Ask A Question on the daf

Previous daf

1) ONE WHO REMARRIES HIS DIVORCEE

(a) Similarly, one who divorces his wife who is an orphaned minor, she is permitted to do Yibum; R. Elazar prohibits;
(b) A father that married off his daughter as a minor, and she was divorced, she is as an orphan in the life of her father; if he remarries her, all agree that she may not do Yibum.
(c) (Gemara - Question - Aifa): What is the reason of R. Elazar?
(d) Answer #1 (Aifa): Because she was once forbidden to the Yavam (when she was divorced, she is always forbidden).

1. Rabanan: If so, Chalitzah should not be required!

i. Suggestion: If you will say, that is correct - but a Beraisa says, R. Elazar says she does Chalitzah!

2. Aifa: I was wrong - I do not know his reason.

(e) Answer #2 (Abaye): His reason is, he is in doubt if death causes the fall to Yibum, or the beginning of the marriage.

1. If death is the cause - she is fitting for Yibum.
2. If the beginning of the marriage causes her to fall - she was once forbidden.

(f) Answer #3 (Rava): Really, it is clear to R. Elazar that death causes the fall.

1. Everyone knows about the divorce, but not everyone knows that he remarried her (and they will think that the Yavam is marrying the woman his brother divorced).
2. Objection: To the contrary! When he remarries her, there is publicity!
3. Answer: Sometimes, he remarries her at night and dies the next morning.

(g) Answer #4 (Rav Ashi): R. Elazar decrees in the 1st 2 cases of the Mishnah on account of one who remarries an 'orphan in the life of her father'.

1. Presumably, this is correct - the end of the Mishnah teaches, a father married off his daughter as a minor, and she was divorced, she is as an orphan in the life of her father. If he remarries her, all agree that she may not do Yibum.
2. Objection: This is obvious!
3. Answer: Rather, this was taught because it is the reason R. Elazar forbade in the previous cases.

(h) Support (Beraisa): Chachamim admit to R. Elazar by a minor that was married off by her father and divorced, she is as an orphan in the life of her father; if he remarries her, she cannot do Yibum, because her divorce is a full divorce, but her remarriage is not full marriage.

1. This applies when he divorced her as a minor and remarried her as a minor - but if he divorced her as a minor and remarried her as an adult, or remarried her as a minor and she became an adult before he died, she does Yibum or Chalitzah; R. Elazar says, she must do Chalitzah.

(i) Question (Rava): What is the law of her Tzarah?
(j) Answer (Rav Nachman): She is only forbidden to do Yibum because of a decree - will we decree on account of a decree?!
(k) Question: But a Beraisa says, R. Elazar says, she and her Tzarah do Chalitzah!

1. Counter-question: That cannot be correct, that both do Chalitzah!
2. Correction: Rather, she or her Tzarah does Chalitzah.

(l) Answer: Since the Beraisa must be amended - we can amend it thusly: she may only do Chalitzah, her Tzarah may do Chalitzah or Yibum.

(a) (Mishnah): 2 brothers are married to 2 sisters that are (orphaned) minors. One brother died; his wife is exempt from Yibum and Chalitzah because of her sister; (the same applies if the sisters are deaf - the Gra deletes this from the text).

1. If 1 sister is an adult and the other a minor: if the husband of the minor died; his wife is exempt from Yibum and Chalitzah because she is the sister of the Yavam's wife;
2. If the husband of the adult died - R. Eliezer says, we counsel the minor to do Mi'un (and her sister does Yibum); R. Gamliel says, if she does Mi'un on her own, fine; if not, she waits (to have relations) until she grows up, and her older sister is then exempt from Yibum and Chalitzah; R. Yehoshua says, woe to him for his wife, woe to him for his brother's wife - he divorces his wife, and does Chalitzah to his Yevamah.

(a) (Gemara) Question: Is it really permitted to encourage Mi'un?

1. (Bar Kapara): A person should always cling to 3 things - Chalitzah, bringing Shalom, and permitting vows;
2. One should distance himself from 3 things - Mi'un, deposits, and being a guarantor.

(b) Answer: For a Mitzvah, one may encourage Mi'un.
(c) (Bar Kapara): A person should always cling to Chalitzah - this is as Aba Sha'ul.

1. (Aba Sha'ul): One who does Yibum because the Yevamah is attractive, or to be married, or for another reason, it is as if he has relations with Ervah, and I view the child as being close to a Mamzer.
2. Bringing Shalom - "Seek Shalom and pursue it".

i. (R. Avahu): We learn a Gezeirah Shaveh "Pursue - pursue"; here it says, "Seek Shalom and pursue it"; another verse says, "One who pursues Tzedakah and Chesed will find life, Tzedakah and honor.

3. Permitting vows - as R. Noson.

i. (R. Noson): One who vows is as one who builds a private altar (when this is forbidden); if he fulfills his vow, it is as if he offered a sacrifice on his private altar,

4. One should distance himself from Mi'un - lest she regret it when she grows up;
5. From deposits - from one who lives in the same city, since he is often in his house (and he may take back his deposit, and later claim it from him).
6. From being a guarantor - the guarantors of Shaltziyon (explained below).

(d) (R. Yitzchak): "Evil, he does evil, for he mixes in strangers" - evil after evil will come upon those that accept converts, guarantors of Shaltziyon, and one that relies on his learning.

1. Those that accept converts - as R. Chelbo.

i. (R. Chelbo): Converts are as problematic for Yisrael as leprosy in the skin.

2. Guarantors of Shaltziyon - for they do not approach the borrower, but first claim from the guarantor.
3. One that relies on his learning - Explanation #1 (Beraisa - R. Yosi): Anyone that says he does not have Torah, he does not have Torah.
4. Question: This is obvious!
5. Correction: Rather, anyone that says he only has Torah, he only has Torah.
6. Question: This is also obvious!
7. Answer #1: Rather, he does not even have Torah.

i. (Rav Papa): "You will learn and you will do" - anyone that keeps Torah, can learn Torah; anyone that does not keep Torah, cannot learn it.

8. Answer #2: As we said originally, he only has Torah - we need to hear, even if he teaches others, and they observe what they learn from him.

i. One might have thought, he gets reward for this - we hear, this is not so.

9. Explanation #2: One that relies on his learning - this is a judge, that a case comes before him, and he erroneously compares it to something he has learned; even though he has a Rebbi, he does not ask him.

i. (Rav Shmuel Bar Nachmani): A judge should view himself as if a sword is between his thighs, and Gehenom is open beneath him - "The bed of Shlomo ... from the fear of nights" - from the fear of Gehenom, which is like night.

(a) (Mishnah): R. Gamliel says, if she does Mi'un, ...
(b) Question (R. Elazar): What is R. Gamliel's reason?

1. Does he hold that engagement of a minor is hanging; when she becomes an adult, her engagement grows with her (she becomes fully engaged), even without relations?
2. Or, does he hold that if one who engages the sister of his Yevamah, this exempts his Yevamah from Yibum and Chalitzah?

i. This only happens if he has relations with his wife after she is an adult.

(c) Answer (Rav): He holds that one who engages the sister of his Yevamah, this exempts his Yevamah from Yibum and Chalitzah; this is only if he has relations with his wife after she is an adult.
(d) Objection (Rav Sheshes): Rav must have been dozing when he said that!

1. (Beraisa): One who engages a minor, the engagement is hanging.

i. Suggestion: This means, when she grows up, it becomes full engagement, even without relations.

(e) Answer (Ravin Brei d'Rav Nachman): No, the engagement is dependent - if they have relations after she is an adult, it becomes full engagement; if not, not.

1. She says, he is better than me, and I am better than him (i.e. either can end the marriage against the will of the other).

(f) Question: Does Rav really hold that it only becomes full engagement if they have relations?
(g) Contradiction: It was taught - a minor that did not do Mi'un, and married another man after she became an adult:

1. (Rav): She does not require a Get from the 2nd man.
2. (Shmuel): She needs a Get from the 2nd man.