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YEVAMOS 50

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12th CYCLE DEDICATIONS
 
YEVAMOS 50 - In loving memory of David J Mizrahi (David ben Adele), whose warmth and kindness made him loved by all. Your memory is with us always. By his brother in law, Michael M. Missry

SUMMARY

Chachamim: It is possible for a person to merit an extension of his life. Rebbi Akiva: It is not possible. (1)
 
Raban Gamliel: If a Yavam gives a Get or does Ma'amar with one Yevamah, followed by another Get or another Ma'amar with her Tzarah, the second Get or second Ma'amar is not valid. Chachamim: The second one is valid. (2)
 
Everyone agrees that once the Yavam does Yibum or Chalitzah with one of the Yevamos, a subsequent Yibum or Chalitzah with the Tzarah is not valid.
 
If a Yavam does Ma'amar and also gives her a Get, Chalitzah is required. If he does Ma'amar and he does Chalitzah, a Get is required. (3)
 
Ma'amar followed by Bi'ah is the proper method of doing Yibum.
 
If the Yavam gives a Get and does Ma'amar, a Get and Chalitzah are required.
 
If the Yavam gives a Get and also does Bi'ah, a Get and Chalitzah are required. (4)
 
Ma'amar or Bi'ah done after Chalitzah, or a Get or Chalitzah done after Bi'ah, is not valid.
 
If a Yavam does Ma'amar with one Yevamah and also Ma'amar with the Tzarah, two Gitin and Chalitzah are required. (5)
 
If a Yavam does Ma'amar with one Yevamah and gives a Get to the Tzarah, a Get and Chalitzah are required.
 
If the Yavam does Ma'amar with one Yevamah and Bi'ah with the other Yevamah, two Gitin and Chalitzah are required. (6)
 
If the Yavam does Ma'amar with one Yevamah and Chalitzah with the Tzarah, the first Yevamah requires a Get.
 
If the Yavam gives a Get to the Yevamah and also to the Tzarah, Chalitzah is required.
 
If the Yavam gives a Get to the Yevamah and does Bi'ah or Ma'amar with the Tzarah, a Get and Chalitzah are required.
 
Tana Kama: A Bi'ah that was done with the Yevamah only after a Get or Ma'amar was done does not get rid of the Zikah and Chalitzah is required. Rebbi Nechemyah: It does get rid of the Zikah and no Chalitzah is required. (7)
 
The Rabanan decreed that a Get and Ma'amar with a Yevamah is valid, because otherwise one might think that Chalitzah and Bi'ah also are not valid.
 
A Chalitzah is required after a Bi'ah Pesulah, because otherwise one might think that a Bi'ah is valid even after Chalitzah or Yibum.

A BIT MORE

1. Rebbi Akiva: The extra 15 years granted by Hashem to Chizkiyahu were years that he was originally destined to live. Chachamim: The 15 extra years were given to Chizkiyahu beyond his original allotment.
 
2. Therefore, the Yavam is not forbidden to the relatives of the second Yevamah, and in the case that the Yavam does a second Ma'amar, no Get is needed for that Ma'amar.
 
3. In the second case, even though the Yavam already did Chalitzah, a Get is required for the Ma'amar.
 
4. A get is needed for the Bi'ah even according to Rebbi Akiva, who maintains that Kidushin with the Yevamah after Chalitzah is not valid. He agrees that a Get is not the same as a Chalitzah, and the Bi'ah is a valid Kidushin since the Get does not make her into an Isur Lav. Although the Bi'ah is a valid Kidushin, he is not allowed to remain with her. Since he gave her a Get first, the Bi'ah is a Bi'ah Pesulah, and he must divorce her and do Chalitzah.
 
5. This is true only according to the Rabanan, who maintain that a Ma'amar after a Ma'amar is valid. However, according to Raban Gamliel, the second Ma'amar is not valid and thus the Yavam has a choice of either doing Yibum with the first Yevamah, or giving her a Get plus Chalitzah.
 
6. Since the Bi'ah was done only after he first did Ma'amar with the other Yevamah, it is regarded as a Bi'ah Pesulah and he must divorce her. However, a Get alone does not suffice and he must also do Chalitzah.
 
7. According to Rebbi Nechemyah, even though the Bi'ah was not the first thing that was done, it completely gets rid of the Zikah, and even though he is not allowed to remain with the Yevamah since it is a Bi'ah Pesulah, no Chalitzah is required and he simply must give her a Get.

BRIEF INSIGHT

AN EXTRA LONG LIFE
 
Rebbi Akiva maintains that a person will not live any longer than he was originally destined to live, and the extra 15 years that Hashem granted to Chizkiyahu were his own years that were being given back to him. The Ben Yehoyada asks, why did Rebbi Akiva not say that Chizkiyahu was granted 15 years from someone else's life, as the Gemara says in Chagigah that sometimes the years of one person are given to another? The Ben Yehoyada answers that the Gemara says that only a person who has the characteristic of generosity of spirit receives another person's years. We find that the Gemara says regarding Chizkiyahu at the time of his sickness that he did not want to travel to Yeshayah and insisted that Yeshayah travel to him instead, since it was beneath his dignity as the king to travel to Yeshayah. Therefore, although Chizkiyahu was a very great Tzadik, without this characteristic it would be impossible for him to merit another person's years.

QUICK HALACHAH

MA'AMAR AND A GET TO A YEVAMAH
 
Since a Ma'amar is not a complete Kinyan, and a Get to a Yevamah is not a complete severance, any action that follows either the Ma'amar or a Get is valid. Whether there is one Yavam or two Yevamos, or two Yavams and one Yevamah, or two of each, in all of these cases any action done after the Ma'amar or Get is valid. (Shulchan Aruch EH 170:3)

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