POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) CAN A MINOR GIVE BIRTH (cont.)?
(a) Answer #3 (Rav Zvid): She cannot have children without
bringing Simanim (and they are valid signs of adulthood
even if she is less than 12).
(b) Question: We can check if she brought (why must we rely
on a Chazakah?)!
(c) Answer: We are concerned lest they fell out.
(d) Question: This is like the opinion that is concerned lest
Simanim fell out. How can we answer for the opinion that
is not concerned?
(e) Answer: Here even he is concerned lest they fell out due
to the pain of childbirth.
2) THE EXEMPTION OF THE "TZARAH"
(a) (Mishnah): The Arayos exempt their Tzaros (and the Tzaros
of their Tzaros).
(b) Question: What is the source of this?
(c) Answer #1 (Rav Yehudah): "Litzror (to be a co-wife)" -
the extra 'Reish' suggests many Tzaros.
(d) Answer #2 (Rav Ashi): It is logical. A Tzarah is
forbidden because she falls to Yibum with an Ervah. The
Tzarah of a Tzarah also falls to Yibum with an Ervah
(Tzaras Ervah is Eshes Ach without a Heter)!
(e) (Mishnah): If the Ervah... was divorced... the Tzaros are
(f) This applies even if the deceased married the Tzarah
before he divorced the Ervah.
(g) Contradiction (Mishnah): Reuven, Shimon and Levi
(brothers) are married to Rachel and Leah (sisters) and
Esther (an unrelated woman), respectively. Reuven
divorced Rachel, then Levi died. Reuven did Yibum, then
died. In this case, we say that if the Ervah... was
divorced, the Tzaros are permitted.
1. We only say this because he divorced before doing
Yibum, but if not, not!
(h) Answer #1 (R. Yirmeyah): We must say that different
Tana'im taught these Mishnayos.
1. The Tana of our Mishnah holds that the widows fall
to Yibum at the time of death. The Tana of the other
Mishnah considers the fall to begin from when they
(i) Answer #2 (Rava): One Tana taught both Mishnayos. Mishnah
#2 teaches something which follows from our Mishnah (all
the more so if he divorced before doing Yibum, the Tzaros
(j) (Mishnah): Anyone that could have done Mi'un...
(k) Question: Let her do Mi'un now, and then her Tzarah may
(l) Suggestion: She cannot because of R. Oshaya's law (our
Mishnah supports him):
1. (R. Oshaya): A girl can do Mi'un to undo a Ma'amar,
but not to undo a fall to Yibum.
(m) Rejection: Perhaps Mi'un can undo a fall to Yibum, but
the case of Tzaras Ervah is different, like Rami bar
1. (Rami bar Yechezkel): If a girl did Mi'un to her
husband, she may marry his father. If she did Mi'un
to the Yavam, she is forbidden to the father.
(n) Here too, when the fell to Yibum (before Mi'un), she
looked like Tzaras Ervah.
2. This is because when she fell to Yibum, she looked
like his daughter-in-law.
3) THE MORE STRINGENT "ARAYOS"
(a) (Mishnah): Six Arayos are more stringent than the 15 (Daf
2A). Since these six can marry others (but not brothers
of the Yavam), their 'Tzaros' are permitted (they are not
really Tzaros, for the Ervah is not truly married):
1. The Yavam's mother;
(b) Beis Shamai permit a Tzarah (of Ervah) to the brothers;
2. His father's wife;
3. His father's sister;
4. His paternal sister;
5. The wife of his father's brother;
6. The wife of his paternal brother.
(c) Beis Hillel forbid.
(d) If a Tzarah did Chalitzah, Beis Shamai disqualify her
from Kehunah (marrying a Kohen);
(e) Beis Hillel permit.
(f) If she did Yibum, Beis Shamai permit her to Kehunah (if
later she was widowed);
(g) Beis Hillel forbid.
(h) Even though Beis Shamai and Beis Hillel argued, they
would not refrain from marrying women of the opposing
(i) Even though in many laws of Taharah, one school is
Metaher and the other is Metamei, each school trusted the
Taharah of Kelim of the other school.
4) THE SOURCE FOR BEIS SHAMAI
(a) (Gemara - R. Shimon ben Pazi): Beis Shamai learns from
"Lo Sihyeh Eshes ha'Mes ha'Chutzah l'Ish Zar". This
implies that there are insiders (Tzaros) that may not
marry someone else (rather, they do Yibum);
(b) Beis Hillel expound the verse as Rav Yehudah does:
1. (Rav Yehudah): If a stranger was Mekadesh a Yevamah,
it does not take effect. "Lo Sihyeh..." - she
cannot have Havayah (Kidushin) to a stranger.
(Havayah and Sihyeh come from the same root.)
(c) Beis Shamai disagree, for it says "ha'Chutzah". It does
not say 'la'Chutz (to a stranger)'!
(d) Beis Hillel say that since there is a 'Hei' at the end of
the word, it is as if it says 'la'Chutz':
1. (Beraisa - R. Nechemyah): The Torah (sometimes) puts
a 'Hei' at the end of a word that should have the
prefix 'Lamed' (to mean 'to').
(e) Beis Shamai learn Rav Yehudah's law from "l'Ish Zar".
2. (Tana d'Vei R. Yishmael): Some examples are
(f) Question: Why don't Beis Hillel also learn from there?
(g) Retraction: They actually do.
(h) Question: If so, what do they learn from "ha'Chutzah"?
(i) Answer: This includes a widow that was only Mekudeshes.
1. Beis Shamai learns this from the extra 'Hei' at the
end of "Chutz".
(j) (Rava): The reason for Beis Shamai is Ein Isur Chal Al
Isur (an Isur does not take effect on something already
2. Beis Hillel do not expound the 'Hei', for they do
not consider it to be extra.
(k) We understand this if Reuven married Rachel before his
brother Shimon married her sister Leah (and Reuven died);
1. Rachel does not become forbidden to Shimon due to
Achos Ishto (his wife's sister), since she was
already forbidden (Eshes Ach, his brother's wife.
Therefore, Rachel's Tzarah is not considered Tzaras
(l) Question: But if Shimon married Leah before Reuven
married Rachel, Achos Ishto took effect on Rachel (her
Tzarah should be considered Tzaras Ervah)!
(m) Answer: Since the Isur of Eshes Ach did not take effect
on her (since she was already forbidden), we do not
consider her Tzarah to be Tzaras Ervah in the situation
of Yibum, therefore her Tzarah is permitted.
(n) (Mishnah): If a Tzarah did Chalitzah...
(o) Question: Why does the Mishnah need to teach that Beis
Hillel permit her to Kehunah? They say that there was no
need for Chalitzah!
(p) Answer: The Mishnah teaches unlike R. Yochanan ben Nuri,
who suggested enacting that in every case of Tzaras
Ervah, Chalitzah should be done (so that all marriages
will be valid according to both schools. R. Yochanan ben
Nuri would disqualify from Kehunah, since he holds that
Chalitzah was necessary, mid'Rabanan.)
(q) (Mishnah): If she did Yibum, Beis Hillel disqualify her
(r) Question: Why is this needed?
(s) Answer: Since we taught the law regarding Chalitzah, we
also teach regarding Yibum.
5) FACTIONS WITHIN YISRAEL
(a) (Mishnah): The Megilah is read on the 11th, 12th, 13th,
14th, and 15th.
(b) Question (Reish Lakish): This transgresses "Lo Sisgodedu"
- do not have differing factions!
1. Question: "Lo Sisgodedu" forbids wounding oneself in
grief over a deceased!
(c) Counter-question: (R. Yochanan): Why didn't you ask from
a prior Mishnah?
2. Answer: "Lo Segodedu" would have taught that. The
Torah wrote "Lo Sisgodedu" to forbid factions.
3. Question: Perhaps it comes only to teach this!
4. Answer: If so, it should have said 'Lo Sagodu'.
Since it says "Lo Sisgodedu", we learn both.
1. (Mishnah): Where the custom is do work on Erev
Pesach, we work until noon. Where the custom is not
to work, we do not work.
(d) Answer #1 (Reish Lakish): I asked regarding an Isur. Why
do you suggest I should ask regarding a custom?
1. (Rav Shemen bar Aba): "To fulfill... in their times"
- Chachamim enacted many times (to read Megilas
(e) Objection: Also working on Erev Pesach is an Isur!
1. (Mishnah): Beis Shamai forbid working the previous
(f) Answer #2 (Reish Lakish): If one does not work it looks
like he has no work to do (so it is not a problem of
2. Beis Hillel permit.
Index to Outlines for Maseches Yevamos