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YEVAMOS 67

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YEVAMOS 67 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

SUMMARY

If a woman brings into the marriage two garments of Nichsei Tzon Barzel that are each worth 100 Zuz and they appreciate 100%, she receives both back. (1)
 
Rebbi Yosi: If a pregnant Bas Yisrael is widowed from a Kohen, the servants of Nichsei Tzon Barzel may not eat Terumah. (2)
 
There is a dispute concerning whether, according to Rebbi Yosi, the servants of Nichsei Tzon Barzel of a pregnant Bas Kohen who is widowed from a Kohen may eat Terumah. (3)
 
Chachamim: If a Bas Yisrael marries a Kohen and dies when she is pregnant, her servants may eat Terumah regardless of who inherits them.
 
Shmuel: If someone makes a Kinyan for an unborn child, he is Koneh.
 
If the widow of a Kohen has children, both the servants of Nichsei Melug and the servants of Nichsei Tzon Barzel may eat Terumah.
 
If the widow of a Kohen is pregnant and does not have children, neither the servants of Nichsei Melug nor the servants of Nichsei Tzon Barzel may eat Terumah.
 
If the pregnant widow of the Kohen has children, the servants of Nichsei Melug may eat Terumah, but not the servants of Nichsei Tzon Barzel. (4)
 
Rebbi Shimon ben Yochai: The servants of Nichsei Tzon Barzel may eat Terumah only if the children of the pregnant widow of the Kohen are male. (5)
 
When orphans divide their inheritance, the Beis Din appoints an overseer who divides the estate between them. (6)
 
The Chachamim decreed that if there is not enough inheritance to support all of the children, the daughters are supported from the estate and not the sons. (7)
 
Neither a Bas Yisrael who is a pregnant widow of a Kohen nor a Bas Kohen who is a pregnant widow of a Yisrael may eat Terumah.
 
Neither a Bas Kohen who is a Shomeres Yavam to a Yisrael nor a Bas Yisrael who is a Shomeres Yavam to a Kohen may eat Terumah.

A BIT MORE

1. She receives one of them back without payment when she collects her Kesuvah, and the other one she has a right to buy back at the present value.
 
2. Even though the widow has children and consequently may eat Terumah herself, the servants may not eat Terumah because the unborn child also has a share in the servants. However, the Chachamim maintain that the unborn child has no ownership of the servants, and thus the servants may eat Terumah.
 
3. Rabah: The reason why the servants of the pregnant widow may not eat Terumah is that an unborn child in the womb of a non-Kohen is regarded as a non-Kohen even though his father is a Kohen. Consequently, if the mother is a Bas Kohen, the servants may eat Terumah. Rav Yosef: The reason why the servants of the pregnant widow may not eat Terumah is that only a servant owned by an already-born Kohen may eat Terumah, but not a servant owned by an unborn Kohen. This reason applies even if the mother is a Bas Kohen.
 
4. This is the opinion of Rebbi Yosi, who maintains that the unborn child has a Kinyan in the servants.
 
5. If the children are male, we are not concerned about the possibility of a portion of the servants being owned by the unborn child. This is because perhaps the unborn child is female and thus has no portion in the servants, and even if he is a male perhaps he will not be born (as the mother might have a miscarriage).
 
6. Shmuel: When the orphans grow up they can protest the portion they were given. Rav Nachman: They have no right to protest.
 
6. However, if the sons sell the inheritance, the sale is valid.

BRIEF INSIGHT

SERVANTS OF NICHSEI TZON BARZEL
 
The Beraisa says that if the pregnant widow of the Kohen has children, the servants of Nichsei Melug may eat Terumah, but not the servants of Nichsei Tzon Barzel. Rashi explains that the servants of Nichsei Tzon Barzel may not eat Terumah because of the possibility that the unborn child may end up with the servants of the Nichsei Tzon Barzel as part of his inheritance. The Rashba asks that even if the servant does not end up as part of the inheritance of the unborn child, right now -- as long as they have not yet divided the inheritance -- the unborn child owns a portion of the servants, and as a result the servants may not eat Terumah. The Rashba answers that perhaps Rashi rules Yesh Bereirah even with regard to Terumah which is mid'Oraisa. Therefore, if the servant would not end up as part of the inheritance of the unborn child, they would be allowed to eat Terumah.

QUICK HALACHAH

APPRECIATION OF NICHSEI TZON BARZEL
 
Even if the wife brings into the marriage two utensils or two servants as Nichsei Tzon Barzel, and they were evaluated at the time for 1000 Zuz, and they appreciated to the value of 2000 Zuz, the wife takes one of them without payment and the second one she has the right to purchase from the husband, because it has value to her family. (Shulchan Aruch EH 87:3)

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