[95a - 42 lines; 95b - 38 lines]

1)[line 30]נגדיהNAGDEI- he sentenced him to Malkus (lashes)

2)[line 31]אסריתה עלך איסורא דעלםASRITAH ALACH ISURA D'ALAM- I would have forbidden her (your wife) to you forever

3)[line 37]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).

4)[line 39]אין מאמר אחר מאמרEIN MA'AMAR ACHAR MA'AMAR- Ma'amar by one Yavam has no effect once Ma'amar has been performed by another Yavam

5)[line 39]נתן לה גטNASAN LAH GET- that is, it is possible to question Reish Lakish's explanation of the Beraisa because the second Yavam can achieve the same results of prohibiting the Yevamah to the Yavam who performed Ma'amar without having relation with her. By giving the Yevamah a Get or performing Chalitzah with her, she becomes prohibited to the first Yavam, a Halachah to which even Raban Gamliel agrees.

6)[line 40]סוטהSOTAH

(a)A Safek Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Setirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (c), below).

(b)The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.

(c)An earthenware jug is then filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, causing the ink to dissolve. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and had been defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she were faithful to her husband, she would remain unharmed and would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.

7)[line 40]בא עליה בעל אסרה עליה דבועלBA ALEHA BA'AL ASRAH ALEI D'BO'EL- when the husband lives with her (after she committed adultery), she can no longer become permitted to the alleged adulterer, since she may no longer drink Mei Sotah to vindicate herself after unlawfully living with her husband - TOSFOS DH Ilema (however, see Insights)


8)[line 1]אשת אישESHES ISH- that is, Eshes Ish is considered to be a "weaker" Isur than Achos Ishto, since an Eshes Ish could become permitted to marry others even while her husband (who is the cause of her prohibition to the world) is alive - by becoming divorced. Achos Ishto, on the other hand, can only become permitted after one's wife dies. (Even though living with an Eshes Ish is certainly a "stronger" Isur, in the sense that "Nitma ha'Guf" and "Isura b'Rov," nevertheless the Gemara accepts this Kal va'Chomer - see Tosfos, and Insights.)

9)[line 29]אשתו וגיסו דליכא למימר תנאה הוה ליה בנשואין דאינו פוסל על ידי אחר אינו פוסל על ידי עצמוISHTO V'GISO D'LEIKA L'MEIMAR TENA'AH HAVAH LEI B'NISU'IN D'EINO POSEL AL YEDEI ACHER, EINO POSEL AL YEDEI ATZMO- Reuven is married to Rachel and her sister Leah is married to Shimon. Rachel and Shimon travel overseas and are thought to be dead, whereupon Reuven marries Leah. Since Leah is prohibited to Reuven with an Isur Kares ("Achos Ishto") as long as Reuven's wife (Rachel) is alive, everyone knows that Kidushin do not take effect between Reuven and Leah. When Shimon returns people will not say that "this one (Shimon) divorced her, and this one (Reuven) married her." Therefore, Reuven does not have to give a Get to Leah, and his own wife does not become Asur to him as "Achos Gerushaso." (See Chart #29.)

10)[line 36]כאשת איש ואסורה ליבםK'ESHES ISH V'ASURAH LA'YAVAM- the word "Yavam" refers to the first brother who was Mekadesh the woman