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YEVAMOS 32

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YEVAMOS 32 - Dedicated in honor of the Yahrzeit on 7 Cheshvan of ha'Gaon Rav Meir Shapiro (n. 5694/1933), founder of the renowned Yeshivas Chachmei Lublin, representative of the Jewish community in the Polish parliament, and creator of the DAFYOMI STUDY CYCLE (see?www.dafyomi.co.il/dafyomi.htm?for more) - may he entreat before Hash-m's holy throne for the complete redemption of Klal Yisrael, speedily in our days!. Dedicated by Mr. and Mrs. Shmuel Kovacs of Ramat Beit Shemesh, Israel; may the great Gaon be a Melitz Yosher for the Kovacs childrenZZ to grow up with love of Torah and Yir'as Shamayim and succeed in all that they do.
 
12th CYCLE DEDICATIONS
 
YEVAMOS 31-35 - Mrs. Rita Grunberger of Queens, N.Y., has dedicated a week of Dafyomi material in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and he is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

SUMMARY

Once Chalitzah is done with the Yevamah, it is forbidden to do Yibum with her or with the Tzaros.
 
There are three married brothers. The first brother dies without children, and the second brother does Ma'amar to his Yevamah and then gives her a Get from that Ma'amar. The second brother then dies. The third brother may do Yibum with the Yevamah of the second brother, but not with the Yevamah of the first brother, because one may get confused with a case in which he gave a Get for the Zikah.
 
According to the second version of Rava, the third brother may also do Yibum with the Yevamah of the first brother, since the Get annuls the Ma'amar.
 
Two brothers are married to two sisters. One of the brothers dies, and subsequently the wife of the second brother dies. The Yevamah of the first brother remains forbidden to the second brother forever, since she was an Ervah at the time she fell to Yibum.
 
Rebbi Yosi: Two brothers are married to two sisters. One of the brothers dies. If the second brother has relations with the former wife of his brother, he is liable for both the Ervah of Eshes Achiv and for the Ervah of Achos Ishto. (1)
 
Rebbi Shimon: If the first brother married one sister before the second brother married the other sister; the second brother is only liable for the Ervah of Eshes Achiv, and not for Achos Ishto. However, if the second brother married his wife first, he is liable for Achos Ishto but not for Eshes Achiv. (2)
 
One transgresses a prohibition for which there is a Chiyuv Misah twice for two separate Aveiros. He is punished with the more severe Misah. Rebbi Yosi says that he is punished with the punishment that was the first one to be relevant. (3)
 
Rebbi Chiya swore that he heard from Rebbi that a non-Kohen who performs the Avodah in the Beis ha'Mikdash on Shabbos is liable for two Aveiros. Bar Kapara swore that he heard from Rebbi that such a person is liable only for one. (4)
 
Rebbi Chiya swore that he heard from Rebbi that a Ba'al Mum who performs the Avodah in a state of Tum'ah is liable for two Aveiros. Bar Kapara swore that he heard from Rebbi that he is liable only for one. (5)
 
Rebbi Chiya swore that he heard from Rebbi that a non-Kohen who ate a bird that was brought as a Korban is liable for two Aveiros. Bar Kapara swore that he heard from Rebbi that he is liable only for one. (6)

A BIT MORE

1. This statement of Rebbi Yosi seems to be at odds with the opinion of Rebbi Yosi that one prohibition cannot take hold if another prohibition is in place. The Gemara answers that when he says that he is liable for both prohibitions he is not saying that he must bring two Korbanos if he did so b'Shogeg. Rather he is saying that if he did so b'Meizid he is regarded as a complete Rasha and is buried with similar Resha'im to himself.
 
2. In the first case, where the first brother married his wife first, although the second brother is not liable for the Ervah of Achos Ishto, even so he cannot do Yibum, because if we would permit him to do Yibum there no longer would be a prohibition of Eshes Achiv, and that would leave a vacuum allowing the prohibition of Achos Ishto to take effect.
 
3. For example, if he had relations with his mother-in-law who was also a married woman, if she was married before she became his mother-in-law, then he is punished for the Aveirah of Eshes Ish.
 
4. Rebbi Chiya: One is not liable to bring two Korbanos if he did two Aveiros b'Shogeg, because there is no Chiyuv Chatas for a non-Kohen who performs the Avodah in the Beis ha'Mikdash. According to Rebbi Chiya, one must bring one Korban for the prohibition of Shabbos. Bar Kapara: One does not bring any Korban, because the prohibition of Shabbos does not apply in the Beis ha'Mikdash even for non-Kohanim.
 
5. The dispute involves a Korban Tzibur brought when most of the Kohanim are Tamei. In such a situation, a Kohen is permitted to perform the Avodah in a state of Tum'ah.
 
6. An ordinary bird which was killed with Melikah is a Neveilah. However, a bird offered as a Korban may be eaten even though it had Melikah. However, according to Rebbi Chiya, the special dispensation to eat Melikah applies only to a Kohen. Therefore, a non-Kohen who eats it is Chayav for both the Aveirah of eating Neveilah and the Aveirah of a non- Kohen eating Kodesh. Bar Kapara maintains that he is Chayav only for the Aveirah of a non- Kohen eating Kodesh, but he is not Chayav for eating Neveilah.

BRIEF INSIGHT

THE MELIKAH OF A BIRD BROUGHT AS A KORBAN
 
Rebbi Chiya says that a non-Kohen who ate a bird of Melikah that was brought as a Korban is liable for two Aveiros, for eating Melikah and for a non- Kohen eating Kodesh. The Machaneh Levi asks that since a person who swallows the Neveilah of a bird becomes Tamei, and a Korban Chatas must be eaten inside the Azarah, he should be Chayav for a third Aveirah, for being inside the Beis ha'Mikdash while in a state of Tum'ah. The Mitzpeh Eisan answers that he ate it in a place where one is permitted to eat a Chatas, but there is no Chiyuv for being there while Tamei, such as a Lishkah that is built outside the walls of the Beis ha'Mikdash but its entrance is from inside the Beis ha'Mikdash.

QUICK HALACHAH

A NON- KOHEN OR BA'AL MUM WHO PERFORMS THE AVODAH
 
A non-Kohen who performs the Avodah on Shabbos is Chayav for Shabbos and for Zarus. A Ba'al Mum who performs the Avodah while he is Tamei is Chayav for Tum'ah and for Ba'al Mum. (Rambam Hilchos Bi'as Mikdash 9:12)

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