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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 34

YEVAMOS 33 & 34 - sponsored by Hagaon Rav Yosef Pearlman of London, a living demonstration of love for and adoration of the Torah.

Questions

1)

(a) Initially, we explain that our Mishnah speaks about an Eishes Ish who was also Eishes Achiv, who then became Achos Ishto, and finally had a period of Nidus. Eishes Ish and Eishes Ach came into effect simultaneously. Achos Ishto is an Isur Kolel - because he becomes forbidden to her sisters), and Nidah an Isur Mosif - because she now becomes forbidden even to her own husband.

(b) We establish Rebbi Meir (of the Beraisa) as the author of our Mishnah. The Tana Kama of Rebbi Meir obligates a Tamei person who ate Cheilev of Hekdesh that was also Nosar on Yom Kipur - to bring four Chata'os (for eating Kodshim be'Tum'as ha'Guf, Cheilev, Nosar and Yom Kipur).

(c) In addition, he also obligates him to bring an Asham Me'ilos.

(d) Rebbi Meir adds Shabbos to the list, assuming that he carried the Hekdesh he was eating outside in his mouth.

2)
(a) The Tana of the Beraisa does not add carrying on Yom Kipur to the list - because he holds 'Ein Eiruv ve'Hotza'ah le'Yom Kipur' (meaning that carrying is permitted on Yom Kipur).

(b) The first of the above Isurim to come into effect is - that of Cheilev, which applies the moment the animal is formed.

(c) Hekdesh, which takes effect next, is an Isur Mosif - because whereas Cheilev of Chulin is Mutar be'Hana'ah, Cheilev of Hekdesh is forbidden (though this is not similar to the Isur Mosif that we have spoken of until now). Nosar is an Isur Mosif, because it becomes forbidden to Kohanim as well.

(d)

1. Tum'ah, which precludes even the other pieces from being eaten - is an Isur Kolel, even according to the Tana Kama?
2. According to Rebbi Meir - Shabbos, which falls together with Yom Kipur, is an Isur Bas Achas.
3)
(a) We just established Rebbi Meir as the author of our Mishnah, which obligates someone who erred whilst performing a Mitzvah, to bring a Chatas. We initially establish this like Rebbi Eliezer, and not like Rebbi Yehoshua. The principle that governs their Machlokes - is (whether) 'Ta'ah bi'D'var Mitzvah, ve'Lo Asah Mitzvah' (brings a Chatas or not).

(b) According to Rebbi Yehoshua, someone who mistakenly circumcised on Shabbos, a baby who was due to be circumcised only on Sunday, instead of the baby who was actually due on Shabbos - is Patur from bringing a Chatas (since he was busy with - what he thought was - a d'Var Mitzvah).

(c) We nevertheless establish Rebbi Meir even like Rebbi Yehoshua - who says Patur only because the B'ris Milah (the Mitzvah that he was attempting to perform) has a time limit (placing him in the category of O'nes); whereas in our Mishnah, there is no time limit, so he is a Shogeg, and will be Chayav a Chatas even according to Rebbi Yehoshua.

4)
(a) In a Mishnah in Terumos, the Tana Kama says that a Kohen who was eating Terumah when he discovered that he is a ben Gerushah or ben Chalutzah, is obligated to pay the principle plus a fifth to a Kohen. According to Rebbi Yehoshua - he is Patur.

(b) In order to reconcile this with what we just learned (that Rebbi Yehoshua only exempts from a Chatas when there is a time limit [such as in the case of Bris Milah]) - Rav Bibi bar Abaye establishes the case by Terumas Chametz on Erev Pesach, which must be eaten before it becomes Asur, in order to prevent it from being burned.

5)
(a) Alternatively, we establish our Mishnah, not just like Rebbi Meir (who is strict regarding Isur Kolel and Isur Mosif), but even like Rebbi Shimon - by an Isur bas Achas (when all four Isurim fell simultaneously), to which even Rebbi Shimon agrees, as we saw earlier.

(b) Eishes Ish, Eishes Ach and Achos Ishto can all fall simultaneously - if the two brothers appointed a Sh'li'ach to give the two sisters their Kidushin, and the two sisters appointed a Sh'li'ach to accept them; the two Sh'luchim met and both Kidushin came into effect simultaneously, as did the four Isurim.

(c) The Isur of Nidah can be included only - if the sisters turned twelve and the brothers, thirteen, on the same day, in the middle of an extensive menstruation period, and the Kidushin was handed over on condition that it takes place at the same moment as their birthdays begin.

6)
(a) Despite the fact that a woman does not become pregnant after the first Bi'ah, the women in our Mishnah nevertheless need to separate for three months before returning to their husbands - because the Mishnah speaks when they performed *two* Bi'os.

(b) Nevertheless, the Tana of Rebbi Chiya's Beraisa counts only sixteen Chata'os, and not thirty-two - because he is only counting the Chata'os that result from the *first* Bi'ah.

(c) There might be even more than thirty-two Chata'os in those four Bi'os - according to Rebbi Eliezer, who obligates a Chatas for each ejaculation.

(d) Rava asked Rav Nachman how Tamar became pregnant, considering that Yehudah performed only one Bi'ah with her. Rav Nachman replied - that Tamar broke her Besulim with her finger before making Bi'ah with Yehudah.

34b---------------------------------------34b

Questions

7)

(a) The women of Beis Rebbi, who took their cue from Tamar, and broke their Besulim with their fingers, became known as 'Tamar'.

(b) Despite the fact that Tamar had already been married to Er and Onan - she needed to break her Besulim - because Er and Onan practiced only sodomy on her, and not regular Bi'ah.

8)
(a) For the first twenty-four months after a woman has given birth, Rebbi Eliezer permits her husband to begin Bi'ah naturally, but to withdraw before reaching an orgasm - because he is afraid that, should she become pregnant, she will run out of milk and stop feeding her baby, causing his death.

(b) The Chachamim say - that withdrawing before the Bi'ah has terminated is strictly forbidden; it is what Er and Onan did.

(c) Rav Nachman (who learned that Er and Onan practiced sodomy with Tamar) - will explain the Chachamim to mean that it was similar to what Er and Onan did, inasmuch as they practiced an unnatural Bi'ah (and were perhaps guilty of wasting their seed - see Tosfos DH 've'Lo'), though that was not quite the same as their sin.

9)
(a) By Onan, the Torah in Vayeishev explicitly writes "ve'Shiches Artzah". We know that Er did likewise - because the Torah writes "va'Yames *Gam* Oso", implying that Onan died for the same reason as Er.

(b) The reason that ...

1. ... Onan did that - is because he did not want to have children who would be partially ascribed to his brother Er (see Seforno).
2. ... Er did it - in order not spoil Tamar's beauty should she become pregnant.
10)
(a) When Rebbi Yehudah says "Osah", 'P'rat le'Kalah' - he means that a bride does not become Temei'ah after the first Bi'ah, and does not need Tevilah.

(b) When Hon asked his father, Rav Nachman, whether Rebbi Yehudah's reason was because the Torah had pity on the ornaments of a Kalah - he meant to ask him whether it was in order not to spoil the make-up that a Kalah invariably wears.

(c) His father replied that the reason was - because a woman cannot become pregnant from the first Bi'ah (which is therefore not called a Bi'ah of Shichvas Zera, which is what is required before Tevilah becomes necessary).

(d) The Chachamim learn from "Osah" - 'to preclude sodomy from the need to Tovel'.

11)
(a) The Chachamim (and Rebbi Yehudah) learn from "Shichvas Zera" - 'to preclude Ha'ara'ah from the need to Tovel'.

(b) Rebbi Yehudah also precludes someone who performs sodomy from Tevilah - from the Pasuk "Shichvas Zera".

12)
(a) Ravin Amar Rebbi Yochanan says that a woman who does not remarry within ten years of her husband's death, will not have children. Rav Nachman qualify this statement - by restricting it to where she did not intend to get married, but not to when she *did*.

(b) Rava's wife's ...

1. ... father - was Rav Chisda.
2. ... first husband - was Rami bar Chama.
(c) When Rava told his wife that people were speaking about her, because she had waited more than ten years after Rami bar Chama's death before marrying *him* - she replied that, after Rami's death, she had had him in mind (because, following a childhood incident, she had known that he would marry her).

(d) Shmuel admonished a certain woman for slandering Chazal by claiming that, although she had waited ten years after her husband's death before remarrying, she had children from her second husband. He was vindicated - when she admitted to having had an affair with a Nochri during those ten years.

13)
(a) Shmuel said that all women must wait three months before marrying, with the exception of a Giyores or a Shifchah Meshuchreres who is still a Ketanah. We can deduce from there - that a Stam Ketanah is obligated to wait.

(b) Shmuel cannot be referring to a woman who left her husband by means of ...

1. ... Miy'un - because he has already taught that a Mema'enes does not need to wait three months.
2. ... a Get - because he has already taught that a Megureshes *does*.
(c) So this statement must be referring to - a Ketanah who committed an act of Z'nus.

(d) Despite the fact that we decree a Ketanah on account of a Gedolah, Chazal did not decree in the case of a Giyores or a Shifchah Meshuchreres (a set-free slave) who is still a Ketanah - because they are not common.

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