POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) WHY THE TORAH HAD TO PROHIBIT "YIBUM" WITH "ARAYOS"
(a) Objection: Our case is unlike Ula's case!
1. Granted, it is similar if Reuven married Rachel,
then his brother Shimon married her sister Leah, and
Reuven died. Since Eshes Ach is permitted, also
Achos Ishto would be permitted (if not for "Aleha").
(b) Question #1: If Shimon married before Reuven, the Isur of
Achos Ishto came first (and it is not permitted)!
(c) Question #2: Even when Reuven married before Shimon, the
comparison is good only if Reuven died before Shimon
married. In this case, Rachel was permitted in the
1. But if the Reuven died after Shimon married Leah,
Rachel was never permitted!
(d) Answer: Indeed, "Aleha" is needed only for the case when
Reuven married and died before Shimon married.
2. Surely Ula agree that that if a Metzora had an
emission on the night of his eighth day he may not
enter his thumb into the Mikdash, since there was
never a time when he could bring his Korban (and
(e) Answer #4 (to Question 5:b): If not for "Aleha", we would
learn from a Hekesh that all Arayos may do Yibum.
1. (R. Yonah): "All... will get Kares" - all Arayos are
equated to Eshes Ach.
(f) Question (Rav Acha mi'Difti): The other Arayos can be
equated to Eshes Ach, or to Achos Ishto. Why do we equate
them (above, Daf 3b) to Achos Ishto and not to Eshes Ach?
2. One might have thought that just like Eshes Ach is
permitted (for Yibum), all Arayos are permitted.
"Aleha" teaches that this is not so.
(g) Answer #1 (Ravina): We equate to be stringent, not to be
(h) Answer #2 (Ravina): Each of the other Arayos has two
Isurim (itself, and Eshes Ach). It is better to learn
from Achos Ishto, which also has two Isurim, and not from
Eshes Ach, which has only one.
2) "ALEHA" IS NOT NEEDED TO FORBID "ERVAH"
(a) Answer #5 (to Question 5:b - Rava): We do not need a
verse to forbid the Ervah, for an Aseh does not override
a Lav with Kares;
1. Aleha is needed to forbid the Tzarah.
(b) Question: We need a verse to teach that the Ervah is
1. (Beraisa): 'This only teaches me about her (the
(c) Answer: This was said only to show the source of the Isur
of the Tzarah.
(d) Question (Beraisa): 'This only teaches about them (the
(e) Answer: This was said only to show the source of the Isur
of their Tzaros.
(f) Question (Beraisa - Rebbi): "He will take her and do
Yibum (to) her" - these (exclude, and thereby) forbid
Tzaros and Arayos.
(g) Answer: It should say 'the Tzaros of Arayos.'
(h) Question: Two words were expounded (surely, we learn two
1. Suggestion: One teaches about the Ervah, and one
about the Tzarah!
(i) Answer: No, both teach about the Tzarah. One forbids her
in the situation of Yibum, and one permits her not in the
situation of Yibum.
1. Question: How do we know this?
(j) (Rav Ashi): The Mishnah supports Rava.
2. Answer: "He will do Yibum (to) her" - the Isur (of
the Tzarah) is only in the situation of Yibum.
1. It teaches that 15 Arayos exempt their Tzaros. It
does not need to say that the Arayos themselves are
(k) Question: Surely, Ervah does not require a verse because
an Aseh does not override a Lav with Kares. Similarly, we
do not need "Aleha" to forbid the Tzarah ("Litzror"
forbids her like Ervah, and there is Kares for all
3) "ALEHA" PERMITS THE "TZARAH" OUTSIDE OF "YIBUM"
(a) Answer: (Rav Acha bar Bivi): Indeed, Rava does not use
"Aleha" to forbid the Tzarah, rather, to permit her when
there was no fall to Yibum!
(b) Question: How do we learn this?
(c) Answer #1: It says "(Litzror) Aleha" - she is prohibited
only in the situation of "(Yevamah Yavo) Aleha".
(d) Question (Rami bar Chama): Perhaps the Ervah herself is
permitted not in the situation of Yibum!
(e) Answer (Rava): A Kal va'Chomer refutes this. Ervah is
forbidden even in the situation of Yibum, all the more so
when there is no Mitzvah!
(f) Question (Rami bar Chama): The Tzarah disproves this. She
is forbidden in the situation of Yibum, and otherwise
(g) Answer (Rava): The Torah wrote "In her lifetime" to
disprove this reasoning. She (Achos Ishto, the wife's
sister) is forbidden in her (the wife's) entire lifetime.
(h) Question: We need this verse to permit Achos Ishto after
the wife dies!
(i) Answer: That is learned from "Ishah El Achosah" (she is
forbidden only when they are together;
1. Had it written only this, one might have thought
that she is permitted after the wife is divorced.
Therefore, also "In her lifetime" is needed.
(j) Answer #2 (Rav Huna bar Tachlifa) - Question: It says
"Ishah El Achosah Lo Sikach Litzror" (both are
forbidden). The verse concludes "Legalos Ervasah
1. Answer: Both are forbidden in a situation of Yibum.
Elsewhere, the Ervah is forbidden and the Tzarah is
(k) Question: Perhaps in a situation of Yibum, the Ervah is
forbidden and the Tzarah is permitted, and elsewhere,
they are both forbidden!
(l) Answer: If so, the Torah would have omitted "Aleha".
(m) Question (Rav Ashi): How do we know that "Aleha" forbids?
Perhaps it permits!
1. "Ishah El Achosah Lo Sikach" forbids both, not in
the situation of Yibum. Regarding Yibum, both are
(n) Answer: If so, we could not fulfill "Legalos Ervasah
1. In the situation of Yibum, both are permitted. Not
in the situation of Yibum, both are forbidden!
4) REBBI'S "DERASHAH"
(a) (Beraisa - Rebbi): "He will take her and do Yibum (to)
her" - these (exclude, and thereby) forbid Tzaros and
(b) Question #1: The verse does not discuss Tzaros and
(c) Question #2: We derive Tzaros from Litzror!
(d) Answer (to Question #2): Rebbi uses Litzror for R.
Shimon's teaching (28b, that two sisters who fall to
Yibum (from different brothers) are exempt).
(e) Answer (to Question #1): It says "He will take her" to
teach that when there are two women to be taken
(Yevamos), and the Yavam can take whichever he wants,
they are permitted. If not, both are forbidden.
(f) "He will do Yibum (to) her" - in the situation of
Yibum, the Tzarah is forbidden. Elsewhere, she is
(g) Question: What do Chachamim learn from "He will take
(h) Answer: This teaches R. Yosi bar Chanina's law, that
(after Yibum) the Yavam can divorce her with a Get
(document) and (if he wants) remarry her;
1. "He will do Yibum (to) her" teaches that he may do
so against her will.
(i) Rebbi learns R. Yosi bar Chanina's law from "For a wife".
He learns that Yibum works against her will from "Yevamah
Yavo Aleha". (Malbim - elsewhere the Torah discusses
Bi'ah El Ishah, denoting equality. Here it says Aleha,
to show that he is dominant.)
(j) Question: What does Rebbi learn from Aleha?
(k) Answer (Beraisa): Beis Din brings Par Helam Davar (a
Korban for a mistaken ruling which caused most of Yisrael
to transgress) only if they permitted something
punishable by Kares if done b'Mezid and Chatas if done
(by an individual) b'Shogeg);
1. Likewise, a Kohen (Gadol) Mashi'ach (anointed with
Shemen ha'Mishchah) brings a Par only for a
transgression due to such a mistake.
2. Also, they bring for a mistaken ruling about
idolatry only for something punishable by Kares
b'Mezid and Chatas b'Shogeg.
Index to Outlines for Maseches Yevamos