REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
YEVAMOS 30

Ask A
Question

12th CYCLE DEDICATIONS
 
YEVAMOS 30 (16 Sivan) - This Daf has been dedicated l'Zecher Nishmas Reb Avrohom ben Reb Shmuel Teichman by his son Mr. Shmuel Teichman, by Mrs. Leah Teichman, by Mrs. Tzipora Lieber, by Mrs. Amy Kornfeld and by Mr. Berish Teichman.

SUMMARY

Two brothers are married to two sisters and a third brother is married to a non-relative. If one of the two brothers dies and the third brother does Yibum with his wife and then he also dies, his wives are exempt from Yibum and Chalitzah. (1)
 
If the third brother did Ma'amar and then died before he had a chance to do Yibum, the second brother must do Chalitzah but not Yibum with the wife who is a non-relative. (2)
 
Two brothers were married to two sisters, and a third brother was married to a non-relative. The third brother died, and the second brother did Yibum with his wife. He then died. His wives are exempt from Chalitzah. If the second brother did Ma'amar and then died, the wife who is a non-relative requires Chalitzah from the first brother, but he may not do Yibum.
 
Two brothers were married to two sisters, and a third brother was married to a non-relative. The first brother died, and the third brother did Yibum with his wife. The wife of the second brother subsequently died. If the third brother dies without children, his wives are exempt from Chalitzah and Yibum. (3)
 
Rebbi Yehudah says in the name of Rav that any Yevamah who is prohibited at the time she falls to Yibum is regarded as the Ervah of Eshes Ach and remains forbidden forever. This prohibition applies even if she falls to Yibum to more than one brother, and right after she falls to Yibum she is no longer an Ervah.
 
Two brothers were married to two sisters, and a third brother was married to a non-relative. The second brother divorced his wife, and then the third brother died, and the second brother did Yibum with his wife and subsequently died. The first brother may do Chalitzah or Yibum with the wife of the second brother.
 
Rav Ashi says that if two brothers were married to two sisters and a third brother was married to a non-relative, and the third brother died before the second brother divorced his wife, and the second brother did Yibum with the Yevamah, when the second brother dies she is prohibited to the first brother. Rav Ashi maintains "Yesh Zikah" even when the Yevamah falls to two brothers.
 
Rav Nachman maintains "Ein Zikah," and therefore even if the second brother divorced his wife after the death of the third brother the Yevamah is permitted. The only time the Yevamah would not be permitted to the first brother is when the second brother did not divorce his wife until after he did Yibum with the Yevamah.
 
If a person performs Kidushin with one of the 15 Arayos and there is a doubt about whether it is a valid Kidushin or not, or if he divorces her with a Get that is invalid mid'Rabanan, if he dies without children the Tzarah requires Chalitzah but may not do Yibum.
 
If a person is married to one of the 15 Arayos and he divorces her with a Safek Get, the Tzarah does not require Chalitzah. (4)

A BIT MORE

1. The wife with whom he did Yibum is a sister-in-law of the second brother. Therefore, she is an Ervah and is exempt from Yibum along with the Tzarah.
 
2. However, if he did not do Ma'amar, then the second brother may do Yibum with the wife who is a non-relative, because this Mishnah maintains "Ein Zikah" even when there is only one Yavam, according to Rav Nachman. Rav Ashi later disagrees and says that even if he did not do Ma'amar, the second brother may not do Yibum, because Rav Ashi maintains the Mishnah maintains "Yesh Zikah."
 
3. Even though, at the time the third brother died and his former sister-in-law fell to him for Yibum, his wife had already died and thus his former sister-in-law was no longer an Ervah to him, at the time the first brother died his wife was still alive and at that time she was an Ervah to him. Once a Yevamah is forbidden even for one moment, she remains forbidden forever.
 
4. The reason is that the Tzarah has a Chazakah that she is permitted to remarry without Chalitzah because she is the Tzarah of an Ervah, and now there is a Safek about whether the Ervah has been divorced or not. A Safek cannot take a woman out of her Chazakah.

BRIEF INSIGHT

THE TZARAH OF A YEVAMAH WHO IS MOMENTARILY PROHIBITED
 
The Mishnah discusses a case in which two brothers were married to two sisters and a third brother was married to a non-relative, and one of the first two brothers died and the third brother did Yibum, and subsequently the wife of the second brother died. If the third brother dies without children, his wives are exempt from Chalitzah and Yibum. The Gemara explains that the reason why the Yevamah is exempt from Chalitzah is that once a Yevamah is forbidden even for one moment, she remains forbidden forever. The Rambam in his commentary on the Mishnah is in doubt about whether the Tzarah of the Yevamah has the status of a Tzarah of an Ervah and is also exempt, or whether the prohibition of Yibum with a Yevamah who was prohibited for one moment is mid'Rabanan in nature and thus the Tzarah requires Chalitzah. The Rambam concludes that her status is a Safek and thus she requires Chalitzah. The Netziv asks that if the prohibition of Yibum with the Yevamah in such a case is only mid'Rabanan, then the Yevamah herself should require Chalitzah. The Netziv concludes that the Yevamah also requires Chalitzah according to the Rambam. The Mishnah says that the Yevamah is forbidden, but it does not say that she is exempt.

QUICK HALACHAH

A YEVAMAH WHO IS MOMENTARILY PROHIBITED
 
A Yevamah who is unfit for Yibum at the time that she falls to Yibum is prohibited even if the original prohibition no longer applies. Therefore, if two brothers are married to two sisters and one of the brothers dies, and subsequently the wife of the second brother dies, the Yevamah remains prohibited. This prohibition applies even if the Yevamah falls to him a second time, such as in a case where there are three brothers. For example, two brothers are married to two sisters and one of the brothers dies, and a third brother does Yibum, and then the wife of the second brother dies, and then the third brother dies. The Yevamah remains prohibited to him. (Shulchan Aruch EH 175:1)

Next Daf

Index to Revach for Maseches Yevamos


MAIN YEVAMOS PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links