POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) A SON WHO DOES NOT KNOW WHICH IS HIS FATHER
(a) (Mishnah): If both of them were Kohanim...
(b) (Beraisa): If the son wounded or cursed one possible
father and then the other, or both at once, he is killed;
(c) R. Yehudah says, if he wounded or cursed both at once, he
is killed. If not, he is exempt.
(d) Contradiction (Beraisa - R. Yehudah): If he wounded or
cursed them at once, he is exempt.
(e) Answer: Tana'im argue about R. Yehudah's opinion.
(f) Question: What is the reason for the opinion that
(g) Answer (R. Chanina): The Torah discusses cursing Hash-m,
and cursing a parent. Just like one is liable for cursing
Hash-m alone, one is liable for cursing one parent alone
(and this is impossible here);
1. We equate wounding to cursing.
(h) (Mishnah): He goes to the Mikdash with the Mishmar of
each father (but does not get a share of Kodshim).
(i) Question: Since he does not get a share, why does he go?
(j) Objection: This is no question. He goes to do a Mitzvah!
(k) Correction: Rather, why does it say 'he goes up (i.e. he
must)', as opposed to 'if he went up...'?
(l) Answer (R. Acha bar Chanina): He must go up to avoid
blemishing the family.
(m) (Mishnah): If both fathers are in the same Mishmar...
(n) Question: When they are from different Mishmaros he
receives no share, since each Mishmar can dispel him by
saying '(perhaps) you are from the other Mishmar'. Also
when they are from the same Mishmar, each Beis Av can
dispel him! (Each Mishmar is divided into six Batei Av;
each serves a different day.)
(o) Answer (Rav Papa): If the fathers are from the same
Mishmar and Beis Av, he receives one portion.
***PEREK MITZVAS CHALITZAH***
2) WHAT MAKES A VALID "CHALITZAH"
(a) (Mishnah): The Mitzvah of Chalitzah is with three judges,
even if all are commoners;
(b) If Chalitzah was done with a Min'al (a soft leather
shoe), it is Kesherah. If it was done with Anpilya (a
slipper or sock), it is invalid. If it was done with a
sandal that has a heel, it is Kesherah; if it has no
heel, it is invalid;
(c) From the knee and below, it is Kesherah; from the knee
and above, it is invalid;
(d) If he did Chalitzah with a sandal which is not his, or a
sandal of idolatry, or of wood, or a left sandal on his
right foot, it is Kesherah. If the sandal was too big to
walk with, or so small that it does not cover the
majority if his foot, it is Kesherah.
(e) (Gemara) Question: Since three commoners suffice, why
does the Mishnah say 'judges'?
(f) Answer: The Mishnah teaches that we require three who can
help the Yavam and Yevamah to recite the proper verses,
like judges can.
(g) Our Mishnah teaches like the following Beraisa:
1. (Beraisa): The Mitzvah of Chalitzah is with three
who can help them recite the verses, like judges;
(h) Question: What is the source of the first Tana?
2. R. Yehudah says, it is with five.
(i) Answer (Beraisa): "Zekenim" must be at least two. A Beis
Din never has an even number, so we add one.
1. R. Yehudah says, it says "Zekenim" twice, making
four. To avoid an even number, we add one.
(j) Question: What does the first Tana learn from the extra
occurrence of "Zekenim"?
(k) Answer: This teaches that even commoners may be used.
1. R. Yehudah learns this from the fact that it says
2. We learned that "l'Einei" excludes blind people. If
we required judges, we would not need a verse to
exclude blind people!
i. (Rav Yosef): Just like Beis Din must be clean
in righteousness, they must be clean from any
blemish - "You are totally beautiful, my
beloved; there is no blemish in you."
(l) Question: What does the first Tana learn from "l'Einei"?
(m) Answer: This teaches like Rava taught:
1. (Rava): "She will spit l'Einei ha'Zekenim" - the
judges must see the spit leave the Yevamah's mouth.
(n) Question: R. Yehudah also needs to expound this!
(o) Answer: He does!
(p) Question: If so, what is his source that commoners
(q) Answer: He learns from "b'Yisrael" - any Yisrael.
(r) Question: What do Chachamim learn from "b'Yisrael"?
(s) Answer: This teaches like Rav Shmuel bar Yehudah taught,
"b'Yisrael" - in a Beis Din of Yisrael, and not in a Beis
Din of converts.
1. R. Yehudah learns this from another occurrence of
the word "(Va'Yikra Shemo) b'Yisrael (Beis Chalutz
2. Chachamim expound that "b'Yisrael" to teach as
i. (Beraisa - R. Yehudah): A Chalitzah was done in
front of R. Tarfon. He told everyone to say,
"The one whose shoe was removed".
ii. R. Yehudah learns this from "And his name will
3) HOW MANY JUDGES ARE REQUIRED FOR "CHALIZTAH"
(a) Question: If so (we learn two judges from "Zekenim"), all
should expound "They will call to him" to require two
more judges, and "They will speak to him" to require two
more, making nine in all according to R. Yehudah, and
seven according to Chachamim!
(b) Answer: Those words teach different laws:
1. "They will call to him" - and not their messenger;
(c) (Rava citing Rav Nachman): The law is, Chalitzah is done
in front of three, since a Stam (anonymous) Mishnah says
2. "They will speak to him" - they give him good
i. If he is young and she is old, or vice-versa,
they tell him not to do Yibum. Rather, he
should marry someone his own age and not bring
quarrels into his home.
(d) Question (Rava): If so, the same should apply to Mi'un!
1. (Mishnah): Mi'un and Chalitzah are done in front of
(e) Answer #1: There is only one Stam Mishnah about Mi'un.
There are two Stam Mishnayos about Chalitzah.
2. Suggestion: Perhaps this is the Halachah!
3. Rejection (Beraisa - Beis Shamai): Mi'un requires a
Beis Din of expert judges;
4. Beis Hillel say, it may be done in Beis Din or out
of Beis Din;
5. Both agree that three are required;
6. R. Yosi b'Rebbi Yehudah and R. Elazar b'Rebbi Yosi
say, two suffice.
i. (Rav Nachman): The Halachah follows them (two
(f) Objection: There also, there are two Stam Mishnayos!
1. (Mishnah): If she did Mi'un or Chalitzah in front of
a judge he may marry her, for he is part of a Beis
Din (of three, therefore we do not suspect that he
permitted her in order to marry her).
(g) Answer #2: Rather, there are only two Stam Mishnayos
about Mi'un, but there are three about Chalitzah.
(h) Objection: What difference does it make if there is one,
two or three Stam Mishnayos?
(i) Answer #3 (Rav Nachman bar Yitzchak): Rather, Rav Nachman
said that three suffice because even R. Yehudah retracted
and agreed to this;
1. (Mishnah - R. Yosi): Semichah (leaning on the Korban
for a mistaken ruling of the Sanhedrin;
alternatively, ordination) of judges and Eglah
Arufah (beheading a calf to atone for a murder)
require three judges;
(j) (Rava): The judges must fix a place for Chalitzah - "His
Yevamah will ascend to the gate to the elders".
2. R. Yehudah says, they require five;
3. Chalitzah and Mi'un require three.
i. R. Yehudah does not argue about Chalitzah. We
must say that he retracted.
(k) Rav Papa and Rav Huna brei d'Rav Yehoshua supervised a
Chalitzah with five judges.
(l) Question: This is like R. Yehudah, but he retracted!
(m) Answer: They used five to publicize the matter.
(n) Rav Kahana asked Rav Ashi to be one of five judges for
(o) Rav Kahana: Once, Rav Yehudah asked me to be one of five
judges for Chalitzah
1. Rabanan: Why are five needed?
(p) Rav Yehudah asked Rav Shmuel bar Yehudah to be one of
five judges for Chalitzah, to publicize the matter.
2. Rav Yehudah: This is to publicize the matter.
1. Rav Shmuel bar Yehudah: "B'Yisrael" requires a Beis
Din of Yisrael, not of converts, and I am a convert!
(q) Rav Yehudah: I would force someone to pay money on the
word of someone (as honest) as Rav Shmuel bar Yehudah,.
(r) Objection: This cannot be! "According to two witnesses a
matter will be established"!
(s) Correction: Rather, I would not allow collection of a
document (Rashi; Tosfos - without an oath) if he said
that the document was paid.
Index to Outlines for Maseches Yevamos