prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) The Tana Kama, discussing a woman who accompanies her husband overseas and who returns with the news that her husband is dead, permits her to remarry on two conditions. One of them is that she and her husband left on good terms. What is the other?
(b) The reason for the first condition is out of concern that she may otherwise hate him, and simply be trying to render herself forbidden to him. Why, if there is peace in the world, are we not afraid that she is lying?
(c) One reason that we do not believe her when there is no peace in the world is because she may simply assume that, since her husband took so long in returning, he must have been killed by robbers. What is the other?
(d) What if one of the above conditions is missing?
(e) What does the Tana say about the woman's making Yibum, when it is relevant?
(a) How does Rebbi Yehudah qualifythe Tana Kama's ruling?
(b) On what grounds does the Tana Kama disagree with him?
(c) Like whom is the Halachah?
(a) Initially, Beis Hillel ruled that the woman is only believed on three conditions (to conform with the episode that prompted the Chachamim to believe her). Which episode?
(b) Consequently, said Beis Hillel, they only believed a woman who returned from the harvesting and claimed that her husband had been killed by a snake-bite. What was the third condition?
(c) What did Beis Shamai say about having to come from ...
1. ... the harvest?
2. ... close by?
(d) Then why did the Chachamim quote the episode when issuing the ruling?
(e) On what grounds is the Halachah like Beis Shamai?
(a) Beis Shamai permit the woman, not only to get married, but also to receive her Kesubah. What do Beis Hillel initially say?
(b) What argument, based on a Kal va'Chomer, did Beis Shamai present to prove their point?
(c) Beis Hillel counter that the deceased man's brothers do not receive his inheritance either. Why is that?
(d) Beis Shamai's conclusive proof lies in the wording of the woman's Kesubah. What is written there that proves their point?
(e) Why is the Halachah like Beis Shamai?
(a) What will be the Din if it is not the woman herself who testifies that her husband has died but another single witness?
(b) The Mishnah lists five exceptions to this ruling. What do they all have in common? Why are they not believed?
(c) What are we therefore afraid of?
(a) If her mother-in-law hates her because in her heart she thinks that her daughter-in-law 'eats up all her hard work', why does her sister-in-law' (her husband's sistes) hate her?
(b) If It is obvious why her 'Tzarah' (her rival wife) is not believed, why is her 'Yevamah (the wife of her husband's brother) not believed?
(c) Who is the last of the five people who are not believed to testify that her husband died?
(d) Bearing in mind that the witnesses who bring a woman her Get from overseas needs to testify in Beis-Din (that the Get was written and signed in front of him), why are these same women believed to bring the same woman her Get from overseas?
(a) What does the Tana say about a case where one witness testifies that the woman's died, and after she remarries, a second witness testifies that he is still alive?
(b) How do we qualify his statement?
(c) Then why does the Mishnah say 'Lo Teitzei'?
(a) What does the Tana say in a case where, after ....
1.... one witness testifies that a man has dies, two witnesses come and testify that he is still alive?
2.... two witnesses testify that her husband has died, two witnesses come and testify that he is still alive?
(b) What exactly does 'two witnesses' mean in both of these last cases?
(c) What dual Limud is the Mishnah now coming to teach us?
(a) What if two Tzaros arrive from overseas, one of whom claims that their husband has died, and the other, that he hasn't?
(b) In the event that one of the wives claims that he died, and the other, that he was killed, Rebbi Meir forbids them both to remarry, seeing as, when all's said and done, their testimonies contradict one another. On what grounds hat do Rebbi Yehudah and Rebbi Shimon disagree?
(c) Like whom is the Halachah?
(d) What does the Tana finally say in a case where ...
1.... one witness testifies that a man died, and another witness testifies that he is still alive?
2.... one woman testifies that a man died, and another woman (See Tos. Yom-Tov) testifies that he is still alive?
(a) In a case where a woman returns from a trip with her husband overseas and draw between the woman and her Tzarah with regard to marrying and receiving their Kesuvos?
(b) in the event that he is a Kohen, on what grounds does Rebbi Tarfon permit her Tzarah to continue eating T'rumah?
(c) What does Rebbi Akiva say?
(d) Like whom is the Halachah?
(a) What does the Mishnah say about a case where a woman claims that first her husband died and then her father-in-law?
(b) Why is her mother-in-law not permitted to remarry?
(c) Why might we have thought that in this case, she is?
(a) What do Rebbi Tarfon and Rebbi Akiva respectively say about her mother-in-law continuing to eat T'rumah, assuming she is a bas Yisrael who is married to a Kohen?
(b) Like whom is the Halachah?
(c) The same Tana'im argue over a case where a man cannot remember which one of five women he betrothed, and where each of the women claims that she is the betrothed. What simple option does he have to escape the dilemma?
(a) Should he not want to marry all five of them, how many Gitin is he obligated to give?
(b) According to Rebbi Tarfon, he places one Kesubah before all five leaving them to fight out who takes it. What does Rebbi Akiva say?
(c) What do the same Tana'im say in a case where five people claim from someone who admits that he stole from one of them, but cannot remember from which one?
(d) Like whom is the Halachah in these last two cases?
(a) In a case where a woman goes overseas with her husband and their son, and she returns and testifies that both her husband and her son died, what difference will it make as to which one died first?
(b) What does the Tana now rule assuming she claimed that it was ...
1. ... her husband died first and then her son?
2. ... her son who died first?
(c) What is she now obligated to do?
(d) Seeing as she is not believed in the latter case, why is she believed in the former?
(a) What does the Mishnah say in a case where a woman testifies that she gave birth to a son overseas and that first ...
1. ... her son died and then her husband?
2. ... her husband died and then her son?
(b) What is the reason for ...
1. ... the earlier ruling?
2. ... the latter ruling?
(c) Then why is she obligated to make Chalitzah and not Yibum?
(a) What does the Tana rule in a case where, after a woman testifies that her mother-in-law gave birth to a son (a brother to her husband) overseas, she claims that ...
1. ... her Yavam and then her husband died?
2. ... her husband and then her Yavam died?
(b) Why is that?
(c) On what principle is this ruling based?
(a) We have already learned why a woman who accompanies her husband and her brother-in-law overseas, then comes and testifies that they died (irrespective in which order), is not believed. What does the Tana say about a woman who claims that her sister died, in order to make Yibum with her husband?
(b) And what does the Mishnah say about a man who claims that ...
1. ... his brother died, in order to perform Yibum with his wife?
2. ... his wife died, in order to marry her sister?