YEVAMOS 89 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

[89a - 32 lines; 89b - 47 lines]

1a)[line 11]תנאי כתובה ככתובה דמיTENA'EI KESUVAH KI'CHESUVAH DAMI- The Tena'ei Kesuvah (see next entry) have the same status as the Kesuvah itself, namely, that the woman of our Mishnah loses her rights to the Tena'ei Kesuvah, also.

b)[line 11]תנאי כתובהTENA'EI KESUVAH

(a)There are number of stipulations of marriage which are imposed by Beis Din and some of which are written explicitly in the Kesuvah (the Jewish marriage contract). These are in addition to the basic obligations a husband has to his wife according to the Torah. Those stipulations that obligate the husband to his wife are:

1.A husband must redeem his wife if she is a taken captive. If he is not a Kohen, he must take her back into his house; if he is a Kohen he must redeem her and divorce her so that she can remarry. He may not (divorce her and) give her the money of the Kesuvah so that she should redeem herself.

2.As long as they are married, he must provide his wife with all the medical care that she needs.

3.If she dies before her husband, her sons inherit the full value of her Kesuvah when he dies (and not the sons of his other wives), aside from the remainder of the estate (which is split equally between all of the sons). This is called "Kesuvas Benin Dichrin."

4.After he dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they get married.

5.If he dies before his wife, his wife must be allowed to live in the house in which he lived and must be provided for by his household until she remarries. (This stipulation was only made in Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves the right to give her the value of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos 4:7-12)

(b)A husband is obligated to keep these conditions even if he omitted them from the Kesuvah, or did not give his wife a Kesuvah.

2)[line 18]ההיא גריוא הדר לטיבליהHA'HI GERIVA HADAR L'TIVLEI- that Se'ah [of Terumah] returns to its original status of Tevel

3)[line 24]קישותKISHUS- cucumber

4)[line 24]אבטיחAVATI'ACH- melon

5)[line 29]למיטעמיהL'MIT'AMEI- to taste it

6)[line 30]משאין נקובMI'SHE'EIN NAKUV- from a flowerpot without a drainage hole (that does not receive sustenance from the ground underneath it, and from which the obligation to separate Terumos and Ma'asros is only mid'Rabanan)

7)[line 31]בתרי מאני צייתBI'TREI MANEI TZAYIS- [if the produce was] in two different flowerpots he will listen to you [to take Terumah a second time from the other pot]

89b----------------------------------------89b

8)[line 7]חלבוCHELBO- its choicest (lit. fattest) part

9)[line 15]וכי ב''ד מתנין לעקור דבר מן התורהV'CHI BEIS DIN MASNIN LA'AKOR DAVAR MIN HA'TORAH?!- can Beis Din make a stipulation to uproot anything from the Torah?!

10)[line 25]משתעמוד בקומתהMISHE'TA'AMOD B'KOMASAH- (lit. when she stands to her full height) when she matures, and pubic hairs grow after she reaches the age of 12

11)[line 27]ומיטמא להMITAMEI LAH

(a)The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).

(b)If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else will handle her burial, and therefore she is like a Mes Mitzvah; see Insights.)

(c)The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos, and Sukos), every Jew, male or female, is commanded to be Tahor - RASHI, Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but to all Jews.

12)[line 28]בגינוBEGINO- on account of him

13)[line 38]שהפקר ב''ד היה הפקרHEFKER BEIS DIN HAYAH HEFKER

(a)The Chachamim, if they see a need for it, may declare any property Hefker, thus removing it from the possession of its owner, as a fine or for any other reason they see fit. Hefker Beis Din gives the property the status of Hefker for all intents and purposes, even exempting it from Ma'asros if it is a food item.

(b)The Rishonim and Acharonim argue whether as a result of Hefker Beis Din the property remains without an owner until it reaches someone's possession, or whether the Rabanan have the power to decree that the property leave one person's possession and enters the possession of another person.

14)[line 39]"וכל אשר לא יבוא לשלשת הימים כעצת השרים והזקנים יחרם כל רכושו והוא יבדל מקהל הגולה""V'CHOL ASHER LO YAVO LI'SHELOSHES HA'YAMIM BA'ATZAS HA'SARIM VEHA'ZEKEINIM, YOCHORAM KOL RECHUSHO V'HU YIBADEL MI'KEHAL HA'GOLAH" - "And whoever does not come in three days' time in accordance with the plans of the leaders and the elders will have his property confiscated and he will be segregated from the congregation of the exile." (Ezra 10:8) (EZRA'S ULTIMATUM)

(a)Upon discovering that those who had returned from Bavel had married women from the various nations of Kena'an as well as Amoniyos and Moaviyos, Ezra was extremely distraught. These people, realizing to some degree the severity of their actions, undertook to separate from these women. Ezra seized upon this opportunity to bind the leaders of the Kohanim, Leviyim, and Yisraelim in an oath that they would abide by their resolution.

(b)To further insure that the people would not again sin in such a fashion, Ezra desired to severely lecture everyone in person about the gravity of the Aveirah. "A proclamation was issued in Yehudah and Yerushalayim for all of the people of the exile to assemble in Yerushalayim: And whoever does not come in three days' time in accordance with the plans of the leaders and the elders will have his property confiscated and he will be segregated from the congregation of the exile."

15)[line 46]קורא ואחרים עונין אותוKOREI V'ACHERIM ONIN OSO- (a) if a Kohen who finds a corpse calls out and others answer him (who are coming to bury the corpse) (SMAG, RAN and SHULCHAN ARUCH Yoreh De'ah 374:3 based on the Yerushalmi that is brought in Bi'ur ha'Gra); (b) had the dead person been alive and have called out, others from the city (i.e. his heirs and relatives) would have answered him (MAHARSHAL)

16)[last line]קריא ולא ענו להKARYA V'LO ANU LAH- (a) it is similar to the case of Mes Mitzvah, where the Kohen calls out and no one answers him [to help him bury the dead] (based on (a) in the previous entry; the words "Karya" and "Lah," which use the female gender, do not translate well according to this explanation. However, it seems that TOSFOS DH Keivan had a different Girsa) (b) it is as if she calls out and no one answers her (based on (b) in the previous entry)