YIBUM AND CHALITZAH
(Mishnah): A Yevamah is acquired through Yibum.
We learn this from "her Yavam will come upon (have Bi'ah with) her and take her for a wife."
Suggestion: All methods of acquiring a wife should acquire a Yevamah!
Rejection (Beraisa) Suggestion: Perhaps money or a document fully acquires a Yevamah, just like Bi'ah!
Rejection: "He will do Yibum to her" - only Bi'ah fully acquires her.
Question: Perhaps "he will do Yibum to her" teaches only that Bi'ah acquires her against her will!
Answer: Had the Torah said only "he will do Yibum", we would learn only that only Bi'ah fully acquires her;
"To her" teaches that Bi'ah acquires her against her will.
(Mishnah): (She acquires herself through) Chalitzah...
We learn from "his name will be called in Yisrael 'the house of the removed shoe'" - once the Yevamah removed his shoe, she is permitted to anyone in Yisrael.
Question: This verse is used to teach something else!
(Rav Shmuel bar Yehudah): "In Yisrael" teaches that the judges on the Beis Din for Chalitzah must have be Yisre'elim, not Nochrim (in Yevamos the text says 'converts').
Answer: Two verses say "in Yisrael."
Question: Also the other verse is needed!
(Beraisa - Rebbi Yehudah): Chalitzah was done in front of R. Tarfon. He told us to say twice "the one whose shoe was removed!"
Answer: That is learned from "his name will be called", not from "in Yisrael".
DEATH OF THE YAVAM
(Mishnah): (She acquires herself through) the death of the Yavam.
We learn this from a Kal va'Chomer. Bi'ah with a married woman is punishable by (death by) choking, yet death of the husband permits her;
A Lav forbids Bi'ah (of a stranger) with a Yevamah. All the more so, death of the Yavam permits her!
Question: We cannot learn from a married woman, for she is permitted through a Get, whereas a Yevamah is not!
Answer: Chalitzah permits a Yevamah just like a Get permits a married woman.
Question: We cannot learn from a married woman, for the one who forbids her (her husband) can permit her (through a Get)!
Answer (Rav Ashi): Also here, the Yavam forbids her, and he can permit her through Chalitzah!
Suggestion: A Kal va'Chomer should teach that Chalitzah permits a married woman.
A Get does not permit a Yevamah, but Chalitzah does. A Get permits a married woman, all the more so Chalitzah should!
Rejection: "A Sefer of cutting" - a Sefer (Get) cuts her from her husband, and nothing else cuts her from him.
Suggestion: A Kal va'Chomer should teach that a Get permits a Yevamah.
Chalitzah does not permit a married woman, but a Get does. Chalitzah permits a Yevamah, all the more so a Get should!
Rejection #1: "Like this (will be done to the Yavam)" - 'like this' is a requisite, there is no alternative (to Chalitzah).
Objection: Sometimes the Torah writes a requisite, yet we expound (other methods from) a Kal va'Chomer!
Regarding Yom Kippur, it says "lottery" and "statute";
(Beraisa): "He will offer it for a Chatas" - the lottery designates one of the goats to be a Chatas, but naming it (calling it a Chatas) does not.
One might have thought to learn a Kal va'Chomer. Naming works where the lottery does not (when one has two birds, and needs to designate which will be the Chatas and which the Olah). All the more so, naming should work (for the goats of Yom Kippur) where the lottery works! The above verse teaches that this is not so.
If not for the verse, we would have learned a Kal va'Chomer, even though it says "statute"!
Rejection #2: "(A Sefer of cutting will be written) for her (a married woman)" - for her, but not for a Yevamah.
Question: Why don't we expound "for her" - it must be Lishmah!
Answer: We do! Two verses say "for her", so we can learn both.
Question: The other verse is needed to teach "for her", but not for two women in one Get!
Rejection #3: "(She will take off his) shoe" - she becomes permitted only through a shoe.
Question: We learn something else from this verse!
(Beraisa) Suggestion: Perhaps "his shoe" teaches that the Yavam must wear his own shoe!
Rejection: The Torah repeats "shoe" to include another man's shoe.
Question: If so, why does it say "his shoe"?
Answer: This teaches that it must be proper for him. This excludes a shoe too big for him to walk in, or too small and does not cover most of his foot, or a shoe without a heel.
Answer: The Torah wrote "the shoe", to teach also our law (that a Get does not permit her).
ACQUISITION OF AN EVED IVRI
(Mishnah): An Eved Ivri can be acquired through money or a document. He acquires his freedom through (finishing his six) years (of service), the Yovel year, or reduced redemption (based on the remaining time he should have served);
An Amah acquires herself in these ways, or through Simanim (signs of becoming a Na'arah, i.e. two hairs after 12 years).
A Nirtza (a slave whose ear was pierced) is acquired through the piercing of the ear. He goes free in Yovel or when the master dies.
(Gemara) Question: What is the source that an Eved Ivri can be acquired through money?
Answer: "(He will be redeemed) from the money of his purchase" teaches that he can be acquired through money.
Question: That refers to a Yisrael who sold himself to a Nochri, for a Nochri always acquires with money. What is the source for a Yisrael who sold himself to a Yisrael?
Answer: "She will be redeemed" teaches that her redemption is reduced (from her purchase price, according to the years she worked) and she goes free.
Question: This applies to an Amah. Since a Bas Yisrael is Mekudeshes with money, she is bought for money (since this may turn into Kidushin);
What is the source for a (male) Eved Ivri?
Answer: "A male or female Eved Ivri" equates them.
Question: That verse refers to a slave sold by Beis Din, since he is sold against his will (to pay for what he stole);
What is the source for one who sells himself?
Answer: A Gezeirah Shavah "Sachir-Sachir" equates one sold by Beis Din to one who sells himself.
Question: There is a Tana that does not learn from this Gezeirah Shavah. What is his source?
Answer: "And when he will attain (money to redeem himself)" equates one who sells himself to a Yisrael (the previous Parshah) with one who sells himself to a Nochri (the coming Parshah).
Just like the latter is acquired with money (above, (e)), also the former.
THE GEZEIRAH SHAVAH
Question: Who is the Tana who does not learn from the Gezeirah Shavah?
Answer #1: It is Chachamim (the first Tana) of the following Beraisa.
(Beraisa): The following apply to one who sells himself to be a slave. He may be sold for six years or longer. He cannot become a Nirtza. He does not receive gifts when he goes free. His master cannot mate him with a Shifchah (Kena'anis slave).
One who is sold by Beis Din may be sold only for six years; he can become a Nirtza; he receives gifts when he goes free; and his master can mate him with a Shifchah.
R. Elazar (some texts - R. Eliezer) says, in either case he may be sold only for six years, he can become a Nirtza, he receives gifts when he goes free, and his master can mate him with a Shifchah.
Suggestion: Chachamim do not learn the Gezeirah Shavah, and R. Elazar does.
Rejection (Rav Tivyomi): No, all learn the Gezeirah Shavah. Chachamim expound verses (in the Parshah of one sold by Beis Din) to override the Gezeirah Shavah regarding these four laws.
Question #1: How do Chachamim learn about the term of sale?
Answer: "He will serve you for six years", but not one who sells himself (he may serve longer).
R. Elazar expounds "he will serve you", but he will not serve your heir.
Chachamim learn this from another verse that says "he served you".
R. Elazar says, the other verse comes to appease the master (you received much work, so do not mind that you must give gifts when the slave leaves).