POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
1) WHY DOESN'T A "GET" TAKE EFFECT AFTER A "GET"?
(a) Question (Rava): Why does R. Gamliel say that a Get does
not take effect after a Get, nor a Ma'amar after a
Ma'amar?
(b) Answer #1 (Rava): R. Gamliel is unsure whether or not a
Get repels (Zikah), and whether or not a Ma'amar
acquires;
1. If the first Get repelled, there is nothing left for
the second Get to do. If the first Get did not
repel, neither does the second!
2. If the first Ma'amar acquires, the second Ma'amar
cannot acquire. If the first Ma'amar does not
acquire, neither does the second!
(c) Objection (Abaye - Beraisa): R. Gamliel admits that a Get
takes effect after a Ma'amar, and a Ma'amar after a Get.
A Get takes effect after Yibum which followed a Ma'amar,
and a Ma'amar takes effect after Yibum which followed a
Get.
1. If R. Gamliel was in doubt, when Yibum is in the
middle (it should acquire if possible, i.e. if the
Ma'amar did not acquire or the Get did not repel. In
any case no Zikah remains after the Yibum, so) it
should be like Yibum at the beginning, i.e. nothing
should take effect after it!
i. (Mishnah): When Bi'ah is at the beginning,
nothing takes effect after it.
(d) Answer #2 (Abaye): R. Gamliel is certain that Get repels
and that Ma'amar acquires. However, it was enacted that
Get repels one 'side' (part of the Zikah), and Ma'amar
acquires one (the 'other') side;
1. A second Get doesn't work, since the first Get
already repelled as much as a Get can;
2. A second Ma'amar doesn't work, since the first
already acquired as much as a Ma'amar can.
3. A Get after a Ma'amar takes effect, and also a
Ma'amar after a Get, since one acquires (one side),
and one repels (the other side).
4. Chachamim say that we enacted that each Yavam has a
power to acquire or repel with a Ma'amar or Get
(therefore, a Get after a Get or a Ma'amar after a
Ma'amar takes effect).
(e) (According to R. Gamliel,) a Pasul Yibum is better than a
Ma'amar in one respect, and in one respect it is
inferior;
1. In one way it is better. Ma'amar does not take
effect after Ma'amar, but Yibum takes effect after
Ma'amar;
2. In one way it is inferior. Ma'amar acquires
everything that a Get leaves over (i.e. so a
subsequent Ma'amar does not take effect), whereas
Yibum after a Get does not acquire all the remaining
Zikah (so Ma'amar takes effect after the Yibum).
2) THE CASE OF "GET" AFTER "GET", AND "MA'AMAR" AFTER "MA'AMAR"
(a) (Beraisa): In what case did R. Gamliel say that a Get
does not take effect after a Get? If two Yevamos fell to
one Yavam, and he gave a Get to each (e.g. to Leah and
then to Chanah);
1. R. Gamliel says, he does Chalitzah to Leah and he is
forbidden to her relatives. He is permitted to
Chanah's relatives;
2. Chachamim forbid him to the relatives of both of
them. He does Chalitzah to one of them.
3. The same applies when there are two Yevamim and one
Yevamah.
(b) In what case did R. Gamliel say that a Ma'amar does not
take effect after a Ma'amar? If two Yevamos fell to one
Yavam, and he gave a Ma'amar to Leah and then to Chanah;
1. R. Gamliel says, he gives a Get and does Chalitzah
to Leah and is forbidden to her relatives. He is
permitted to If two Yevamos fell to one Yavam, and
he gave a Get to each (e.g. to Leah and then to
Chanah's relatives;
2. Chachamim say that he gives a Get to each and is
forbidden to the relatives of both of them. He does
Chalitzah to one of them.
3. The same applies when there are two Yevamim and one
Yevamah.
(c) Question: R. Gamliel says that he does Chalitzah to Leah.
This refutes Shmuel!
1. (Shmuel): If one does Chalitzah to Ba'alas ha'Get,
her Tzarah is not exempted.
(d) Answer: Shmuel's law is like the opinion that Yesh Zikah.
R. Gamliel holds that Ein Zikah.
(e) Inference: If R. Gamliel holds that Ein Zikah, Chachamim
hold that Yesh Zikah.
51b----------------------------------------51b
(f) (Seifa): The same applies to two Yevamim and one Yevamah.
(g) Question: This refutes Rabah bar Rav Huna!
1. (Rabah bar Rav Huna): A Yevamah who did a Chalitzah
Pesulah (i.e. Yibum was forbidden) must do Chalitzah
with all the brothers.
(h) Answer (and Rejection of Inference): No, Chachamim agree
that Ein Zikah. They argue about a Get after a Get and a
Ma'amar after a Ma'amar. (Rabah bar Rav Huna's law is
like the opinion that Yesh Zikah.)
(i) (Beraisa - R. Gamliel): If he gave a Ma'amar to Leah and
then to Chanah, he gives a Get and does Chalitzah to Leah
and is forbidden to her relatives. He is permitted to
Chanah's relatives.
(j) Question: Since R. Gamliel holds that a Ma'amar doesn't
take effect after a Ma'amar, he should be allowed to do
Yibum with the first (Leah)!
(k) Answer: There is a decree not to, lest people come to do
Yibum with Chanah.
3) "TANA'IM" WHO HOLD THAT "MA'AMAR" FULLY ACQUIRES
(a) (R. Yochanan): R. Gamliel, Beis Shamai, R. Shimon, Ben
Azai, and R. Nechemyah all hold that Ma'amar fully
acquires.
(b) We learned about R. Gamliel above (a Ma'amar after a
Ma'amar does not take effect).
(c) (Mishnah - Beis Shamai): Reuven and Shimon were married
to sisters, and their brother Levi was single. Reuven
died; Levi gave the Yevamah a Ma'amar, then Shimon died.
Levi may keep his wife (the Ma'amar is full Kidushin).
Her sister is exempt, for she is Achos Ishto.
(d) (R. Shimon and Chachamim argue (96b) about two minors
above nine years old who had Bi'ah with their Yevamah.)
(e) (Beraisa - R. Shimon to Chachamim): If the first Yibum
(e.g. of Levi) is considered Yibum, Reuven's Yibum is not
Yibum (to forbid her to Levi). If Levi's Yibum is not
Yibum, neither is Reuven's!
1. We equated the Yibum of a nine-year-old to a
Ma'amar, and R. Shimon says that the second Yibum
does not take effect after the first!
(f) (Beraisa - Ben Azai): A Ma'amar takes effect after a
Ma'amar when there are two Yevamim and one Yevamah, but
not when there is one Yavam and two Yevamos.
(g) (Mishnah - R. Nechemyah): Yibum and Chalitzah have the
same law. Whether they come at the beginning, middle, or
end, nothing takes effect after them.
1. A Pasul Yibum is like a Ma'amar, and he says that
nothing takes effect after it!
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