POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) THE TESTIMONY OF "YEVAMOS" (cont.)
(a) Question (Rava): What is R. Elazar's reason?
1. Does he hold that Leah's testimony helps for her
(b) Answer #1 (Mishnah - R. Elazar): Since they were
permitted to the Yevamim, they are permitted to others.
2. Or, does he hold that Leah would not ruin herself
(do Yibum if her husband were alive) to ruin Sarah?
3. These answers disagree about whether or not Sarah
may remarry before Leah:
i. If Leah's testimony helps for her Sarah, Sarah
may remarry first;
ii. If Sarah is permitted only because Leah would
not ruin herself, Sarah may not remarry before
1. If Sarah is permitted because Leah would not ruin
herself, we understand why Sarah is permitted only
after Leah remarries;
(c) Rejection: No, perhaps R. Elazar addresses Chachamim
according to their opinion;
2. But if Leah's testimony helps for Sarah, it should
help even if Leah didn't marry!
3. Conclusion: The reason is because Leah would not
1. I hold that Leah's testimony helps for Sarah, even
if Leah didn't remarry.
(d) Answer #2 (Mishnah): If a woman went overseas with her
husband and returned and said that he died, she may
remarry and she receives her Kesuvah. Her Tzarah is
2. You should at least agree that if Leah remarried
Sarah may remarry, for Leah would not ruin herself!
3. Chachamim: A woman would ruin herself to ruin her
1. (Beraisa - R. Elazar): Since she was permitted, her
Tzarah is also permitted.
(e) Rejection: Perhaps R. Elazar means that since she was
permitted and remarried, her Tzarah is permitted.
(f) Question: We should be concerned lest she remarried
because she was divorced, but her ex-husband is still
alive, and she lies to ruin her Tzarah!
(g) Answer: The Tzarah is permitted only if Leah married a
Kohen. She would not do so if she was divorced.
2) WHAT MUST BE SEEN TO TESTIFY THAT A MAN DIED
(a) (Mishnah): Witnesses can testify only if they saw face,
including the nose. This is even if there are Simanim on
his body and clothing.
(b) They can testify only if they saw him die. This is even
if they saw him cut up, hanging, and a wild animal eating
(c) They can testify only if they saw the body within three
days of death;
(d) R. Yehudah ben Bava says, it depends on the deceased, the
place and the time.
(e) (Gemara - Beraisa): If they only saw the forehead but not
the face, or vice-versa, they cannot testify. They must
see both, including the nose.
(f) (Abaye): We learn from "Hakaras Peneihem Onsah Bam".
(g) Aba bar Marsa owed money to the Exilarch's house. He
stuck remnants of garments on his forehead, and they did
not recognize him.
(h) (Mishnah): Even if there are Simanim ...
(i) Inference: This shows that mid'Oraisa we may not rely on
(j) Contradiction (Mishnah): If (a messenger to give a Get
lost the Get, and) it was found tied to his wallet or
ring, or if it was found among his clothes, even after a
long time, the Get may be used.
(k) Answer (Abaye): Tana'im argue about whether or not
mid'Oraisa we may rely on Simanim:
1. (Beraisa): We may not identify a dead man based on a
wart to permit his wife to remarry;
(l) Version #1 - Rejection (Rava): All hold that Simanim are
2. R. Eliezer ben Mahavoy permits this.
3. Suggestion: Chachamim hold that we may rely on
Simanim mid'Oraisa; R. Eliezer says, only
1. Version #1a: They argue about whether we are
concerned lest someone born at the same time with
the same Mazel has an identical wart.
(m) Version #2 - Rejection (Rava): All hold that (regular)
Simanim are mid'Rabanan. They argue about whether or not
a wart is an exceptional Siman (which works mid'Oraisa).
2. Version #1b: They argue about whether or not warts
are prone to change after death.
(n) Question: In Version #1, Rava says that Simanim are
mid'Oraisa. But the Mishnah says (that witnesses can
testify only if they saw the face) even if there are
Simanim on his body and clothes!
(o) Answer - part 1: The Simanim on his body are (vague and
unreliable, e.g.) he is tall or short;
(p) Answer #1 - part 2 (regarding clothing): We cannot rely
on Simanim on his clothing, for we are concerned lest
someone borrowed his clothing.
1. Question: If we are concerned that someone borrowed
his clothing, why do we return a donkey based on a
sign on the Ukaf (wood placed above the saddle)? We
should be concerned lest the Ukaf was borrowed!
(q) Answer #2 - part 2 (regarding clothing): The Simanim on
his clothes are (vague and unreliable, e.g.) they are
white or black.
2. Answer: One does not borrow another's Ukaf, lest it
wound his donkey.
3. Question: If a Get was found tied to a man's wallet
or ring, why may it be used? Perhaps it is a
different Get of one who borrowed his wallet or
4. Answer: One does not lend his (signet) ring, lest
the borrower forge with it. One does not lend his
wallet, lest it harm his Mazel.
3) ONE WHO WAS CUT UP
(a) (Mishnah): Even if they saw that he was cut up ... (they
(b) Inference: A cut up person may live.
(c) Contradiction (Mishnah): A person is not Tamei until he
dies, even if he is cut up, even Goses (about to die).
1. Inference: He is not dead, but he will not live!
(d) Answer #1 (Abaye): Tana'im argue about whether he can
1. (Beraisa): We can testify that a cut up person died,
but not one who was hanging;
(e) Objection: The Mishnah cannot be R. Shimon ben Elazar,
for the Seifa is unlike him!
2. R. Shimon ben Elazar says, we cannot testify even
about one who was cut up, since he could be
cauterized and live.
1. (Mishnah): A case occurred in Asya in which a man
was lowered into water. When they lifted him, only
his leg came up. Chachamim ruled that his wife may
remarry only if more than the knee came up.
(f) Answer: There is different, for water aggravates the
(g) Question: Rabah bar bar Chanah saw a man cut up his
camel. It died while still neighing!
(h) Answer #1 (Abaye): That was a weak camel.
(i) Answer #2 (Rava): The Mishnah discusses one cut with a
burning-hot knife. All agree that in such a case he can
(j) (Mishnah): A wild animal was eating from him...
(k) (Rav Yehudah): This is only if it was eating from a place
where a person does not die. If it was eating from a
place from where a person dies, we may testify.
(l) (Rav Yehudah): If both Simanim (foodpipe and windpipe) of
a man were cut, or the majority of both, and he fled, we
may testify that he died.
(m) Question: Rav Yehudah said that if such a man authorized
to divorce his wife, we write and give the Get!
(n) Answer: He is living, but he will die.
(o) Question: If so, one who cut the Simanim of a person
b'Shogeg should be exiled, but a Beraisa says that he is
(p) Answer (R. Oshaya): We are concerned that the wind
precipitated his death, or he himself did.
Index to Outlines for Maseches Yevamos