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YEVAMOS 61

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SUMMARY

Rebbi Shimon ben Yochai says that graves of Nochrim do not convey Tum'as Ohel. (1)
 
Ravina says that even according to Rebbi Shimon ben Yochai, the corpse of a Nochri does convey Tum'as Maga and Masa. (2)
 
If a Kohen was Mekadesh a widow and he was subsequently appointed Kohen Gadol, he may marry her.
 
If a Shomeres Yavam falls to a Kohen and he was subsequently appointed Kohen Gadol, he may not do Yibum. (3)
 
Marta bas Baisus gave a Tarkava d'Dinrei (a huge sum of money) to Yanai ha'Melech so that her husband Yehoshua ben Gamla would be appointed Kohen Gadol.
 
If the brother of a Kohen Gadol dies without children, the Kohen Gadol does Chalitzah, but not Yibum, with the Yevamah. (4)
 
A man may not marry an Ailonis (a woman who is infertile) unless he already has children.
 
Rebbi Yehudah: A Kohen may not marry an Ailonis even if he already has children, because she is regarded as a Zonah. Chachamim: She is not considered a Zonah and thus a Kohen Gadol may marry her if he already has children.
 
Rebbi Eliezer: A Kohen may not marry a Ketanah.
 
Rebbi Meir: A Katan or Ketanah may not do Chalitzah or Yibum. (5)
 
There are different opinions among the Tana'im regarding who is considered a Zonah.
 
Everyone agrees that a Kohen Gadol may not marry a Ketanah who is marred off by her mother and brothers. (6)
 
A Ketanah who was seduced is regarded as an Anusah.
 
According to one Tana, the Torah forbids a Kohen Gadol from marrying a Ketanah.
 
Rebbi Eliezer: An unmarried woman who has relations has the status of a Zonah.
 
A man may not stop engaging in Peru u'Revu unless he already has children. (7)
 
Even though a man has many children, he may not remain in an unmarried state.
 
A man may sell a Sefer Torah for the purpose of marrying a fertile woman only if he does not yet have children.

A BIT MORE

1. Regarding Tum'as Ohel, the verse says "Adam," and a Nochri is not regarded as an Adam.
 
2. Regarding Tum'as Maga, the Torah does not use the term "Adam." Therefore, Tum'as Maga and Masa apply even to a Nochri.
 
3. It is forbidden for him to do Yibum even if he had already done Ma'amar with her prior to his appointment.
 
4. This applies whether the Yevamah fell from Nisu'in or from Eirusin. Min ha'Torah, if the Yevamah fell from Eirusin, the Kohen Gadol may do Yibum because she is prohibited to him only with the Lo Sa'aseh of marrying a widow, and not with the Aseh of a Be'ulah. The Aseh of Yibum supersedes the Lo Sa'aseh. However, the Rabanan decreed that he may not do Yibum because we are afraid that he may do a second Bi'ah with her. Only the first Bi'ah is permitted, since with that Bi'ah he fulfills the Mitzvah of Yibum.
 
5. The reason why they may not do Chalitzah is that the Parshah of Chalitzah uses the word "Ish." The reason why they may not do Yibum is that we are afraid that he or she will be found to be infertile and the Yibum will have been invalid. The Chachamim agree regarding Chalitzah but not regarding Yibum.
 
6. The reason is that the marriage is only mid'Rabanan, and the husband does not have a Kinyan of Kidushin until she becomes a Gedolah. By that time, she is a Be'ulah, who is forbidden to a Kohen Gadol.
 
7. Beis Shamai: Once a person has two sons, he has fulfilled the Mitzvah of Peru u'Revu. Beis Hillel: Once a person has one son and one daughter, he has fulfilled the Mitzvah of Peru u'Revu.

BRIEF INSIGHT

A WOMAN WHO IS A ZONAH
 
In the Mishnah, Rebbi Yehudah says that an Ailonis is regarded as a Zonah, and the Chachamim say that the only women regarded as Zonos are a Giyores, a Meshuchreres, and a woman who had a Bi'as Znus. Rashi says that any Bi'ah with a man who is Pasul to her is regarded as a Bi'as Znus. Tosfos says that only Rebbi Akiva -- who says that a Kidushin with an Isur Lav is not valid -- maintains that a relationship with an Isur Lav is regarded as a Bi'as Znus. However, according to the Chachamim, only a Bi'ah with an Isur Kerisus is regarded as a Bi'as Znus. The Bach says that even Tosfos agrees that a woman who has Bi'ah with an Isur Lav is forbidden to a Kohen and from eating Terumah. However, she is not included in the prohibition of a Zonah, and thus if she does marry a Kohen -- although he may not remain with her -- they are not punished with Malkus.

QUICK HALACHAH

GRAVES OF NOCHRIM
 
It is proper for a Kohen to avoid walking on graves of Nochrim. Although some opinions are lenient, it is proper to be stringent. However, the grave of a Jewish Mumar conveys Tum'ah the same as the grave of any other Jew. (Shulchan Aruch YD 372:2)
 
The reasoning of the lenient opinion is that a Nochri is not regarded as an "Adam." However, with regard to Tum'as Maga and Masa, the Beis Yosef writes that even according to this opinion, the Nochri conveys Tum'ah. (Shach)

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