ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) The Mishnah validates Yibum whether it is performed ...
1. ... be'Shogeg - (where he believes it to be another woman [See Tos. Yom-Tov]) or ...
2. ... be'Meizid - (where he is intimate with her for fun), and even ...
(b) ... if he performed it 'be'Oneis'.
(c) The definition of ...
1. ... 'be'Oneis is - where the Yavam is physically forced to be intimate with the Yevamah (See also Tos. Yom-Tov).
2. ... 'be'Ratzon' is - where he performed Yibum with the correct Kavanah (See Tos. Yom-Tov).
(a) If ...
1. ... the Yevamah performed Yibum be'Shogeg, be'Meizid or be'Oneis ...
2. ... both of them performed it be'Shogeg, be'Meizid or be'Oneis, or ...
3. ... the Yavam performed it thinking that she was somebody else and the Yevamah for enjoyment sake, or if one of them performed it be'Oneis and the other one did not - the Yibum is valid.
(b) We learn all of the above from the Pasuk in Ki Seitzei - "Yevamah Yavo alehah" (which is otherwise superfluous [See also Tos. Yom-Tov, end of DH 've'Lo Chalak ... ']).
(a) We differentiate between Yibum that the Yavam performs through Ha'ara'ah and one that he performs through Neshikah. The definition of ...
1. ... 'Ha'ara'ah' is - where the Atarah penetrates but to completely.
2. ... 'Neshikah' is - where it touches but does not penetrate.
(b) Ha'ara'ah acquires the Yevamah - (Neshikah does not).
(c) The two ramifications of 'acquires the Yevamah' are - a. That he inherits his deceased brother's inheritance, and b. that she is his wife until he gives her a Get.
(d) Finally, when the Tana says 've'Lo Chalak bein Bi'ah le'Bi'ah', he means - that he acquires the Yevamah even by means of an unnatural act of intimacy ...
(e) ... and he learns it from which Pasuk in Kedoshim - "Mishk'vei Ishah" (which teaches us that there are two locations on a woman to which intimacy applies) See Tos. Yom-Tov.
(a) In connection with what we learned in the previous Mishnah, the Tana rules - that someone who relations with any of the Arayos (See Tos. Yom-Tov) or of the Pesulos in the Torah (See Tos. Yom-Tov) in any of the above ways has transgressed and his Bi'ah is effective.
(b) The ...
1. ... two cases he presents regarding Pesulei Kehunah, (besides Almanah le'Kohen Gadol) are - Gerushah va'Chalutzah le'Kohen Hedyot (even though Chalutzah le'Kohen Hedyot is only mi'de'Rabbanan, as is the following case of Nasin to a bas Yisrael and vice-versa).
2. ... two cases he presents regarding Pesulei Kahal (besides 'a Mamzeres and a Nesinah to a Yisrael' [See Tos. Yom-Tov]) are - a bas Yisrael to a Nasin and a Mamzer.
(c) Although the wife of a Yisrael who is raped - remains permitted to her husband ...
(d) ... she nevertheless becomes forbidden to marry a Kohen (even after her husband's death [See Tos. Yom-Tov DH 'Paslah']).
(a) The marriage of ...
1. ... an Almanah to a Kohen Gadol affects her future - inasmuch as she becomes a Zonah and is subsequently forbidden to marry a Kohen Hedyot (even if her husband the Kohen Gadol dies before he manages to divorce her), whereas ...
2. ... a Gerushah or a Chalutzah who marries a Kohen Hedyot if she is who is the daughter of a Kohen - is forbidden to eat 'the Terumah of her father's house'.
(b) And the Mishnah includes 'Mamzeres u'Nesinah le'Yisrael' (bearing in mind that they are already forbidden marry Kohanim) - to teach us that she receives Malkos for Ha'ara'ah, just as she does for a full Bi'ah.
(a) The Mishnah forbids an Almanah le'Kohen Gadol and a Gerushah va'Chalutzah (who are Kohanos) le'Kohen Hedyot to eat Terumah - already from the betrothal.
(b) According to Rebbi Eliezer (Elazar?) and Rebbi Shimon - it is only from the time they have consummated the marriage.
(c) They learn this from the words "ve'Lo Yechalel" (in the Pasuk in Emor [written in this connection] "ve'Lo Yechalel Zar'o be'Amav") - since the Pasuk implies two Chilulin (one for her and one for her children [See Tos. Yom-Tov]), which comes into effect only at the time of the first Be'ilah.
(d) Should they get divorced or become widows, they are once again permitted to eat T'rumah - if they were only betrothed, but forbidden if they were already married.
(a) The prohibition for a Kohen Gadol to marry a widow applies - irrespective whether she is an Almanah min ha'Nisu'in or an Almanah min ha'Erusin (See Tos. Yom-Tov) ...
(b) ... since even according to the Tana Kama, an Arusah is only forbidden to eat Terumah because she is 'waiting for a Bi'ah Pesulah (and this obviously does not apply once her husband dies).
(a) The Tana Kama also prohibits him from marrying a Bogeres - (which generally means a 'woman' who has turned twelve and a half, and whose virginity has completely disappeared [See Tos. Yom-Tov DH 've'Lo Yisa' & 'Bogeres']).
(b) He learns this from the Pasuk in Emor - "ve'Hu Ishah bi'Vesulehah Yikach".
(c) Rebbi Eliezer (Elazar?) and Rebbi Shimon say - permit it (See Tos. Yom-Tov).
(d) The Halachah is - like the Tana Kama.
(a) A 'Mukas Eitz' is a 'woman' who lost her virginity by means of a stick or another similar object that pierced her womb.
(b) The Tana forbids a Kohen ...
1. ... Gadol to marry a Mukas Eitz, but permits a Kohen ...
2. ... who is betrothed to a widow and who is then appointed Kohen Gadol to marry her (See Tos.Yom-Tov).
(c) Yehoshua ben Gamla was - a (righteous) Kohen Gadol ...
(d) ... who betrothed Marsa bas Baytus - before the king appointed him Kohen Gadol.
(e) The Tana cites it as proof for the previous ruling, since Yehoshua Kohen Gadol subsequently married her.
(a) The Mishnah say prohibits a Kohen Hedyot before whom there falls a Yevamah and who is appointed Kohen Gadol - to perform Tibum with her ...
(b) ... even if he already made Ma'amar with her before his appointment.
(c) A Kohen Gadol whose brother dies childless leaving behind a widow - must do Chalitzah (See Tos. Yom-Tov).
(a) An 'Aylonis' is - a woman who cannot have children (as we explained in the first Mishnah of the Masechta).
(b) A Kohen is permitted to marry an Aylonis - only if he has a wife and children (See Tos. Yom-Tov), and the same applies to ...
(c) ... a Yisrael (See Tos. Yom-Tov).
(d) The Mishnah mentions specifically a Kohen - due to the opinion of Rebbi Yehudah (that we are about to cite).
(a) Rebbi Yehudah forbids a Kohen to marry an Aylonis even if he already has a wife and children - because he considers her to be a Zonah (See Tos. Yom-Tov [whom the Torah forbids a Kohen to marry]).
(b) The Chachamim dispute this. Two of the three examples of 'Zonah' that they present are a Giyores and a Shifchah Meshuchreres, who are considered Zonos - because Nochrim are known to be highly promiscuous, and their children are often the result of forbidden marriages.
(c) The third example they give is a woman who committed an adulterous act - incorporating Chayvei La'avin and Asei (See Tos. Yom-Tov) as well as Chayvei Kareis and Misas Beis-Din, but not ...
(d) ... an unmarried woman who had illicit relations with a man who is not forbidden to her.
(e) The Halachah is - like the Chachamim.
(a) A man is permitted to cease indulging in Piryah ve'Rivyah - once he has had children.
(b) ... which Beis Shamai interpret as two sons ...
(c) ... which he learns from Moshe Rabeinu, who had two sons before divorcing his wife Tziporah.
(d) Beis Hillel interpret 'children' as a boy and a girl, based on the Pasuk in Bereishis "Zachar u'Nekeivah Bera'am" (See Tos. Yom-Tov).
(e) They refute Beis Shamai's proof - in that Moshe divorced his wife following a Divine decree. (See Tos. Yom-Tov).
(a) In order to fulfill the Mitzvah of Piryah ve'Rivyah, a man is permitted to wait - ten years with his first wife before marrying another woman.
(b) We learn this - from Avraham Avinu, who married Hagar after ten years without having children from Sarah.
(c) The years that Avraham lived with Sarah in Charan are not counted - because that was in Chutz la'Aretz, and it was hoped that they would be able to have children on the merit of living in Eretz Yisrael (See Tos. Yom-Tov).
(d) If either the man or the woman is sick or imprisoned (or any other similar Oneis) for any period of time during those ten years - one deducts them from the ten years.
(a) The Mishnah - permits a woman whose husband divorced her after ten years of childlessness to remarry ...
(b) ... since the childlessness from her first marriage may have been due to her husband.
(c) If her first husband refuses to pay her Kesubah because she failed to produce children - she is believed if she places the blame on him (because his semen does not 'shoot like an arrow' [See Tos. Yom-Tov]).
(d) If we know her claim to be false - then Beis-Din place a Cherem on her.
(a) If, after she remarries, there are again no children, her second husband permitted to wait - ten years before marrying another woman (See Tos. Yom-Tov).
(b) If the woman miscarries during the ten year period - they begin counting the ten year period afresh from the time she miscarried.
(c) The Tana Kama Darshens from the missing 'Vav' in the word "ve'Chivshuhah" (in the Pasuk in Bereishis "P'ru u'Revu ... ve'Chivshuhah") - that only the man is obligated to fulfil the Mitzvah of Piryah ve'Rivyah but not the woman.
(d) They explain tha Pasuk as follows - 've'Chavshah', that P'ru u'Revu is confined to the man, who 'rules over the woman' (regarding the Dinim of intimacy), whereas the woman is Patur.
(a) Rebbi Yochanan ben Berokah learns from the Pasuk there "Vayevarech osam Elokim Vayomer lahem Elokim 'P'ru u'Revu!" - that the Mitzvah of Piryah ve'Rivyah was said to both Adam and Chavah.
(b) The Halachah is - like the Tana Kama.