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, 24 Oct 2014 03:00:00 -0700 240 Yevamos 21 - SUMMARY Yibum between a Kohen Gadol and a widow from Nisu'in is not valid and doesn't allow the Tzarah to get remarried. There is a dispute between R. Yochanan and R. Elazar whether Yibum between a Kohen Gadol and a widow from Erusin allows the Tzarah to get remarried. (1) Cheating customers with inaccurate scales is punished harsher than the punishment of immorality. (2) Without the decrees of Shlomo ha'Melech, the Torah was analogous to a box without handles. After Shlomo ha'Melech instituted the prohibition of Sheniyos (secondary Arayos), the Torah was analogous to a box with handles. If Shlomo ha'Melech had not instituted the prohibition of Sheniyos the prohibition of Arayos would be unguarded and thus it would be more likely that a person will stumble in the transgression of Arayos. The prohibition of Sheniyos includes a grandmother, the wife of the father's mother, the wife of a grandfather, and the wife of a father's brother from the mother, the wife of a mother's brother from the father, and the daughter-in-law of both a son and a daughter. (3) The wife of a stepson is not included in the decree of Sheniyos even though the daughter of a stepson is prohibited by the Torah because she is the granddaughter of his wife. All of the Sheniyos are prohibited not only for that generation but also for the generation before and after. For example, a grandmother and great grandmother and great-great grandmother are all prohibited. However there are three exceptions according to Rav and four exceptions according to Ze'iri. The Rabanan prohibited the daughter-in-law of the daughter as a Gezeirah so that a person won't confuse it with the daughter-in-law of the son. There is a dispute between Rav and R. Safra whether his mother's maternal brother's is included in the prohibition of Sheniyos. Ameimar permits the wife of the brother of the father's father and the sister of the father's father.
 
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1. One opinion holds that an Aseh supersedes a Lo Sa'aseh and thus it is a valid Yibum, and the other opinion holds that in a case like this, it is possible to fulfill both the Aseh and the Lo Sa'aseh by means of doing Chalitzah, and the precept of an Aseh superseding a Lo Sa'aseh doesn't apply. 2. The reason is because repentance is possible with regards to the transgression of immorality (as long as a Mamzer was not brought into the world), while it is impossible to repent after cheating countless people with inaccurate scales. 3. The exceptions are his father's maternal brother's wife, his mother's paternal brother's wife, his daughter's daughter-in-law, and Ze'iri adds his mother's father's wife.

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Yevamos 21 - INSIGHTS THE DECREES OF SHLOMO HA'MELECH The Gemara says that after Shlomo ha'Melech instituted the prohibition of Sheniyos (secondary Arayos) the Torah was analogous to a box with Oznayim (lit. ears). The word Oznayim is used for the decrees of Shlomo ha'Melech, because his decrees strengthened the Oral Torah. The Oral Torah is analogous to ears since the Oral Torah may not be written down, and thus the only way to learn it is to listen to the Rebbe. The Written Torah is analogous to eyes because it only may be learned while looking at the Sefer, it may not be learned by heart. Therefore the Pasuk says 'An ear listens and an eye sees; Hashem made both of them.' This Pasuk is a reference to the two parts of the Torah, the Oral Torah and the Written Torah. the Oral Torah is the ear and the Written Torah is the eye. (Ben Yehoyada)

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Yevamos 21 - HALACHA INACCURATE SCALES The punishment for inaccurate scales is very severe because it is impossible to do proper repentance and also because it is as a denial of Yetzi'as Mitzrayim. (Shulchan Aruch CM 231:19) Distorting one's scales is regarded is as a denial of Yetzi'as Mitzrayim because a person distorts his scales in secret making sure that no one can see him and yet he is not afraid of Hashem Yisborach because he does not believe in the Divine Providence of Hashem. Anyone who denies the Divine Providence is also denying Yetzi'as Mitzrayim because that is when the Divine Providence of Hashem became obvious to all by means of the miracles and wonders that accompanied Yetzi'as Mitzrayim. (S'MA)

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Yevamos 20 - SUMMARY Once the brother does Yibum the Yevamah is regarded as his wife in every aspect. (1) Although R. Shimon permits the Yevamah to the third brother born after the Yibum of the second brother because by the time he was born she was permitted, that concept does not apply to a sister from the mother who marries the brother from the father, because a sister is a prohibition that is never permitted. If two sisters fall to Yibum from two different brothers and one of them is an Isur Ervah to the Yavam he may do Yibum with the other sister. If the Yevamah is an Isur Mitzvah or an Isur Kedushah the Yavam does Chalitzah but not Yibum. Isurei Mitzvah are the women that the Rabanan prohibited and Isurei Kedushah are the women that are prohibited with a Lav but are not punished with Kares. R. Yehudah in the Beraisa reverses the two. (2) Rava says that a person that does not uphold the dictates of the Chachamim is not only regarded as a Kadosh, but he is also considered a Rasha. A Kohen Gadol may not do Yibum with a widow even is she was a widow from Eirusin not Nisu'in. (3) Although an Aseh supersedes a Lo Sa'aseh our sages learn out from a Pasuk that the Aseh of Yibum does not supersede the Lo Sa'aseh of a Kohen Gadol marrying a widow from Eirusin. (4) If b'Di'eved a Yavam does Yibum with an Isur Mitzvah the Tzarah would be free to get married. If a Petzu'a Daka, Krus Shafchah, or Saris does Yibum, it is b'Di'eved a valid Yibum but he may not remain married to the Yevamah because of the Lav that prohibits them from marrying a Jewish girl. Rava says that a Kohen Gadol may not do Yibum with a widow from Eirusin because of a Gezeirah that the first Bi'ah that is permitted may be followed with a second Bi'ah that is prohibited. Reish Lakish says that any time a Mitzvas Aseh is in conflict with a Lo Sa'aseh if it is possible to do both of them, it is required to do so. If it is not possible to do both the Mitzvas Aseh supersedes the Lo Sa'aseh. (5)
 
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1. If they want to split up he gives her a Get and no Chalitzah is necessary and he may remarry her if he chooses. 2. The women that the are prohibited mid'Rabanan are called an Isur Mitzvah because it is a Mitzvah to listen to the words of the Chachamim. According to R. Yehudah they are called an Isur Kedushah because a person must sanctify himself even with things that are permitted according to the Torah The women that are prohibited from the Torah are called an Isur Kedushah because the Pasuk says "Kedoshim Yehiyu". According to R. Yehudah they are called an Isur Mitzvah because the Pasuk says "Eileh ha'Mitzvos". 3. A widow from Eirusin is only prohibited with a Lo Sa'aseh since she is still a Besulah while a widow from Nisu'in is prohibited with a Lo Sa'aseh and also an Aseh. 4. The Pasuk teaches us that regarding a Yevamah that is an Isur Lav only the Mitzvah of Chalitzah applies not Yibum. However this Pasuk does not include an Isur Ervah because regarding an Isur Ervah there is a different Pasuk that teaches that if the Mitzvah of Chalitzah applies so does the Mitzvah of Yibum. 5. For this reason the Mitzvas Aseh of Yibum does not supersede a Lo Sa'aseh because it is possible to do both Mitzvos by doing Chalitzah instead of Yibum.

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Yevamos 20 - INSIGHTS MITZVAS ASEH SUPERSEDES A LO SA'ASEH Rava says that a Kohen Gadol may not do Yibum with a widow from Eirusin because of a Gezeirah that the first Bi'ah that is permitted may be followed with a second Bi'ah that is prohibited. The Ritva asks that every Yibum should only be permitted for the first Bi'ah and not for a second Bi'ah. Since every case of Yibum is prohibited because of the Ervah of the wife of a brother and the Torah permits it only for the Mitzvah of Yibum once the Mitzvah is completed with the first Bi'ah the Yevamah should now be prohibited since the Mitzvah has already been done. The Ritva answers that the Torah permits Yibum completely and therefore the Ervah of the wife of a brother no longer applies. However if the Yevamah is prohibited for something other than the wife of a brother the Torah does not give a permit for it and thus the Yibum can only be done using the concept of an Aseh superseding a Lo Sa'aseh. Therefore when the Mitzvas Aseh is completed the Yevamah will be prohibited to the Yavam.

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Yevamos 20 - HALACHA AN ISUR MITZVAH AND ISUR KEDUSHAH A Yevamah that is prohibited with a Lav or an Aseh or mid'Rabanan to the Yavam may do Chalitzah but not Yibum and her Tzarah may do either Chalitzah or Yibum. (Shulchan Aruch EH 174:1) The Gemara says that if the Yavam is an Isur Lav she is permitted by the Torah to the Yavam for the first Bi'ah but the Rabanan made a Gezeirah that the first Bi'ah is forbidden lest it be followed with a second Bi'ah that is prohibited. Tosfos says that even the first Bi'ah is only partially permitted because Yibum is accomplished with a partial Bi'ah. (Beis Shmuel)

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Yevamos 19 - SUMMARY R. Shimon is in doubt whether Ma'amar is a valid Kinyan or not. Abaye says that according to R. Shimon that only in a case that there is only one Yavam Zikah is tantamount to a marriage but not when there are two Yavamim. If two brothers are married to two sisters or to a mother and daughter or mother and granddaughter and the brothers die, the surviving brother must do Chalitzah to both Yevamos according to the Tana Kama. R. Shimon holds no Chalitzah is required. (1) If two bothers that are married to two sisters die one after the other, according to R. Shimon who holds "Yesh Zikah" he can do Yibum to the sister that fell to him first and the sister that fell to him afterwards is free to remarry without Chalitzah. If the two brothers die at the exact same time no Yibum of Chalitzah is required. R. Papa says that R. Shimon agrees that if a third brother is born prior to the Yibum of the second brother, Yevamah is prohibited to him. R. Shimon permits the Yevamah to the third brother born after the Yibum of the second brother because by the time he was born she was permitted; there was not even one second that the Yevamah was prohibited to him. Regarding a person that does Ma'amar against the will of the Yevamah, Rebbe says it is a valid Ma'amar and the Rabanan disagree. (2) If after the second brother did Ma'amar with the Yevamah a third brother is born, the Tana Kama holds that Chalitzah must be done with the second Yevamah, but is not required for the first Yevamah and R. Shimon holds either Yibum or Chalitzah may be done with the second Yevamah and nothing is required with the first Yevamah. (3) According to R. Shimon if the brother does Chalitzah to the first Yevamah that does not let the second Yevamah off the hook, because Ma'amar may not be a valid Kinyan. The Rabanan prohibit "Eshes Achiv she'Lo Hayah b'Olamo" even if the third brother is born after the second brother did Yibum because they learn out from a Pasuk that even after the Yibum she is still called a Yevamah.
 
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1. According to the Rabanan Yibum may not be done with either Yevamah because of the prohibition of a relative of a Zekukah. R. Shimon learns out from a Pasuk that when two relatives fall to Yibum to the same brother the Mitzvah of Yibum and Chalitzah does not apply. 2. Rebbe holds that Ma'amar should be learned out from Yibum. Just like Yibum works against the will of the Yevamah it is the same with Ma'amar. The Rabanan hold that Ma'amar should be learned out from Kidushin. Just as Kidushin only works with consent from the woman it is the same with Ma'amar. 3. R. Shimon is unsure whether Ma'amar is a valid Kinyan. If it is a valid Kinyan this is a case that a third brother is born after the Yibum of a second brother and thus it is regarded as two wives falling to Yibum from the same person and the Halachah would be he may do Yibum with either one of the two wives and the other wife is free to get remarried without anything. However if Ma'amar is not a valid Kinyan it has no significance at all according to R. Shimon and it would not even be regarded as a partial Kinyan and thus it is a case of two Yevamos falling from two separate brothers. The first Yevamah is prohibited because of "Eshes Achiv she'Lo Hayah b'Olamo" and the second Yevamah is permitted to do Yibum. Therefore because of the doubt that R. Shimon has regarding Ma'amar the Halachah is that he does either Yibum or Chalitzah with the second Yevamah and that the first Yevamah is free to get remarried. The Rabanan on the other hand hold that Ma'amar is regarded as a partial Kinyan and therefore no Yibum is allowed because one of the two Yevamos is "Eshes Achiv she'Lo Hayah b'Olamo" and therefore he should do Chalitzah to both of them.

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Yevamos 19 - INSIGHTS A SIMULTANEOUS ZIKAH The Gemara says that R. Shimon holds like R. Yosi ha'Glili that it is possible for two things to happen simultaneously and therefore it is possible for two Yevamos from two different brothers to fall to Yibum simultaneously. The Keren Orah asks even if R. Shimon does not agree with R. Yosi ha'Glili it is still possible for two Yevamos from two different brothers to fall to Yibum simultaneously if the Yavam is a Katan at the time the brother died. In such a case the Yevamos would fall to him simultaneously the second he becomes a Gadol. The Keren Orah answers that even though a Katan may not do Yibum according to some opinions his Zikah would be tantamount to a marriage since the Yevamah is not free to get married because of his presence. Therefore it is regarded as if the Yevamah falls to him while he is still a Katan and thus the two Yevamos are not falling to him simultaneously.

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Yevamos 19 - HALACHA THE MITZVAH OF MA'AMAR Ma'amar may only be done with the consent of the Yevamah and in the case of a Ketanah that was widowed from Eirusin it requires the consent of her father. (Shulchan Aruch EH 166:3)

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