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YEVAMOS 112

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12th CYCLE DEDICATIONS
 
YEVAMOS 112 - Dedicated by Yitzchak Chaim David Cohen of Manchester in honor of his parents, Mr. and Mrs. Shlomo Cohen, may they be blessed with Arichus Yamim v'Shanim, good health and Nachas.

SUMMARY

If, after thirty days, the Yevamah says that they did Bi'ah and the Yavam denies it, a Get is sufficient and no Chalitzah is required.
 
If, after thirty days, the Yevamah says that they did not do Bi'ah, and the Yavam first says that they did and then he changes his mind, both a Get and Chalitzah are required. ( 1)
 
If, after thirty days, the Yevamah claims that they did not do Bi'ah, she must do Chalitzah but the Tzarah is permitted without Chalitzah. (2)
 
At first, the Chachamim said that three women receive a Get and a Kesuvah, but later the Chachamim changed the Din. (3)
 
If the wife of a Kohen says that she was raped, she is not believed unless she proves it. (4)
 
If a woman claims that her husband does not have normal relations with her, we request that the husband treat her properly.
 
If a woman vows that she will not have intimate relations, her husband shall annul the part of the vow that concerns him.
 
Rav: If a woman vows that she will not have intimate relations, the vow does not prohibit her to the Yavam. Shmuel: The vow prohibits her to the Yavam. (5)
 
If a deaf mute gets married to an ordinary woman, he may divorce her with a Get. (6)
 
A woman can be divorced against her will, but the husband cannot be forced to divorce.
 
A deaf mute who was married off by her father can be divorced with a Get.
 
The wife of an insane person or a Katan is exempt from Chalitzah or Yibum.
 
The Rabanan instituted marriage with a Ketanah who is an orphan so that people will not take advantage of her.

A BIT MORE

1. A Get is required, because after thirty days we do not believe the Yevamah that they did not do Bi'ah, even though the Yavam at the end agreed with her. Chalitzah is required because she claims that they did not do Bi'ah, and she thereby has made herself forbidden to him by way of "Shavyah a'Nafshah Chatichah d'Isura.".
 
2. The Yevamah requires Chalitzah because of "Shavyah a'Nafshah Chatichah d'Isura." The Tzarah is permitted because there is a Chazakah that when a person gets married, he does Bi'ah immediately.
 
3. These three women are: the wife of a Kohen who says that she was raped, a woman who claims that her husband does not have normal relations with her, and a woman who vowed that she will not have relations.
 
4. She is not believed because we suspect that she has her eyes on another man.
 
5. According to Rav, since the Yavam will always be an Ervah to her unless her husband dies without children, she does not have the Yavam in mind with her vow.
 
6. Since the marriage was only mid'Rabanan, the Get is valid mid'Rabanan.

BRIEF INSIGHT

THE HETER OF THE TZARAH
 
If, after thirty days, the Yevamah claims that they did not do Bi'ah, she requires Chalitzah but the Tzarah is permitted without Chalitzah. Rashi says that the Tzarah is permitted because there is a Chazakah that when a person gets married, he has Bi'ah immediately, and thus the Yevamah is believed only regarding herself, but not regarding the Tzarah. Even if both the Yavam and the Yevamah say that they did not do Bi'ah, even so they are not believed regarding the Tzarah because the Chazakah dictates that they had Bi'ah immediately. However, if within thirty days the Yavam claims that they did not do Bi'ah, the Chazakah would not apply and the Tzarah would be forbidden even if the Yevamah claims that they did do Bi'ah. (This is the Rosh's understanding of Rashi.)

QUICK HALACHAH

A WOMAN WHO CLAIMS THAT SHE WAS MEZANAH
 
If there are no witnesses that a woman was Mezanah, even though she claims that she was, she is not believed, because perhaps she has her eyes on another man. However, if there are grounds to believe her, then she is believed. Even though the woman is not believed, she loses her Kesuvah. If she changes her story with a good excuse, she does not lose her Kesuvah. (Shulchan Aruch EH 115:6)

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