POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) THE "ISUR" OF ONE'S SISTER
(a) Question: Perhaps "Bas Eshes Avicha" comes to exclude a
sister from Chayavei Lavin!
(b) Answer (Rav Papa): Kidushin takes effect on Chayavei
1. Question: "Ki Sihyena l'Ish Shtei Nashim ha'Achas
Ahuvah veha'Achas Senu'ah" - would one really think
that this affects inheritance?!
(c) Question: Perhaps "Bas Eshes Avicha" comes to exclude a
sister from Chayavei Kerisos!
2. Answer: Rather, the wives are "beloved" and "hated"
in their marriages (the latter is forbidden), and it
says Sihyena (there is Kidushin)!
(d) Answer (Rava): "Ervas Achoscha Vas Avicha O Vas Imecha
Moledes Bayis O Moledes Chutz" - the Torah calls her
your sister, whether or not your father may keep her
2) SISTERS FROM A SLAVE OR "NOCHRIS"
(a) Suggestion: Perhaps it comes to include a sister from a
Shifchah or Nochris!
(b) Rejection: "Bas Eshes Avicha" teaches that her mother
could be married to your father.
(c) Question: (The verses do not specify what to include and
exclude.) Why do we include sisters from Chayavei Kerisos
and exclude sisters from a Shifchah or Nochris, and not
(d) Answer: It is more reasonable to include children from
Chayavei Kerisos, since they can be married to others.
(e) Objection: To the contrary! A Shifchah or Nochris, if she
converts, can marry your father!
(f) Answer: When she converts, she is a new entity.
(g) Chachamim exclude a sister from a Shifchah or Nochris
from "The woman and her children will be to her master"
(they are slaves. At this point we are thinking that we
learn both from the verse.)
(h) R. Yosi b'Rebbi Yehudah uses one verse to teach about a
Shifchah, and one for a Nochris. Both are needed:
1. If there was a verse only about a Shifchah, we would
have thought that this is because slaves have no
lineage, but since a Nochris has lineage, her
daughter is considered a sister!
(i) Question: We showed how Chachamim learn about a Shifchah.
What is their source regarding a Nochris?
2. If there was a verse only about a Nochris, we would
have thought that this is because she is not
commanded in Mitzvos; but since a Shifchah is
commanded in Mitzvos, her daughter is considered a
1. Suggestion: We learn from a Shifchah.
(j) Answer (R. Yochanan): "(...Do not marry your daughter to
a Nochri.) For He will veer your son away from Me" - your
son from a Yisraelis is called your son, but your son
from a Nochris is called her son. (Rashi - He, your
Nochri son-in-law, will veer your son, i.e. grandson.
Since this grandson is from a Yisraelis (your daughter),
he is called your son (he is a Yisrael). It does not say
(about the Reisha of the previous verse, "Do not marry
your son to a Nochris") that she (your Nochris
daughter-in-law) will veer your son, for your grandson
from a Nochris is not called your son (he is a Nochri).
Tosfos (Kidushin 68b) says that "He will veer your son"
refers to the Reisha. He, your son's Nochri
father-in-law, will veer your son (from your Yisraelis
wife) from Me. The Torah is not concerned about your
grandson from a Nochris, for he is a Nochri.)
2. Rejection: We showed that one cannot learn from a
(k) (Ravina): We learn that your daughter's son fathered by a
Nochri is called your son. (Tosfos - here the Torah did
not express concern (only) about your daughter, for
here we are concerned also about the grandson. He is a
Yisrael, like his mother.)
(l) (Version #1) Suggestion: Ravina holds that the child of a
slave or Nochri from a Yisraelis has proper lineage.
(m) (Version #2) Suggestion: Ravina holds that the child of a
slave or Nochri from a Yisraelis is a Mamzer. (Since the
child is a Yisrael, Mamzerus applies!) (end of Version
(n) Rejection: The child is not a Mamzer, nor is his lineage
proper. He is called a Yisrael Pasul (to Kehunah).
(o) Question: "Do not intermarry with them" discusses the
seven Kena'ani nations! (What is the source for other
(p) Answer: "He will veer" includes anyone that makes veer
(i.e. all Nochrim).
(q) Question: This is like R. Shimon, who derives laws based
on (our understanding of) the purpose of Mitzvos. What is
(r) Answer: The Chachamim who disagree with R. Yosi bar
Yehudah hold like R. Shimon.
3) DOUBTFUL "KIDUSHIN"
(a) (Mishnah): If a man was Mekadesh one of two sisters and
does not know which, he divorces both;
(b) If he died leaving one brother, he does Chalitzah to
both. If he left two brothers, one does Chalitzah and the
other Yibum. If both did Yibum, they may keep their
(c) If Reuven and David were Mekadesh Rachel and Leah
(sisters) and each is unsure whom he was Mekadesh, each
(d) If each died leaving one brother, each brother does
Chalitzah to both. If Reuven left one brother and David
left two, Reuven's brother does Chalitzah to both. One of
David's brothers does Chalitzah and one does Yibum. If
both did Yibum, they may keep their wives.
(e) If Reuven and David have two brothers each, one brother
of Reuven does Chalitzah with (e.g. Leah) and one brother
of David does Chalitzah with Rachel. Reuven's other
brother does Yibum with Rachel and David's other brother
does Yibum with Leah;
(f) If both of Reuven's brothers did Chalitzah, Shimon's
brothers may not both do Yibum. One must do Chalitzah and
the other may do Yibum. If both did Yibum, they may keep
(g) (Gemara) Suggestion: This teaches that Kidushin she'Ein
Mesurin l'Vi'ah (Tosfos - the Kidushin itself forbids
Bi'ah with her, e.g. because we are unsure if he was
Mekadesh her sister) takes effect)!
(h) Rejection: No. At the time of Kidushin, he knew which he
was Mekadesh. Later, he became unsure.
1. The wording of the Mishnah proves this. It says
'he does not know', not 'it is not known'.
(i) Question: If so, what is the Chidush?
(j) Answer: When he dies leaving two brothers, one must do
Chalitzah before the other does Yibum. If not, (perhaps)
he has Bi'ah with the sister of his (true) Yevamah.
(k) (Mishnah): If two men were Mekadesh two sisters...
(l) Suggestion: This teaches that Kidushin she'Ein Mesurin
l'Vi'ah takes effect!
(m) Rejection: No. At the time, each knew which he was
Mekadesh. Later, they became mixed up.
1. Support: It says 'he does not know', not 'it is not
(n) Question: If so, what is the Chidush?
(o) Answer: If one left one brother and the other left two,
the lone brother does Chalitzah to both.
1. Objection: We learned this already!
(p) (Mishnah): If each left two brothers...
2. Answer: We would have thought that we forbid in this
case due to the case when each has only one brother.
3. The lone brother must do Chalitzah before the Yibum,
for perhaps the woman doing Yibum is the Yevamah of
the lone brother.
(q) Question: What does this teach that we have not already
(r) Answer: One might have thought that we decree not to do
Yibum, lest they do Yibum before Chalitzah.
Index to Outlines for Maseches Yevamos