POINT BY POINT OUTLINE

POINT BY POINT OUTLINE

Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il

Previous Daf YEVAMOS 111

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Question
1) ONE WHO IS MARRIED TO A "CHERESHES" AND A MINOR (cont.)

(a) Question: If Rav holds that a minor is Safek married, why must she wait until she grows up and do Chalitzah? She should be allowed to do Yibum in any case!
1. If a minor is married, the Yibum is valid, so she may remain with him;
2. If a minor is not married, she is like a stranger who married the Yavam, so she may remain with him!
(b) Answer: If she would do Yibum, there would be no way to permit the Chereshes to marry someone else.
(c) Support (for Rav Chisda - Rav Sheshes - Beraisa): If two brothers are married to two orphaned sisters, a minor and a Chereshes, and the minor's husband died, the Yavam must divorce his wife. The Yevamah waits until she grows up, and does Chalitzah;
1. If the Chereshes' husband died, the Yavam must divorce his wife, and the Yevamah is forbidden forever (until the Yavam dies).
2. If he did Yibum, he divorces her and she may marry a stranger.
3. We understand this if a Chereshes is partially married and a minor is Safek. If the Chereshes did Yibum, he divorces her and she may marry a stranger in any case!
i. If a minor is married, the Chereshes is the Yavam's Achos Ishto (his sister' wife)!
ii. If a minor is not married, the Yibum was a real Yibum!
4. Question: But if a Chereshes is Safek and a minor is partially married, if the Chereshes did Yibum and was divorced, why may she marry a stranger?
i. The Yibum was Pasul (forbidden), and this does not exempt her from Zikah (even after she is divorced)!
(d) Rejection: The Beraisa is like R. Nechemyah, who says that a Pasul Yibum exempts from Chalitzah.
(e) Objection (Seifa): A man was married to two orphaned sisters, a minor and a Chereshes, and he died. The Yavam had Bi'ah with the minor, and then he or another brother had Bi'ah with the Chereshes. Both are forbidden to the Yavam;
1. To permit them to marry strangers, he divorces the Chereshes, and the minor does Chalitzah when she grows up.
2. We understand this if a Chereshes is partially married, and a minor is Safek; the Beraisa is like Chachamim;
i. We decree that the minor needs Chalitzah, lest people apply the same law when the Yavam had Bi'ah with the Chereshes first, and then Yibum of the minor is invalid.
3. But R. Nechemyah would not require Chalitzah. He says that a Pasul Yibum exempts!
(f) Conclusion: The Beraisa must be like Chachamim.
(g) Support (Rav Ashi): We can also prove this from the Reisha.
1. It teaches that if he had Bi'ah with the Chereshes, he divorces her and she is permitted. It does not teach that if he had Bi'ah with the minor, he divorces her and she is permitted!
(h) Rejection: This is no proof. There is no permitted way to permit her to marry a stranger, so the Tana taught how she becomes permitted through an Isur (it was forbidden to have Bi'ah with her, due to the Zikah of her sister).
1. The minor can become permitted to marry a stranger in a permitted way (Chalitzah, after she matures), so the Tana does not teach how she becomes permitted through an Isur.

2) RABBINICALLY MARRIED "TZAROS"

(a) (Mishnah): A man was married to two orphaned minors, and died. If the Yavam had Bi'ah with one, and then he or his brother had Bi'ah with the other, the first Yevamah remains permitted.

111b----------------------------------------111b

(b) The same applies if the deceased was married to two Chershos.
(c) A man was married to a minor and a Chereshes, and he died. If the Yavam had Bi'ah with the minor, and then he or his brother had Bi'ah with the Chereshes, the minor is forbidden to the Yavam;
1. If the Yavam had Bi'ah with the Chereshes, and then he or his brother had Bi'ah with the minor, the Chereshes is forbidden to the Yavam.
(d) A man was married to a Pikachas and a Chereshes, and he died. If the Yavam had Bi'ah with the Pikachas, and he or his brother later had Bi'ah with the Chereshes, the Pikachas is permitted to the Yavam;
1. If the Yavam had Bi'ah with the Chereshes, and then he or his brother had Bi'ah with the Pikachas, the Chereshes is forbidden to the Yavam.
(e) A man was married to an adult and a minor, and he died. If the Yavam had Bi'ah with the adult, and he or his brother later had Bi'ah with the minor, the adult is permitted to the Yavam;
1. If the Yavam had Bi'ah with the minor, and then he or his brother had Bi'ah with the adult, the minor is forbidden to the Yavam;
2. R. Elazar says, we counsel the minor to do Mi'un.
(f) (Gemara - Shmuel): The Halachah follows R. Elazar.
(g) Shmuel needed to rule like R. Elazar both here and above (109a).
1. Had he ruled only in that Mishnah, one might have thought that this is because Yibum can be done only through Mi'un, but here, since Yibum was already done, the Yavam would divorce both women!
2. Had he ruled only in our Mishnah, one might have thought that this is because the adult fell to Yibum to the Yavam, but there, the adult did not fall to him (she was Achos Ishto), so we do not encourage Mi'un!

3) WHEN THE "YAVAM" AND "YEVAMAH" ARE MINORS

(a) (Mishnah): If a Yavam and Yevamah are both minors, and they had Bi'ah, they may stay together while growing up;
(b) If he is a minor and she is an adult, and they had Bi'ah, she stays with him while he grows up;
(c) If within 30 days (of entering the Yavam's house) a Yevamah says that the Yavam has not had Bi'ah with her, we force him to do Chalitzah. If she says this after 30 days, we request that he do Chalitzah. If he agrees that he has not had Bi'ah we force him to do Chalitzah, even after 12 months.
(d) If a woman vowed in the life of her husband not to benefit from her Yavam, we force the Yavam to do Chalitzah. If she vowed after falling to Yibum, we request of him to do Chalitzah;
(e) If she intended to prevent Yibum, even if she vowed in her husband's lifetime we request of the Yavam to do Chalitzah.
(f) (Gemara) Suggestion: Our Mishnah is unlike R. Meir:
1. (Beraisa - R. Meir): A Yavam or Yevamah who is a minor does not do Yibum or Chalitzah.
(g) Rejection: The Mishnah can be like R. Meir. R. Meir forbids a minor to do Yibum with an adult, lest the adult transgress (if the minor is a Seris or Ailonis);
1. When both are minors, R. Meir permits.
(h) Question (Seifa): If the Yavam (a minor) did Yibum, they remain together while he grows up!
(i) Answer (R. Chanina Chuza'ah): The case when he already had Bi'ah is different.
(j) Objection: The Mishnah permits them to remain together while he grows up. Each Bi'ah is a (Safek) Isur!
(k) Conclusion: Indeed, the Mishnah is unlike R. Meir.
(l) Question: A minor cannot fulfill "to establish a name for his brother"!
(m) Answer #1 (Abaye): "Her Yavam will have Bi'ah with her" - any Yavam (even a minor).
(n) Answer #2 (Rava): Even without that verse, it cannot be that the Yevamah is forbidden now and will become permitted later (when he matures)!
1. (Rav Yehudah): Any Yevamah who may not do Yibum when she falls to Yibum is like the widow of a brother who had children, and is (permanently) forbidden to do Yibum.
2. Suggestion: Perhaps the Halachah is, if she falls to Yibum to a minor, he can never do Yibum!
3. Rejection: Yibum applies "when brothers will dwell together", even if they dwelled together only one day (the Yavam is a baby).

4) A "YEVAMAH" WHO SAYS THAT THE "YAVAM" DID NOT DO "BI'AH"

(a) (Mishnah): Within 30 days (if she says that he did not do Bi'ah, we force him to do Chalitzah).
(b) Question: Who is our Tana, who says that a man can restrain himself (up to) 30 days?
(c) Answer #1 (R. Yochanan): It is R. Meir:
1. (Beraisa - R. Meir): A Chasan has 30 days to claim that he found that his wife is not a virgin;
2. R. Yosi says, if they were secluded, he must make his claim immediately. If they were not secluded, he may make his claim even after several years.
(d) Answer #2 (Rabah): The Mishnah is even like R. Yosi;
1. R. Yosi said only that a man does not withhold himself (when secluded) with his Arusah, since he is familiar with her. A Yavam is shy (to have Bi'ah) with his Yevamah,