1)

THE ARGUMENT OF RAV AND SHMUEL

(a)

Answer #3 (Abaye): Perhaps Rav and Shmuel do not argue like Rav Huna explained. Rather, they argue about Rav Hamnuna's law!

1.

(Rav Hamnuna): If a Shomeres Yavam had Bi'as Zenus she is forbidden to her Yavam.

2.

Rav says that she is like an Eshes Ish, and Bi'as Zenus forbids her;

3.

Shmuel says that she is not like an Eshes Ish, and Bi'as Zenus does not forbid her.

(b)

Answer #4 (Abaye): Perhaps they argue about whether or not Kidushin of a stranger takes effect on a Yevamah:

1.

Rav says that she is like an Eshes Ish, and Ein Kidushin Tofsin with her;

2.

Shmuel says she is that not like an Eshes Ish, and Kidushin takes effect on her.

(c)

Objection: Rav and Shmuel already argued about this (92b)!

(d)

Answer: They argued only once. Their argument here was inferred from what they said there.

2)

A MAN WHO HEARD SEVERAL FALSE REPORTS

(a)

(Mishnah): They told a man that his wife died, and he married her paternal sister. They told him that this wife died, and he married her maternal sister. They told him that this wife died, and he married her paternal sister. They told him that this wife died, and he married her maternal sister.

(b)

If all were found to be alive, he is permitted to his first, third and fifth wives, and they exempt their Tzaros (if he dies without children and one of them does Yibum or Chalitzah). He is forbidden to his second and fourth wives, and (if he dies without children) Yibum of either of them does not exempt her Tzarah;

(c)

If he had Bi'ah with the second wife after the first wife died, he is permitted to his second and fourth wives, and they exempt their Tzaros. He is forbidden to his third and fifth wives, and Yibum of either of them does not exempt her Tzarah.

(d)

A minor at least nine years old and one day forbids a Yevamah to his (adult) brothers, and they forbid a Yevamah to him (this will be explained). However, he forbids only at the beginning, and they forbid at the beginning or end.

(e)

If the nine-year old did Bi'ah, he forbids her to the brothers. If they then had Bi'ah with her, or gave a Ma'amar or Get or did Chalitzah, they forbid her to him.

(f)

(Gemara) Question: (Why does it say if he had Bi'ah with the second wife after the first died?) He married all (the last four) after he heard that the first died!

(g)

Answer (Rav Sheshes): It means, after his first wife truly died.

3)

BI'AH OF A NINE-YEAR OLD

(a)

(Mishnah): A nine-year old (forbids at the beginning, but not at the end).

(b)

Contradiction (Rav Zvid bar R. Oshaya's Beraisa): If one gave a Ma'amar to his Yevamah, and later his nine-year old brother had Bi'ah with her, she is forbidden.

(c)

Answer: His Bi'ah forbids even at the end. His Ma'amar forbids only at the beginning.

(d)

Question: His Bi'ah does not forbid at the end!

1.

(Mishnah): He forbids only at the beginning, but they forbid at the beginning or end. If the nine-year old had Bi'ah...

(e)

Answer: The Mishnah is abbreviated; it means as follows:

1.

A nine-year old disqualifies at the beginning. Adult brothers disqualify at the beginning and the end;

2.

This applies to a Ma'amar. Bi'ah disqualifies even at the end. How is this? If a nine-year old had Bi'ah with his Yevamah he disqualifies the brothers from doing Yibum.

(f)

Question: The Ma'amar of a nine-year old does not disqualify the brothers from doing Yibum!

1.

(Beraisa): A nine-year old disqualifies in one way, i.e. Bi'ah. (Adult) brothers forbid to him in four ways, i.e. Bi'ah, Ma'amar, Get and Chalitzah.

(g)

Answer: The Tana taught Bi'ah of a nine-year old because it always forbids. He did not teach about his Ma'amar, since it forbids only at the beginning.

(h)

(Rav Yehudah): A nine-year old has (ability to forbid a Yevamah to the brothers through) a Get.

(i)

(Rav Tachlifa bar Avimi): He has a Ma'amar.

(j)

(Beraisa - R. Meir): He has a Get and a Ma'amar.

(k)

Question: R. Meir does not hold that he has a Get!

1.

(Beraisa): They made Bi'ah of a nine-year old like Ma'amar of an adult;

2.

R. Meir says, they made Chalitzah of a nine-year old like the Get of an adult.

3.

If R. Meir held that he has a Get, he should say that they made his Chalitzah like his Get!

(l)

Answer (Rav Huna brei d'Rav Yehoshua): He has a Get, but it is weaker than the Get of an adult;

1.

R. Gamliel says that a Get does not take effect after a Get. This is only when the second is no stronger; but if an adult gave a Get after a minor did, it takes effect;

2.

Chachamim say that a Get takes effect after a Get. This is only when the second is no weaker, but if a minor gave a Get after an adult did, it is void.

96b----------------------------------------96b

(m)

(Mishnah): If Levi, a nine year old, had Bi'ah with his Yevamah, and later his nine-year old brother Reuven had Bi'ah with her, this forbids her to Levi;

(n)

R. Shimon says, it does not forbid her;

(o)

If a nine-year old had Bi'ah with his Yevamah Leah, and then with her Tzarah, this forbids Leah to himself;

(p)

R. Shimon says, it does not forbid her.

(q)

(Gemara - Beraisa - R. Shimon to Chachamim): If Levi's Bi'ah is considered Bi'ah (he acquired her), Reuven's Bi'ah has no effect! If Levi's Bi'ah is not considered Bi'ah, the same applies to Reuven (so his Bi'ah should not forbid her to Levi)!

(r)

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 is one Yavam and two Yevamos. (Our Mishnah considers Bi'ah of a nine year-old like a Ma'amar, and says that there is Bi'ah after Bi'ah even when there are two Yevamos.)

4)

YIBUM OF A NINE-YEAR OLD

(a)

(Mishnah): If a nine year old had Bi'ah with his Yevamah and he died, she does Chalitzah, but not Yibum. If he married a woman, she does not fall to Yibum;

(b)

If he had Bi'ah with his Yevamah Sarah, married Leah after he became an adult, and then died:

1.

If he did not have Bi'ah with Sarah in adulthood, Sarah does Chalitzah, but not Yibum. Leah may do Chalitzah or Yibum;

2.

R. Shimon says, the Yavam may do Yibum or Chalitzah with either wife he wants, and does Chalitzah to the other.

(c)

A 20-year old who did not bring two hairs is like a nine-year old.

(d)

(Gemara - Rava): Chachamim say that Eshes Shnei Mesim (a Yevamah who fell to Yibum from two brothers) does Chalitzah, but not Yibum. Do not say that this is only when there is a Tzarah, and they decreed lest people say that two Yevamos from one husband do Yibum. Here, there is no Tzarah, and she must do Chalitzah, but not Yibum!

(e)

(Mishnah): If he married a woman and he died ...

(f)

Our Mishnah teaches like a Beraisa does;

1.

(Beraisa): If a lunatic or minor married and died, his wife is exempt from Chalitzah and Yibum.

(g)

(Mishnah): If he married after he became an adult...

(h)

Question: The Bi'ah of a nine-year old should be like an adult's Ma'amar, and Leah should be forbidden to do Yibum (like the Tzarah of a Yevamah who received a Ma'amar - 31b)!

(i)

Answer #1 (Rav): Chachamim did not make Bi'ah of a nine-year old like an adult's Ma'amar.

(j)

(Shmuel and R. Yochanan): It is like a Ma'amar!

(k)

Question: The above question is difficult for Shmuel and R. Yochanan!

(l)

Answer #2: Tana'im argue about whether or not the Tzarah of Eshes Shnei Mesim may do Yibum.

1.

The Tana of the Mishnah (31b) decrees lest people do Yibum to both. He taught about an adult Yavam, and the same applies to a minor;

2.

Our Tana says that Bi'ah of a nine-year old is like a Ma'amar, but we do not decree lest people do Yibum also to the Tzarah. He taught about a minor, and the same applies to an adult;

i.

He taught about a minor because he was discussing minors.

(m)

R. Elazar said this teaching without attributing it to R. Yochanan. R. Yochanan was upset when he heard about this.

1.

R. Ami and R. Asi: In the synagogue in Teverya, R. Elazar and R. Yosi argued about a bolt with a pestle at the end until they tore a Sefer Torah in their anger.

i.

Objection: Surely, they did not tear a Sefer Torah!

ii.

Correction: Rather, a Sefer Torah was torn in their anger.

2.

R. Yosi ben Kisma was there, and said that it would not be surprising if the Shul became a place of idolatry. It did! (This shows that it is imprudent to be angry!)

3.

R. Yochanan was even more adamant. 'Do you consider R. Elazar to be my colleague' (like the parties in your story? He is my Talmid!

4.

R. Yakov bar Idi: "As Hash-m commanded Moshe His servant, so Moshe commanded Yehoshua, and so did Yehoshua, he did not omit one thing from everything Hash-m commanded Moshe".

i.

Did Yehoshua say about everything 'Moshe told me so'?! Rather, he expounded, and everyone knew that he learned his Torah from Moshe;

ii.

Also R. Elazar your Talmid expounds, and everyone knows that it is your teachings!

5.

R. Yochanan (to R. Ami and R. Asi): Why don't you know how to appease like our colleague, Idi's son?!

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