POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
YEVAMOS 116 - Dedicated by Andy and Nancy Neff in honor of the marriage of their daughter Abby to Adi Isaacs (of LA). Mazel Tov - may they merit to build a house of Torah and Chesed and to raise children to Torah and Yir'as Shamayim!
1) ARE WE CONCERNED FOR OTHER PEOPLE WITH THE SAME NAME? (cont.)
(a) Support (Rava, for himself): There were two documents in
Mechuza in which the borrowers were Chavi bar Nanai and
Nanai bar Chavi. Rabah bar Avuha authorized collection of
both of them. These are common names in Mechuza
(nevertheless we are not concerned for others of the same
(b) Rejection (Abaye): Even if we were concerned that others
have the same name, there is no concern (why the bearer
should not collect)!
1. We are not concerned lest the lender dropped it, for
people are careful with documents!
(c) A Get was found in Sura. It said 'In Sura, I, Anan bar
Chiya of Nehardai, divorce my wife Plonis.'
2. We are not concerned lest the lender deposited it
with the current bearer. Since they have the same
name, he would not deposit it by him!
3. Suggestion: Perhaps the lender gave it to the
4. Rejection: If so he is entitled to collect, for
handing over a document is a proper acquisition!
(d) Chachamim checked from Sura to Nehardai. The only other
Anan bar Chiya they found was from Chigra and lived in
Neharda'a. Witnesses said that he was in Nehardai the day
that the Get was written.
(e) Abaye: Even though normally I say that we must be
concerned, here there is no concern. Since he was in
Nehardai, he could not have written a Get in Sura.
(f) Rava: Even though normally I say that we are not
concerned, here we are concerned. Perhaps he went on a
fast camel, or by use of a name of Hash-m, or he had
previously authorized the Get to be written.
1. Rav Safra and Rav Huna (to scribes): When you are in
Shili, write Shili on the document, even though you
were in Hini when asked to write it. When you are in
Hini, write Hini, even though you were in Shili when
asked to write it.
(g) Question: What was the final ruling about the sesame?
(h) Answer #1 (Rav Yemar): We are not concerned.
(i) Answer #2 (Ravina): We are concerned.
(j) The Halachah is, we are concerned.
2) WHEN THEY WERE QUARRELING
(a) (Mishnah): If they were quarreling (she is not believed).
(b) Question: What is the case of a quarrel?
(c) Answer (Rav Yehudah): She tells him 'divorce me.'
(d) Objection: All women say this when they are angry!
(e) Correction: Rather, she says 'you divorced me.'
(f) Question: She should be believed, like Rav Hamnuna
1. (Rav Hamnuna): If a woman says to her husband 'you
divorced me', she is believed.
(g) Answer: The case is, she named the witnesses in front of
whom she was divorced, and the witnesses deny this.
2. There is a Chazakah that she could not be so
impudent to lie to her husband about this.
(h) Question: Why isn't a woman believed when they were
(i) Answer #1 (R. Chanina): We are concerned lest she lie.
(j) Answer #2 (Rav Simi bar Ashi): We are concerned lest she
testify from estimation.
1. They argue about a case in which he started the
quarrel (she would not lie, but she would testify
(k) Question: Is one witness believed when they were
1. If one witness is normally believed (to say that a
man died) because people do not lie about something
Avid l'Igluyei, here also the witness would not lie;
(l) (Mishnah): R. Yehudah says, she is believed (only if she
returns crying and her clothes are torn).
2. If he is believed because she investigates before
remarrying, here she will not check.
3. This question is unresolved.
(m) (Beraisa - Chachamim (to R. Yehudah)): According to you,
a clever woman will be permitted, a simple woman will be
forbidden! Rather, whether or not she is crying she is
(n) A woman entered R. Yehudah's Beis Din. They told her to
eulogize her husband, tear her garments and undo her
(o) Question: They teach her to lie!
(p) Answer: They hold like Chachamim. They wanted that R.
Yehudah would permit her.
3) WHEN IS SHE BELIEVED?
(a) (Mishnah - Beis Hillel): We heard that she is believed
only when she comes from the (grain) harvest, in the same
province, like the case that occurred.
(b) Beis Shamai: It is the same whether she comes from the
grain harvest, the olive harvest, or the grape harvest,
or from one province to another. Chachamim merely
discussed the usual case.
1. Beis Hillel retracted and agreed to Beis Shamai.
(c) (Gemara - Beraisa - Beis Shamai (to Beis Hillel)):
According to you, we know only that she is believed
during the wheat harvest. What is the source that she is
believed during the harvest of barley, grapes, olives,
dates and figs?
1. We must say that the case was during the wheat
harvest, but the same applies to all harvests;
(d) Beis Hillel: Within the same province there is much
traffic, so she is afraid to lie (lest witnesses
contradict her). From a different province people do not
come often, so she is not afraid to lie.
2. Likewise, the case was in the same province, but the
same applies to if they were in different provinces!
(e) Beis Shamai say, even from a different province, caravans
are common (so she is afraid to lie).
(f) Question: What was the case that occurred?
(g) Answer (Rav Yehudah): In the end of the wheat harvest 10
men went to harvest wheat. One was bitten by a snake and
died. His wife came and told Beis Din they verified her
1. They decreed that a woman who says that her husband
died may remarry or do Yibum.
(h) Suggestion: The following Tana'im argue as Beis Shamai
and Beis Hillel do:
1. (Beraisa): One may not transport Mei Chatas (water
sanctified with ashes of Parah Adumah) across the
Yarden River, or in a boat. He may not throw it
across a river, float it across, send it across on
an animal or with a person being carried across,
unless the carrier's feet touch the ground. He may
take it across a bridge;
(i) Rejection #1: Chachamim can hold even like Beis Hillel;
2. This applies to all rivers.
3. R. Chananya ben Akiva says, they forbade only in a
boat across the Yarden, like the case that occurred
4. Suggestion: Chachamim hold like Beis Shamai, and R.
Chananya holds like Beis Hillel.
1. Beis Hillel require her to be in the same province,
for she is not afraid to lie if it is far away. Here
there is no reason to distinguish the Yarden from
(j) Rejection #R. Chananya can hold even like Beis Shamai;
1. Beis Shamai say that she is believed even from a
different province, for she will investigate well
whether it is close or far. Here, we decreed only
like the case that occurred, in a boat on the
(k) Question: What was the case in the boat?
(l) Answer (Rav Yehudah): A man was carrying Mei Chatas and
ashes of the Parah Adumah in a boat on the Yarden. Flesh
of a corpse was found in the ship's bottom, which made
the water and ashes Teme'im;
1. They decreed not to transport Mei Chatas or the
ashes in a boat on the Yarden.
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