV AND SHMUEL
(a) Answer #3 (Abaye): Perhaps Rav Huna explained the
argument incorrectly - really, they argue on Rav
Hamnuna's law!
1. (Rav Hamnuna): A Shomeres Yavam that had
extramarital relations is forbidden to her Yavam.
2. Rav says she is as a married woman, and becomes
forbidden through extramarital relations; Shmuel
says she is not as a married woman, and does not
become forbidden through extramarital relations.
(b) Answer #4 (Abaye): Perhaps they argue if engagement takes
effect on a Yevamah - Rav says she is as a married woman,
and engagement does not take effect on her; Shmuel says
she is not as a married woman, and engagement takes
effect on her.
(c) Objection: But Rav and Shmuel already argued on this!
(d) Answer: They only argued once - their argument here was
inferred from what they said.
2) A MAN THAT HEARD SEVERAL FALSE REPORTS
(a) (Mishnah): They told a man that his wife died - he
married her paternal sister; they told him that this wife
died - he married her maternal sister; they told him that
this wife died - he married her paternal sister; they
told him that this wife died - he married her maternal
sister.
(b) All were found to be alive - he is permitted to his 1st,
3rd and 5th wives, and they exempt their Tzaros (if he
dies without children and one of them does Yibum or
Chalitzah); he is forbidden to his 2nd and 4th wives, and
(if he dies without children) Yibum of either of them
does not exempt her Tzarah;
(c) If he had relations with the 2nd wife after the 1st wife
died, he is permitted to his 2nd and 4th wives, and they
exempt their Tzaros; he is forbidden to his 3rd and 5th
wives, and Yibum of either of them does not exempt her
Tzarah.
(d) A boy 9 years old and 1 day forbids a Yevamah on his
(adult) brothers, and they forbid a Yevamah on him, just
that he only forbids at the beginning, but they forbid at
the beginning or end.
(e) If the 9 year old had relations, he forbids her to the
brothers; if they then had relations with her, or gave a
Ma'amar or Get or did Chalitzah, they forbid her to him.
(f) (Gemara) Question: Didn't he marry all (the last 4) wives
after he heard that his 1st wife died?!
(g) Answer (Rav Sheshes): After his 1st wife certainly died.
3) RELATIONS OF A 9 YEAR OLD
(a) (Mishnah): A 9 year old ...
(b) Question: A 9 year old only forbids at the beginning, but
not at the end?
1. (Rav Zvid Bar R. Oshiya): One who gives a Ma'amar to
his Yevamah, and later his 9-year old brother has
relations with her, she is forbidden!
(c) Answer: His relations forbid even at the end; his
Ma'amar, only at the beginning.
(d) Question: Is it really true that his relations forbid
even at the end? The Mishnah says, he only forbids at the
beginning, but they forbid at the beginning or end. How
is this? If the 9 year old had relations,...!
(e) Answer: The Mishnah is abbreviated, and should read
thusly: A 9 year old disqualifies at the beginning, adult
brothers disqualify at the beginning and the end.
1. This applies by a Ma'amar; but relations disqualify
even at the end. How is this? A 9 year old that has
relations with his Yevamah disqualifies the brothers
from doing Yibum.
(f) Question: Does the Ma'amar of a 9 year old really
disqualify the brothers from doing Yibum?
1. (Beraisa): A 9 year old disqualifies in one way, the
brothers forbid on him in 4 ways. He forbids through
relations; the brothers forbid on him through
relations, Ma'amar, Get and Chalitzah.
(g) Answer: The Tana taught relations of the 9 year old,
since they always forbid; his Ma'amar, which forbids only
at the beginning, he did not teach.
(h) (Rav Yehudah): A 9 year old has a Get (to forbid a
Yevamah on the brothers).
(i) (Rav Tachlifa Bar Avimi): He has a Ma'amar.
(j) (Beraisa - R. Meir): He has a Get and he has a Ma'amar
(k) Question: Does R. Meir really hold that he has a Get?
1. (Beraisa): They made relations of a 9 year old as a
Ma'amar of an adult; R. Meir says, they made
Chalitzah of a 9 year old as the Get of an adult.
2. If R. Meir held that he has a Get - he should say,
they made his Chalitzah as his Get!
(l) Answer (Rav Huna Brei d'Rav Yehoshua): He has a Get, but
it is weaker than the Get of an adult.
1. According to R. Gamliel, who says a Get takes no
effect after a Get, that is only when the 2nd is no
stronger; but an adult that gives a Get after a
minor, it takes effect;
2. According to Chachamim, who says a Get takes effect
after a Get, that is only when the 2nd Get is no
weaker; but a minor that gives a Get after an adult,
it is void.
96b---------------------------------------96b
(m) (Mishnah): Levi, a 9 year old, had relations with his
Yevamah; later his 9 year old brother had relations with
her - this forbids her on Levi; R. Shimon says, it does
not forbid her;
(n) A 9 year old had relations with his Yevamah Leah, then
with her Tzarah - this forbids Leah on himself; R. Shimon
says, it does not forbid her.
(o) (Gemara - Beraisa): R. Shimon said to Chachamim - if
Levi's relations are considered relations, his brother's
relations have no effect! If Levi's relations are not
considered relations - the same applies to his 9 year old
brother (so his relations should not forbid her to Levi)!
(p) Our Mishnah is unlike Ben Azai.
1. (Beraisa - Ben Azai): A Ma'amar takes effect after a
Ma'amar when there are 2 Yevamim and 1 Yevamah, but
not by 1 Yavam and 2 Yevamos.
4) YIBUM OF A 9 YEAR OLD
(a) (Mishnah): A 9 year old, Levi, had relations with his
Yevamah and died - she does Chalitzah, not Yibum. Levi
married a woman - she does not fall to Yibum;
(b) If Levi had relations with his Yevamah Sarah, and married
Leah after he became an adult, then he died - if he did
not have relations with Sarah in adulthood, Sarah does
Chalitzah, not Yibum; Leah may do Chalitzah or Yibum; R.
Shimon says, the Yavam may do Yibum or Chalitzah with
either wife he wants, and does Chalitzah to the other.
1. A 9 year old has the same law as a 20 year old that
did not bring 2 hairs.
(c) (Gemara - Rava): This that Chachamim say - a Yevamah that
falls to Yibum from 2 brothers does Chalitzah, not Yibum
- do not say, this only applies when there is a Tzarah,
that they decreed lest people say, 2 Yevamos from the
same husband both do Yibum - for here, there is no
Tzarah, and the law is, she must do Chalitzah, not Yibum!
(d) (Mishnah): If he married a woman and he died ...
(e) Our Mishnah teaches what we learn in a Beraisa.
1. (Beraisa): A lunatic or minor that married and died,
their wives are exempt from Chalitzah and Yibum.
(f) (Mishnah): A 9 year old ... after he grew up ...
(g) Question: The relations of a 9 year old should be as a
Ma'amar of an adult, and Leah should be forbidden to do
Yibum (just as if Levi had given a Ma'amar to Sarah, in
the Mishnah 31B)!
(h) Answer (Rav): They did not make the relations of a 9 year
old as a Ma'amar of an adult.
(i) (Shmuel and R. Yochanan): They are as a Ma'amar!
(j) Question: The above question is difficult on Shmuel and
R. Yochanan!
(k) Answer: Tana'im argue whether the Tzarah of a woman that
falls from 2 brothers may do Yibum.
1. The Tana of Perek '4 Brothers' decrees, lest people
will do Yibum to both. He taught the case by an
adult Yavam, but he holds the same by a minor.
2. Our Tana says that relations of a 9 year old are as
a Ma'amar, but we do not decree lest people also do
Yibum to the Tzarah. He taught the law by a minor,
but the same applies if the Yavam is an adult.
i. He taught the law by a minor because he was
dealing with minors.
(l) R. Elazar said this teaching, not in R. Yochanan's name.
When R. Yochanan heard of this, he was upset.
1. R. Ami and R. Asi: In the Shul in Teveryah,
regarding a bolt with a pounder at the end, R.
Elazar and R. Yosi argued until they tore a Sefer
Torah in their anger.
i. Objection: Certainly, they did not tear a Sefer
Torah !
ii. Correction: Rather, a Sefer Torah was torn in
their anger.
2. R. Yosi Ben Kisma was there, and said that it would
not be surprising if the Shul became a place of
idolatry - and it did!
3. R. Yochanan was even more adamant - 'You consider R.
Elazar my colleague (as the parties in your story)'!
4. R. Yakov Bar Idi: "As Hash-m commanded Moshe his
servant, so Moshe commanded Yehoshua, and so did
Yehoshua, he did not omit 1 thing from everything
Hash-m commanded Moshe".
i. Regarding everything Yehoshua said, did he say,
'So told me Moshe'? Rather, he just expounded,
and everyone knows that he learned his Torah
from Moshe.
ii. Also R. Elazar your Talmid, he expounds, and
everyone knows that it is your teachings.
5. R. Yochanan (to R. Ami and R. Asi): Why don't you
know to appease as our colleague, Idi's son?
(m) Question: Why was R. Yochanan so upset?
(n) Answer: As Rav Yehudah taught - "I will dwell in your
tent Olamim (forever/worlds)".
1. Question: Can a person dwell in 2 worlds?
2. Answer: Rather, thusly said David in front of Hash-m
- It should be your will that people should say
teachings in my name in this world.
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