REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Yevamos 28
YEVAMOS 28 (19 Teves) - dedicated to the memory of Hagaon Rav Yisrael
Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad
Yisrael (on Rambam) and many other Sefarim. Sponsored by his son, Reb
Chananel Benayahu Krieger Krieger (Yerushalayim).
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1)
(a) We just learned that, according to Rebbi Yochanan, our Mishnah, which
requires both brothers to perform Chalitzah with the two sisters who fell to
Yibum, must be a mistake (because one of the brothers would later permitted
to make Yibum with the first sister that fell). Why does he decline to
explain that it is ...
1. ... a decree in case he first makes Chalitzah with the *first* Yevamah,
and Yibum with the second?
2. ... because really the Tana holds 'Ein Zikah', and he decreed in all
cases of two sisters who fall to two brothers, whenever one of them requires
Chalitzah and the other, Yibum, that one must make Chalitzah with both, in
case one comes to perform Yibum first, and the other brother dies, causing
the Mitzvah of Yibum to become negated?
(b) And why does he not answer that the Tana of our Mishnah is ...
1. ... Rebbi Elazar, whom we know holds that any Yevamah who was forbidden
even for one hour, remains forbidden forever?
2. ... Rebbi Yossi Hagelili, who maintains that two twin events can occur
simultaneously, and our Mishnah speaks when both brothers died (and both
sisters fell to Yibum) at the same time, in which case neither of them was
permitted when they fell?
(c) Maybe our Mishnah speaks when they simply don't know which sister fell
first, and that explains why neither Yavam may perform Yibum?
2)
We learned in our Mishnah that if one of the sisters was forbidden to one of
the brothers with an Isur Ervah (Chamoso, say), then he is permitted to
perform Yibum with the second one; whereas the second brother is forbidden
to make Yibum with either sister. Why must the Tana be speaking when the
sister who is not his mother-in-law fell to Yibum first?
3)
(a) Rebbi Eliezer in a Beraisa maintains (like he does in our Mishnah) that
it is Beis Hillel who hold 'Im Kansu Yotzi'u'; Beis Shamai hold 'Yekaymu'.
Aba Shaul reverses the opinions. Rebbi Shimon holds 'Im Kansu, Yekaymu'.
Why does he make a statement at all, since it seems as if he holds either
like Beis Shamai (according to Rebbi Eliezer) or like Beis Hillel (according
to Aba Shaul)?
(b) We already learned above in a Mishnah in Perek Keitzad that, when two
sisters fall to *one* Yavam, 'Achosah ke'she'Hi Yevimtah, O Choletzes O
Misyabemes'. Why does the Tana see fit to repeat it ...
- ... here in our Mishnah?
- ... there, having learned it here?
(c) We also learned there 'Isur Mitzvah ve'Isur Kedushah Choletzes ve'Lo
Misyabemes'. Why does the Tana see fit to repeat it here?
(d) But how can we even have thought that he may perform with her, seeing as
min ha'Torah, an Isur Mitzvah falls to Yibum. Is it not obvious that when
she is also Achos Zekukaso, the Yavam will be forbidden to perform Yibum
with her?
Answers to questions
28b---------------------------------------28b
4)
The Tana has already taught us in the Reisha that if one of the Yevamos is
an Ervah to the Yavam, then he is permitted to perform Yibum with her
Tzarah. Having taught this ...
1. ... there, why does the Tana need to inform us that the same will apply
in the Seifa (when two sisters fall to *two* brothers each of whom is an
Ervah to one of the brothers?
2. ... in the Seifa), why does he need to repeat it in the Reisha (when
there is only *one*)?
5)
(a) What does the Tana mean when he writes '*ve'Zu Hi she'Amru*, Achosah
ke'she'Hi Yevimtah O Choletzes O Misyabemes'?
(b) Why does the Tana need to repeat this in the case when each of the
sisters is also an Isur Mitzvah on one of the two Yevamin, having already
taught it to us when one of them is?
6)
(a) According to Rav Yehudah Amar Rav and Rebbi Chiya's Beraisa, ha'Asurah
la'Zeh Muteres la'Zeh ... ' applies to all of the fifteen Arayos listed at
the beginning of the Masechta. Rav Yehudah himself disagrees. In his
opinion, it only applies to the cases from Chamoso and onwards. Why will
it not apply to the first six cases connected with 'Bito'?
(b) Abaye agrees with the first opinion, because since the case is possible,
who cares whether it is through marriage or through rape? He does not
however, agree that Rebbi Chiya's principle applies by Eishes Achiv she'Lo
Hayah be'Olamo. Why not?
(c) What will be the case according to Rebbi Shimon?
(d) Why is it necessary, when spelling out the case, to mention that
Yehudah, the fourth brother, performed Yibum, since the Yevamah would be
permitted to Zevulun, the fifth brother, even if he had not done so?
7)
And how would we find the case of 'ha'Asurah la'Zeh, Muteres la'Zeh' by the
Tzaras Tzarah as well?
8)
(a) According to the Tana Kama, if two of three brothers married two
sisters, a woman and her daughter or a woman and her granddaughter, and
died, the third brother must make Chalitzah and not Yibum. What does Rebbi
Shimon say? What is his reason?
(b) What will the Din be, if one of the two sisters is ...
- ... an Ervah to him?
- ... an Isur Mitzvah or an Isur Kedushah?
(c) We have already learned above that if one of the two sisters is an Ervah
on one of the brothers he is permitted to make Yibum on the second sister.
The Tana mentions it because of Rebbi Shimon. What does Rebbi Shimon say?
Why is this a Chidush?
Answers to questions
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