YEVAMOS 37-40 - Dedicated by Andy & Nancy Neff in memory of Leah Miriam bat Yisroel -- Lucy Rabin. Beloved mother of Nancy Neff, Valerie, Doug and Andy Rabin, and wife of Sidney Rabin, Lucy Rabin was Nifteres last Thursday (14 Sivan).

[37a - 51 lines; 37b - 49 lines]

1a)[line 1]באורתאB'URTA- at night

b)[line 1]ובצפראUV'TZAFRA- and in the morning

2)[line 2]שריתו יהא רעוא דתשתרו אף תרבאSHARISU?! YEHEI RA'AVA D'SISHTERU AF TARBA!- you permitted [a Yevamah to remain married to a Kohen without requiring Chalitzah]? May it be [HaSh-m's] will that you [find a way to] permit [the consumption of] Chelev (forbidden fats)! I.e. Have you found a way to absolve the Kohen's wife of the need for Chalitzah, and as such she will not be prohibited to him?!

3)[line 11]קדשה בתוך שלשהKIDSHAH B'SOCH SHELOSHAH- if one betrothed a woman within three months [after her divorce from, or death of, her first husband]

4)[line 12]משמתינן ליהMESHAMTINAN LEI - we excommunicate him (SHAMTA / NIDUY / CHEREM)

(a)The following twenty-four people are placed into Niduy (excommunication) by Beis Din (SHULCHAN ARUCH Yoreh De'ah 334:43, based upon the RAMBAM Hilchos Talmud Torah 6:14):

1.One who denigrates a Talmid Chacham worthy of ruling on Halachic matters, even after his death

2.One who denigrates a messenger of Beis Din

3.One who defames another by calling him a slave

4.One who did not arrive in Beis Din when summoned

5.One who treats a Mitzvah - whether Biblical or Rabbinic in origin - with contempt

6.One who refuses to accept the verdict of Beis Din (until he complies)

7.One who retains that which damages others in his possession (until he removes it)

8.One who sells his property to a powerful Nochri (until he agrees to pay for all damages incurred by those who own the adjoining properties)

9.One who testifies against another in a Nochri court - causing that Jew to lose money - when the ruling does not conform with Torah law (until he makes restitution)

10.A Kohen, working as a butcher, who refuses to give Matnas Kehunah (the twenty-four priestly gifts; see Background to Megilah 28:1) to other Kohanim (until he agrees to do so)

11.One who refuses to observe the second day of Yom Tov outside of Eretz Yisrael

12.One who performs Melachah on Erev Pesach after midday

13.One who takes HaSh-m's name in vain or in an unnecessary vow

14.One who causes many people to eat Kodshim outside of the places in which it is permitted to eat

15.One who is the cause for many others to act in a way that brings about a Chilul HaSh-m (a desecration of HaSh-m's name)

16.One who makes his own calculation of the lunar calendar, and publicizes it outside of Eretz Yisrael

17.One who causes another to sin

18.One who prevents the public from performing a Mitzvah

19.A butcher who sold a non-kosher animal

20.A butcher who did not have a Chacham check his knife before slaughtering (this no longer applies)

21.One who willfully arouses his desires (ha'Maksheh Atzmo la'Da'as)

22.One who enters into a business partnership with his ex-wife (since this puts them into contact with each other)

23.A Talmid Chacham with a bad reputation

24.One who places another into Niduy unjustly

(b)One who is placed into Niduy remains in that status for at least thirty days in Eretz Yisrael, and seven days outside of Eretz Yisrael. If the Menudeh does not repent after this period, then he is placed into Niduy for a second thirty-day period. If he still does not repent, then he is then put into Cherem. Cherem is a state of excommunication whose laws are more stringent than those of Niduy.

(c)One may not approach to within four Amos of a Menudeh (regarding his wife and other family members, See Insights). He may not eat or drink with others, nor may he be counted toward a Minyan, Zimun, or any other Mitzvah that requires a quorum of ten men. He may not wash his clothing, shave or cut his hair, nor wear shoes. He may, however, both learn and teach Torah, as well as engage in work. A Muchram, by contrast, must learn by himself, and may only engage in the minimum amount of work necessary to provide him with his needs for the day. Others may speak with a Menudeh or Muchram unless this is specifically prohibited by Beis Din.

(d)Once the period of Niduy or Cherem is up, the Menudeh or Muchram may not rejoin society until he is expressly permitted by either three others or one Talmid Chacham who is an expert in these matters. (SHULCHAN ARUCH 334:27 and REMA 334:24)

5)[line 13]עירוקיה מסתייהIRUKEI MISTAYEI- that which he left suffices for him (to show that he does not intend to marry her before three months have elapsed, and therefore there is no reason for Beis Din to force him to give a Get)

6)[line 20]עוברה ניכר לשליש ימיהUBRAH NIKAR LI'SHELISH YAMEHA- her pregnancy is recognizable at one-third of her days of gestation (i.e., at three months)

7)[line 22]איתרע ליה רובאISRA LEI RUBA- the principle of Rov here cannot be applied

8a)[line 28]ראשוןRISHON- the first [son born to the Yevamah, who may be the child of either the dead brother or the Yavam]

b)[line 28]ושניV'SHENI- and the second [son born to the Yevamah, who is definitely the son of the Yavam]

9)[line 35]ממזר ודאי מספקMAMZER VADAI MI'SAFEK- he has the status of a definite Mamzer with regard to the fact that it is permitted for him to marry a Mamzeres, because of the doubt

10)[line 38]ודאן בודאןVADA'AN B'VADA'AN- a definite Mamzer may marry a definite Mamzeres

11)[line 40]שתוקיSHESUKI

A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer. The term is derived from the word Shesikah, quiet, since when he calls for his father, his mother tells him to be quiet.

12)[line 40]ואסופיASUFI

An Asufi is unaware of his (or her) maternal and paternal lineage, and the possibility exists that he is a Mamzer. The term is derived from the word "le'Esof," to gather or bring in, since he was brought in from the streets not knowing the identity of his parents.

13)[line 41]וכותיV'KUSI (KUSIM)

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).

(b)After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the Rambam (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)

(c)Even though the Kusim kept many Mitzvos of the Torah down to their last detail, there were other Mitzvos that they did not keep at all. For example, the Kusim did not refrain from causing others to sin (which is prohibited by the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling block before the blind" - Vayikra 19:14).

(d)One of the Halachos about which the Kusim were not careful was the requirement of Kidushin (betrothal) before marriage. Kidushin forms a bond of husband and wife that is only severed by a Get (bill of divorce), but Kusim would not give a Get after effecting Kidushin with a woman. It is possible that one Kusi effected Kidushin with a woman and another Kusi married her before she received a Get from her first husband, a situation that led Chazal to fear that many of their offspring might be Mamzerim (RASHI).

14)[line 43]שנהSHANAH- he taught

15)[line 43]עשרה יוחסין עלו מבבלASARAH YUCHASIN ALU MI'BAVEL- ten classes of lineage came with Ezra from Bavel

16)[line 44]חלליCHALALEI

(a)The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute ("Zonah" - see Background to Yevamos 59:22), or Chalalah (Vayikra 21:14). An ordinary Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The prohibited union also renders the woman a Chalalah. The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.

(b)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.

17)[line 44]חרוריCHARUREI- freed slaves

18)[line 44]נתיניNESINEI (NESINIM)

(a)In the times of Yehoshua, the Giv'onim (members of the Chivi nation, one of the seven nations whom the Jewish people were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish people. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ("va'Yitenem..." - "And he appointed them...," Yehoshua 9:27) to perform the tasks of chopping wood and drawing water.

(b)The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. The Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak, and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

19)[line 45]וכולן מותרין לבא זה בזהV'CHULAN MUTARIM LA'VO ZEH BA'ZEH- and all of these groups are permitted to marry among themselves

20)[line 48]כי היכי דלא תקשי הלכתא אהלכתאKI HEICHI D'LO TIKSHI HILCHESA A'HILCHESA- so that you will not have a contradiction of one Halachah on another Halachah


21)[line 2]דכל ספיקאD'KOL SEFEIKA- that every Safek Mamzer is considered like a Vadai Mamzer

22)[line 6]מאיזה מהן קבלהME'EIZEH MEHEN KIBLAH- from which one she became pregnant

23)[line 8]ממזריןMAMZERIM- illegitimate offspring of those whose union is punishable by Kares (see Background to 8:31), who may not marry a Jew or Jewess of pure lineage

24)[line 8]"ומלאה הארץ זמה""... U'MAL'AH HA'ARETZ ZIMAH."- "… and fill the land with harlotry." (Vayikra 19:29)

25)[line 9]הכי קאמר זו מה היאHACHI KA'AMAR: ZU MAH HI- this is what it is saying: what is this; i.e., a Safek Mamzer

26)[line 12]יזדווגו זה לזהYIZDAVGU ZEH LA'ZEH- [a man should not marry women in different cities, lest his children] marry each other

27)[line 14]איקלעIKLA- he traveled

28)[line 14]לדרדשירL'DARDESHIR- to Weh-Ardashir or Ardjir, formerly Seleucia, ancient city of Mesopotamia (present-day Iraq). Seleucia was founded by King Seleucus I, one of the generals of Alexander the Great, sometime after 311 BCE, on the west bank of the Tigris River northeast of Babylon, which was despoiled to supply materials for its construction. Controlling the navigation of the Tigris and Euphrates rivers as well as the commerce of Mesopotamia, the city rapidly rose to wealth and splendor, becoming a famous center of Hellenistic civilization. When in the 2nd century BCE Mesopotamia came under the rule of Parthia, Seleucia continued as a great commercial city and in the 1st century CE had a population of 600,000. The city was partly burned by the Roman emperor Trajan in 116 CE, and in 164 CE it was completely destroyed by the Roman general Avidius Cassius in his campaign against the Parthians. The destruction of Seleucia marked the end of Hellenistic civilization in Mesopotamia. Ardashir I, king of the New Persian Empire (224-241 CE) and founder of the Sassanid Dynasty, built Weh-Ardashir on the ruins of Seleucia.

29)[line 14]מכריזMACHRIZ- he announced

30)[line 14]מאן הויא ליומאMAN HAVYA L'YOMA?- who is willing to be my wife for a day?

31)[line 15]לשכנציבL'SHECHANTZIV- to a place in Bavel, possibly Elsib, south of Baghdad

32)[line 16]דפקיע שמייהוD'PEKI'A SHEMAIHU- that their names are well known by everyone

33)[line 17]תבעוה לינשא ונתפייסהTAV'UHA L'HINASEI V'NISPAISAH- if a woman was asked to be married and she agreed

34)[line 18]שבעה נקייםSHIV'AH NEKIYIM- seven clean days (without seeing blood)

35a)[line 19]שלוחייהו הוו משדריSHELUCHAIHU HAVU MESHADREI- the Chachamim would send their messengers (at least seven days in advance)

b)[line 19]ומודעי להוU'MOD'I LEHU- to let their intended brides know [that they would be coming]

36)[line 20]יחודי בעלמא הוא דמייחדי להוYICHUDEI B'ALMA HU D'MEYACHADEI L'HU- they would only be secluded with the women [but not have Bi'ah with them]

37)[line 21]אינו דומה מי שיש לו פתEINO DOMEH MI SHE'YESH LO PAS B'SALO...- one who has bread in his basket is unlike someone that does not; i.e., since they could have Bi'ah if they wanted, they did not have thoughts about this

38)[line 24]"אל תחרש על רעך רעה והוא יושב לבטח אתך""AL TACHAROSH AL RE'ACHA RA'AH, V'HU YOSHEV LA'VETACH ITACH."- "Do not plot evil against your neighbor, seeing as he dwells securely with you." (Mishlei 3:29) - The Gemara interprets this verse as referring to one's wife.

39)[line 25]ספקSAFEK- a doubt [whether he is a nine-month baby from the deceased or a seven-month baby from the Yavam]

40)[line 26]בנכסי מיתנאB'NICHSEI MISNA- with the properties of the dead brother

41)[line 27]את בראי דידי אתAT BERA'I DIDI AT- you are my son

42)[line 28]המוטלHA'MUTAL- money that was placed in doubt

43)[line 29]ההוא גבראHA'HU GAVRA- that person

44)[line 30]ומנתאU'MANASA- and a[n equal] portion

45a)[line 31]הוא אינו יורש אותםHU EINO YORESH OSAM- he does not inherit them

b)[line 32]והם יורשין אותוV'HEM YORSHIN OSO- and they inherit him

46)[line 32]אייתי ראיה ושקולAISI RE'AYAH U'SHKOL- bring proof [that you are his son] and then you may take

47)[line 33]אייתו ראיה ושקולוAISU RE'AYAH U'SHKULU- bring proof [that I am not his son] and then you may take

48)[line 34]אידי ואידי ספקIDI V'IDI SAFEK- both this one and that one are a doubt

49)[line 35]אייתי ראיה דאחונא את ושקולAISI RE'AYAH D'ACHUNA AT U'SHKOL- bring proof that you are our brother and then you may take

50)[line 36]לבתר דפלג יבם בנכסי מיתנאL'BASAR D'PALAG YAVAM B'NICHSEI MISNA- after the Yavam divided (with the Safek brother) the properties of the deceased brother

51)[line 37]מה נפשייכוMAH NAFSHAICHU- what difference does it make to you

52a)[line 39]קם דינאKAM DINA- the original ruling stands; i.e., the properties of the first brother who died, which were divided, remain in the hands of the heirs to whom they were originally allotted, and the Safek has no claim

b)[line 39]הדר דינאHADAR DINA- the original ruling is judged anew; i.e., the Safek's claim is valid

53)[line 40]ואבדה לו דרך שדהוV'AVDAH LO DERECH SADEIHU- and he lost the path to his field (his neighbor took it)

54)[line 41]ילך בקצרהYELECH BI'KETZARAH- let him take the shorter route

55)[line 41]יפרח באוירYIFRACH BA'AVIR- he must fly in the air; i.e., they may push him off

56)[line 42]והוינן בהHAVINAN BAH- and we asked about it

57)[line 43]שהקיפוה ארבעה בני אדם מארבע רוחותSHE'HIKIFUHA ARBA'AH BNEI ADAM ME'ARBA RUCHOS- he was surrounded by four neighbors on the four sides of his field

58)[line 44]בארבעה דאתו מכח ארבעהB'ARBA'AH D'ASU MI'KO'ACH ARBA'AH- in a case of four people who came from the power of four others (that is, the surrounding fields were originally owned by four different owners, who sold their fields to four new owners)

59)[line 46]לאי שתקת שתקתL'IY SHATKAS SHATKAS- if you would be quiet, you would be quiet

60a)[line 47]מהדרנא שטרא למרייהוMEHADRANA SHETARA L'MARAIHU- I will return the deeds [of my fields] to their original owners

b)[line 47]ולא מצית לאשתעויי דינא בהדייהוV'LO MATZIS L'ISHTA'UYEI DINA BAHADAIHU- and you will not be able to extract anything from them in court

61a)[line 47]ר' אבא דאמר כרבנןREBBI ABA D'AMAR K'RABANAN- Rebbi Aba said like the Rabanan [that the buyer may say: "Accept my terms, and if you protest, I will return the deeds to the original owners, and you will be unable to force them to give you a path]

b)[line 48]ור' ירמיה דאמר כאדמוןV'REBBI YIRMEYAH D'AMAR K'ADMON- and Rebbi Yirmeyah said like Admon [that, in any case, the path to his field is in the possession of the buyer]