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 Fri, 31 Oct 2014 03:00:00 -0700 240 Yevamos 28 - SUMMARY R. Elazar says that a Yevamah that is forbidden to the Yavam even for one moment is forbidden forever. If two sisters fall to Yibum to two brothers and one if the sisters is an Ervah to one brother and the sister that was not the Ervah fell to Yibum first, the brother that is an Ervah to one of the sisters may do Yibum to the other sister, while the other brother is forbidden to both of them. (1) If two sisters fall to Yibum to two brothers and one of the sisters is an Isur Mitzvah (prohibited mid'Rabanan) to one of the brothers he may only do Chalitzah and not Yibum. (2) If two sisters fall to Yibum to two brothers and one of the sisters is an Ervah to one brother and the other sister is an Ervah to the other brother each brother may do Yibum to the sister that is not an Ervah. If two sisters fall to Yibum to two brothers and one of the sisters is an Isur Mitzvah (prohibited mid'Rabanan) to one of the brothers and the other sister is an Isur Mitzvah to the other brother the brothers may only do Chalitzah and not Yibum. (3) R. Chiya stated that regarding all fifteen Arayos mentioned in the Mishnah there is a possible scenario that two sisters will fall to Yibum from two brothers that died without children and one of the sisters is an Ervah to one surviving brother and the other sister is the very same Ervah to the other surviving brother. Regarding the Ervah of a daughter this scenario is only possible if the daughter was born out of wedlock because if she was born from a legitimate relationship it would be impossible that she would have a sister that was fathered legitimately by the second brother. The reason is that once one brother marries a woman that woman is forbidden to the other brother even after she is divorced. According to R. Shimon if a brother is born after a Yevamah already did Yibum with one of the other brothers that Yevamah is permitted to the newly born brother if her brother dies without children. Only according to this opinion is it possible to have a scenario that two sisters will fall to Yibum from two brothers that died without children and one of the sisters is the Ervah of "Eishes Achiv she'Lo Hayah b'Olamo" and the other sister is the very same Ervah to the other surviving brother. (4) If two brothers are married to two sisters, or to a mother and daughter, or to a mother and granddaughter and both brothers die the surviving brother does Chalitzah but not Yibum to the two wives. R. Shimon learns out from a Pasuk that when two relatives fall to Yibum together from two brothers the Mitzvah of Chalitzah does not apply. However even according to R. Shimon if one of the sisters is an Ervah to one of the brothers he may do Yibum to the other sister.
 
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1. If the sister that is the Ervah fell to Yibum first both brothers would be permitted to do Yibum. The brother that is an Ervah to one of the sisters may do Yibum with the sister that is not an Ervah and the other brother may subsequently do Yibum with the sister that is an Ervah to his brother because she has the status of a Yevamah that was permitted at first and after being prohibited for a time she is again permitted. 2. Even though one of the brothers is forbidden to one of the sisters mid'Rabanan, the permitted sister is still regarded as the sister of a Zekukah since the sister is only prohibited mid'Rabanan. 3. Even though in this case each one of the brothers is forbidden to one of the sisters one may have thought that the Rabanan would allow them to do Yibum to the sister that is permitted since any possible decree doesn't apply in this case; even so the Gemara teaches that Yibum is prohibited. 4. According to R. Shimon this scenario is possible in a case that there are six brothers. Reuven and Shimon marry two sisters named Leah and Rachel. Reuven dies without children and subsequently Yisachar is born. After the birth of Yisachar, Levi does Yibum with Leah. Shimon then dies without children and Zevulun is born. After the birth of Zevulun, Yehudah does Yibum with Rachel. Levi and Yehudah then both die without children. The wife of Levi is an Ervah of "Eishes Achiv she'Lo Hayah b'Olamo" to Yisachar but is permitted to Zevulun since Zevulun was born after Levi did Yibum with her. The wife of Yehudah is prohibited to Zevulun as an Ervah of "Eishes Achiv she'Lo Hayah b'Olamo" but is permitted to Yehudah. This scenario is not possible according the Rabanan that argue with R. Shimon because they hold that in this case the wife of Levi is also prohibited to Zevulun even though he was born after the Yibum of Levi. Therefore Zevulun is prohibited to both the wife of Levi and the wife of Yehudah.

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Yevamos 28 - INSIGHTS THE CONCERN FOR THE POSSIBILITY OF DEATH R. Yochanan holds that we do not suspect that someone will die and therefore we are not concerned for the cancellation of the Mitzvah of Yibum. The Rashba asks that the Mishnah in Yoma says that we are concerned that the wife of the Kohen Gadol will die and for that reason we set aside another wife for the Kohen Gadol prior to Yom ha'Kipurim. The Rashba answers that we do not have a real concern that she will die, but since the possibility of death always exists it doesn't hurt to provide for a contingency just in case. However in this case we will not take away the Mitzvah of Yibum just in case one of the brothers will die since we do not have a real concern for death.

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Yevamos 28 - HALACHA A YEVAMAH THAT IS PROHIBITED FOR THE FIRST MOMENT If two brothers were married to two sisters and they both died and we do not know which one died first, since it is impossible to do Yibum to both of them and the Zikah applies to both of them, the brother must do Chalitzah and not Yibum. Even if one of the sisters is a Sheniyah to the Yavam or is a Isur Aseh or Isur Lav the Yavam must do Chalitzah and not Yibum. However if one of the sisters is an Ervah the Yavam may do Chalitzah with the other sister since the Zikah does not apply to the Ervah. (Shulchan Aruch EH 175:2)

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Yevamos 27 - SUMMARY Shmuel says that if two sisters fall to two brothers a Chalitzah that is done with the sisters does not free the Tzaros to get married, however a Chalitzah done with the Tzaros does free the sisters to get married. Shmuel says that if one of the brothers gives a Get or does Ma'amar to the Yevamah a Chalitzah of the Yevamah will not free the Tzaros to get married however a Chalitzah of the Tzarah does free the Yevamah to get married. The Tzarah of the relative of a Chalutzah is prohibited. (1) R. Ashi says that even according to the opinion that "Yesh Zikah" the Zikah is not strong enough to make the Tzarah into an Ervah. R. Nachman Bar Yitzchak says that the Chachamim re-instituted the decree of R. Yochanan Ben Nuri that a Tzaras Ervah requires Chalitzah. If a Yevamah received a Get from the Yavam and her Tzarah did Ma'amar with the Yavam, they are considered equal and the Yavam may do Chalitzah with either one of them. Raban Gamliel admits that if a Yavam gives a Get to the Yevamah and also does Ma'amar with the Tzarah both the Get and the Ma'amar are valid. (2) Rav says that if two sisters fall to Yibum and one of them dies, the brother is permitted to do Yibum with the surviving sister. R. Yochanan says that only if the second sister dies would it be permitted to do Yibum with the first sister but not vice versa. (3) Rav holds that the adage "anytime the Mitzvah of Yibum does not apply immediately upon the death of the brother it will not apply later on" only applies if the Yevamah is an Ervah and is prohibited by the Torah but if she is only prohibited mid'Rabanan because of Zikah it does not apply.
 
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1. Even if the relative of a Chalutzah was married to someone other than the brother. 2. Although Raban Gamliel holds that if a Yavam gives a Get to the Yevamah and the same Yavam also gives a Get to the Tzarah that the second Get has no validity, however if he gives a Get and then does Ma'amar they are both valid. 3. The reason is because anytime the Mitzvah of Yibum does not apply immediately upon the death of the brother it will not apply later on even if the circumstances change.

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Yevamos 27 - INSIGHTS MA'AMAR AFTER A GET The Gemara says that if a Get is more preferred than Ma'amar than a Ma'amar that is done after a Get is given should not be valid. Tosfos asks that even after Chalitzah if the Yavam does Kidushin it is valid so certainly after a Get a Ma'amar should be valid. Tosfos answers that Kidushin is different because Kidushin is mid'Oraisa while Ma'amar is mid'Rabanan and therefore a Ma'amar would not work after a Get if the Get is preferred. The Ri gives a different answer that this Beraisa of R. Gamliel is going according to R. Akiva who holds that a Kidushin after a Chalitzah is not valid and so too a Kidushin after a Get would not be valid if a Get is preferred.

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Yevamos 27 - HALACHA THE SISTER OF A CHALUTZAH The sister of a Chalutzah is prohibited mid'Rabanan, therefore is she falls to Yibum the Yavam does Chalitzah not Yibum. The Tzarah is prohibited mid'Rabanan as well and she does Chalitzah not Yibum. (Shulchan Aruch EH 174:3)

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Yevamos 26 - SUMMARY If the wife of the Chacham or the wife of the agent that brought a Get dies afterwards the woman is permitted to him. If he divorced his wife afterwards she would be permitted to him under certain circumstances. (1) If the woman that received the Get from an agent or was permitted to remarry on the basis of a witness' testimony that her husband died, married someone else in the interim, once her husband dies or divorces her she is permitted to the person that brought the Get or that testified on her behalf. If a woman becomes a widow twice she is no longer allowed to remarry. A woman that received the Get from an agent or was permitted to remarry on the basis of a witness' testimony is permitted to marry the close relatives of the agent or of the witness. The woman that is prohibited to marry the Chacham or the agent may marry the son or brother of the agent or Chacham. However if a person has an out-of-wedlock relationship with a woman, he is prohibited to her mother, daughter and sister. (2) If there are four brothers and two of them are married to two sisters and they die without children, the two surviving brothers do Chalitzah but not Yibum. (3) Even according to the opinion of "Ein Zikah" if two sisters fall to one or two brothers, it is prohibited to do Yibum because of the possibility of the cancellation of the Mitzvah of Yibum. (4) If two sisters fall to three surviving brothers according to the opinion of "Ein Zikah" it is permitted for the brothers to do Yibum because we are not concerned with the possibility of the cancellation of the Mitzvah of Yibum, since it is not likely that after one brother does Yibum the other two brothers will both die. Rav says that if three sisters fall to Yibum to two brothers at different times each brother must do Chalitzah to one of the sisters and the third sister requires Chalitzah from both brothers. (5) If three sisters fall to Yibum to two brothers at the same time both brothers must do Chalitzah to the three sisters according to the opinion that "Yesh Zikah". Shmuel says that the same brother may do Chalitzah to all of three sisters.
 
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1. If the marital conflict predated this incident or if his wife was the instigator of the conflict the woman would be permitted to them after the divorce. 2. Because of the concern that after he marries the relative he will continue his previous relationship and they will be liable for Kares. However the woman that is prohibited to marry the Chacham or the agent may marry the son or brother of the agent or Chacham because there is no concern that she will have a relationship with the Chacham after her marriage because her husband will keep an eye on her or because men don't usually visit their relatives. 3. If one of the surviving brothers is an Ervah to one of the sisters he may do Yibum to the other sister. 4. If there is only one surviving brother there is certainly a cancellation of the Mitzvah of Yibum if he does Yibum to one sister prior to doing Chalitzah with the other. If there are two surviving brothers it is also possible that there will be a cancellation of the Mitzvah of Yibum, in the event that one brother does Yibum to one of the sisters and the other brother dies before he has a chance to do Yibum, the Mitzvah of Yibum no longer applies to the second sister since she has now become an Ervah to the surviving brother. 5. According to the opinion "Yesh Zikah" the Zikah is very strong and thus the Yevamah falls to both brothers. It is prohibited to do Yibum with the third sister since she is the sister of a Chalutzah which is prohibited, thus the Chalitzah is a second rate Chalitzah and she requires Chalitzah from both brothers.

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Yevamos 26 - INSIGHTS A WOMAN THAT IS TWICE DIVORCED The Gemara says that if a woman becomes a widow twice she is no longer allowed to remarry. Rashi says that the same is true if she was divorced twice. However Tosfos says that it does not apply to a woman that was divorced, only to a woman that was widowed. The Ritva explains that regarding a woman that was widowed twice we are concerned that possibly she was the cause of her husbands' deaths either because of her bad Mazal or for a physical reason. However that does not apply to a divorcee since a woman can't divorce her husband only the husband has the power to divorce thus she played no role and is not at fault for her divorces.

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Yevamos 26 - HALACHA A WOMAN THAT IS TWICE WIDOWED If a woman is widowed twice she is no longer allowed to remarry because there is a Chazakah that her husbands die. However if she does marry a third time they do not have to get divorced and even if they only did Eirusin they may get married. If the third husband was aware of her status she receives a Kesuvah; if he was not aware she doe not receive a Kesuvah, however from the second husband she does get a Kesuvah. Some opinions hold that the prohibition of marrying a third time only applies if her husbands died natural deaths, therefore many Poskim are lenient regarding this. Some says that the prohibition also applies to a woman that divorces twice and some Poskim disagree and the Halachah follows the second opinion. If a man becomes a widower twice he may marry a third time. (Shulchan Aruch EH 9:1,2)

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