POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) THE "KORBAN" FOR A MISTAKEN RULING
(a) (Mishnah): For any Mitzvah punishable by Kares or Chatas,
if one transgressed b'Shogeg:
1. A (regular) individual brings a female goat or lamb;
(b) For idolatry, an individual, Nasi or Mashi'ach brings a
goat (a Chatas). The Tzibur (Beis Din) brings a bull for
an Olah and a goat for a Chatas.
2. The Nasi brings a male goat;
3. A Mashi'ach or Beis Din brings a bull.
(c) Question: What is the source for this?
(d) Answer (Beraisa - Rebbi): We learn from a Gezeirah Shavah
from "V'Nod'ah ha'Chatas Asher Chat'u Aleha";
1. It also says "Aleha" regarding Achos Ishto, which is
punishable by Kares and Chatas. Here also, we
discuss something punishable by Kares and Chatas.
(e) Question: This answers only for the Tzibur. What is the
source regarding a Mashi'ach?
(f) Answer: "For the guilt of the nation" equates him to the
1. We learn an individual and Nasi from a Gezeirah
(g) (Beraisa): For idolatry they bring only for something
punishable by Kares and Chatas.
(h) A Gezeirah Shavah "Einei-Einei" teaches this law for the
(i) We learn an individual, Nasi and Mashi'ach from "And if
one Nefesh". Each of these is a Nefesh!
1. "And" shows that we learn the latter Parashah from
the previous one.
2) "CHACHAMIM'S" SOURCE
(a) Question: How do Chachamim learn this?
(b) Answer: They learn like R. Yehoshua taught to his son,
"Torah Achas Yihyeh Lachem la'Oseh bi'Shgagah;
veha'Nefesh Asher Ta'aseh b'Yad Ramah (Es Hash-m Hu
1. (Regarding Korban,) the entire Torah is equated to
idolatry (Megadef), which is punishable by Kares and
(c) Question: This teaches about an individual, Nasi and
Mashi'ach, for regular sins and idolatry;
1. How do we know the law of the Tzibur regarding
(d) Answer: "And if a Nefesh" equates the Tzibur to an
individual, which is written after it.
(e) Question: How do we know the law of the Tzibur regarding
(f) Answer: We learn from a Gezeirah Shavah "me'Einei
(g) Question: What does Rebbi learn from "Torah Achas"?
(h) Answer (Beraisa): The Torah distinguished between
individuals and a multitude (a city that served idolatry
b'Mezid). Individuals are stoned, so their money is
saved. An Ir ha'Nidachas is killed by the sword, so their
money is destroyed;
1. Suggestion: Perhaps their Korbanos are different
(i) Question (Rav Chilkiyah): If not for this verse, a city
would bring a different Korban. What would they bring?
2. Rejection: "Torah Achas Yihyeh Lachem."
1. They cannot bring a bull, for the Tzibur brings this
for other Mitzvos!
(j) Answer #1: The Tzibur brings a bull for an Olah and a
goat for a Chatas for a mistaken ruling. One might have
thought that a city brings the reverse for idolatry.
2. They cannot bring a female sheep, for an individual
brings this for other Mitzvos!
3. They cannot bring a goat, for a Nasi brings this for
4. They cannot bring a bull for an Olah and a goat for
a Chatas, for the Tzibur brings this for idolatry!
5. They cannot bring a female goat, for an individual
(k) Answer #2: One might have thought that they must bring a
different Korban, but they have no solution!
1. "Torah Achas Yihyeh Lachem la'Oseh bi'Shgagah"
teaches that this is not so.
3) AN ADDITIONAL CASE IN THE "MISHNAH"
(a) Question (Levi): Why didn't the Mishnah teach a 16th
(b) Rebbi: It seems that he (Levi) has no brain in his skull.
1. Do you think that it should teach Imo Anusas Aviv (a
woman who falls to Yibum to her son born out of
wedlock)? R. Yehudah and Chachamim disagree about
this, and the Tana does not list cases subject to
(c) Question: R. Akiva and Chachamim argue about Chayavei
Lavin and Arayos mid'Rabanan, yet the Mishnah teaches
(d) Answer: In our Perek it does not teach such cases.
(e) Question: Our Perek teaches that Beis Shamai permit the
Tzaros to the brothers, and Beis Hillel forbid!
(f) Answer: Beis Shamai is not considered a dissenting
opinion against Beis Hillel (since the Halachah is always
follows Beis Hillel).
(g) Question: R. Shimon and Chachamim argue about Eshes Achiv
she'Lo Hayah b'Olamo (when the Yavam was born after his
brother died), yet the Mishnah teaches them!
(h) Answer: R. Shimon agrees in a case when the Yavam was
born before his older brother did Yibum (and afterwards
the older brother died).
(i) Objection: R. Oshaya said that R. Shimon argues even in
(j) Answer: R. Oshaya was refuted.
(k) Question: (A Mishnah (26a) forbids two sisters who fell
to Yibum from different brothers to do Yibum. Each is
Achos Zekukaso, the sister of someone awaiting Yibum with
the Yavam. If a sister is Ervah to the Yavam, her sister
may do Yibum. If there are two surviving brothers and
each sister is an Ervah to a different brother, each is
permitted to the other brother. Rav and a Beraisa recited
by R. Chiya teach that this can occur for each case (of
Ervah in our Mishnah, e.g. daughter-in-law. I.e. one
sister is Asur to Shimon (she is his daughter-in-law) and
permitted to Yehudah, and the other sister is Asur to
Yehudah (his daughter-in-law) and permitted to Shimon.
The sister (of the Ervah) may do Yibum or Chalitzah.
1. Rav Yehudah applies this teaching to the Arayos
starting with a mother-in-law, but not in the first
six cases. This is because the case of Bito (his
daughter) arises only through rape, not through
marriage. (If the daughters of Shimon and Yehudah
are sisters, they must have the same mother (Dinah).
If Shimon married Dinah, Yehudah can marry her only
if she falls to Yibum, but in our case Shimon and
his daughter are alive.) Our Tana does not discuss
2. Abaye applied it even to Bito, even though it arises
only through rape.
3. Abaye did not apply it to Eshes Achiv she'Lo Hayah
b'Olamo. This is because it arises only according to
R. Shimon, but not according to Chachamim, and we do
not discuss disputes.
4. Rav Safra includes Eshes Achiv she'Lo Hayah b'Olamo.
The case arises with six brothers, according to R.
Shimon. (This is the question against Rebbi: we must
discuss disputes to apply the Beraisa's rules in all
i. A way to remember the case is 'death, birth,
Yibum; death, birth, Yibum'. (Reuven died,
Shimon was born, Yisachar did Yibum to Esther
(Eshes Reuven), Levi died, Yehudah was born,
Zevulun did Yibum to Devorah (Eshes Levi). If
Yisachar and Zevulun now die, Esther is
forbidden (Eshes Achiv she'Lo Hayah b'Olamo) to
Shimon but permitted to Yehudah. Devorah is
forbidden to Yehudah but permitted to Shimon.)
Index to Outlines for Maseches Yevamos