Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Tue, 21 Oct 2014 03:00:00 -0700 240 Yevamos 18 - SUMMARY Zikah is not suspended even upon the death of the Yevamah. According to the one that holds "Yesh Zikah" if a third brother is born after the death of the first brother and subsequently the second brother dies, even if the second brother did not even do Ma'amar, it is forbidden for the third brother to do Yibum with his wife. (1) Bais Shamai holds that Ma'amar (Kidushin of the Yevamah) is a valid Kinyan just like Yibum. (2) If two brothers that were married to two sisters die without children and the sisters fall to Yibum to two surviving brothers, the brothers must do Chalitzah and not Yibum. (3) Raban Gamliel is not concerned with the suspension of the Mitzvah of Yibum and R. Meir is concerned even with the possibility of the suspension of the Mitzvah of Yibum. (4) If one of the brothers does Kidushin with the sister of a Shomeres Yavam, according to R. Yehudah Ben Beseira he must wait until the brother does Chalitzah or Yibum before he marries her. Shmuel says that the Halachah follows R. Yehudah Ben Beseirah because he holds "Yesh Zikah" and therefore he also holds that if the Shomeres Yavam dies it is forbidden for the Yavam to marry her mother. R. Oshiya says that R. Shimon holds that even if a third brother is born prior to the Yibum of the second brother the Yevamah is not prohibited to him in the event that the second brother dies. (5) According to R. Shimon the prohibition of the Ervah of "Eishis Achiv she'Lo Hayah b'Olamo" only applies if the brother that was born is the only brother or if the second brother is still alive but has not yet done Yibum. If the first brother dies without children and the second brother does Ma'amar to the Yevamah and subsequently dies, the third brother must do Chalitzah to both wives according to the Rabanan and according to R. Shimon he should do Yibum with one and Chalitzah with the other. (6)
 
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1. This is because his wife would be regarded as the Tzarah of an Ervah b'Zikah. The Ervah in this case is the Yevamah from the first brother who is an "Eishes Achiv she'Lo Hayah b'Olomo". However according to the opinion that holds "Ein Zikah" only if the second brother did Ma'amar is it forbidden for the third brother to do Yibum with his wife. 2. According to Beis Shamai if the second brother does Ma'amar before he dies his wife does not even need Chalitzah from the third brother that was born after the death of the first brother. 3. The reason for this is because "Yesh Zikah" and therefore each sister is forbidden as a sister of a wife. According to the one that holds "Ein Zikah" it is forbidden because of the possibility of the suspension of the Mitzvah of Yibum. Maybe after one brother does Yibum the other brother will die and the Mitzvah of Yibum will no longer apply to the second sister. 4. If two brothers are married to two sisters and one of the sisters is a minor that was married off by her mother and brothers and thus the Kidushin is only mid'Rabanan, according to Raban Gamliel, if the older brother dies without children and the sister that is a minor does not wish to do Mi'un, the brother should wait until she becomes a Gedolah and the Mitzvah of Yibum will be suspended. 5. R. Shimon permits the Yevamah in this case because he holds "Yesh Zikah" and that Zikah is tantamount to a marriage. 6. The Rabanan prohibit Yibum in this case because of the prohibition of Zikah from two different brothers but R. Shimon does not agree that there exists such a prohibition of Zikah from two different brothers.

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Yevamos 18 - INSIGHTS YESH ZIKAH The Gemara says that according to the one that holds "Yesh Zikah" if the Shomeres Yavam dies her mother is forbidden to the Yavam. However if the Yavam does Kidushin with the mother even while the Yevamah is still alive the Kidushin is valid. The reason is because Zikah is not as strong as a Kidushin even according to the one that holds "Yesh Zikah". The proof to this is that the Mishnah says that if one of the brother does Kidushin with the sister of a Shomeres Yavam the Kidushin is valid and he just has to wait before marrying her until the brother does Chalitzah or Yibum according to the one that holds "Yesh Zikah". (Nimukei Yosef)

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Yevamos 18 - HALACHA THE RELATIVES OF A SHOMERES YAVAM The Yavam is forbidden to the relatives of his Shomeres Yavam even if she dies prior to Chalitzah or Yibum whether there is one Yavam or two. Therefore, if one of the brothers does Kidushin with the sister of a Shomeres Yavam the Kidushin is valid and he just has to wait before marrying her until the brother does Chalitzah or Yibum. Some say that the prohibition only applies if he did Kidushin but if he married her the Zikah is suspended and he does not have to wait. There are some opinions that hold that nowadays that we have Cherem R. Gershon not to marry two wives if a Shomeres Yavam falls to you it is prohibited to marry someone else until you do Chalitzah. (Shulchan Aruch EH 159:5)

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Yevamos 17 - SUMMARY R. Yochanan says that most of the Jews living in the areas to which the ten tribes were exiled are Mamzeirim. (1) Shmuel says that a child born from a non-Jewish mother and a Jewish father is not Jewish. Ravina says that a child born from a non-Jewish father and a Jewish mother is regarded as Jewish. The girls of the generation of the exile of the ten tribes were unable to bear children. Klal Yisrael will make a Yom Tov on the day that Tarmod is destroyed. (2) People of uncertain lineage congregate in the city of Harfnaya, thus making it a city full of Mamzeirim. (3) Our sages learn out from a Pasuk that a brother that is born after his older brother dies without children is prohibited to the Yevamah and her Tzaros. The Mitzvah of Yibum applies only to brothers from the father and not to brothers from the mother. Our sages learn out from the word "Yachdav" that Yibum applies only to brothers' wives and not to the wife of an uncle. Our sages learn out from the Gezeirah Shaveh of "Achim" that the Mitzvah of Yibum applies to all brothers from a father and not only to brothers that share both a father and a mother. (4) R. Huna says that if the Shomeres Yavam (a Yevamah prior to Yibum) dies it is permitted for the Yavam to marry her mother even if he is the sole Yavam. R. Yehudah says that the mother is prohibited even after the death of the Shomeres Yavam. (5) While the Shomeres Yavam is alive even according to R. Huna her mother is prohibited because it is forbidden to suspend the Mitzvah of Yibum. (6)
 
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1. This opinion holds that a child born from a Jewish mother and a non-Jewish father is a Mamzer. 2. Because the residents of the city are Mamzeirim and marry into Klal Yisrael, thus creating more Mamzeirim. 3. The city of Harfnaya is worse than Gehinom because there is hope for the people that go to Gehinom but there is no hope for the Mamzeirim of Harfnaya. 4. Since Yibum is a novel Mitzvah that permits an Ervah that is usually forbidden, I might think that it only applies to brothers that share both a father and a mother. 5. R. Huna holds "Ain Zikah" -the impending Mitzvah of Yibum does not bond the Yevamah to the Yavam, and R. Yehudah holds "Yesh Zikah". 6. If the Yavam would marry the mother the Mitzvah of Yibum would no longer apply to the daughter.

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Yevamos 17 - INSIGHTS BROTHERS FROM A FATHER SHARE AN INHERITANCE The Gemara says that I might have thought that Yibum applies to the wife of an uncle therefore our sages learn out from the word "Yachdav" - singular in inheritance. Rashi explains that they share the same inheritance, as opposed to Lot that does not share an inheritance [with Avraham]. The Rashba asks that Lot does share the inheritance of his grandfather Terach together with Avraham. Additionally brothers from the mother also share an inheritance upon the death of their mother. The Rashba answers that since Lot only shares the inheritance because his father already died and had his father been alive he would not inherit, and brothers from the mother only inherit their mother's property if her husband predeceases her, it is not regarded as "Yachdav" since the inheritance is not a sure thing.

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Yevamos 17 - HALACHA THE MITZVAH OF YIBUM If a brother from the father dies without children it is a Mitzvah to do Yibum with his wife whether she is a wife from Eirusin or Nisu'in. (Shulchan Aruch EH 156:1) Even if his wife has children from a previous marriage the Mitzvah of Yibum still applies. (Pischei Teshuvah)

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Yevamos 16 - SUMMARY In the times of R. Dosa Ben Horkinus a Tzarah of an Ervah was permitted to do Yibum. (1) Chagai ha'Navi said that a Tzarah of an Ervah is forbidden to do Yibum and that the residents of Amon and Mo'av separate Ma'aser Ani on Shvi'is and that we accept Geirim from Karduyim and Tarmudim. There were many cities that were captured by the Olei Mitzrayim and not by the Olei Bavel. The first Kedushah of Eretz Yisrael was only temporary and therefore the Olei Bavel decided to leave the area of Amon and Mo'av unsanctified so that the poor would have food to eat on Shvi'is. (2) No Geirim are accepted form Kartuyim because even though they are Jewish they are Mamzeirim. The Tana Kama says that clothing in Rekem that is spotted with the blood of a Nidah is Tahor and R. Yehudah says it is Tamei because they are Geirim but don't realize it. (3) There are two contradictory statements accredited to R. Yochanan regarding whether we accept Geirim from the residents of Tarmod. According to the opinion that Geirim are not accepted from Tarmod the reason is because the residents were offspring from the servants of Shlomo that married Jewish girls or because they were offspring of the daughters of Yerushalayim that were grabbed by the Goyim at the time of the destruction of the Beis ha'Mikdash. (4) The Pasuk "I was a youth and now I am an old and I have never seen a Tzadik that was abandoned" is a statement of an angel. At the time of the destruction of the Beis ha'Mikdash the nations of Amon and Mo'av were more concerned with burning the Sifrei Torah that bans them from marrying into Klal Yisrael than with collecting gold and silver. If a gentile does Kidushin with a Jewish girl in the places that the ten tribes were exiled to, it is regarded as a Safek Kidushin. (5)
 
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1. This is conclusive proof that Beis Shamai did act upon their words. 2. Even though in the time of the first Beis ha'Mikdash the Dinim of Shvi'is did apply to the parts of Amon and Mo'av that were captured from Sichon and Og, in the time of the second Beis ha'Mikdash they did not sanctify that part of Eretz Yisrael and it was Patur from Shvi'is. Instead they decreed that the residents of the area should separate Ma'aser Ani on Shvi'is so that the poor people of Eretz Yisrael would have something to rely on during the year of Shvi'is. Additionally the poor people could collect the Leket and Pe'ah from the fields of Amon and Mo'av and also have the possibility of getting a job working in the fields of Amon and Mo'av on Shvi'is. 3. According to the Tana Kama the blood is Tahor because they are Goyim and the decree of the Rabanan that a blood stain from a Nidah is Tamei does not apply to gentiles. 4. This opinion holds that if a Nochri or a servant marries a Jewish girl the offspring will be a Mamzer. Therefore they did not accept Geirim from Tarmod because the residents were Mamzeirim. 5. This is because of the possibility that he is actually a Jewish person from the ten tribes. Even though the majority of the people that live in the area are not from the ten tribes, since the area in which the Kidushin took place is where the ten tribes live we do not follow the majority. Instead we regard it as 50/50.

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Yevamos 16 - INSIGHTS THE BROTHER OF R. DOSA BEN HORKINUS AND R. AKIVA The Gemara says that the brother of R. Dosa Ben Horkinus told R. Akiva that he had not yet reached the cattle shepherds and R. Akiva retorted that not even to sheep shepherds. The Maharsha explains that the words of the brother were a reference to the earlier prophets of which some of them were cattle shepherds such as the prophet Amos. He was implying that even though Chagai who was a later prophet prohibits the Tzarah of an Ervah, the early prophets permit it. R. Akiva retorted that he had not yet even reached the sheep shepherds. This is a reference to Moshe Rabeinu who was a sheep shepherd. The implication of his words is that the Halachah that the Tzarah of an Ervah is permitted originates from Moshe Rabeinu who received this Halachah on Har Sinai.

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Yevamos 16 - HALACHA MARRIAGE WITH A NON-JEW If a Jewish person does a Kidushin with a non-Jewish girl it is not valid and if a non-Jew does a Kidushin with a Jewish girl it is not valid. If a Jew that is a heretic does Kidushin with a Jewish girl it is valid and a Get would be required. Any children born from that union has the status of a kosher Jew. However a child born from a non-Jewish girl even if the father is Jewish is regarded as a Nochri. But if the mother is Jewish and the father is a non-Jew the child is a valid Jew. (Shulchan Aruch EH 44:8-9)

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