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YEVAMOS 91

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12th CYCLE DEDICATIONS
 
YEVAMOS 91 - Dedicated by Ari and Susan Friedman of Lawrence, New York. Kollel Iyun Hadaf extends its blessings to them on the occasion of their oldest son's marriage: May Hashem bless them with endless Nachas from the young couple and may the Chasan and Kalah merit to build a Bayis Ne'eman b'Yisrael with children and grandchildren dedicated to the Torah and its Mitzvos.

SUMMARY

A Bas Levi who was captured or who engaged in Bi'as Znus may eat Ma'aser.
 
The Rabanan penalize a Bas Levi from eating Ma'aser if she remarried on the basis of one witness and her husband is discovered to be alive. (1)
 
If a woman remarries on the basis of one witness and her husband is found to be alive, her sons do not inherit the Kesuvas Benin Dichrin. (2)
 
If a woman remarries on the basis of one witness and her husband is found to be alive, the brothers do Chalitzah but not Yibum. (3)
 
If a person marries an Ervah, the woman does not require a Get, with the exception of a woman who remarried on the basis of one witness.
 
If a woman remarries on the basis of one witness, she does not have to bring a Korban if her husband is found to be alive. (4)
 
If a woman remarries with a Get that contains a mistake, she is penalized severely because she should have read the Get. (5)
 
If a woman remarries after her Tzarah did Yibum and her Tzarah is found to be an Ailonis (thus invalidating the Yibum), she is penalized. (6)
 
If a Tzaras Ervah remarries and the Tzarah is found to be an Ailonis, she is penalized.
 
If the scribe got mixed up and gave the husband the receipt and the wife the Get, the wife is penalized. (7)
 
If there is a rumor that the husband is alive, the wife does not have to be concerned for it.

A BIT MORE

1. If she is a Bas Kohen, she no longer may eat Terumah, even Terumah mid'Rabanan.
 
2. The Kesuvas Benin Dichrin is one of the benefits of the Kesuvah that allows the sons of a first wife who died in her husband's lifetime to inherit her Kesuvah.
 
3. The brother of the first husband does Chalitzah mid'Oraisa, but mid'Rabanan he may not do Yibum. The brother of the second husband may not do Yibum mid'Oraisa, but mid'Rabanan he must do Yibum.
 
4. If, however, there were two witnesses, she must bring a Korban if her husband is found to be alive.
 
5. She must get divorced from both husbands, and she does not receive a Kesuvah from either husband. She is penalized with all of the other penalties enumerated in our Mishnah.
 
6. She is penalized with all of the penalties of our Mishnah as punishment for rushing to get married without waiting to see if her Tzarah is an Ailonis.
 
7. If she gets remarried with the receipt that the husband gave her in lieu of the Get, she is penalized with all of the penalties of our Mishnah as punishment for not bothering to read the Get.

BRIEF INSIGHT

A BAS KOHEN WHO IS AN ANUSAH
 
The Gemara says that if a Bas Kohen remarries on the basis of one witness and her husband is found to be alive, she may not eat any Terumah at all, even Terumah mid'Rabanan. Rashi says that it is obvious that she may not eat Terumah mid'Oraisa, because if the Rabanan penalize a Bas Levi from eating Ma'aser, then certainly a Bas Kohen is penalized from eating Terumah. The Ritva says that the fact that she may not eat Terumah Mid'Oraisa is not a penalty; rather, she is Pesulah Min ha'Torah from eating Terumah because she engaged in Bi'as Znus. Even though she did so unintentionally, a Bas Kohen is Pesulah from eating Terumah even if the Bi'as Znus is unintentional.

QUICK HALACHAH

THE PERMISSIBILITY OF EATING MA'ASER
 
A non-Kohen may eat Ma'aser Rishon even if he is Tamei. Therefore, a Bas Levi who engaged in Bi'as Znus is given Ma'aser and she is allowed to eat it. However, if she heard that her husband died, or a witness testified that her husband died and after she remarried her husband returned, the Chachamim penalize her and she no longer may eat Ma'aser. (Shulchan Aruch YD 331:67)
 
Ma'aser Rishon is permitted only after the Terumas Ma'aser is separated from it. (Shach)

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