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YEVAMOS 40

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12th CYCLE DEDICATIONS
 
YEVAMOS 37-40 - Dedicated by Andy & Nancy Neff in memory of Leah Miriam bat Yisroel -- Lucy Rabin. Beloved mother of Nancy Neff, Valerie, Doug and Andy Rabin, and wife of Sidney Rabin, Lucy Rabin was Nifteres last Thursday (14 Sivan).

SUMMARY

When the Kohanim eat the Korban, the owner of the Korban receives atonement for his sins.
 
A person who eats gluttonously on Yom Kippur is exempt from Kares.
 
A Korban Minchah may not be baked into Chametz, including the portion of the Minchah eaten by the Kohanim.
 
If flour is boiled in water and subsequently baked into Matzah, it is regarded as "Lechem Oni" and may be used for the Mitzvah of Matzah on the night of Pesach.
 
The brother who does the Chalitzah shares the inheritance together with the other brothers. However, if the father is alive, the father inherits. If one of the brothers does Yibum, he is the sole heir to the property of the deceased brother. Rebbi Yehudah says that if the father is alive, the father inherits. (1)
 
The brother who does Chalitzah is prohibited to the relatives of his Chalutzah, and she is prohibited to his relatives.
 
The brother who does Chalitzah is permitted to the relatives of the Tzarah of the Chalutzah and prohibited to the Tzarah of the relatives of the Chalutzah.
 
Ameimar maintains that one is permitted to marry the former wife of the brother of the grandfather.
 
Rebbi Chiya states that the Chalutzah is prohibited to eight relatives of the Yavam who performed the Chalitzah. Four of them are Arayos that are prohibited by the Torah, and four of them are Sheniyos that are prohibited mid'Rabanan. (2)
 
The wife of the brother or grandfather of the mother is not included in the prohibition of Sheniyos.
 
The prohibition of Sheniyos applies also to the relatives of a Chalutzah. (3)
 
Rav Tuvi bar Kisna in the name of Shmuel: A child born from a union between the Yavam and the Tzarah of the Chalutzah is a Mamzer. Rebbi Yochanan: The child is not a Mamzer. (4)

A BIT MORE

1. Rebbi Yehudah derives from a verse that the Yavam has the same status as a Bechor (firstborn son). Just as a Bechor does not inherit while the father is alive, the Yavam does not inherit while the father is alive. Rebbi Yehudah maintains that even after the death of the father, the Yavam does not inherit the extra portion that originally belonged to the brother and was inherited by the father. Since, at the time of the death of the brother, he did not inherit since the father was still alive, he no longer has any extra right to the property even after his father dies.
 
2. The prohibition of the father, brother, son, and son of the brother of the Yavam who performed Chalitzah are Arayos that are prohibited by the Torah. The two grandfathers, the son of the son, and the son of the daughter are mid'Rabanan.
 
3. Even though the prohibition of the relatives of a Chalutzah is mid'Rabanan, all of the Sheniyos who are forbidden when they are the relatives of a wife are also forbidden when they are the relatives of the Chalutzah.
 
4. Rebbi Yochanan: If the Yavam or any of the brothers have relations with either the Chalutzah or the Tzarah, there is no Chiyuv Kares. Rebbi Yochanan maintains that the Yavam and Yevamah who do Chalitzah are regarded as agents for all of the brothers and Tzaros. Rav Tuvi bar Kisna: The Chalutzah is not an agent of the Tzaros, and therefore only the Chalutzah is no longer an Isur Kares. The Tzaros, however, revert back to the original Ervah of the Eshes Achiv and are an Isur Kares.

BRIEF INSIGHT

THE YAVAM IS THE SOLE HEIR OF THE DECEASED BROTHER
 
The Mishnah says that if one of the brothers does Yibum, he is the sole heir of the property of the deceased brother. Rashi says that the Yavam inherits the property even if he divorces the Yevamah immediately after doing Yibum. However, the Yerushalmi says that if the Yevamah is forbidden to the Yavam and he is not allowed to remain married to her at all, then the Yavam does not inherit the property, even if the prohibition is only mid'Rabanan. (For example, there are two Yevamos, and the Yavam did Ma'amar with one and Yibum with the other. Once the Yavam does Ma'amar with the first Yevamah, he is forbidden to the second Yevamah. If he then does Yibum with the second Yevamah, he does not inherit the property of his deceased brother.)

QUICK HALACHAH

THE DIVISION OF THE PROPERTY IN A CASE OF CHALITZAH
 
A Yavam who performs Chalitzah with the Yevamah receives, with the other brothers, an equal share of the property of the deceased brother. If the father is still alive, he inherits everything, and when he dies the property is divided among the brothers. However, even though this is the Halachah, a decree was made that the brother who performs Chalitzah inherits half of his brother's property. (Shulchan Aruch EH 162:2)

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