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YEVAMOS 55

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YEVAMOS 55 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein by his nephew, Mr. David Kornfeld, whom Mr. Marmorstein raised like his own child after the Holocaust.

SUMMARY

A sister of a wife is prohibited whether she is a sister from a father or from a mother.(1)
 
The wife of a brother is prohibited whether he is a brother from a father or from a mother.
 
A person who transgresses all of the prohibited Arayos in one thoughtless act is punished separately for each prohibition.
 
Rebbi Yitzchak says that there is no punishment of Malkus for the prohibition of a sister. (2)
 
Included in the punishment of Kares is the death of the transgressor's children. (3)
 
A person who has a partial Bi'ah with a Shifchah Charufah is not punished.
 
A partial Bi'ah of a woman who is an Isur Lav, Isur Aseh, or an Isur Kehunah, is regarded as a Bi'ah.
 
A partial Bi'ah of a Yavam to a Yevamah is regarded as a Bi'ah.
 
If a man is Mekadesh a woman with a partial Bi'ah, it is a valid Kidushin.
 
There is a dispute about whether a person who has intimate relations with an Ervah is liable if he does the Bi'ah with an Ever Mes.
 
If a man has relations with a married woman after her death, he is exempt.
 
There is a dispute about whether Ha'arah that is regarded as a Bi'ah is Neshikah (touching) or Hachnasas Atarah (partial entry).

A BIT MORE

1. This is derived from the Ervah of the wife of a brother.
 
2. The Torah specifies the punishment of Kares for the prohibition of a sister -- even though the Torah already stated a general punishment of Kares for all of the Arayos -- in order to teach that the only punishment is Kares and not Malkus.
 
3. This includes both the children he has at the time of the sin and the children he will have after the sin.

BRIEF INSIGHT

A SHIFCHAH CHARUFAH
 
The Gemara says that a man who has a partial Bi'ah with a Shifchah Charufah is not punished. Rashi says that a Shifchah Charufah is a Nochri maidservant betrothed to a Jewish servant. There is a dispute among the Tana'im about whether a Shifchah Charufah is completely non-Jewish, as Rashi says, of if she is half-maidservant and half-free who is betrothed to a Jewish servant. The Rashash says that Rashi had good reason to assume that this Gemara follows the opinion that the Shifchah Charufah is a complete Nochri. According to the opinion that she is half-free, the Kidushin of the Jewish servant would be a valid Kidushin and a man who has Bi'ah with her transgresses the prohibition of Eshes Ish. If she is an Eshes Ish, how could the Gemara derive from here that other Isurei Lav are Chayav with Ha'arah? Therefore, Rashi concludes that this Gemara maintains that a Shifchah Charufah is a complete Nochri.

QUICK HALACHAH

SISTER OF A WIFE
 
The sister of a wife (Achos Ishah) is forbidden by the Torah as long as the wife is alive, whether she is a sister from the father or from the mother. The sister of a wife is forbidden even after the man divorces his wife, but once the wife dies she is permitted. (Shulchan Aruch EH 15:26)

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