[74a - 24 lines; 74b - 27 lines]

1)[line 11]אין היבמה גמורה ליבםEIN HA'YEVAMAH GEMURAH LA'YAVAM- the sister-in-law who is waiting for the brother of her dead husband to perform Yibum or Chalitzah with her is not as connected to her brother-in-law [as is an Arus to his Arusah]

2)[line 13]יש זיקהYESH ZIKAH

(a)A woman whose husband dies without children is "Zekukah," that is, connected or bound, to the brothers of her husband for the purpose of performing the Mitzvah of Yibum. She is prohibited to marry whomever she wants until one of the brothers performs Chalitzah or Yibum with her.

(b)The Tana'im and the Amora'im argue with regard to the strength of the bond of Zikah. Those who are of the opinion Yesh Zikah rule that the bond is similar to the bond of a man with his betrothed or with his wife (even though the prohibition against the Yevamah marrying a non-brother is only a Lav and is not punishable with Kares or Chenek, as in the prohibition against living with a married woman). This comparison has certain ramifications:

1.Those who rule Yesh Zikah rule that just as a man is prohibited from marrying his wife's sister, daughter, daughter's daughter, mother or mother's mother, so, too, the Yavam is prohibited from marrying these relatives of the Yevamah, while she is his Zekukah.

2.Another outcome of the opinion Yesh Zikah is that one Zekukah may become classified as the Tzarah (co-wife) of an Ervah when there exists a Zikah bond between the Ervah and the dead brother.

3.Some maintain that since the Zikah causes us to consider that the living brother has already married his Yevamah, if a third brother is born before the second one performs Yibum, this third brother is considered to have been born after the Yibum of the second brother. (This applies only according to Rebbi Shimon, who rules that if the third brother is born after the Yibum of the second brother, the Yevamah is not considered an Eshes Achiv she'Lo Hayah b'Olamo with regard to the third brother - Yevamos 18b-20a.)

4.Finally, according to those who maintain Yesh Zikah, the Yavam may annul (Hafarah) the vows of his Yevamah just as he may annul the vows of his wife (Yevamos 29b).

(c)Those who rule Ein Zikah argue with the above reasoning and claim that the bond of Zikah is not like the bond of betrothal or marriage; therefore, the brothers-in-law are not prohibited from marrying the close relatives of the Yevamah, etc. (However, the brothers-in-law may be prohibited from marrying the close relatives of the Yevamah for another reason, namely, because it is prohibited to avert the Mitzvah of Yibum and Chalitzah by marrying a relative of the Yevamah and thereby exempting her from the need for Yibum ("Asur l'Vatel Mitzvas Yevamin" - see Background to Yevamos 26:5).)

(d)Some opinions distinguish between the Zikah to one brother-in-law and the Zikah to two or more brothers-in-law. That is, even if we rule Yesh Zikah in the case of one surviving brother, when there are two or more brothers we rule Ein Zikah (since a woman cannot be bonded through Zikah to more than one husband). Similarly, there is a discussion in the Gemara if Zikah prohibits the Yavam from marrying the close relatives of the Yevamah even after she dies (Yevamos 17b). Even if we hold Yesh Zikah, though, when one brother performs Chalitzah or Yibum to one of the Zekukos, the Zikah is entirely removed from the others brothers and from the Tzaros retroactively (RASHI 23b DH Ein Motzi'in) permitting them to marry each other's close relatives (MISHNAH Yevamos 23b, 40b).

(e)Even those who maintain Yesh Zikah, and who prohibit the relatives of the Yevamah to the Yavam, agree that this prohibition is only mid'Rabanan (Rashi 28b DH Mitzvah Avud; Rishonim 17b - this is self-evident since even Achos Chalutzah is only prohibited mid'Rabanan). There is one opinion, though, who maintains Yesh Zikah min ha'Torah (Rebbi Shimon according to Rebbi Oshiya, 18b).

3)[line 14]אין ברירהEIN BEREIRAH

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah does not work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling today an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on what it will take effect." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works - even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates "if my Rebbi is presently staying in a village towards the east, I would like the eastern Eruv to work, if not, I would like the western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated.

(c)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept in the future, the sale or divorce is annulled. This situation is not called Bereirah - see Insights to Yoma 56:1.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumra), but regarding to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

4)[line 15]מאמרMA'AMAR

(a)If a married man dies childless, his widow may not marry whomever she pleases. She first must undergo Yibum (levirate marriage, that is, she must marry her dead husband's brother), as the Torah states in Devarim 25:5-10. The only way to perform Yibum mentioned in the Torah is through marital relations with her. Giving her money (Kidushei Kesef) or a document (Kidushei Shtar) does not achieve marital ties between them as it does with a woman who is not a Yevamah (GEMARA Kidushin 4b). As RASHI writes (Yevamos 52a DH Nasan), it is impossible to effect Kidushin with one's brother's wife because Kidushin do not "take hold" ("Einam Tofsin") with an Ervah (see Insights to Yevamos 20:3).

(b)However, Chazal did enact a process called "Ma'amar" for a Yevamah, in which the Yavam can "effect Kidushin" with his Yevamah in a manner equivalent to Kidushei Kesef or Shtar in normal Kidushin. It is called Ma'amar since it is an institution of the Chachamim ("Ma'amar Chachamim" - HAGAHAH to SHULCHAN ARUCH Even ha'Ezer 170:2). They decreed that a Yavam should make "Kidushei Ma'amar" before he has relations with her for the sake of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a). Kidushei Ma'amar are like an introduction to the act of Yibum. If the Yavam decides not to go through with the Mitzvah of Yibum, he must give the Yevamah a Get to remove the status of Ma'amar. (The Gemara discusses whether this "Kidushin" is exactly similar to normal Kidushin, and may not be performed against the will of the woman, or if it is slightly similar to the Mitzvah of Yibum, and therefore may be preformed against her will - Yevamos 19b).

(c)Since Ma'amar does not effect a full acquisition of the Yevamah as the wife of the Yavam as does Yibum, the bond of Zikas Yibum between them still exists. Therefore, if the Yavam wishes to divorce the Yevamah after Ma'amar, a Get (bill of divorce) is not enough; he must perform Chalitzah in order to render her free to marry whomever she pleases, besides divorcing her with a Get. Thus, if the Yavam wants to "divorce" the Ba'alas ha'Ma'amar before Yibum, he must both give her a Get and perform Chalitzah.

(d)According to the conclusion of the Gemara (Yevamos 29b, as understood by most of the Rishonim), Beis Shamai disagrees with what has been presented above, and rules that Ma'amar effects a full acquisition of the Yevamah mid'Oraisa, not only mid'Rabanan. Reish Lakish presents his explanation of the Beraisa in our Gemara according to the opinion of Beis Shamai (TOSFOS DH Avad). According to some Amora'im, Beis Shamai even rules that if the Yavam wants to divorce the Yevamah after Ma'mar, a Get is enough and Chalitzah is not required (ibid.). (However, RASHI (Yevamos 29b DH Hashta) explains that even according to Beis Shamai, Ma'amar is only mid'Rabanan, see Insights ibid.) Other Tana'im are in doubt as to whether Ma'amar effects an marriage to the Yevamah mid'Oraisa or only mid'Rabanan (Rebbi Shimon, Yevamos 18b).

5)[line 19]בגיטאGITA (GET YEVAMIN)

(a)Just as Chazal enacted Kidushei Ma'amar for a Yevamah, so, too, they enacted a Get Yevamim.

(b)If one of the surviving brothers performed Kidushei Ma'amar with the Yevamah and then he decides to release her from the Zikas Yevamim through Chalitzah, he must give her a Get Yevamim besides the Chalitzah.

(c)If the Yavam gives a Get to the Yevamah without first having performed Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with her, and he must perform Chalitzah.

6)[line 22]שעמד בדיןSHE'AMAD B'DIN- where he went to court, to ascertain whether he would perform Yibum or Chalitzah

74b----------------------------------------74b

7)[last line]חבל עליך בן עזאיCHAVAL ALECHA, BEN AZAI- (said to himself) Woe unto you, Ben Azai!

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