POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) "YIBUM" AFTER THE DEATH OF A "MACHAZIR" "GERUSHASO" (cont.)
(a) The attempted answers 3:d and 3:e (Daf 11B) are proposed
and rejected exactly as above.
2) A "MEMA'ENES"
(a) (Rav Lili bar Mamal): If Leah was married mid'Rabanan to
Shimon, and she was Mema'enes (retroactively annulled the
marriage), her Tzarah is forbidden.
(b) Question: To whom is she forbidden?
1. It cannot be to the brothers. Leah herself is
permitted, all the more so her Tzarah is!
(c) Answer: Her Tzarah is forbidden to Shimon.
2. (Shmuel): If she did Mi'un to one brother, she is
permitted to a different brother.
(d) Question: Leah is permitted to the brothers, since they
did not do an action with her. Shimon should also be
permitted to the Tzarah, since he did no act with her!
(e) Answer: It is a decree to forbid her, lest one permit the
Tzarah of Bito Mema'enes (the Yavam's daughter, who
happened to do Mi'un).
(f) Question: The Tzarah of Tzarah of Bito Mema'enes is
1. (Mishnah): In every case, if the Arayos died or did
Mi'un, the Tzaros are permitted.
(g) Question: Why is this different? When she does Mi'un to
the husband, she uproots the marriage. Also when she does
Mi'un to the Yavam, she uproots the original marriage!
2. Question: To whom did she do Mi'un?
i. If she did Mi'un to her husband, this is the
just like being divorced!
3. Answer: She did Mi'un to the Yavam.
i. Rejection: Really, she did Mi'un to the
husband. The Mishnah teaches about two kinds of
(h) Answer: The Tzarah is forbidden for the reason of Rami
1. (Rami bar Yechezkel): If she did Mi'un to the
husband, she is permitted to the father. If she did
Mi'un to the brother, she is forbidden to the
2. Because when she fell to Yibum she looked like his
daughter-in-law, therefore she is forbidden.
3. Here too, when she fell to Yibum, she looked like
the Tzarah of his daughter!
3) "TZARAS" "AILONIS"
(a) (Rav Asi): Tzaras Ailonis is forbidden. "Asher Teled"
excludes an Ailonis, since she is sterile.
(b) Question (Rav Sheshes - Mishnah): Three brothers were
married to three unrelated women. Reuven died; Shimon
gave Ma'amar (Kidushei Yevamah mid'Rabanan) to Reuven's
widow and then he died. Shimon's widows do Chalitzah but
1. "And one of them died" - Yibum applies when she is
widowed from one brother, not from two.
(c) Answer: No, he comes to exclude Tzaras Ailonis, who is
2. (Rav Yosef): This is the case of Tzaras Eshes Ach
which is forbidden because of the fall to Yibum. We
do not find a case in the Torah like this.
3. Suggestion: Rav Yosef comes to exclude Tzaras
Ailonis, who is permitted!
(d) Question: If so, why did he say this is the case?
(e) Answer: In this case, the Tzarah needs Chalitzah. Tzaras
Ailonis does not need Chalitzah.
(f) Question: What is the reason?
(g) Answer: The Isur to do Yibum in the Mishnah is only
mid'Rabanan. An Ailonis is forbidden mid'Oraisa to do
(h) Question (Mishnah): In any of these cases, if she died...
or was found to be an Ailonis, the Tzaros are permitted.
(i) Answer: In the Mishnah, the husband did not know that she
was an Ailonis (so they were never truly married); Rav
Asi discusses when he knew that she was an Ailonis.
(j) Support: The Mishnah says that she was found to be an
Ailonis. It does not say she was (already known to be) an
(k) (Rava): The Halachah is that Tzaras Ailonis is permitted,
even if her husband knew that she was an Ailonis, and
even if the Ailonis is the Yavam's daughter.
(l) Question: But the Mishnah says if she was found (to be an
(m) Answer: It should say that if she was.
(n) (Ravin): The Tzarah of a Mema'enes, of an Ailonis, or of
Machazir Gerushaso is permitted.
4) CAN A MINOR GIVE BIRTH?
(a) (Rav Bivi - Beraisa): Three women use a wad to prevent
pregnancy: a minor, a pregnant woman, and a nursing
woman. (Rashi - they may use a contraceptive wad at the
time of Bi'ah. Tosfos - this is forbidden! Rather, they
must use a wad after Bi'ah to remove the semen.)
1. A minor does so, lest she get pregnant, and this
might kill her;
(b) R. Meir says, a girl between 11 and 12 years uses a
cloth. If she is younger or older, she has relations
2. A pregnant woman does so lest the fetus get mashed
(Rashi - if a second fetus is conceived; Tosfos -
this is impossible. Rather, we are concerned lest
there are already two fetuses inside, and semen will
enter between them);
3. A nursing woman does so lest pregnancy force her to
wean her baby, and it will die.
(c) Chachamim say, at any age she has normal relations.
Shamayim will have mercy on her - "Hash-m guards the
(d) Inference: It says that pregnancy might kill an
11-year-old. This implies that a minor may get pregnant
and not die!
(e) Question: If so, it is possible for a mother-in-law to do
Mi'un i.e. she gave birth before 12). The Mishnah says
that we cannot find this case!
(f) Answer #1: Rather, the Beraisa should say 'lest she get
pregnant and (certainly) die.'
1. (Rabah bar Livai): Before this age (11), she will
not get pregnant at all; during this time (11 to
12), she and the fetus will die; after (12), she and
the fetus will live.
(g) Question: Rabah bar Shmuel taught that one cannot say
that the mother-in-law did Mi'un... because she already
gave birth! (He did not say 'because she is already an
adult.' This implies that a minor can give birth, just
she may not do Mi'un afterwards.)
(h) Answer: Rather, our text 'lest she get pregnant, and this
might kill her' is correct.
(i) Question: If so, how do we answer Question (e)?
(j) Answer #2 (Rav Safra): (Bearing) a child is like Simanim
(two hairs that show adulthood).
(k) Some say that a child is better than Simanim.
(l) Question: How is it better? (Also after Simanim she
cannot do Mi'un!)
(m) Answer: Even R. Yehudah, who permits Mi'un (after
Simanim) until she has many hairs, agrees that she may
not do Mi'un if she has given birth.
Index to Outlines for Maseches Yevamos