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YEVAMOS 84

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YEVAMOS 84 (5 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

SUMMARY

An animal that is Kil'ayim, Tereifah, or born by a cesarean section, and a Tumtum or Androginus may not be brought as a Korban. (1)
 
None of the above animals (Kil'ayim, Tereifah, etc.) becomes Hekdesh by means of Temurah, nor does it make another animal Hekdesh with Temurah.
 
If the Yavam is a Kohen Gadol, or if a married Chalal dies without children and the Yavam is a valid Kohen, the Yevamah is permitted to her husband but not to the Yavam. (2)
 
If a Kohen Gadol is Mekadesh a widow and the Yavam is an ordinary Kohen, or if the brother is a Kohen married to a Chalalah and the brother is a Chalal, the Yevamah is prohibited to her husband and permitted to her Yavam. (3)
 
If the brother is a Kohen Gadol married to a widow, or if the brother is a Kohen married to a Chalalah and the Yavam is a Kohen, the Yevamah is prohibited both to her husband and to the Yavam. (4)
 
If the Yevamah is a Sheniyah (Isur mid'Rabanan) to the husband and not to the Yavam, she is permitted to her husband, but not to the Yavam. (5)
 
We force the husband of a Sheniyah to divorce his wife, and she does not receive her Kesuvah or any other benefits when she is divorced.
 
A woman who is prohibited with an Isur Lav to her husband receives her Kesuvah when she is divorced.
 
If a Chalal was Mekadesh a woman and he dies without children, his wife is permitted to the Yavam who is a Kohen.
 
Rav Dimi in the name of Rebbi Yochanan: The child of a Mitzri Sheni who marries a Mitzris Rishonah is given the status of a Mitzri Sheni.
 
An Ailonis is prohibited to the Yavam.
 
A Bas Kohen may marry a Chalal because women who are valid are not prohibited from marrying men who are Pasul to Kehunah.
 
The Tana of our Mishnah did not mention every possible case. (6)
 
Any time the man has an Isur to marry a particular woman, the woman shares that prohibition as well.

A BIT MORE

1. Even if a person is Makdish one of them, it would not have any physical Kedushah but only monetary Kedushah, and thus it may be redeemed without first getting a Mum.
 
2. If the brother is a valid Jew who marries a Bas Yisrael and the Yavam is a Mamzer, or the brother is a Mamzer who marries a Mamzeres and the Yavam is a valid Jew, in these cases also the Yevamah is permitted to her husband but not to the Yavam.
 
3. If the brother is a valid Jew married to a Mamzeres and the Yavam is a Mamzer, or if the brother is a Mamzer married to a valid Jewess and the Yavam is a valid Jew, in these cases also the Yevamah is permitted to the Yavam, but not to her husband.
 
4. If the brother is a valid Jew married to a Mamzeres and the Yavam is a valid Jew, or if the brother is a Mamzer married to a Bas Yisrael and the Yavam is a Mamzer, in these cases also the Yevamah is permitted to the Yavam, but not to her husband.
 
5. If the Yevamah is a Sheniyah (Isur mid'Rabanan) to the Yavam and not to her husband, she is permitted to the Yavam but not to her husband. If she is a Sheniyah to both her husband and the Yavam, she is prohibited to both of them.
 
6. The Mishnah also could have mentioned a case of a Mitzri who had children both from a Mitzris Rishonah and from a Mitzris Sheniyah, and it also could have mentioned a case of a Petzu'a Daka.

BRIEF INSIGHT

THE PROHIBITION OF A ZONAH
 
The Ra"m says that the prohibition for a Kohen to marry a Zonah applies only to the Kohen. The Zonah however is not prohibited from marrying the Kohen. Therefore, if a Kohen marries a Zonah, only the Kohen transgresses a Lav, not the Zonah. Tosfos questions the Ra"m from the Gemara here that says that any time the man has an Isur to marry a particular woman, the woman shares that prohibition as well. Rashi explains that just as the Kohen has an Isur to marry a Chalalah or Zonah, the Chalalah or Zonah has an Isur to marry the Kohen.

QUICK HALACHAH

THE PROHIBITION OF A CHALAL
 
A Kohenes is permitted to marry a Chalal, a Ger, or a freed slave, because women who come from a family of Kohanim were not prohibited from marrying Pesulei Kehunah, as the verse says "the sons of Aharon" and it does not say "the daughters of Aharon." (Shulchan Aruch EH 7:22)
 
However, anytime the man is prohibited from marrying the woman, she shares the prohibition as well, because women are the same as men regarding all of the prohibitions in the Torah. (Beis Shmuel)

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