ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Yevamos 49
YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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Questions
1)
(a) According to ...
1. ... Rebbi Akiva (in our Mishnah) - even a child born from Chayvei La'avin
de'She'er (who are blood-relatives) is a Mamzer.
2. ... Shimon ha'Teimani - a child born from Chayvei Kareis.
3. ... Rebbi Yehoshua - only a child born from Chayvei Misas Beis-Din.
(b) Our Mishnah rules like Shimon ha'Teimani.
(c) The Megilas Yuchsin that they found in Yerushalayim (which mentioned
Eishes-Ish) - followed the opinion of Rebbi Yehoshua.
2)
(a) If a mans wife dies, he is permitted to marry her sister. This ...
1. ... is also the case - if he divorced her before she died?
2. ... does not apply - if he divorced her and she married someone else?
3. ... is also the case - if he divorced her and she married someone else
and died.
(b) If a man's Yevamah dies, he is permitted to marry her sister. This is
also the case if ...
1. ... he performs Chalitzah with her and she dies.
2. ... he performs Chalitzah with her and she marries someone else and dies.
3)
(a) Rebbi Akiva Darshens the Pasuk "Lo Yikach Ish es Eishes Aviv, *ve'Lo
Yegaleh K'naf Aviv*" like Rebbi Yehudah his Talmid - according to whom the
Pasuk is referring to the woman whom his father raped (which is only a case
of Chayvei La'avin).
(b) Rebbi Akiva learns from the fact that the Pasuk "Lo Yavo Mamzer ... " is
written just before the Pasuk of "Lo Yikach Ish ... " - that Yesh Mamzer
me'Chayvei La'avin.
(c) Rebbi Sima'i includes in Rebbi Akiva's list the children of Chayvei
La'avin that are not blood-relatives. Rebbi Yesheivav includes even Chayvei
Asei. An example of ...
1. ... Chayvei La'avin that are not relatives - such as Machzir Gerushaso
mi'she'Nis'eis, an Amoni or a Mamzer who married a Bas Yisrael.
2. ... Chayvei Asei - a first or second generation Mitzri or Edomi who
married a Bas Yisrael.
(d) The exceptions according to Rebbi Sima'i - are Almanah le'Kohen Gadol
and the other Isurei Kehunah (whose children are Chalalim, and not
Mamzeirim).
4)
(a) Rebbi Sima'i and Rebbi Yesheivav both derive their opinions from the
same source - from the extra 'Vav' in "ve'Lo Yegaleh ... ".
(b) Shimon ha'Teimani derives that a Mamzer is the product of Chayvei
K'risus from the same source as the above Tana'im derive their respective
opinions, explaining the Pasuk " ... ve'Lo Yegaleh K'naf Aviv" like the
Rabbanan of Rebbi Yehudah - in whose opinion, the Pasuk refers to his
father's Shomeres Yavam (which is a case of Chayvei Kareis, because she is
also his father's brother's wife).
(c) Irrespective of whether "ve'Lo Yegaleh ... " refers to Anusas Aviv or to
Shomeres Yavam shel Aviv, Rebbi Yehoshua asks why the Pasuk needs to write
"Lo Yikach Ish es Eishes Aviv"? Why will it not suffice just to write "ve'Lo
Yegaleh K'naf Aviv"?
(d) He therefore Darshens the Pasuk - that from "Lo Yikach" (his father's
wife, which is a case of Chayvei Misah) until "Lo Yegaleh" (exclusively),
the child is a Mamzer, but not less than that.
5)
According to Rebbi Yehoshua, the Torah inserts "Lo Yegaleh" if he holds that
it refers to ...
1. ... Shomeres Yavam - in order to add a second La'av to the existing one.
2. ... Anusas Aviv - to inform us that she is forbidden to him.
49b---------------------------------------49b
Questions
6)
(a) Abaye says that everyone agrees that the child of a Nidah and a Sotah is
not a Mamzer. 'Everyone' - in the case of a Nidah, incorporates Shimon
ha'Teimani, and in the case of a Sotah, Rebbi Akiva.
(b) This is because in both cases - the Kidushin is effective.
(c) We learn from the Pasuk "*va'Tehi* Nidasah Alav" - that Kidushin is
effective on a Nidah.
7)
(a) When Abaye says that Kidushin is effective on a Sotah - he means that
the Kidushin with her husband remains intact.
(b) What makes 'Sotah' a Chidush, according to Rebbi Akiva - is the fact
that by Machzir Gerushaso (which is also not Chayvei La'avin di'She'er), he
declares the child to be a Mamzer.
(c) According to Rebbi Akiva in our Mishnah - Sotah is not a Chidush anyway,
because he holds there that a child born from Chayvei La'avin di'She'er is
not a Mamzer.
(d) The Beraisa adds Shomeres Yavam to the above list. Abaye omits it
because he is unsure whether to learn like Rav or Shmuel. Each one learns
his opinion from the Pasuk "Lo *Sihyeh* Eishes ha'Meis le'Ish Zar".
1. Rav explains the Pasuk to mean - that there is no Kidushin on a Shomeres
Yavam.
2. Shmuel is not sure - whether to learn like Rav, or whether to explain
that the Torah comes to forbid her even though Kidushin is effective (since
the Torah uses the Lashon of "Lo *Tihyeh*"). Note: It is not clear however,
why Abaye ignores a Beraisa in favor of Rav and Shmuel, nor how Rav and
Shmuel can ignore a Beraisa (though Rav has the power of a Tana). See also
Tosfos DH 'ha'Kol'.
8)
(a) Shimon ben Azai in our Mishnah cites a Megilas Yuchsin that he found in
Yerushalayim. In a Beraisa, he adds two statements that were written there.
One of them - 'Mishnas Rebbi Eliezer ben Ya'akov Kav ve'Naki' (meaning that
Rebbi Eliezer ben Ya'akov does not speak often in the Mishnah [according to
others, 'Mishnas' incorporates Beraisos], but that, when he does, it is
always Halachah.
(b) The third statement contained in the Megilah is - that Menasheh killed
Yeshayah.
9)
(a) Menasheh queried Yeshayah's statement ...
1. ... "va'Er'eh es Hashem Yosheiv al Kisei Ram ve'Nisa" - from the Pasuk in
Ki Sisa "Ki Lo Yir'ani ha'Adam va'Chai".
2. ... "Dirshu Hashem be'Himatz'o" - from the Pasuk in Va'eschanan "Mi
ka'Hashem Elokeinu *be'Chol Kor'einu* Eilav".
3. ... (quoting Hashem to Chizkiyahu) "ve'Hosafti al Yamecha Chameish-Esrei
Shanah" - from the Pasuk in Mishpatim "es Mispar Yamecha Amalei" (which he
interpreted to mean that Hashem will fill in the Tzadik's allotted years -
but no more).
(b) Yeshayah justified each of these statements:
1. That he saw Hashem with an unclear vision, whereas Moshe was referring to
the impossibility of seeing him with a clear vision.
2. That he was exhorting individuals to find Hashem when He is to be found
(during the Aseres Yemei Teshuvah), whereas Moshe was referring to the
community (for whom the gates of prayer are never closed.
3. That the interpretation of the Pasuk "es Mispar Yamecha Amalei" is
subject to a Machlokes Tana'im: Menasheh explained it like Rebbi Akiva;
according to the Chachamim however, it means that Hashem will even *add* to
the years of a Tzadik.
(c) He did not tell this to Menasheh however - because he knew that Menasheh
would not accept it from him, and it is better, he decided, that Menasheh
should remain a Shogeg over his death, rather than turn him into a Meizid.
10)
(a) Yeshayah died when Menasheh cut down the cedar-tree in which he was
hiding and sawed it in two.
(b) He died as Menasheh was sawing *his mouth* - because he spoke Lashon
ha'Ra about K'lal Yisrael (when he said that he dwelt among people whose
mouths were impure).
(c) Rebbi Akiva, who explains the Pasuk "es Mispar Yamecha Amalei" to mean
that Hashem will fill in the Tzadik's allotted years, but no more, will
explain that, when Hashem said "ve'Hosafti al Yamecha Chameish-Esrei
Shanah" - he meant that He was merely replacing the fifteen years that He
had decided to subtract from him (leaving him with the amount of years which
had initially been allotted to him).
11)
(a) Rebbi Akiva proved his point from the Pasuk "Hinei Ben Nolad le'Beis
David, Yoshiyahu Shemo" - which was said long before Menasheh (Yoshiyah's
father) was born, proving that when Chizkiyahu fell ill and was destined to
die, his death was premature (proving that the fifteen years were not added,
but replaced).
(b) The Rabbanan refute that proof however - on the grounds that nobody had
said anything about Yoshiyahu being a grandson of Chizkiyahu. All Hashem had
said was that he would be a descendent of David.
(c) In connection with our Mishnah, which teaches us that Achos Ishto is
permitted after the death of his wife - Rav Yosef said 'Here Rebbi taught a
Mishnah that is superfluous' (because everyone knows that one's wife's
sister is only forbidden during her lifetime).
***** Hadran Alach ha'Choletz *****
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