POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
YEVAMOS 3 (18 Iyar) - dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben Harav Yisrael Avraham Aba), zt"l, after the passing of four years since his Petirah. Mr. Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.
1) ORDER OF THE "MISHNAH" (cont.)
(a) Question: We must expound to learn about all the Arayos!
(b) Answer: Granted, we must expound to learn about Yibum
(that they are exempt and that they exempt the Tzarah),
but the Isur (even not in a situation of Yibum) of the
other Arayos is explicit;
1. The Isur of Bito is known only through expounding.
(c) Question: If the Tana prefers what is learned by
expounding, the case of Achos Ishto (for which the law of
Yibum is most explicit) should be taught last!
i. (Rava): We learn the Isur of Bito through
(Gezeirah Shavah,) "Henah-Henah" and
(d) Answer: Once the Tana started listing sisters, he also
taught Achos Ishto.
(e) Objection: If so, let him teach sisters at the end!
(f) Answer #2 (to question 3a, Daf 2b): Rather, we teach the
closest relatives first.
1. First we teach about the Yavam's own relatives, i.e.
Bito, his daughter's daughter and his son's
2. After teaching about three generations below him, we
teach about three generations below his wife;
3. After three generations below his wife, we teach
about three generations above his wife.
4. We then teach about his sister and maternal aunt,
which are his own relatives.
5. Once we discuss sisters, we teach about Achos Ishto.
i. It would have been proper to teach about his
daughter-in-law before Eshes Achiv she'Lo Hayah
b'Olamo, since the latter is not forbidden
because of her closeness to Shimon.
ii. However, once we list fraternal Isurim, we
include Eshes Achiv she'Lo Hayah b'Olamo.
2) THE EXEMPTION FROM "YIBUM"
(a) Question: Why did the Tana say that, she exempts her
Tzaros from Yibum and Chalitzah? She forbids her Tzaros!
(b) Answer #1: Had he said that she forbids Yibum, we would
have thought that Chalitzah is required.
(c) Objection: He could have said that she (also) forbids
1. Question: Why should Chalitzah be forbidden (even if
it is not needed)?
(d) Answer #2: Since the Tzarah is forbidden only regarding
Yibum, but is permitted when there is no Mitzvah, we
taught 'she exempts'.
2. Answer: If we allow Chalitzah (when it is
unnecessary and Yibum is permitted), perhaps people
will come to do Yibum!
(e) Question: Why must it say that she exempts from Chalitzah
and Yibum? It suffices to say that she exempts from
(f) Answer: If so, we would have thought that she does
1. Rather, it teaches that whoever is obligated to do
Yibum may do Chalitzah (instead), and whoever may
not do Yibum does not do Chalitzah.
(g) Question: The Mishnah should (list the primary Mitzvah
first and) say that she exempts from Yibum and Chalitzah.
Alternatively, it should just say that she exempts from
Chalitzah (and obviously, from Yibum)!
(h) Answer: The Mishnah is like Aba Sha'ul, who says that
Chalitzah is preferable to Yibum.
3) CASES EXCLUDED FROM THE "MISHNAH"
(a) Question: Twice, the Mishnah says that there are 15
cases. What other possibilities does it come to exclude?
(b) Answer #1: It excludes (a Sotah and Ailonis,) the cases
of Rav and Rav Asi (Daf 11a and 12a. Our Tana agrees that
they do not do Yibum, but he holds that they do not
exempt their Tzaros.)
(c) Question: According to Rav and Rav Asi (who say that they
exempt their Tzaros), what two cases are excluded?
(d) Answer #2: If each agrees to the law of his colleague, we
exclude the Tzaros of Mema'enes (a Mema'enes) and of
Machazir Gerushaso (a woman who transgressed and
remarried her ex-husband after marrying someone else in
1. If Rav and Rav Asi disagree with each other, each
excludes the case of his colleague and Tzaras
Mema'enes or Tzaras Machazir Gerushaso.
(e) Question: According to Rav and Rav Asi, why didn't the
Mishnah list their cases?
(f) Answer: This is because Tzaras Tzarah does not apply in
their cases. (Sotah and Ailonis are forbidden to all the
brothers, so their Tzaros cannot do Yibum with any
4) THE SOURCE OF THE LAW OF THE "MISHNAH"
(a) Question: What is the source of the law of the Mishnah?
(b) Answer #1 (Beraisa) Question: What do we learn from
"V'Ishah El Achosah Lo Sikach Litzror (to be a Tzarah)
Legalos Ervasah Aleha b'Chayehah"?
1. Answer: It says "Yevamah Yavo Aleha". One might have
thought that this applies to Arayos (i.e. if his
brother's wife was related to him in an additional
way, e.g. Bito);
(c) Question: This forbids Yibum with Arayos. How do we know
that Yibum with Tzaras Ervah is also forbidden?
2. A Gezeirah Shavah teaches just like "Yevamah Yavo
Aleha" discusses Yibum, also the Isurim of Arayos
apply even in a case of Yibum.
(d) Answer: It says "Litzror" (to include Tzaros).
(e) Question: How do we know that the Tzarah of the Tzarah is
(f) Answer: It says "Litzror" instead of 'Latzor' (the extra
'Reish' comes to include).
(g) Question: This teaches about when the Yevamah is the
sister of the Yavam's wife. How do we know that this
applies to other Arayos?
(h) Answer: Achos Ishto is Arayos punishable by Kares
(b'Mezid) and Chatas (b'Shogeg) and she may not do Yibum.
All such Arayos may not do Yibum.
(i) Question: This forbids the Arayos to do Yibum. What is
the source to forbid their Tzaros?
(j) Answer: Achos Ishto is Ervah punishable by Kares and
Chatas, and she and her Tzarah may not do Yibum. The same
applies to all such Arayos.
(k) This is the source that the 15 cases of the Mishnah
exempt the Tzaros, Tzaros of the Tzaros, ad infinitum
from Chalitzah and Yibum.
(l) Suggestion: Perhaps the six Arayos (of the Mishnah 13A)
which are more stringent should also exempt the Tzaros!
(m) Rejection: No. Shimon's Achos Ishto was able to marry his
brother. We do not learn to the six Arayos that cannot
marry any (paternal) brother of Shimon!
1. This is because the law of a Tzarah applies only to
co-wives of a brother.
(n) Question: This forbids Yibum. Where do we know the
punishment if they do Yibum?
(o) Answer: "All that do any of these abominations... (will
5) AN "ASEH" OVERRIDES A "LAV"
(a) Inference: Had the Torah not written "Aleha" to forbid
Yibum with Achos Ishto, we would permit Yibum.
(b) Question: What is the reason?
(c) Answer #1: An Aseh is Docheh (overrides) a Lav.
(Additional answers will be given starting on Daf 7a.
Answers to Question #1 (below) begin on Daf 5b.)
(d) Question #1: This applies only to a plain Lav, but not to
a Lav punishable by Kares!
(e) Question #2: What is the source that an Aseh overrides a
Index to Outlines for Maseches Yevamos