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|YEVAMOS 10 (20 Tishrei) - Dedicated by Al and Sophia Ziegler of Har Nof, Jerusalem, and their son Jared, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit, and towards her grandson Jared's continued growth in Torah and Yir'as Shamayim.|
It is impossible to have a scenario in which two sisters fall to Yibum from two brothers, and one of the sisters is prohibited to a surviving brother with the Ervah of Imo Anusas Av, while the other sister is permitted. (1)
The Mishnah is in accordance with the view of Rebbi Yehudah, who rules that a woman who had an illicit relationship with a man is prohibited to the brothers. (2)
The Mishnah does not include the Ervah of Imo Anusas Av because, according, to Rebbi Yehudah, it is applicable only in a case in which the brothers transgressed the prohibition and married her, or the father had an illicit relationship with her while she was married to the brothers. (3)
Levi includes the Ervah of Imo Anusas Av in his version of the Mishnah.
The Mishnah does not include the Ervah of a Chalutzah who married the brother who did Chalitzah, because the case of a Tzaras Tzarah is not possible in that case; the Tzaros are equally prohibited to all of the brothers. (4)
Reish Lakish: A Chalutzah and her Tzaros are an Ervah to all of the brothers, with the exception of the Chalutzah to the brother who did the Chalitzah. Rebbi Yochanan: A Chalutzah and the Tzaros are only an Isur Lav.
Rebbi Yochanan says that the brother who did the Chalitzah is the agent of all of the brothers, and the Yevamah is the agent of all of the Tzaros.
A BIT MORE
1. This is because if one sister is the Ervah of Imo Anusas Av, the other sister is an aunt and would also be prohibited.
2. The next Mishnah lists separately the wife of a father, and a mother. The latter refers to a mother who was never the wife of the father, and the Mishnah says that she is prohibited to the brothers.
3. The Mishnah does not include cases that are possible only through the transgression of a prohibition.
4. This applies only according to Reish Lakish, who rules that a Chalutzah is an Ervah to all of the brothers with the exception of the brother who did the Chalitzah. According to Rebbi Yochanan, no reason needs to be given for why the Mishnah does not include a case of Chalitzah, since he rules that a Chalutzah is not an Ervah and is only an Isur Lav.
THE NATURE OF THE PROHIBITION OF A CHALUTZAH
Reish Lakish: A Chalutzah is an Ervah to all of the brothers, with the exception of the brother who did the Chalitzah. Rebbi Yochanan: The brother who did the Chalitzah is the agent of all of the brothers, and the Yevamah is the agent of all of the Tzaros. Rashi explains that according to Rebbi Yochanan, the Lav of Lo Yibaneh applies equally to all of the brothers. The implication of Rashi is that there is an Isur Lav for all of the brothers to marry the Chalutzah. Indeed, the Ramban in Sefer ha'Mitzvos states so explicitly. However, the Rambam writes that the Chalutzah is not prohibited by the Torah to the brothers; she is prohibited only mid'Rabanan. The Magid Mishneh explains that although Rebbi Yochanan in the Gemara says explicitly that the Chalutzah is an Isur Lav, the Rambam understands that the verse of Lo Yibaneh is only an Asmachta and there is no Torah prohibition for a Chalutzah, according to Rebbi Yochanan.
THE PROHIBITION OF THE CHALUTZAH TO THE BROTHERS
Once one of the brothers performs Chalitzah with the Yevamah, the Chalutzah and the Tzaros are prohibited to that brother and to the other brothers with an Aseh. (Shulchan Aruch EH 162:2)
Tosfos and the Ramban write that the Chalutzah is an Isur Lav derived from an Aseh. The Tur and Shulchan Aruch write that it is an Isur Aseh. Their opinion is perplexing, because it is not clear what Aseh applies to a Chalutzah. (Beis Shmuel)
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