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ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
daf@dafyomi.co.il, www.dafyomi.co.il
Rosh Kollel: Rabbi Mordecai Kornfeld
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YEVAMOS PEREK 12 |  Next |
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(a) The Mitzvah of Chalitzah requires - three Dayanim.
(b) Despite the fact that even Hedyotos are Kasher (See Tos. Yom-Tov), the Mishnah refers to them as Dayanim - because they have to be able at least to read the relevant Pesukim like Dayanim.
(c) Two additional people are required to join the proceedings - in order to publicize the Chalitzah.
(d) A 'Min'al' - is made of soft leather (skin), a 'Sandal' - of hard leather.
(e) The reason that ...
1. ... one should therefore not use a Min'al Lechatchilah - is in case it is torn (in which case it will not protect the foot, and the shoe used for Chalitzah must protect the foot).
2. ... this concern is not applicable to a Sandal is - because, precisely because it is hard, it is unlikely to tear.
(a) The Tana declares socks - invalid ...
(b) ... since they do not protect the foot.
(c) We learn this from the G'zeirah-Shavah "Na'alo" (by Chalitzah) from the Pasuk in Yechezkel "ve'An'alcha Tachash" - since 'Tachash' constituted a thick skin.
(d) The Mishnah also draws a distinction between a shoe that ...
1. ... has a heel - which is Kasher (See Tos. Yom-Tov), and a shoe that doesn't - which is Pasul.
2. ... is tied below the knee- which is Kasher (See Tos. Yom-Tov), and a shoe that is tied above the knee - which is Pasul.
(a) The Mishnah permits Bedi'eved, a shoe ...
1. ... that does not belong to the Yavam (See Tos. Yom-Tov).
2. ... that is made of wood ...
(b) ... on condition that it is overlaid with leather.
(c) The Tana permits performing Chalitzah ...on a Yavam who is wearing ...
1. ... a left-foot Sandal on the right foot - Bedi'eved, and the same applies to ...
2. ... a shoe that is too large but that he is able to walk with and ...
3. ... one that is too small but that covers most of his foot.
(a) According to the Tana Kama, Chalitzah that is performed at night-time is Kasher. Rebbi Eliezer - declares it Pasul (See Tos. Yom-Tov).
(b) Rebbi Eliezer and the Chachamim respectively - switch their opinions with regard to Chalitzah that is performed on the left foot; The Tana Chachamim declare it Pasul (See Tos. Yom-Tov), Rebbi Eliezer, Kasher.
(c) Chalitzah that is performed ...
1. ... at night - is Pasul (like Rebbi Eliezer [See Tos. Yom-Tov]).
2. ... on the left foot - is Pasul too (like the Chachamim).
(a) The Mishnah - declares valid a Chalitzah where the Yevamah removed the Yavam's shoe and spat towards him, but failed to recite the relevant Pasuk ("Kachah Ye'asah la'Ish ... ").
(b) We know that removing the shoe is crucial to the Chalitzah - from the word "Kachah" (in the Pasuk in Ki Seitzei "Kachah Ye'aseh la'Ish").
(c) Nevertheless, it not matter if she did not recite the Pasuk - since we also learn from "Kachah Ye'aseh" that it is only an action that is crucial, but not reciting the Pasuk, which is not an action.
(d) Rebbi Eliezer learns from the same Pasuk that spitting, like removing the Yavam's shoe, is crucial. Rebbi Akiva disagrees- because the word "la'Ish" implies that it is only an action that is performed on the body of the Yavam that is crucial, to preclude spitting, which is not.
(a) The Mishnah rules that if ...
1. ... a Cheresh does Chalitzah (where there are other brothers [See Tos. Yom-Tov]), his Chalitzah is Pasul, as is that of ...
2. ... Chareshes who performs Chalitzah, and ...
3. ... a Yevamah who performs Chalitzah with a Yavam who is a Katan.
(b) 'Chalitzah Pesulah' implies - that the Yevamah is subsequently forbidden to do Yibum ...
(c) ... in which case, the author of this Mishnah is - Rebbi Meir.
(d) According to the Chachamim - the Chalitzah of a Katan is ineffective (See Tos. Yom-Tov).
(e) The Halachah is - like the Chachamim.
(a) If the Yavam does not want to live with her - then he must perform Yibum and subsequently give her a Get.
(b) If the Yevamah performs Chalitzah with a Yavam Katan too - the Chalitzah is Pasul.
(c) If the Yevamah was a Ketanah when she performed Chalitzah - she must perform it again when she grows up.
(d) If she didn't - then her Chalitzah is Pasul (See Tos. Yom-Tov).
(a) The Tana Kama rules that a Chalitzah that is performed in front of two witnesses or in front of three witnesses, one of whom is subsequently found to be either a relative of the Yavam or of the Yevamah or ineligible to testify - is Pasul.
(b) Rebbi Shimon and Rebbi Yochanan ha'Sandlar - declare it Kasher.
(a) The Tana relate's a story of a Yavam and his Yevamah who were in prison, whose brother died - and who then performed Chalitzah among themselves.
(b) Rebbi Akiva (See Tos. Yom-Tov) - declared the Chalitzah valid (See Tiferes Yisrael) ...
(c) His reason was because witnesses on the outside viewed the Chalitzah.
(d) The Halachah however- is like the Tana Kama.
(a) The Mishnah now describes the Chalitzah ceremony. Based on the Pasuk "Vekar'u lo Ziknei Iro Vedibru Eilav", the good advice that the Dayanim give the Yavam when he appear in Beis-Din together with the Yevamah is - that if, age-wise, they are not compatible, then he is better off making Chalitzah (rather than Yibum [See Tos. Yom-Tov]).
(b) It is the Yevamah who opens the proceedings. The first thing she declares is - "My Yavam refuses to perform Yibum with me; he doesn't want to take me!", to which ...
(c) ... the Yavam responds - 'I do not want to 'take' her.
(d) They must both speak in Lashon ha'Kodesh.
(a) The Yevamah then approached the Yavam before the eyes of the Dayanim and did two things ...
1. ... first Chalitzah (removing his shoe), then ...
2. ... then Rekikah (spitting).
(b) The Mishnah rules that the spit - must be visible to the Dayanim.
(c) Next - she declares "So shall be done to the man who refuses to build his brother's 'house'!"
(a) According to the Tana Kama that was all they said. Rebbi Hurk'nus - who was actually performing a Chalitzah ceremony underneath an oak-tree in K'far Eitam, disagrees.
(b) According to him, Beis-Din added the remainder of the Parshah - which constitutes "And his name shall be proclaimed in Yisrael 'the house of the one whose shoe was removed (Beis Chalutz ha'Na'al)!" '.
(c) The Dayanim must say this, and not the Talmidim (See Tos. Yom-Tov).
(a) Rebbi Yehudah rules that all the bystanders - declare 'Chalutz ha'Na'al!' (three times [See Tos. Yom-Tov]).
(b) The Halachah is - like Rebbi Yehudah (See Tos. Yom-Tov).
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