Mishnah 1
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1)

(a)What is Miy'un?

(b)According to Beis Shamai, only an Arusah (a betrothed girl) who can perform Miy'un. What do Beis Hillel say?

(c)Beis Hillel permit even a Yevamah Ketanah to perform Miy'un. What do Beis Shamai say?

(d)What is the case according to Beis Hillel?

1)

(a)If the father of a Ketanah is no longer alive, the Rabbanan authorized her mother and brothers to marry her off. 'Miy'un' is - the right to walk out of the marriage without a Get.

(b)According to Beis Shamai, only an Arusah (a betrothed girl) can perform Miy'un (See Tos. Yom-Tov). Beis Hillel say - even a Nesu'ah (one who is married.

(c)Beis Hillel permit even a Yevamah Ketanah to perform Miy'un. According to Beis Shamai - Miy'un is only permitted with a 'husband', but not with a Yavam.

(d)The case according to Beis Hillel is - where her husband dies and she then performs Miy'un with the Yavam.

2)

(a)What do Beis Shamai and Beis Hillel respectively, say about performing Miy'un not in ...

1. ... the presence of the husband?

2. ... front of Beis-Din?

(b)Beis Shamai permit a Ketanah to perform Miy'un, even four or five times. According to Beis Shamai, one of two options that a Mema'enes has is to wait until she grows-up before becoming betrothed again. What is the other?

(See Meleches Sh'lomoh)

(c)What reason do they give for this?

2)

(a)Beis Shamai forbid performing Miy'un not in ...

1. ... the presence of the husband or not in ...

2. ... front of Beis-Din; Beis Hillel permit it.

(b)Beis Hillel permit a Ketanah to perform Miy'un, even four or five times. According to Beis Shamai once she has performed Miy'un, she must either wait until she grows-up before becoming betrothed again - or get married immediately (See Meleches Sh'lomoh) ...

(c)... because 'the daughters of Yisrael are not Hefke!'

Mishnah 2
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3)

(a)What must the girl who is performing Miy'un say (See Tos. Yom-Tov)?

(b)On what condition does ...

1. ... the Tana Kama rule that a Ketanah who is married off by her mother and brothers does not even require Miy'un?

2. ... Rebbi Chanina ben Antignos issue the same ruling based on the maturity of the girl?

(c)What does Rebbi Eliezer, the most radical of all, mean when he says that every Ketanah is like a Mefutah (a girl who has been seduced [See Tos. Yom-Tov])?

(d)What does he therefore say about her assuming she is ...

1. ... a bas Yisrael who married a Kohen?

2. ... a bas Kohen who is married to a Yisrael?

3)

(a)The girl who is performing Miy'un must say 'I cannot live with my husband 'P'loni' or similar words (See Tos. Yom-Tov).

(b)According to ...

1. ... the Tana Kama, a Ketanah who is married off (See Tos. Yom-Tov) by her mother or brothers (See Tos. Yom-Tov) does not even require Miy'un - if they did so without her consent.

2. ... Rebbi Chanina ben Antignos, she does not require Miy'un - as long as she is incapable of looking after her Kidushin.

(c)When Rebbi Eliezer, the most radical of all, says that every Ketanah is like a Mefutah he means that - it is as if she is not married (See Tos. Yom-Tov).

(d)Consequently, if she is ...

1. ... a bas Yisrael who married a Kohen - she remains forbidden to eat T'rumah.

2. ... a bas Kohen who is married to a Yisrael - she remains permitted to eat T'rumah.

4)

(a)The Halachah is not like Rebbi Eliezer. Like whom is the Halachah?

(b)Up to what age do we assume that a Ketanah is incapable of looking after her Kidushin (and does therefore not require Miy'un)?

(c)From which age and onwards do we assume that she is?

(d)What if she is a particularly stupid girl?

(e)What is the Din, in this regard, regarding a girl between the ages of six and ten?

4)

(a)The Halachah is not like Rebbi Eliezer, but like - Rebbi Chanina ben Antignos.

(b)We assume that a Ketanah is incapable of looking after her Kidushin (and does not therefore require Miy'un - up to the age of six ...

(c)... and we assume that she *is* - from the age of ten ...

(d)... if she is a particularly stupid girl (See Tos. Yom-Tov).

(e)Between the ages of six and ten - she needs to be examined as to whether she is capable of looking after her Kidushin or not.

5)

(a)Up to what age is a Ketanah permitted to perform Miy'un?

(b)What additional condition is required to prohibit her from performing it?

(c)On what condition is she forbidden to perform Miy'un even if she has not grown two pubic hairs?

(d)Why is that?

5)

(a)A Ketanah is permitted to perform Miy'un up to the age of - twelve ...

(b)... provided she has not grown two pubic hairs.

(c)She is forbidden to perform Miy'un, even if she has not grown two pubic hairs however - once she has consummated her marriage ...

(d)... because we suspect that the hairs fell out, in which case her husband has fully acquired her.

Mishnah 3
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6)

(a)What distinction does Rebbi Eliezer ben Ya'akov draw between where it is the man who terminates the marriage (Rambam) or the girl (this will be explained in the following Mishnah)?

6)

(a)Rebbi Eliezer ben Ya'akov rules that - if it is the man who 'terminates the marriage' then they are assumed to have been married (seeing as she did not perform Miy'un), where if it is on account of the girl, then they are not.

Mishnah 4
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7)

(a)What does the Tana now say (with regard to she and her husband marrying each others' relatives) where it is ...

1. ... the girl who terminated the marriage?

2. ... the man who terminated the marriage?

(b)What additional Chumrah does the latter create?

7)

(a)The Tana now rules that if it is ...

1. ... the girl who terminated the marriage - then they are permitted to marry each others' relatives; whereas if it is ...

2. ... the man who did so - they are not.

(b)It the latter case - she is also forbidden to marry a Kohen.

8)

(a)What does the Mishnah rule in a case where the man gives the current wife a Get, remarries her and she performs Miy'un; then, she remarries and her second husband divorces her or dies? Is she now permitted to return to her first husband?

(b)Why is that?

(c)What will be the Din in the reverse case, where the girl performed Miy'un the first time and her husband divorced her the second time, before she married the second husband?

8)

(a)In a case where the man gives the current wife a Get, remarries her and she performs Miy'un; then, she remarries and her second husband divorces her or dies, the Mishnah - permits her to go back to her first husband ...

(b)... since the Miy'un indicates that she is still a Ketanah and negates the Get.

(c)In the reverse case (where the girl performed Miy'un the first time and her husband divorced her the second time [before she married the second husband]) - she is forbidden to go back to him.

Mishnah 5
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9)

(a)The Tana now discusses a case where a girl, married off by her mother or brothers, marries and performs Miy'un, marries again and gets divorced, marries and performs Miy'un, marries and gets divorced, marries and performs Miy'un. What does he rule regarding going back to her former husbands?

(b)Why might we have thought that she is permitted to return even to the former?

9)

(a)The Tana now discusses a case where a girl, married off by her mother or brothers marries and performs Miy'un, marries again and gets divorced, marries and performs Miy'un, marries and gets divorced, marries and performs Miy'un. The Tana - forbids her to go back to all those who divorced her, but permits her to go back to all those with whom she performed Miy'un.

(b)We might have thought that she is permitted to return even to the former - because the Miy'un that she performed afterwards would negate the Get (See Tos. Yom-Tov).

Mishnah 6
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10)

(a)The Tana Kama permits a woman whose husband took her back after having divorced her, to perform Yibum. Why might we have thought that it is forbidden?

(b)On what grounds does Rebbi Eliezer forbid it?

(c)Like whom is the Halachah?

10)

(a)The Tana Kama permits a woman whose husband took her back after having divorced her, to perform Yibum. We might have thought that it is forbidden - by assuming that it is the initial marriage that causes the obligation to perform Yibum, and the initial marriage ended in a divorce, rendering her forbidden to the Yavam due to the Isur of Eishes Ach.

(b)Rebbi Eliezer forbids it - due to a decree because of a Yesomah be'Chayei ha'Av (which we are about to dicuss).

(c)The Halachah is - like the Tana Kama.

11)

(a)What is a 'Yesomah be'Chayei ha'Av'?

(b)Why is she called by that title?

(c)In the event that her husband dies, what will be the Din with regard to Yibum?

(d)Why is that?

(e)On what condition will the second Kidushin be valid?

11)

(a)A 'Yesomah be'Chayei ha'Av' is - a Ketanah whose father married her off, and whose husband subsequently divorces her.

(b)She is called by that title - because she then leaves her father's domain (e.g. he is no longer permitted to marry her off, even though she is still a Ketanah).

(c)In the event that her husband dies - she is forbidden, (unanimously) to the Yavam ...

(d)... seeing as her father has no more jurisdiction over her, and she has no 'Yad' to accept Kidushin herself even from her ex-husband, in which case, her Kidushin is not valid.

(e)The second Kidushin will be valid however - if her husband died after she became a Gedolah.

Mishnah 7
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12)

(a)What does the Mishnah say in a case where two brothers are married to two Ketanos who are Yesomos be'Chayei ha'Av and one of them dies, with regard to Yibum and Chalitzah?

(b)What if both sisters are not Ketanos but Chershos (deaf-mutes)?

12)

(a)In a case where two brothers are married to two Ketanos who are Yesomos be'Chayei ha'Av and one of them dies, the Mishnah rules - that his wife 'goes out because of Achos Ishah' and is therefore Patur from Yibum and Chalitzah, and the same applies ...

(b)... if both sisters are not Ketanos but Chershos (deaf-mutes).

13)

(a)In a case where one of the sisters is a Gedolah, and the other one, a Ketanah, what does Rebbi Eliezer say one teaches the Ketanah to do, in the event that the husband of the Gedolah dies?

(b)What does Raban Gamliel say?

(c)What is the basis of their Machlokes?

(d)What does waiting until the Ketanah grows up help, according to Raban Gamliel

(e)Why, according to Rebbi Gamliel, can the husband of the Ketanah, not do Chalitzah with the Gedolah?

13)

(a)In a case where one of the sisters is a Gedolah, and the other one, a Ketanah, in the event that the husband of the Gedolah dies, Rebbi Eliezer rules that one teaches the Ketanah - to perform Miy'un, to enable the Yavam to perform Yibum with the Yevamah.

(b)Raban Gamliel maintains - that if she chooses to perform Miy'un, that's fine; if not, then one waits for her to grow up, at which point, the Yevamah goes out because of Achos Ishah.

(c)The basis of their Machlokes is - whether the Zikah (d'Oraysa) of the Gedolah is strong enough to affect the marriage of the Ketanah (which is only de'Rabbanan) to forbid her on account of Achos Zekukaso (Rebbi Eliezer) or not (Raban Gamliel).

(d)According to Raban Gamliel, waiting until the Ketanah grows helps - in that, her marriage now changes its status from de'Rabbanan to d'Oraysa, thereby renderring the Gedolah Achos Ishto.

(e)According to Rebbi Gamliel, the husband of the Ketanah cannot do Chalitzah with the Gedolah - since that would render the Ketanah forbidden to her husband, because of Achos Chalutzaso.

14)

(a)Rebbi Yehoshu'a is the most stringent of them all. What does he say?

(b)On what grounds does he disagree with Rebbi Eliezer?

(c)Like whom is the Halachah?

14)

(a)Rebbi Yehoshu'a (the most stringent of them all) says - 'Woe both to his wife (who goes out with a Get) and woe to his wife's sister (who requires Chalitzah).

(b)He disagrees with Rebbi Eliezer - because he maintains that one should keep as far as possible away from Miy'un (See Tos. Yom-Tov).

(c)The Halachah is - like Rebbi Eliezer.

Mishnah 8
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15)

(a)What is the Din in a case where a man who is married to two Yesomos Ketanos dies, with regard to his brother performing Yibum or Chalitzah?

(b)In which regard is the Din of two Chershos ...

1. ... the same as that of two Ketanos Yesomos?

2. ... different?

(c)Why is that?

(d)What if one of his wives is a Yesomah Ketanah, and the other, a Chareshes?

(e)Seeing as both marriage are mi'de'Rabbanan, why does the Yibum or the Chalitzah of one of them not exempt the other?

15)

(a)If a man is married to two Yesomos Ketanos dies, - the Yibum or Chalitzah of one them exempts the other.

(b)The Din of two Chershos ...

1. ... is the same as that of two Ketanos Yesomos - regarding Yibum ...

2. ... but different regarding Chalitzah ...

(c)... because a Chareshes is not subject to Chalitzah (See Tos. Yom-Tov).

(d)If one of his wives is a Yesomah Ketanah, and the other, a Chareshes - then the Yibum of the one will not exempt the other ...

(e)... (despite the fact that both marriage are mi'de'Rabbanan) - since we do not know which of the two the Yavam prefers (See Tos. Yom-Tov), that it should exempt the other.

16)

(a)What will be the Din if one of his wives is a Pikachas and the other, a Chareshes, or if one of them is a Gedolah and the other, a Ketanah?

(b)Why is that?

16)

(a)If one of his wives is a Pikachas and the other, a Chareshes, or if one of them is a Gedolah and the other, a Ketanah - Yibum with the former (See Tos. Yom-Tov) will exempt the latter, but not vice-versa ...

(b)... because Yibum with a woman whose marriage is complete exempts a woman whose marriage is not complete, but not the other way round.

Mishnah 9
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17)

(a)In a case where someone who is married to two Yesomos Ketanos and dies, what does the Mishnah say if the Yavam performs Yibum first with one of them and then with the other, with regard to rendering the first one Pasul?

(b)What if, after performing Yibum with one of them, another brother performs Yibum with the second one?

(c)Why does the first Yevamah not become Pasul?

(d)Why can the Yavam not retain the second Yevamah?

(e)What Isur would he transgress if he did?

17)

(a)In a case where someone who is married to two Yesomos Ketanos dies, the Mishnah rules that, if the Yavam performs Yibum first with one of them and then with the other - the Yibum of the second one does not render the first one Pasul, and the same will apply ...

(b)... if, after performing Yibum with one of them, another brother performs Yibum with the second one.

(c)The first Yevamah does not become Pasul - because Mah Nafshach, if the marriage of a Yesomah Ketanah is valid (See Tos. Yom-Tov), then the first Yibum is valid, and the Bi'ah of the second one is a Bi'as Z'nus; whereas if it is not, then the marriage to the first brother was not valid either, and there is no reason why she should be forbidden.

(d)On the other hand, the Yavam cannot retain the second Yevamah - in case the Kidushin of the first one was valid ...

(e)... in which case he would transgress the Isur of 'Bayis Echad hu Boneh ve'Eino Boneh Sh'nei Batim' (as we learned in the fourth Perek).

18)

(a)What will be the Din in the same case, only where the first brother is not married to two Yesomos Ketanos, but to two Chershos?

(b)What is the basic difference between a marriage to a Yesomah Ketanah and a marriage to a Chareshes (that will explain the following rulings)?

18)

(a)In the same case as the previous one, only where the first brother is not married to two Yesomos Ketanos, but to two Chershos - the Din is exactly the same.

(b)The basic difference between a marriage to a Yesomah Ketanah and a marriage to a Chareshes is - that whereas the former is a Safek as to whether she is legally married or not, the latter is definitely married, but only partially. This will explain the following rulings).

19)

(a)In a case where the brother who died was married to a Ketanah and a Chareshes, what does the Tana rule, where, after the first brother performed Yibum with ...

1. ... the Ketanah, either he or his brother then performed Yibum with the Chareshes?

2. ... the Chareshes, either he or his brother then performed Yibum with the Ketanah?

(b)What is the reason for ...

1. ... the latter ruling?

2. ... the former ruling?

(c)What is the reason of those whose text in the Reisha too, reads 'Pasul'?

19)

(a)In a case where the brother who died was married to a Ketanah and a Chareshes, the Tana rule that where, after the first brother performed Yibum with ...

1. ... the Ketanah, either he or his brother then performed Yibum with the Chareshes - this does not render the Ketanah forbidden.

2. ... the Chareshes, either he or his brother then performed Yibum with the Ketanah - the Chareshes becomes forbidden to the Yavam.

(b)The reason for ...

1. ... the latter ruling is - because, if the marriage of the Ketanah Yesomah is fully valid, it will override that of the Chareshes (which is only partially valid [as we explained]).

2. ... the former ruling - because Mah Nafshach ... (as we explained earlier in the Mishnah).

(c)The reason of those whose text in the Reisha too, reads 'Pasul' - is because the Chachamim decreed there on account of the Seifa.

Mishnah 10
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20)

(a)The Tana now discusses a case where the two wives are a Pikachas and a Chareshes. What is a Pikachas?

(b)What does he rule in a case where after performing Yibum with ...

1. ... the Pikachas, the same brother or a different one performs Yibum with the Chareshes?

2. ... the Chareshes, the same brother or a different one performs Yibum with the Pikachas?

20)

(a)The Tana now discusses a case where the two wives are a Pikachas - a regular, healthy woman and a Chareshes.

(b)He rules that, if, after performing Yibum with ...

1. ... the Pikachas, the same brother or a different one performs Yibum with the Chareshes - the marriage to the Pikachas is unaffected, whereas vice-versa, after performing Yibum with ...

2. ... the Chareshes, Yibum subsequently performed on the Pikachas either by the same brother or a different one - will render the Chareshes forbidden to her husband (See Tos. Yom-Tov).

Mishnah 11
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21)

(a)What does the Tana Kama finally say in a case where the two women are a Gedolah and a Ketanah, and where, after performing Yibum with ...

1. ... the Gedolah, the same Yavam or one of his brothers performs Yibum with the Ketanah?

2. ... the Ketanah, the same Yavam or one of his brothers performs Yibum with the Gedolah?

(b)What does Rebbi Elazar say about the latter case?

(c)Some commentaries have the text 'be'Chulan ... '. Which case does this come to include?

(d)Like whom is the Halachah?

21)

(a)In a case where the two women are a Gedolah and a Ketanah, and where, after performing Yibum with ...

1. ... the Gedolah, the same Yavam or one of his brothers performs Yibum with the Ketanah, the Tana Kama finally rules - that his marriage to the Gedolah remains unaffected, whereas in the reverse case, where he first performed Yibum with ...

2. ... the Ketanah, subsequently performing Yibum with the Gedolah - will forbid the Ketanah on her husband.

(b)Rebbi Elazar rules in the latter case - that we teach the Ketanah (See Tos. Yom-Tov) to perform Miy'un (See Tiferes Yisrael).

(c)Some commentaries have the text 'be'Chulan ... ' - to include the case in Mishnah 9, where the Yavam performed Yibum first with the Ketanah and then with the Chareshes (See Tos. Yom-Yov).

(d)The Halachah is - like Rebbi Elazar (Ibid.)

Mishnah 12
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22)

(a)What does the Mishnah say about a Yavam Katan who performed Yibum with a Yevamah ...

1. ... Ketanah?

2. ... Gedolah?

(b)Why, in the latter case, can he not divorce her earlier?

(c)What additional reason might apply in the former case?

22)

(a)The Mishnah rules that both a Yavam Katan ibum with a who performed Yibum with a Yevamah ...

1. ... Ketanah, and one who performed Yevamah with a Yevamah ...

2. ... Gedolah - must wait until he is a Gadol - at which point he is permitted to divorce her.

(b)In the latter case, he cannot divorce her earlier - because the Get of a Katan is not valid (See also Tos. Yom-Tov).

(c)In the former case too, she is not subject to divorce - if she is too young to look after her Get (as we have already learned).

23)

(a)What do we do in a case where, within thirty days after taking her into his house and giving her a Get, the Yevamah claims that the Yavam did not perform Yibum with her, and the Yavam counters that he did?

(b)On what grounds is she believed?

23)

(a)In a case where, within thirty days after taking her into his house and giving her a Get, the Yevamah claims that the Yavam did not perform Yibum with her, and the Yavam counters that he did - she is believed, and we force him to make Chalitzah (See Tos. Yom-Tov & Tiferes Yisrael) ...

(b)... because a man can live with a woman up to thirty days without intimacy.

24)

(a)What do we do in the same scenario, but if it takes place after thirty days?

(b)Why is that?

(c)Based on which principle is she nevertheless not permitted to marry without Chalitzah?

24)

(a)In the same scenario, but after thirty days - we ask him to perform Chalitzah, but we do not force him ...

(b)... since, based on the principle that a man cannot live with a woman without being intimate with her for more than thirty days, we then believe him.

(c)She is nevertheless not permitted to marry without Chalitzah based on the principle - 'Shavyah Anafshah Chatichah de'Isura' (she must abide by her own admission that she is still a Shomeres Yavam).

25)

(a)Why do we force the Yavam or ask him to do Chalitzah and not Yibum?

(b)What if the Yevamah says that the Yavam performed Yibum, and he denies having done so?

(c)How will the Din differ if, in the initial case, the Yavam admits that he has not yet performed Yibum with her?

25)

(a)We force the Yavam or ask him to do Chalitzah and not Yibum - because, since she has a Get, she is in any case forbidden to him.

(b)If the Yevamah says that the Yavam performed Yibum, and he denies having done so - we ignore his claim (See Tos. Yom-Tov) and she does not require Chalitzah.

(c)If, in the initial case, the Yavam admits that he has not yet performed Yibum with her - then even after twelve months have elapsed, we will force him to make Chalitzah.

Mishnah 13
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26)

(a)What do we do in a case where the Yevamah made a Neder not to have any Hana'ah from her brother-in-law, and her husband subsequently dies, assuming she made the Neder ...

1. ... during her husband's lifetime?

2. ... after her husband's death?

(b)What is the reason ...

1. ... in the Reisha?

2. ... in the Seifa?

(c)What about her Kesubah?

(d)On what condition do we ...

1. ... force him to make Chalitzah even in the Seifa?

2. ... merely request that he makes Chalitzah even in the Reisha?

26)

(a)In a case where the Yevamah made a Neder not to have any Hana'ah from her brother-in-law, and her husband subsequently dies, assuming she made the Neder ...

1. ... during her husband's lifetime - we force him to do Chalitzah

2. ... after her husband's death - we ask him to do so, but do not force him.

(b)The reason ...

1. ... in the Reisha is - because it is unlikely to have entered her mind that she will one day fall to her brother-in-law for Yibum, in which case her Neder was made in innocence; whereas ...

2. ... in the Seifa - her Neder was an act of rebellion ...

(c)In the Reisha - he is obligated to give her her Kesubah, whereas in the Seifa, she only receives her Kesubah in the event that he chooses to make Chalitzah.

(d)We ...

1. ... force him to make Chalitzah even in the Seifa - if she is willing to forego her Kesubah.

2. ... merely request that he makes Chalitzah even in the Reisha - if it is clear that her intention even then was only to render herself forbidden to the Yavam.

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