Previous Daf

YEVAMOS 9

Ask A Question

click for question
1)
(a) To ascertain what Rebbi learns from "Alehah" we cite a Mishnah in Horayos, which discusses the category of sin for which one brings a Par He'elam Davar and a bull for an Olah and a goat for a Chatas. A Par ...
1. ... He'elam Davar is brought - both the Tzibur (i.e. the Sanhedrin) and by the Mashi'ach (i.e. the Kohen Gadol).
2. ... for an Olah and a Sa'ir for a Chatas is brought - by the Sanhedrin for the sin of Avodah-Zarah ...
(b) ... provided it is one which carries a Chiyuv Kares b'Meizid and Chatas, b'Shogeg.
(c) Another Mishnah there requires - a Yachid, a Nasi, a Kohen Gadol and Beis-Din to bring a Chatas if it carries a Chiyuv Kares b'Meizid.
(d) A ...
1. ... Yachid brings - a Kisbah or a Se'eirah ...
2. ... a Kohen Gadol - a Sa'ir; whereas ...
3. ... a Yachid, a Nasi and a Kohen Gadol who transgressed the sin of Avodah Zarah b'Shogeg - bring a Se'irah.

click for question
2)
(a) Rebbi learns from the 'Gezeirah-Shavah' "v'Nod'ah ha'Chatas Asher Chat'u Alehah", "Alehah" (by Achos Ishto) - that just as the latter speaks in a case for which one is Chayav Kares b'Mezid (and whose Shogeg is Chayav Chatas - see Tosfos DH 'Mah'), so too, the former case, which comes to be Mechayev Chatas, speaks in a case where one is Chayav Kares b'Meizid.
(b) The Pasuk "v'Nod'ah ha'Chatas Asher Chat'u Alehah" refers to the Sanhedrin. We learn Kohen Mashi'ach from "l'Ashmas ha'Am" (which compares the Kohen Mashi'ach to the Tzibur) - and Yachid and Nasi from a 'Gezeirah-Shavah' "Mitzvos" (which is written by both of them) from "Mitzvos" by the Tzibur.
(c) We learn Tzibur by Avodas Kochavim from the 'Gezeirah-Shavah' "me'Einei"(Shelach Lecha) "me'Einei" (from Par He'elam Davar of other Aveiros) - and Yachid, Nasi and Kohen Mashi'ach from "v'Im Nefesh Achas Techeta ... ", because the 'Vav' connects the latter Parashah to the former one (of Tzibur), and "Nefesh Achas" incorporates all three.

click for question
3)
(a) These Derashos are confined to Rebbi, who does not need "Alehah" to preclude Achos Ishto from Yibum. The Rabanan however, who do, learn Zedono Kares v'Shigegaso Chatas like Rebbi Yehoshua, who quoted to his son, the Pasuk "Torah Achas Yiheyeh Lachem la'Oseh bi'Shegagah ... v'ha'Nefesh Asher Ta'aseh b'Yad Ramah" - which compares the rest of the Torah (vis-a-vis the bringing of a Chatas) to the sin of Avodah-Zarah (about which the latter Pasuk speaks) which is Chayav Kares (see Tosfos DH 'Mah').
(b) This covers Yachid, Kohen Mashi'ach and Nasi both as regards Avodas Kochavim and as regards other Aveiros. From ...
1. ... "v'Im Nefesh" - the Rabanan learn Tzibur by Avodas-Kochavim ...
2. ... and from "me'Einei" me'Einei" - Tzibur by other Mitzvos.
(c) And Rebbi learns from the Hekesh "Torah Achas Yiheyeh Lachem la'Oseh bi'Shegagah ... veha'Nefesh Asher Ta'aseh b'Yad Ramah" - that if all the residents of a town serve Avodah-Zarah b'Shogeg, they have the Din of Yechidim, each of whom must bring a she-goat.

click for question
4)
(a) Rebbi needs to make the previous Derashah in order to avoid learning Shogeg from Meizid, which differentiates between individuals who serve Avodah-Zarah and an entire town. The difference between them regarding ...
1. ... the punishment - is that the former are sentenced to Sekilah, the latter, to Sereifah.
2. ... their property - is that what belongs to the former is spared, whereas what belongs to the latter is destroyed.
(b) An entire town who serve Avodah-Zarah bring a she-goat - and it is only the whole of (or the majority of) Yisrael that constitutes a Tzibur, who bring a Par l'Olah and a Sa'ir l'Chatas.
(c) Rebbi Chilkiyah from Hagrunyah asks how we could even think that, if not for "Torah Achas ... ", an entire town brings a Korban that is different than a Yachid - seeing as each possible Korban is brought by someone else: a bull is brought by a Tzibur in the case of other sins, a she-lamb or a she-goat, by a Yachid in the case of other sins, a he-goat, by a Nasi in the case of other sins, and a bull for an Olah and a goat for a Chatas, by the Tzibur in the case of Avodas-Kochavim.
(d) One answer is for them to bring a lamb for an Olah and a bull for a Chatas (the opposite of a Tzibur) Alternatively, what we mean is - that, if not for "Torah Achas ... ", the residents of the city that served Avodas-Kochavim would need to bring a Korban, but would not be able to (because there is no Korban for them to bring).

click for question
5)
(a) When Levi asked Rebbi why the Tana lists only fifteen Arayos in our Mishnah, and not sixteen, he had in mind to ask - why the Tana precludes his mother who was not married to his father, but who was raped by him.
(b) Rebbi rejected Levi's query however, because it cannot go like Rebbi Yehudah, according to whom - his brother could not marry his mother in the first place, because in his opinion, a man is forbidden to marry a woman whom his father raped (as we learned earlier, and the Tana in Yevamos does not include any case that involves a Machlokes.

click for question
6)
(a) We query the previous answer however, from ...
1. ... Isur Mitzvah (Sheni'os la'Arayos - which will be discussed there) and ...
2. ... Isur Kedushah (Chayvei Lavin, such as a Mamzeres or a Nesinah) over which Rebbi Akiva and the Chachamim argue in Perek Keitzad.
(b) As we learned in our Mishnah, the Yavam performs neither Yibum nor Chalitzah in the fifteen cases listed there. The Chachamim of Rebbi Akiva say however - require Chalitzah with an Isur Mitzvah and an Isur Kedushah.
(c) According to Rebbi Akiva in Perek ha'Choletz, one performs neither Yibum nor Chalitzah with either of them. When Rebbi says that the Tana in Yevamos never deals with cases that involve Machlokes - he is referring to the first Perek exclusively.

click for question
7)
(a) In spite of the fact that Tana does not include any case that involves a Machlokes, the Mishnah later in this Perek discusses the Machlokes between Beis Shamai and Beis Hillel concerning whether the Tzaros are permitted to the other brothers or not - because of the principle 'Beis Shamai b'Makom Beis Hillel, Lav Mishnah Hi'.
(b) And the Tana nevertheless inserts Eishes Achiv she'Lo Hayah b'Olamo, with which Rebbi Shimon disagrees (and requires Chalitzah) - because the dispute is confined to a case where the brother was born after the second brother had already performed Yibum (in which case the Yevamah was never actually forbidden to him), but in a case where she was actually a Yevamah when he was born, Rebbi Shimon agrees that he is Patur from Chalitzah (and that is the case referred to in our Mishnah).
(c) Rebbi Oshaya does indeed maintain that Rebbi Shimon argues with the Chachamim in the latter case too - but he is proved wrong.

click for question
8)
(a) The Mishnah in Perek Arba'ah Achin rules that if the two out of four brothers who were married to two sisters both died, the two remaining brothers are Patur from Yibum and Chalitzah - because each one is Achos Zekukaso, which Chazal forbade because of its similarity to Achos Ishto b'Chayehah.
(b) If one of the sisters is an Ervah to one of the brothers (e.g. his mother-in-law or daughter-in-law) ...
1. ... - he may perform either Yibum or Chalitzah with her sister (because she is not Achos Zekukaso) ...
2. ... - whereas his brother may perform neither.
(c) When Rav Yehudah Amar Rav and Rebbi Chiya quoting a Beraisa, say 'be'Chulan Ani Korei Bahen ha'Asurah la'Zeh Muteres la'Zeh' - they mean that what we just said (that in the case of the two sisters, the one that is forbidden to the one brother, is permitted to the other) cuts right through our Mishnah, and applies to all fifteen cases.

click for question
9)
(a) 'ha'Asurah la'Zeh Muteres la'Zeh' by Bito is only possible by Bito me'Anusaso, but not by Bito me'Ishto - because if Reuven married and had a daughter, there is no way for Shimon to have a daughter from Reuven's wife who is a maternal sister with Reuven's daughter, since he is not allowed to marry his brother's divorcee.
(b) The case would therefore be - if Reuven raped a woman from whom a daughter was born, and Shimon then raped the same woman and he too, had a daughter from her. Then Levi and Yehudah (Reuven and Shimon's brothers) married the daughters and died, in which case, Reuven's daughter is permitted to Shimon and Shimon's, to Reuven.
(c) And when Rav Yehudah Amar Rav and Rebbi Chiya quoting a Beraisa say 'va'Achosah she'Hi Yevimtah Choletzes O Misyabemes - they mean that, although the two women are sisters, they are not forbidden even from performing Yibum, because of Achos Zekukuso.

click for question
10)
(a) Rav Yehudah disagrees with Rav. He confines 'ha'Asurah la'Zeh Muteres la'Zeh' to the cases in our Mishnah from Chamoso and onwards, but not to ...
1. ... Bito - because, as we just explained, it applies only to Bito me'Anusaso, and the Tana is not dealing with cases of Ones.
2. ... to the next five cases (that evolve from Bito) in the Mishnah - because they are all branches of Bito (even though, in reality, the statement will in fact, apply to them).
(b) Abaye disagrees with Rav Yehudah (and applies it to the first six cases, too) - because, seeing as it is applicable to Bito me'Anusaso, what difference does it make that does not apply to Bito me'Ishto?
(c) Abaye agrees however, that we cannot apply Rav and Rebbi Chiya's rule to Eishes Achiv she'Lo Hayah b'Olamo - because it is only according to Rebbi Shimon that it is possible for the Eishes Achiv of one brother who was born after the death of his brother to be permitted to another brother who was born later, but not according to the Rabanan.
(d) Rav Safra applies it also to Eishes Achiv she'Lo Hayah b'Olamo (like Rav Yehudah Amar Rav and Rebbi Chiya, who say 'b'Chulan ... '), when there are six brothers. Based on the Siman 'Mes, Nolad v'Yibem, Mes Nolad v'Yibem', the case is when Reuven and Shimon married two sisters. Reuven died and before Shimon, Levi or Yehudah made a move, Yisachar, a new brother, was born. Reuven's Yevamah is forbidden to Yisachar when he grows up, even according to Rebbi Shimon. Levi then performed Yibum, following which Shimon died and his wife became a Yevamah. When Zevulun (a new brother) is subsequently born, Shimon's wife is forbidden to him, but permitted to Yisachar. Finally, Yehudah performs Yibum with Shimon's wife, after which both he and Levi die. It has already been established that the Yevamah of Levi (originally Reuven's wife) who is forbidden to Yisachar, is permitted to Zevulun; whereas the Yevamah of Yehudah, who is forbidden to Zevulun, is permitted to Yisachar.

Next Daf