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YEVAMOS 13

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SUMMARY

Rav Zevid says that women who give birth must have had two hairs, but they may have fallen out as a result of the labor.
 
Rav Yehudah: The Chachamim derive from a verse that a Tzarah has the same status as an Ervah. Rav Ashi: It is derived from a Sevara.
 
Rebbi Yirmeyahu says that our Mishnah maintains that a woman who was a Tzarah with an Ervah is permitted to the Yavam, as long as the brother divorced the Ervah prior to his death. The Beraisa maintains that she is permitted only if the Ervah was divorced prior to her marriage. (1)
 
Rava says that there is no dispute between the Mishnah and Beraisa. Both agree that an Ervah is permitted to the Yavam as long as the brother divorced the Ervah prior to his death.
 
A Ketanah who falls to Yibum may do Mi'un to a Ma'amar but not to a Zikah. (2)
 
If a Ketanah does Mi'un to her husband, she may subsequently marry her former father-in-law. In contrast, if she does Mi'un to her Yavam, she is forbidden to her former father-in-law, because at the time of the instigation of the Yibum she appeared to be his daughter-in-law.
 
The Tzaros of six Arayos are permitted to the Yavam because the Kidushin of these Arayos to the brother is not valid. (3)
 
Beis Shamai permits the Tzarah of an Ervah to do Yibum.
 
If a non-brother does Kidushin with the Yevamah, it is not valid.
 
The Mitzvah of Yibum applies also to an Arusah.
 
A letter "Heh" at the end of a word is a replacement for the letter "Lamed" at the beginning of a word.
 
Rava says that the reason why Beis Shamai permits the Tzarah of an Ervah to do Yibum is that one prohibition does not apply if another prohibition is already in place.
 
The Megilah may be read as early as the eleventh day of Adar and as late as the fifteenth.
 
It is prohibited for Klal Yisrael to divide into distinct groups regarding the performance of the Mitzvah. (4)
 
The prohibition of doing Melachah on Erev Pesach prior to midday depends on one's place of residence. (5)

A BIT MORE

1. The dispute between the Tana'im is that the Tana of our Mishnah maintains that the death of the brother is the instigator of the Mitzvah of Yibum, while the Tana of the Beraisa maintains that it is the original marriage that is the instigator of the Mitzvah of Yibum.
 
2. If one of the brothers does Ma'amar with the Ketanah, she may do Mi'un and thereby circumvent the need for a Get. However, Mi'un to the Yavam does not circumvent the need for Chalitzah.
 
3. The six Arayos are a mother, wife of the father, sister of the father, sister from the father, wife of the father's brother, and wife of a brother from the father.
 
4. Regarding the performance of a Minhag, it is permitted to divide into distinct groups.
 
5. It is permitted to do work in places that allow it and it is not regarded as a division in Klal Yisrael, since the onlooker will just assume that the person has no work to do.

BRIEF INSIGHT

A DIVISION IN KLAL YISRAEL
 
Reish Lakish asked Rebbi Yochanan: Since it is forbidden for Klal Yisrael to divide into groups, why does the Mishnah allow the reading of the Megilah on various days? Rebbi Yochanan never directly answered this question. The reason the question was not answered is that Rebbi Yochanan never regarded it as a valid question at all, because the difference between when to read the Megilah is not a dispute between people from one city and the other. Rather, there are simply different Dinim that apply for people who live in different types of cities. If a resident of one city would change his place of residence to a different type of city, he would agree that the new Din of the new city applies to him as well. Therefore, this is not considered an example of Klal Yisrael splitting into different factions. Only when the different places have a different understanding of the Mitzvah is it regarded as splitting into different factions. (Rosh)

QUICK HALACHAH

WOUNDING ONESELF OVER A DECEASED
 
Scratching a wound into the flesh over a deceased person is prohibited even if the deceased is not present. It is permitted to do so, however, over any other type of distress. Some say wounding oneself is forbidden only if it is done by means of scratching, but if a person punches himself until he bleeds it is not included in the prohibition. Others argue with this view. (Shulchan Aruch YD 180:6-7)
 
The opinion that punching oneself over a deceased is permitted is based on the conduct of Rebbi Akiva, who did so upon the death of Rebbi Eliezer. The dissenting opinion argues that Rebbi Akiva is an exception because his pain was over the lost Torah that resulted from the death of Rebbi Eliezer. (Taz)

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