1)

DOES MA'AMAR WORK AFTER CHALITZAH?

(a)

Opinion #3 (Rava): The case is, he said 'be Mekudeshes to me with Zikas Yevamin';

1.

Rebbi holds that Yesh Zikah. Chalitzah uprooted the Zikah;

2.

Chachamim hold that Ein Zikah. Just like Kidushin 'with Zikas Yevamin' works before Chalitzah, it works after Chalitzah!

(b)

Objection (Rav Sharbiya): After a proper Chalitzah, all agree that Kidushin 'with Zikas Yevamin' would not work!

(c)

Opinion #4 (Rav Sharbiya): Rather, they argue about after a Chalitzah Pesulah. Rebbi holds that a Chalitzah Pesulah exempts; Chachamim hold that it does not.

(d)

Objection (Rav Ashi): All hold that a Chalitzah Pesulah does not exempt!

(e)

Opinion #5 (Rav Ashi): Rather, they argue about whether or not Chalitzah can be made conditional. Chachamim hold that it can; Rebbi holds that it cannot (the Tenai is Batel, and the Chalitzah is valid in any case.)

(f)

Objection (Ravina): All hold that Chalitzah can be made conditional!

(g)

Opinion #6 (Ravina): The case is, Chalitzah was conditional without a Tenai Kaful (he did not explicitly say that if the condition is not fulfilled the Chalitzah will be Batel). Chachamim do not require a Tenai Kaful. Rebbi requires a Tenai Kaful (without it, the Chalitzah works unconditionally).

(h)

(Mishnah): If he did Chalitzah, and gave a Ma'amar, or a Get, or had Bi'ah (nothing takes effect after Chalitzah).

(i)

Question: Why doesn't the Mishnah also say that nothing takes effect after Bi'ah?

(j)

(Abaye and Rava): Indeed, the text should say so (and we know that likewise, nothing takes effect after Chalitzah!

1.

Our Tana prefers to teach that nothing takes effect after Chalitzah, since this permits her to marry others. (Tosfos Yeshanim - according to our text, there is no Machlokes Tana'im. Abaye and Rava corrected the text! Rather, the proper text of the Gemara does not cite Abaye and Rava. Rather, the Gemara cites the Tosefta that ends 'nothing takes effect after Bi'ah'.)

2)

THE CASE OF TWO YEVAMOS

(a)

(Mishnah): This applies when there is one Yavam, whether there is one Yevamah or two.

(b)

Our Mishnah is unlike Ben Azai.

1.

(Beraisa - Ben Azai): A Ma'amar takes effect after a Ma'amar when there are two Yevamim and one Yevamah, but not when there are two Yevamos and one Yavam.

(c)

(Mishnah): If he gave a Ma'amar (to one Yevamah and did Chalitzah to the other, the former needs a Get).

(d)

Suggestion: Our Mishnah supports Shmuel or refutes Rav Yosef!

1.

(Shmuel): If Ba'alas ha'Ma'amar does Chalitzah, the Tzarah is not exempted. (This is why the Mishnah discusses Chalitzah to the Tzarah. Rav Yosef taught that if one Yevamah is Kosher to Kehunah and one is Pasul, one does Chalitzah to the Pesulah. If Shmuel is wrong, Chalitzah of Ba'alas ha'Ma'amar (who becomes Pasul to Kehunah through a Get) would exempt both of them, yet the Mishnah sanctions Chalitzah to the Tzarah, unlike Rav Yosef!)

(e)

Rejection: This is no support or refutation. It does not say that one must (or may) do Chalitzah to the other, rather, if one did!

(f)

(Mishnah): If he gave a Get to each (they need Chalitzah).

(g)

Suggestion: Our Mishnah supports Rabah bar Rav Huna.

1.

(Rabah bar Rav Huna): A Chalitzah Pesulah must be repeated by all the brothers (The Mishnah says "likewise, when there are two Yevamim and one Yevamah" [she must do Chalitzah with each brother]).

(h)

Rejection: No. They need Chalitzah does not mean both Yevamos in this case. Rather, whenever this case occurs, one of the Yevamos must do Chalitzah.

(i)

(Mishnah): If he gave a Get to one, and Chalitzah to the other...

(j)

Suggestion: Our Mishnah supports Shmuel, or refutes Rav Yosef (like above).

(k)

Rejection: This is no support or refutation. It does not say that one must (or may) do Chalitzah to the other, rather, if one did!

(l)

(Mishnah): If he did Chalitzah to both... (nothing takes effect after Chalitzah).

(m)

Question: Why doesn't it also say that nothing takes effect after Bi'ah?

(n)

(Abaye and Rava): Indeed, the text should say so! (Tosfos Yeshanim - indeed, the Tosefta says so!)

1.

Our Tana prefers to teach that nothing takes effect after Chalitzah, since this permits her to marry others.

(o)

(Mishnah): This applies whether there is one Yavam and two Yevamos...

(p)

Question: Granted, according to R. Yochanan (who says that after Chalitzah, all the Tzaros are Chayavei Lavin to all the Yevamim), the Mishnah teaches that Ein Kidushin Tofsin b'Chayavei Lavin (like R. Akiva);

1.

However, according to Reish Lakish (who says that they are Chayavei Kerisus), must the Mishnah teach that Ein Kidushin Tofsin b'Chayavei Kerisus?!

2.

Counter-question (Seifa): If one did Yibum and the other gave her a Ma'amar...

i.

Must the Mishnah teach that one cannot Mekadesh another man's wife?!

(q)

Answer to both questions: Since it needed to teach about one Yevamah and one Yavam (all agree that after Chalitzah only a Lav forbids her), it teaches that the same applies to two Yevamos and one Yavam, and due to this it teaches that the same applies to one Yavamah and two Yevamim.

53b----------------------------------------53b

3)

WE DID NOT DECREE AFTER CHALITZAH

(a)

(Mishnah): If he did Chalitzah, gave a Ma'amar or a Get... (nothing takes effect after Chalitzah).

(b)

Question: Granted, if he did Chalitzah and gave a Ma'amar, it must teach that we do not decree (to require a Get for) a Ma'amar after Chalitzah due to a Ma'amar before Chalitzah;

1.

However, why must it teach that a Get after Chalitzah does nothing?

2.

Counter-question (Seifa): If he did Yibum and gave a Ma'amar, or did Yibum and gave a Get...

i.

Granted, if he did Yibum and gave a Get, it must teach that we do not decree (to require Chalitzah after) a Get after Yibum due to a Get before Yibum. However, why must it teach that a Ma'amar after Yibum does nothing?

3.

Answer: You must say that since we taught about Ma'amar after Chalitzah, we also taught about Ma'amar after Yibum;

(c)

Answer: Likewise, since we had to teach about Get after Yibum, we also taught about Get after Chalitzah!

(d)

(Mishnah): (Whether Chalitzah is at the beginning, middle or end, nothing takes effect after it.) Things takes effect after Bi'ah if it is in the middle or at the end.

(e)

Our Mishnah is unlike Aba Yosi.

1.

(Beraisa - Aba Yosi ben Yochanan): Bi'ah is like Chalitzah. At the beginning, nothing takes effect after them. In the middle or end, things take effect after them.

(f)

There are three opinions among the Tana'im.

1.

The first Tana of the Mishnah holds that we decree only after (Pasul) Yibum, since then there is a concern;

2.

R. Nechemyah holds that also regarding Bi'ah there is no need to decree.

i.

Above we said that we decree about Yibum after a Get due to Yibum after Chalitzah. R. Nechemyah holds that since Chalitzah is mid'Oraisa, people know that Yibum cannot come later.

ii.

Above we said that we decree about Yibum after a Ma'amar due to Bi'ah after Bi'ah. R. Nechemyah holds that since Yibum is mid'Oraisa, people know that another Yibum cannot be done.

3.

Aba Yosi holds like Chachamim who decree about Bi'ah, and he decrees about Chalitzah due to Bi'ah.

PEREK HA'BA AL YEVIMTO
4)

WHAT KINDS OF BI'AH ACQUIRE?

(a)

(Mishnah): If a Yavam had Bi'ah with his Yevamah he acquired her, whether he was Shogeg or Mezid (intending), whether forced or willing, even if he was Shogeg and she was Mezidah, or vice-versa, or he was forced and she was not, or vice-versa;

(b)

This is whether he did only Ha'ara'ah (the first stage of Bi'ah) or the full act. We do not distinguish different types of Bi'ah;

(c)

Similarly, if one had Bi'ah with any Ervah in the Torah, e.g. a Kohen Gadol with a widow, a regular Kohen with a Chalutzah, a Yisrael with a Mamzeres or Nesinah or vice-versa, she is disqualified. We do not distinguish between different kinds of Bi'ah.

(d)

(Gemara): Why does it say 'even (if he was Shogeg)'?

(e)

Answer: He acquires her not only when he is Shogeg or Mezid (intending for Zenus) and she intends for the Mitzvah, rather, even when he is Shogeg and she is Mezidah, and neither intends for the Mitzvah.

(f)

(Beraisa - R. Chiya): Even if both are Shogegim, Mezidim, or forced (he acquires her).

(g)

Question: In the Mishnah, what is the case of being forced?

1.

Suggestion: Nochrim forced him to have Bi'ah.

2.

Rejection: Rava taught that a man is never considered forced regarding Arayos, since Kishuy (an erection) comes only willfully!

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