1)

CHALITZAH PESULAH (cont.)

(a)

(Shmuel): One brother may do Chalitzah to all of them.

(b)

Question: Shmuel requires a proper Chalitzah!

1.

(Shmuel): If (two sisters, each with a Tzarah, fell from two brothers to one surviving brother and) he did Chalitzah to the sisters, their Tzaros are not exempted.

2.

If (here) Shimon could do proper Chalitzah (i.e. after Reuven did Chalitzah with the first sister), is it enough for Reuven to do Chalitzah Pesulah?!

(c)

Answer #1: Shmuel teaches that one does Chalitzah to all of them, i.e. to the first and third.

(d)

Objection: He said 'to all of them'!

(e)

Answer: Since he does Chalitzah to the majority, this is called all of them.

(f)

Answer #2 (to Question (b)): Shmuel requires proper Chalitzah only to exempt the Tzarah, but the Choletzes herself is exempted in any case.

(g)

(Shmuel): (In the above case when sisters with Tzaros fell to one brother), if he did Chalitzah to the sisters, the Tzaros are not exempted. If he did Chalitzah to the Tzaros, the sisters are exempted;

(h)

(If Tzaros fell to a Yavam and he gave a Get or Ma'amar to one,) if he did Chalitzah to the Yevamah who received a Get or Ma'amar, her Tzarah is not exempted;

(i)

If he did Chalitzah to the Tzarah, the Yevamah who received a Get or Ma'amar is exempted.

(j)

Question: When he does Chalitzah to the sisters, the Tzaros are not exempted because the Chalitzah is Pesulah. Through Zikah, each sister is like Achos Ishto;

1.

Also when he does Chalitzah to the Tzaros the sisters should not be exempted, because through Zikah each is the Tzarah of Achos Ishto!

(k)

Answer #1: Shmuel holds that Ein Zikah.

1.

Objection: Shmuel (18b) taught that Yesh Zikah!

2.

Answer: Here Shmuel teaches according to the opinion that Ein Zikah.

3.

Question: If so, when he does Chalitzah to the sisters (Leah and then Rachel), why aren't the Tzaros exempted?

i.

Granted, Rachel's Tzarah is not exempted. Since he already did Chalitzah to Leah, Rachel's Chalitzah is Pesulah.

ii.

However, Leah's Chalitzah was valid, so her Tzarah should be exempted!

4.

Answer: Indeed, she is exempted! Shmuel said that the Tzaros are not exempted, i.e. Rachel's Tzarah.

5.

Objection: He said 'the Tzaros (plural)'!

6.

Answer: In all such cases, Rachel's Tzarah is not exempted.

7.

Question: If so ('does not exempt' means that only one is exempted), when he says that Chalitzah of the Tzaros (e.g. Leah's and then Rachel's) exempts the sisters, he must mean both sisters. However Rachel is not exempted through her Tzarah's Chalitzah!

i.

(Mishnah): A man is forbidden to the Tzarah of the relative of his Chalutzah (the woman he did Chalitzah with. Therefore, the Chalitzah of Rachel's Tzarah is Pesulah!)

8.

Answer: Shmuel taught that if he started doing Chalitzah with (one of) the sisters, he does not finish with the Tzaros (it is not enough to do Chalitzah to her sister's Tzarah), because a Mishnah forbids a man to Tzaras Krovas Chalutzaso;

9.

If he started doing Chalitzah with (one of) the Tzaros (e.g. Leah's), he may finish even with the sisters (i.e. Rachel), because a Mishnah teaches that a man is permitted to Krovas Tzaras Chalutzaso.

(l)

Answer #2 (Rav Ashi): We need not change Shmuel's words. (When he does Chalitzah to the sisters, no Tzarah is exempted.)

1.

(Even though Yesh Zikah,) the Chalitzah of Rachel's Tzarah is considered a proper Chalitzah, since Zikah is not so strong to make the Tzarah like Ervah. (Chachamim decreed only about Achos Zekukaso.)

(m)

Support (Beraisa): If he did Chalitzah to the sisters, the Tzaros are not exempted.

(n)

Inference: Chalitzah to the Tzaros would exempt the sisters.

1.

Suggestion: This is because Yesh Zikah, but Zikah is not so strong to make the Tzarah like Ervah.

(o)

Rejection (Rav Aba bar Mamal): The Beraisa is like Beis Shamai.

1.

(Mishnah): Beis Shamai permit the Tzaros to the brothers.

2.

Question: If so, even Yibum should be allowed!

3.

Answer: The Beraisa is like R. Yochanan ben Nuri, who suggested that we enact that all Tzaros do Chalitzah but not Yibum.

4.

Objection: We learned that they were not able to enact this in time!

5.

Answer (Rav Nachman bar Yitzchak): Later, it was enacted.

27b----------------------------------------27b

2)

TO WHICH YEVAMAH SHOULD CHALITZAH BE DONE? [line 1]

(a)

Question: If one Yevamah received a Get and another received a Ma'amar, which Chalitzah is better (to exempt the other)?

1.

Perhaps (Chalitzah of) the recipient of the Get is better, since she started being cast off;

2.

Or, perhaps the recipient of the Ma'amar is preferable, since she is closer to doing Yibum!

(b)

Answer (Rav Ashi - Mishnah): R. Gamliel agrees that a Get takes effect after a Ma'amar, and a Ma'amar after a Get.

1.

If a Get were more potent, a Ma'amar would not take effect after it;

2.

If a Ma'amar were more potent, a Get would not take effect after it!

3.

Conclusion: We must say that they are equal. (Rashi - either exempts the other; Ramban - neither exempts the other; Tosfsos - according to Rav Ashi above, either exempts)

(c)

(Rav): If Rachel fell to Yibum to Levi and then Leah fell to him and he did Chalitzah to one of them, she is permitted. If he then did Chalitzah to the other, she is permitted;

(d)

If (Chalitzah was not done and) Rachel died, Leah is permitted to him;

1.

All the more so, if Leah died, Rachel is permitted, for she is a Yevamah who was permitted, became forbidden, and the Isur went away, so she is permitted again.

(e)

(R. Yochanan): If Leah died, Rachel is permitted. If Rachel died, Leah is forbidden;

1.

Any Yevamah whom we cannot apply "Yevamah Yavo Aleha" when she fell to Yibum (i.e. she was forbidden) is like the widow of a brother who had children (she may never do Yibum).

(f)

Question: Rav agrees with this!

1.

(Rav): If we cannot apply "Yevamah Yavo Aleha" to a Yevamah when she falls to Yibum, she is like the widow of a brother who had children.

(g)

Answer: Rav said this only regarding the Isur mid'Oraisa of Achos Ishto. Regarding Zikah mid'Rabanan, we are not stringent.

3)

CAN WE EXPLAIN OUR MISHNAH? [line 24]

(a)

Question (R. Yosi bar Chanina - Mishnah): If two of four brothers were married to sisters, and the two died, the sisters do Chalitzah, not Yibum.

1.

We should tell one brother do Chalitzah with the second sister to fall. The first Yevamah was permitted, forbidden and permitted again, so she may do Yibum!

(b)

Answer (R. Yochanan): I do not know who taught that Mishnah (it is not a valid Mishnah).

(c)

Suggestion: Perhaps the Mishnah means that one does Chalitzah!

(d)

Rejection: It says 'Choltzos' (plural).

(e)

Suggestion: Perhaps this alludes to all such cases (the second sister to fall does Chalitzah)!

(f)

Rejection: It says these do Chalitzah!

(g)

Suggestion: Perhaps it discusses when the first to fall did Chalitzah first!

(h)

Rejection: The Mishnah says that they do Chalitzah, i.e. l'Chatchilah.