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2) [line 17] TAVRA - (a) there is a contradiction (between our Mishnah and the Mishnah on Daf 30a) (RASHI); (b) a word used as an oath (TOSFOS Kesuvos 75b DH Tavra, citing RABEINU CHANANEL) 3) [line 18] MISAH MAPELES / NISU'IN MAPILIN (a) When a person dies childless, a bond called "Zikah" is formed between his wife (or wives) and her brother-in-law (or brothers-in-law) for the purpose of performing the Mitzvah of Yibum. The wives of the dead brother may not marry until one of them has performed Yibum or Chalitzah with one of the brothers-in-law. (b) The Tana'im argue over which point in time marks the beginning of the process of Yibum when a man dies childless. According to some, it starts at the moment the childless brother dies and Zikah is forged ("Misah Mapeles"). Others maintain that the beginning of the process of Yibum can be traced back to well before the actual Zikah is forged. In a sense, the woman begins to fall to Yibum from the moment that she marries the person who will eventually die childless ("Nisu'in Mapilim"). Yet others maintain that if the woman married and was divorced, and then remarried the person who eventually dies childless, the process of Yibum starts, to some measure, from the moment that she was first married to him, and not from when she became remarried to him ("Nisu'in ha'Rishonim Mapilim"). (c) All of the above opinions agree that whether or not there is an obligation of Yibum depends on whether the dead husband was childless at the time of his death. All agree, as well, that only if the husband dies childless does "Zikah" take effect, and not if he divorces his wives. They argue over a number of specific Halachos in Yibum. (d) In our Sugya, the Gemara explains that the question of Misah Mapeles/Nisu'in Mapilim affects the Halachah stated at the end of the Mishnah (Yevamos 2b). The Mishnah (Daf 2b) states that if one of the wives of the childless brother was a close relative to the Yavam, she and her Tzaros (co-wives) are exempt from Zikah, and do not need Yibum or Chalitzah. If the wife who was a relative of the Yavam dies or is divorced before the death of the childless brother, the Yavam is permitted to marry the Tzarah (co-wife) of the close relative. According to those who hold "Misah Mapeles," the marital status of the relative at the time of her husband's death establishes whether the Yavam may marry the Tzarah or not; if she was divorced a moment before the death, the Tzarah must do Yibum. According to those who maintain that "Nisu'in ha'Rishonim Mapilim," the entire history of the marriage of the deceased brother is taken into account in order to establish whether the Yavam may marry the Tzarah. If the relative of the Yavam was married to the childless brother together with the co-wife at any point during their marriage, the co-wife is exempt from Yibum. It makes no difference whether or not the relative was married to the childless brother at the time of his death or not. 4) [line 23] MEMA'ENES L'MA'AMARO V'EINAH MEMA'ENES L'ZIKASO - a girl less than twelve years of age may refuse to undergo Yibum by exercising her right of Mi'un (refusal --see Background to Yevamos 12:1) in order to annul the Ma'amar (See Background to Yevamos 17:18) of the Yavam who has given her money or a Shtar to effect Ma'amar (the equivalent of Kidushin with respect to Yibum). However, she may not annul her original marriage (to the now-deceased brother) along with the Zikah to the surviving brother through exercising Mi'un on the Yavam; she or her Tzarah (co-wife) must undergo Chalitzah before she is free to marry whomever she chooses.
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