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YEVAMOS 105

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1)
(a) The Tana of the Beraisa validates a Chalitzah where the Yevamah removed the Yavam's shoe, but did not spit or read the Parashah. In a case where ...
1. ... she spat but neither removed the Yavam's shoe nor read the Parashah - her Chalitzah is Pasul (and forbids her on the brothers).
2. ... read the Parashah, but neither spat not removed his shoe - it is as if she had not done anything.
(b) We prove from the Reisha that the author of this Beraisa cannot be Rebbi Elazar, who considers any act [even that of spitting] to be crucial to the Chalitzah, in which case he would not validate a Chalitzah where spitting was not performed.
(c) Having proved that the author must be Rebbi Akiva, we then go on to prove from the middle section 'Rakekah v'Lo Chaltzah v'Lo Kar'ah, Chalitzasah Pesulah' - that even according to Rebbi Akiva, spitting invalidates the Yevamah from the brothers (not like we assumed earlier), because that is what 'Chalitzasah Pesulah' always implies.
(d) 'Chalitzasah Pesulah' cannot possibly be just taken literally - because it is obvious.

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2)
According to Rebbi Akiva - if we ignore the Yevamah's spitting, bearing in mind that spitting is only performed once, people will think that she actually spat after the Chalitzah, and that we have permitted a Chalutzah to the brothers; whereas reading occurs twice, once before the Chalitzah and once afterwards. Consequently, people will think that what she did was the reading before the Chalitzah, in which case, the brothers remain permitted.

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3)
(a) According to the second version the message that they sent Shmuel's father - once the Yevamah has spat before the Yavam (in the presence of the Dayanim), she does not need to repeat it after the Chalitzah.
(b) Rebbi Ami ruled that a Yevamah who spat before having removed the Yavam's shoe - should then remove the Yavam's shoe, and be sent home.
(c) Rebbi Aba bar Mamal asked Rebbi Ami - why she should not repeat the act of spitting after removing the shoe (in order to perform it in its right place - and it is such an easy thing to do).
(d) Rebbi Ami replied - that it is better not to repeat the spitting, to avoid people thinking that the first spitting was not valid, and they would go on to allow the brothers to perform Yibum with a woman who spat.

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4)
(a) They asked Levi three She'eilos: Whether a woman without hands can perform Chalitzah with her teeth, and whether the Chalitzah is valid if she spat blood. The third She'eilah concerned the Pasuk in Daniel "Aval Agid Lecha es ha'Rashum bi'Ksav Emes", that the angel said to Daniel - with reference to Hashem's decrees. This seems strange, they asked Levi - inasmuch as it suggests that there is such a thing as a Divine decree that is not Emes.
(b) Levi did not have the answers to the questions. With regard to the first two, they told him in the Beis-ha'Medrash - that the Torah does not say anything about performing Chalitzah specifically with the hands, or about spitting specifically spit.
(c) With regard to the third question, they defined a Ksav that is Emes - as one that is accompanied by an oath (and that nothing can change), and one that is not Emes - as one that is not accompanied by an oath (which can therefore be changed by doing Teshuvah).
(d) Rav Shmuel bar Ami Amar Rebbi Yonasan interprets the Pasuk in Shmuel "Lachen Nishba'ti l'Veis Eli, Im Yiskaper Avon Beis Eli b'Zevach uv'Minchah Ad Olam" to mean - that, once a decree is accompanied by an oath, no atonement is possible.

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5)
(a) Rabah and Abaye were both descendants of Eli ha'Kohen - all of whose descendents were destined to die by the age of twenty.
(b) Rabah lived till the age of forty - because he studied Torah diligently; and Abaye lived until sixty - because he studied Torah diligently and excelled in Gemilus Chasadim.

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6)
(a) A certain family in Yerushalayim became known as Mishpachas Yochanan - because, as descendants of Eli ha'Kohen, they used to die at the age of eighteen; until Rebbi Yochanan ben Zakai advised them to study Torah, and they survived.
(b) Rav Shmuel bar Unya Amar Rav extrapolates from the Pasuk "Mi k'Hashem Elokeinu b'Chol Kor'einu Elav" - that Hash-m always answers our Tefilos.
(c) We reconcile this with the Pasuk "Dirshu Hash-m b'Himatz'o" - by establishing the former Pasuk by a Tzibur and the latter by a Yachid ...
(d) ... whose prayers, Rav Nachman Amar Rabah bar Avuha explains, are only sure to be answered during the Aseres Yemei Teshuvah.

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7)
(a) They sent a message to Shmuel's father that a Yevamah who spat blood should go ahead and perform the rest of the Chalitzah ceremony - because it is impossible for blood that emerges from one's mouth not to contain spit.
(b) The Tana of the Beraisa learns from the Pasuk "Zovo Tamei ... " - that the Zivus that emerges from its source or the spit that comes out of the mouth is Tamei, but not the blood that emerges from either location.
(c) We reconcile the current ruling with this Beraisa - by establishing the Beraisa by blood that flows out by itself, and Shmuel's father by blood that the Yevamah sucked up, before spitting it out.

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8)
(a) Rav Yehudah Amar Rav establishes the author of our Mishnah, which declares the Chalitzah of a Katan, Pasul, as Rebbi Meir (in 'ha'Ishah Rabah') - who compares the Chalitzah of a nine-year old Katan to the Get of a Gadol.
(b) He establishes the Seifa too, which invalidates the Chalitzah of a Ketanah, like Rebbi Meir - who learns a Hekesh between "Yevamah" and "Ish", which are both written in the same Pasuk.
(c) The Chachamim will say ...
1. ... in the Reisha - that the Chalitzah of a Katan is totally ineffective.
2. ... in the Seifa - that the Chalitzah of a Ketanah is valid.
(d) The Chachamim is - Rebbi Yosi (as we shall now prove).

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9)
(a) Rebbi Chiya and Rebbi Shimon b'Rebbi were engaged in a dispute, when Rebbi Yishmael b'Rebbi Yosi entered the Beis-ha'Medrash. One of them learned from the Pasuk in Melachim "v'Hayu Einai v'Libi Sham Kol ha'Yamim", that the eyes of someone who Davens should be directed downwards - meaning towards the Beis Hamikdash (shel Matah) ...
(b) ... because that is where the Shechinah is situated (see Agados Maharsha).
(c) The other one learned from the Pasuk "Nisa Levaveinu el Kapayim" - that one should lift them heavenwards (perhaps he meant towards the Beis-Hamikdash shel Ma'alah.
(d) Rebbi Yishmael b'Rebbi Yosi reconciled the two Pesukim - by establishing the first Pasuk with regard to one's eyes, and the second Pasuk, with regard to one's heart (Ibid.).
(e) When Avdan, a Talmid of Rebbi, asked who it was who was walking over the heads of the holy people - he was referring to Rebbi Yishmael b'Rebbi Yosi, who, being very portly, had difficulty getting to his place when Rebbi, the Nasi, entered to give the Derashah. So he was forced to climb over the other Talmidim's heads.

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10)
(a) When Rebbi Yishmael b'Rebbi Yosi replied that it was he who had come to study Torah under Rebbi - Avdan asked whether he was worthy of such a privilege.
(b) And when Avdan asked him whether he was worthy of studying Torah under Rebbi - Rebbi Yishmael b'Rebbi Yosi asked him back whether Moshe was worthy of studying Torah under Hash-m.
(c) And when Avdan asked him whether he was Moshe - he asked back whether Rebbi was Hash-m.
(d) Rebbi receive his due for not objecting when Rebbi Yishmael compared him to Hash-m - inasmuch as Rebbi Yishmael b'Rebbi Yosi referred to him as 'Rabach' (your [Avdan's] Rebbe, and not his own. Indeed, it was immediately proven that Rebbi was not his superior - Agados Maharsha).

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11)
(a) Rebbi Yishmael b'Rebbi Yosi replied ...
1. ... when Rebbi asked Avdan to examine whether the Yevamah who came before them was a Gedolah or a Ketanah - that this was not necessary, since his father permitted a Ketanah to perform Chalitzah (as we learned earlier).
2. ... to Avdan when, after Rebbi recalled him, he too, stepped over the heads of the holy people - that, someone whom the people needed was permitted to step over the heads of the people, but not someone whom they did not.
(b) Rebbi order Avdan to remain where he was (i.e. his reply was no longer needed - because 'the elder [Rebbi Yosi] had already issued a ruling'.
(c) After Rebbi ordered Avdan to remain where he was, he was stricken with Tzara'as - because he had spoken Lashon ha'Ra about Rebbi Yishmael b'Rebbi Yosi (and the punishment for Lashon ha'Ra is Tzara'as).
(d) His two sons drowned and his two daughters-in-law made Mi'un (with his two remaining sons [see Agados Maharsha]).
(e) Rav Nachman bar Yitzchak commenting on Avdan's harsh punishments, declared - 'Blessed be Hash-m, who punished Avdan in this world rather than in the next.

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12)
(a) Rav Ami explains that, according to Rebbi Yosi, a Ketanah may perform Chalitzah 'b'Peutos' - meaning from the age of six or seven (the age from which one's business transactions, with regard to movable property, is valid [in other words, the minimum age for decision-making]).
(b) Rava is not so lenient. He explains Rebbi Yosi - to mean from the age of eleven, the age that her Nedarim are valid should she be particularly smart.
(c) The Halachah however - is like Rebbi Meir, that the Chalitzah of a Ketanah is invalid.

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13)
Rav Yosef bar Minyumi Amar Rav Nachman rules not like Rebbi Shimon and Rebbi Yochanan ha'Sandlar (who permit Chalitzah with two Dayanim, but like the Tana Kama of our Mishnah who requires three). Despite the fact that he has already issued the ruling...
1. ... that Chalitzah requires three Dayanim, he nevertheless needs this second ruling - to teach us that he disqualifies Chalitzah with two Dayanim even b'Di'eved.
2. ... not like that pair, he nevertheless needs to rule that Chalitzah requires three Dayanim - to teach us that he does not concur with those that require five.

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14)
(a) We learned earlier that Rebbi Akiva validated the Chalitzah of the Yavam and the Yevamah who performed Chalitzah in jail without any Dayanim. He knew that Chalitzah was performed, says Rav Yehudah Amar Rav - via two witnesses who watched it taking place from outside the jail.
(b) We ask whether the Chalitzah took place elsewhere and R. Akiva was in jail, or whether the Chalitzah took place in jail too.
(c) Rav Yehudah Amar Rav states - that the Chalitzah took place in jail too.

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