REVACH L'DAF
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| YEVAMOS 50 - In loving memory of David J Mizrahi (David ben Adele), whose warmth and kindness made him loved by all. Your memory is with us always. By his brother in law, Michael M. Missry |
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SUMMARY
The Chachamim hold that it is possible for a person to merit an extension of his life and R. Akiva argues. (1)
Raban Gamliel says that if a Yavam gives a Get or does Ma'amar with one Yevamah followed by another Get or another Ma'amar with her Tzarah, the second Get or second Ma'amar is not valid and the Chachamim argue. (2)
Everyone agrees that once the Yavam does Yibum or Chalitzah to one of the Yevamos a subsequent Yibum or Chalitzah with the Tzarah is not valid.
If a Yavam does Ma'amar and also gives her a Get a Chalitzah is required. If he does Ma'amar and he does Chalitzah a Get is required. (3)
A Ma'amar followed by Bi’ah is a proper method of doing Yibum.
If the Yavam gives a Get and does Ma'amar a Get and Chalitzah are required.
If the Yavam gives a Get and also does Bi’ah a Get and Chalitzah are required. (4)
Ma'amar or Bi’ah that are done after Chalitzah or a Get or Chalitzah that are done after Bi’ah are not valid.
If a Yavam does Ma'amar with one Yevamah and also Ma'amar with the Tzarah, two Gitin and a Chalitzah are required. (5)
If a Yavam does Ma'amar with one Yevamah and gives a Get to the Tzarah a Get and a Chalitzah are required.
If the Yavam does Ma'amar with one Yevamah and Bi’ah with the other Yevamah two Gitin and a Chalitzah are required. (6)
If the Yavam does Ma'amar with one Yevamah and Chalitzah with the Tzarah the first Yevamah requires a Get.
If the Yavam gives a Get to the Yevamah and also to the Tzarah a Chalitzah is required.
If the Yavam gives a Get to the Yevamah and does Bi’ah or Ma'amar with the Tzarah a Get and Chalitzah are required.
The Tana Kama says that a Bi’ah that was done with the Yevamah only after a Get or Ma'amar was done does not get rid of the Zikah and a Chalitzah is required and R. Nechemyah argues. (7)
The Rabanan decreed that a Get and Ma'amar with a Yevamah is valid because otherwise one might think that a Chalitzah or Bi’ah are also not valid.
A Chalitzah is required after a Bi’ah Pesulah because otherwise one might think that a Bi’ah is valid even after a Chalitzah or Yibum.
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A BIT MORE
1. R. Akiva holds that the extra fifteen years that Chizkiyahu was granted by Hashem Yisbarach were years that he was originally destined to live. The Chachamim hold that the fifteen extra years were given to Chizkiyahu.
2. Therefore the Yavam is not forbidden to the relatives of the second Yevamah and in the case that the Yavam does a second Ma'amar no Get is needed for that Ma'amar.
3. In the second case even though the Yavam already did Chalitzah a Get is required for the Ma'amar.
4. A get is needed for the Bi’ah even according to R. Akiva, who holds that Kidushin with the Yevamah after is Chalitzah is not valid. He agrees that a Get is not the same as a Chalitzah and the Bi’ah is a valid Kidushin since the Get does not make her into an Isur Lav. Although the Bi’ah is a valid Kidushin he is not allowed to keep her. Since he gave her a Get first the Bi’ah is a Bi’ah Pesulah and he must divorce her and do Chalitzah.
5. That is only true according to the Rabanan who hold that a Ma'amar after a Ma'amar is valid, however according to Raban Gamliel the second Ma'amar is not valid and thus the Yavam has a choice of either doing Yibum with the first Yevamah, or giving her a Get plus a Chalitzah.
6. Since the Bi’ah was done only after he first did Ma'amar with the other Yevamah it is regarded as a Bi’ah Pesulah and he must divorce her. However a Get alone is not good enough and he must also do Chalitzah.
7. According to R. Nechemyah even though the Bi’ah was not the first thing that was done it completely gets rid of the Zikah and even though he is not allowed to keep the Yevamah, since it is a Bi’ah Pesulah, no Chalitzah is required and he simply has to give her a Get.
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Index to Revach for Maseches Yevamos
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