POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) AN ENACTMENT TO UNIFY THE SCHOOLS
(a) (Beraisa - R. Yochanan ben Nuri): Whom should we follow
(regarding Tzaras Ervah)?
1. If we follow Beis Shamai (and allow Yibum), the
child is a Mamzer according to Beis Hillel;
(b) They were unable to make the enactment in time.
2. If we follow Beis Hillel, the child is blemished
according to Beis Shamai.
3. We should enact that the Tzarah should do Chalitzah
and not Yibum.
(c) R. Shimon ben Gamliel: What should we do for previous
(d) Question: If Beis Shamai followed their teachings, we
understand this. But if they didn't, what was his
(e) Answer (Rav Nachman bar Yitzchak): He was concerned for
the Tzarah herself (not for her children);
1. What should we do for Tzaros of Beis Hillel (who
remarried without Chalitzah) according to Beis
2. If we require them to do Chalitzah, their husbands
will despise them! We cannot do so, for "(Torah's)
ways are pleasant... its paths are Shalom!"
2) DID BEIS SHAMAI FOLLOW THEIR TEACHINGS?
(a) (Beraisa - R. Tarfon): I desire that a Tzaras ha'Bas will
come to my hands. I will marry her (do Yibum, like Beis
Shamai. This shows that they followed their own
(b) Rejection: Rather, he said that he will marry her off (to
others, like Beis Hillel).
(c) Question: If so, what was his great desire?
(d) Answer: He desired to demonstrate that we do not hold
like R. Yochanan ben Nuri.
(e) (Beraisa): It happened that R. Gamliel's daughter married
his brother, and his brother died without children. R.
Gamliel did Yibum with the Tzarah.
(f) Objection: R. Gamliel was from Beis Hillel!
(g) Answer: His daughter was an Ailonis.
(h) Question (Seifa - Others): She was an Ailonis.
1. This shows that the first Tana holds that she was
not an Ailonis!
(i) Answer #1: They argue about whether or not her husband
knew that she was an Ailonis.
(j) Answer #2: They argue about whether or not an Ervah
forbids a Tzarah if the Ervah was divorced after her
husband married the Tzarah.
(k) Answer #3: They argue about whether or not Bi'ah may be
done on condition (i.e. if she is an Ailonis, Bi'ah
should not be Kidushin).
(l) Question (Rav Mesharshiya - Beraisa): It once occurred
that R. Akiva picked an Esrog on the first of Shevat and
took two tithes, one like Beis Shamai and one like Beis
1. This shows that Beis Shamai followed their own
(m) Answer: (No, R. Akiva wanted to follow Beis Hillel.) He
was unsure if Beis Hillel hold that Shevat 1 is Rosh
Hashanah for trees, or Shevat 15.
(n) Question (Mar Zutra - Mishnah): Shamai's daughter-in-law
gave birth on Sukos. He enlarged the Sukah to make room
for the baby.
1. This proves that they followed their own teachings!
(o) Answer: One cannot learn from there, for one who saw
would think that he wanted more air.
(p) Question (Mar Zutra - Mishnah): There was a stone through
which water flowed into a Mikveh; all Taharos in
Yerushalayim relied on this Mikveh. Beis Shamai enlarged
the hole, since they hold that the majority must be open.
1. (Mishnah): Mikva'os may be joined by an opening as
big as Shefoferes ha'Nod (the circumference of a
hollow reed put into a leather pouch from which one
draws out the liquid), i.e. a circle two fingers
2. This shows that Beis Shamai followed their own
(q) Answer: There, it appeared that they wanted more water to
(r) Question: R. Tzadok once sent olives to R. Yochanan ben
Hachorani. When R. Yochanan saw that they were wet he
said that he does not eat olives. R. Tzadok informed him
that they were collected in a punctured basket that
became sealed with sediment:
1. (Mishnah - Beis Shamai): There is no need to
puncture a basket of densely packed olives (the
liquid that exudes is not Machshir);
2. Beis Hillel says, it must be punctured (to show that
he does not want the liquid, for otherwise it is
3. Beis Hillel agree that if it was punctured and
became sealed with sediment, it is not Machshir.
4. Even though R. Tzadok was from Beis Shamai, he acted
according to Beis Hillel.
5. Summation of question: If Beis Shamai followed their
own teachings, we understand why it was recorded
that R. Tzadok acted like Beis Hillel. But if they
did not, there was no need to say this!
3) "TZARAS" "ERVAH"
(a) Question (Beraisa): They asked R. Yehoshua about the law
of a Tzaras ha'Bas.
1. R. Yehoshua: Beis Shamai and Beis Hillel argue about
(b) Counter-question: Even if they followed their teachings,
why was he afraid?
2. The questioner: Whom does the Halachah follow?
3. R. Yehoshua: You seek to put my head between two
great mountains. I fear to answer, lest they
(children whom I say are Mamzerim) kill me! I can
testify about two great families in Yerushalayim
that came from Tzaras Ervah (that remarried without
Yibum or Chalitzah) and members of these families
served as Kohen Gadol.
4. If they followed their teachings, we understand R.
Yehoshua's fear. But if not, why was he afraid?
(This question is not answered.)
1. (R. Yehoshua): A Mamzer results only from Arayos
punishable by Misas Beis Din.
(c) Answer: Granted, (he holds that) the child (of Tzaras
Ervah) is not a Mamzer, but a Kal va'Chomer teaches that
his lineage is Pagum (forbidden to Kehunah):
1. If a widow marries a Kohen Gadol, even though the
Isur is not Shavah b'Chol, the child is Pagum.
Tzaras Ervah is Shavah b'Chol, all the more so the
child is Pagum!
(d) Question: R. Yehoshua was asked about Tzaras Ervah. Why
did he answer about the children?
(e) Answer: They asked two questions.
1. What is the Halachah regarding Tzaras Ervah?
(f) Question: Why did they ask the second question? (If the
Halachah follows Beis Hillel, why are we concerned for
Beis Shamai's opinion?)
2. If the Halachah follows Beis Hillel, if Tzaras Ervah
married without Yibum or Chalitzah, what do Beis
Shamai say about the children?
(g) Answer: This teaches about Machazir Gerushaso (after his
ex-wife married someone else):
1. Do we say, when a widow marries a Kohen Gadol, even
though the Isur is not Shavah b'Chol the child is
Pagum, and all the more so the child of Machazir
Gerushaso is Pagum, for the Isur is Shavah b'Chol?
2. Or, perhaps the Kal va'Chomer is invalid. There, the
widow herself becomes Pagum. In our case, she does
3. R. Yehoshua testified about Bnei Tzaros (that some
were Kohanim Gedolim).
Index to Outlines for Maseches Yevamos