YEVAMOS 88 (4 Sivan) - Dedicated by Rabbi Kornfeld in memory of the members of his father's family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His father's mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.

[88a - 32 lines; 88b - 43 lines]

1)[line 8]לא איתחזק איסוראLO ISCHAZEK ISURA- it was never established that the meat was prohibited

2)[line 9]ואין דבר שבערוה פחות משניםV'EIN DAVAR SHEB'ERVAH PACHOS MI'SHENAYIM- that is, this is the second objection raised by the Gemara to the comparison of our Mishnah with the case of the piece of fat in which there is a doubt whether it is permitted fat or Chelev (forbidden fat). The RAMBAN DH Mi Dami states that the Gemara never answers this question. TOSFOS DH Midi writes that the Gemara has an answer for this question but does not discuss it here.

3)[line 15]וקונמותV'KONAMOS - and items that have been forbidden by a Neder

The laws of Nedarim (vows) are described in the Torah in Bamidbar 30:2-17. If a person makes a vow not to eat a certain food and he eats from that food after being warned by two witnesses not to, he gets Malkus.

4)[line 19]קדושת דמיםKEDUSHAS HA'GUF / KEDUSHAS DAMIM

There are two classifications into which all items consecrated to Hekdesh fall. These are:

(a)KEDUSHAS HA'GUF - that which holds intrinsic Kedushah, such as an animal fit to be offered upon the Mizbe'ach (an animal that has Kedushas ha'Guf cannot be redeemed without a Mum), or a utensils fit to be used in the performance of the Avodah in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5). This is also termed KODSHEI MIZBE'ACH.

(b)KEDUSHAS DAMIM - that which is not fit to be used in its present state in the Beis ha'Mikdash, but whose value is consecrated to Hekdesh (e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value (even before the first one develops a Mum)). Such items are sold, and the proceeds go toward any day-to-day needs of Hekdesh. This is also termed KODSHEI BEDEK HA'BAYIS.

5)[line 20]לאיתשוליL'ITSHULEI ALEI (HETER NEDARIM)

When a person makes a Neder (or designates Chalah, Terumah, or Kodshim) or Nezirus, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact.

6)[line 21]יש מעילה בקונמותYESH ME'ILAH B'KONAMOS

(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal l'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements...and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.

(b)If someone benefited from Hekdesh intentionally, he receives Malkus and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

(d)There is a Machlokes Tana'im (Nedarim 35a) as to whether a person who makes a vow not to benefit from a certain food and he then benefits from the food transgresses the prohibition of Me'ilah or not.

7)[line 23]דרכיב להו אכתפיהD'RACHIV ALEI B'CHASPEI- (lit. that is riding on his shoulder) that is associated [with the transgression of one's Konam]

8)[line 26]עיגונאIGUNA- the state of a woman who cannot get married (because it is not known if her husband is still alive)

9)[line 28]מחכו עליה במערבאMECHACHU ALEI B'MA'ARAVA- in Eretz Yisrael they laughed at Rav's ruling

10)[line 30]מכי נפק ועד השתאMI'KI NAFAK V'AD HASHTA- from the time he left (lit. went out) until now

11)[line 30]ואתוןV'ATUN- and you (the two witnesses who testified that the husband was dead, who do not recognize him upon his return)

12)[last line]בחתימת זקןCHASIMAS ZAKAN- the full development of the beard


13)[line 1]באשם תלויB'ASHAM TALUY (ASHAM TALUY)

The Korban Asham Taluy is a ram worth two Sela'im that is offered when a person is in doubt as to whether he committed a transgression for which he must bring a Korban Chatas (Vayikra 5:17-19). If he later discovers that he did indeed sin, he must offer a Korban Chatas; the Asham Taluy only provides temporary atonement during the period of doubt.

14)[line 18]דפנוDAFNO- smite him (the Kohen) [and force him to behave according to the standards that the Torah requires of Kohanim]

15)[line 29]כל מקום שהאמינה תורה עד אחד הרי כאן שניםKOL MAKOM SHE'HE'EMINAH TORAH ED ECHAD HAREI KAN SHENAYIM

(a)Although the Torah requires two witnesses to prove a fact in Beis Din, there are three places where a single witness suffices to provide evidence: 1. to prove that a Safek Sotah was unfaithful to her husband after the steps of Kinuy and Setirah have taken place (Sotah 31a, see Background to Yevamos 85:17); 2. to prove the identity of a killer in order to exempt the city closest to a disclosed corpse from bringing an Eglah Arufah (Sotah 47a, see Background to Ta'anis 7:13); 3. in order to testify that a woman's husband died so that she may be able to remarry (Yevamos 117b). (It is not clear whether the latter case is mid'Oraisa or mid'Rabanan; see Insights.)

(b)In all of these places the witness does not have to be a male who is fit to testify; a woman or a slave who are Pesulim l'Edus may also testify.

(c)If one witness testifies and is contradicted by another single witness, we do not consider the case a Safek. Rather, the first witness is believed, because "any place where one witness is believed he had the authority of two witnesses" with regard to refuting the testimony of the witness who follows him.

(d)If the single witness is contradicted by more than a single witness, sometimes we decide in favor of those who contradict him because they are the majority. See Chart #26.

16)[line 31]הלך אחר רוב דעותHALECH ACHAR ROV DE'OS- (According to the Lishna Kama of the Gemara, this principle either is in disagreement with Ula's principle, (Ula said that a single witness is believed like two), or Ula's principle was said only when the single witness was contradicted by another single witness - ME'IRI)

17)[line 37]כפלגא ופלגא דמיK'FALGA U'FALGA DAMI- According to Rashi, this means that b'Di'eved, if she already married based on the testimony of the first witness, she does not need to separate from her new husband based on the new testimony. (RASHI DH k'Palga u'Palga Dami. According to the RAMBAM Hilchos Gerushin 12:20, this is true only if she married one of the witnesses, see NIMUKEI YOSEF.)

18)[line 42]מחזיר גרושתו משנתארסהMACHZIR GERUSHASO MISHE'NISARSAH

(a)It is forbidden for any Jew to remarry his wife after divorcing her, if she married someone else in the interim (who subsequently divorced her or died), as the Torah states, "Lo Yuchal Ba'alah ha'Rishon Asher Shilechah, Lashuv l'Kachtah..." (Devarim 24:4). This Isur applies only if she was married after the initial divorce; if she was raped, her ex-husband may remarry her.

(b)The Tana'im argue as to whether the ex-husband is prohibited from remarrying her if she became engaged (but not married) to someone else after the initial divorce (Yevamos 11b).