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YEVAMOS 83

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12th CYCLE DEDICATIONS
 
YEVAMOS 83 (10 Av) - Dedicated by Mrs. G. Kornfeld, in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

SUMMARY

Rebbi Yosi in the Beraisa says that an Androginus is a distinct species, and it is unclear to the Sages whether he is male or female.
 
Shmuel gives weight even to the opinion of a sole Tana. (1)
 
It is forbidden to plant or graft a tree within thirty days of the beginning of Shevi'is, and if one does so he must uproot the tree. (2)
 
Rebbi Meir: A woman who sees blood for three straight days while she is having contractions does not become a Zavah, even if it is forty or fifty days prior to birth. (3)
 
Rebbi Meir: If a person drapes his vines over the grains of his friend, the grains become forbidden. Rebbi Yosi and Rebbi Shimon: The grains do not become forbidden. (4)
 
Rebbi Yosi bar Yehudah: A Tumtum may not perform Chalitzah, because even if he is a male he may be a Seris Chamah. (5)
 
Rav: A male who has either conventional or unconventional relations with an Androginus is Chayav Sekilah.
 
A man is Chayav for having unconventional relations with a woman who is an Ervah to him. (6)
 
If a person who is Makdish a bird is an Androginus and does Melikah, the bird is a Neveilah and conveys Tum'ah when swallowed. (7)
 
Rebbi Eliezer: An Androginus bird is valid for a Korban, but an Androginus animal is not valid for a Korban.

A BIT MORE

1. However, if the sole Tana contradicts a Mishnah, he does not follow the sole opinion.
 
2. Rebbi Yehudah: It may not be planted within three days. Rebbi Yosi and Rebbi Shimon: It may not be planted within two weeks. The dispute centers on how long it takes the seed to take root. Rav Nachman says that according to all of the Tana'im, an additional thirty days must be added to the time it takes the seed to root, because Tosefes Shevi'is is thirty days.
 
3. Rebbi Yehudah: Only the blood that she sees starting from the beginning of the last month of pregnancy does not make her into a Zavah. Rebbi Yosi and Rebbi Shimon: Only the blood that she sees within two weeks of birth does not make her into a Zavah.
 
4. Rebbi Yosi and Rebbi Shimon maintain that a person cannot prohibit an item that belongs to his friend.
 
5. However, if he is the only brother, he must do Chalitzah because of the possibility that he is a male, and perhaps he is not a Seris Chamah, because Rebbi Yosi bar Yehudah maintains that it is not know for certain that a Tumtum is a Seris Chamah. Rebbi Yehudah, however, maintains that a Tumtum is definitely a Seris Chamah, and even if he is the only brother no Chalitzah is needed.
 
6. However, Rebbi Eliezer maintains that there is no Chiyuv for conventional relations with an Androginus.
 
7. The Neveilah of a Kosher bird conveys Tum'ah when swallowed. When Melikah is performed on a bird that is a Korban, it does not become a Neveilah. However, an Androginus bird is not valid for a Korban. Therefore, the Melikah is not valid and it is a Neveilah.

BRIEF INSIGHT

PROHIBITING THE PROPERTY OF ONE'S FRIEND
 
The Gemara says that Rebbi Yosi and Rebbi Shimon maintain that a person cannot prohibit an item that belongs to his friend. Tosfos asks that according to them, if a person places Neveilah or Chelev in his friend's pot it should not become forbidden. The Ri answers that this Halachah applies only to a prohibition that depends on a person's thoughts. It does not apply to a prohibition that depends on an action, where the thoughts play no role; in such a case a person can prohibit the item of his friend. The prohibition of Kil'ayim depends on the person's thoughts because if a person notices that there is Kil'ayim in his field and he decides in his mind to separate the crops as soon as possible, the crops do not become prohibited.

QUICK HALACHAH

PLANTING KIL'AYIM
 
Whether a person planted Kil'ayim or only maintained it, as soon as he sees Kil'ayim growing in his field and he leaves it there it becomes prohibited. A person cannot prohibit something that does not belong to him. Therefore, if a person drapes his vines over the grains of his friend, only his grapes become forbidden, not the grains of his friend. If a person drapes the vines of his friend over his grains, only his grains becomes forbidden, not the grapes of his friend. If a person drapes the vines of his friend over the grains of his friend, neither one becomes forbidden. Therefore, one who plants grains in his vineyard on Shevi'is does not make them prohibited, since the grapes do are Hefker and do not belong to him. (Shulchan Aruch YD 296:4)

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