1)

(a)If the brother of someone who performed Chalitzah marries the Chalutzah's sister and dies, why may the Chalutz not perform Yibum with her when his brother dies?

(b)What is the difference between a case where his brother married Achos Chalutzaso and where he married Achos Gerushaso? Why is that?

1)

(a)If the brother of someone who performed Chalitzah marries the Chalutzah's sister and dies, the Chalutz is forbidden to perform Yibum with her when his brother dies - because she is Achos Chalutzaso.

(b)The difference between a case where his brother married Achos Chalutzaso and where he married Achos Gerushaso - is since the latter is Patur from Yibum mid'Oraisa, she is Patur from Chalitzah too; whereas the former, whose Isur to perform Yibum is only mid'Rabanan, is obligated to perform Chalitzah.

2)

(a)According to Rebbi Yehudah ben Beseirah, what does one instruct the brother who betrothed the sister of his brother's Shomeres Yavam?

(b)Why may he not marry her immediately?

2)

(a)According to Rebbi Yehudah ben Beseirah, one instructs the brother who betrothed the sister of his brother's Shomeres Yavam - to wait until his brother has performed either Yibum or Chalitzah, when he will be permitted to marry her.

(b)He is not permitted to marry her immediately - because she is Achos Zekukaso.

3)

(a)What happens to the ...

1. ... betrothed sister, in the event that the brother performs Yibum or Chalitzah with the Yevamah?

2. ... the betrothed sister, if the Yevamah dies?

3. ... two sisters, if the (only other) Yavam dies?

(b)Seeing as Achos Chalutzah is obligated to perform Chalitzah, whereas Achos Gerushah is not, why does the Tana (Rebbi) say 'v'Chen'? What is he coming to teach us?

(c)Shmuel rules like Rebbi Yehudah ben Beseirah. What can we extrapolate from this with regard to Zikah?

3)

(a)In the event that ...

1. ... his brother performs Yibum or Chalitzah with the Yevamah - he is permitted to marry her sister (to whom he is betrothed).

2. ... the Yevamah dies - he is permitted to marry her betrothed sister.

3. ... the (only other) Yavam dies - the remaining brother must send away his wife with a Get, and his Yevamah, with Chalitzah.

(b)Despite the fact that Achos Chalutzah is obligated to perform Chalitzah, whereas Achos Gerushah is not - the Tana (Rebbi) says 'v'Chen', to teach us that Chazal decreed Achos Chalutzah on account of Achos Gerushah.

(c)Shmuel rules like Rebbi Yehudah ben Beseirah - teaching us 'Yesh Zikah' and that the Zikah on the Yevamah is strong enough to forbid her sister on the Yavam.

4)

(a)On what basis do Rav and Rav Ivya both permit the Yavam of Rebbi Yehudah ben Beseirah to perform Yibum with the Yevamah if her sister (his betrothed) died?

(b)And why do Shmuel and Rav Asi forbid it?

4)

(a)Rav and Rav Ivya both permit the Yavam of Rebbi Yehudah ben Beseirah to perform Yibum with the Yevamah, if her sister (his betrothed) died - because they hold that a Yevamah who was permitted when she fell to Yibum, and who then became forbidden and then permitted again, is permitted.

(b)Shmuel and Rav Asi forbid it - because, in their opinion, a Yevamah who is forbidden for one moment (irrespective of when the prohibition takes effect), remains permanently forbidden.

5)

(a)Rav Hamnuna queried Rav from the Mishnah in the third Perek where the Ba'alas Ma'amar, who had been permitted to her Yavam when her husband died, but who became forbidden when her sister's husband (the Yavam's brother) died, and who became permitted again when the sister died. Rav remained silent. He might have established that Beraisa like Rebbi Elazar. What does Rebbi Elazar say?

(b)Why did he decline to answer the Kashya, by establishing the Beraisa like him?

(c)Rav later changed his mind, and did indeed establish the Beraisa like Rebbi Elazar. What did Rebbi Elazar say in another Beraisa (with regard to a case of Mekadesh Achos Yevimto) that prompted him to do that?

(d)How is it possible to establish Shmuel and Rav Asi like the Rabanan?

5)

(a)Rav Hamnuna queried Rav from the Mishnah in the third Perek, where the Ba'alas Ma'amar, who had been permitted to her Yavam when her husband died, but who became forbidden when her sister's husband (the Yavam's brother) died, and who became permitted again when the sister died, remains forbidden. Rav remained silent. He might have established that Beraisa like Rebbi Elazar - who (even he concedes) holds that a Yevamah who is forbidden for one moment, remains forbidden permanently (like Shmuel and Rav Asi) ...

(b)... but declined to do so, because maybe Rebbi Elazar speaks in a case when the Yevamah was already forbidden before she fell to Yibum (like the case there, where the brother divorced his wife, then remarried her and died), whereas in our case, the Yevamah was permitted at the time when she fell.

(c)Rav later changed his mind, and did indeed establish the Beraisa like Rebbi Elazar, who said in another Beraisa - that in the case of Rebbi Yehudah ben Beseirah, if his betrothed died, he must perform Chalitzah but not Yibum (like Shmuel and Rav Asi).

(d)Shmuel and Rav Asi may well hold like the Rabanan - because the Rabanan, in their opinion, only argue with Rebbi Elazar in a case when the Yevamah does not become forbidden after she has fallen to Yibum, whereas in our case, where she does, even the Rabanan will agree that she can never become permitted again.

6)

(a)Our Mishnah forbids a Yavam to perform Chalitzah or Yibum with his Yevamah until three months after her husband's death. What does the Tana say about a man who dies?

(b)According to the Tana Kama, does it make any difference whether the woman is a Besulah, a Be'ulah, divorced, widowed, or whether she was married or betrothed?

(c)Rebbi Yehudah permits a married women to become betrothed and betrothed ones to marry. What is the one exception?

(d)In which point does Rebbi Yosi disagree with Rebbi Yehudah?

6)

(a)Our Mishnah forbids a Yavam to perform Chalitzah or Yibum with his Yevamah until three months after her husband's death - and the same applies to marrying the wife of a man who died.

(b)According to the Tana Kama - it makes no difference whether the woman is a Besulah, a Be'ulah, divorced, widowed, or whether she was married or betrothed.

(c)Rebbi Yehudah permits a married woman to become betrothed and a betrothed one to marry - except for in Yehudah, where the custom was for the betrothed couple to become intimate with each other before the wedding (so as to avoid embarrassment after their marriage), and whom he therefore forbids to marry until three months after her betrothed dies.

(d)Rebbi Yosi disagrees with Rebbi Yehudah - inasmuch as it is only a married divorcee who is permitted to become betrothed within three months, but not a widow, who is forbidden to marry during the first thirty days after her husband's death, because it is a period of mourning.

41b----------------------------------------41b

7)

(a)The Yevamah is forbidden to perform Yibum within three months of her husband's death, because the baby might live, in which case the Yavam will have contravened the Isur of Eishes Achiv. But why should he not perform Chalitzah? Is this another disproof to Rebbi Yochanan, who holds 'Chalitzas Me'uberes Shemah Chalitzah?

(b)What is the point of trying to reconcile Rebbi Yochanan with our Mishnah, seeing as he has already been disproved once?

(c)And how about a Yevamah who was already divorced before marrying the Yavam's brother (in which case, she is forbidden to marry a Kohen anyway)? Why does she have to wait?

7)

(a)The Yevamah is forbidden to perform Yibum within three months of her husband's death, because the baby might live, in which case the Yavam will have contravened the Isur of Eishes Achiv. The prohibition of performing Chalitzah is not necessarily because 'Chalitzas Me'uberes Lo Shemah Chalitzah (a disproof to Rebbi Yochanan (who holds ' ... Shemah Chalitzah'). It could also be - because the baby may live and we will then require a public announcement to invalidate the Chalitzah (so that she should be permitted to marry a Kohen, and we are concerned about those people who were at the Chalitzah but did not hear the announcement (as we learned earlier in the Perek).

(b)We try to reconcile Rebbi Yochanan with our Mishnah, despite the fact that he has already been disproved once - so that, should we manage to find an answer to the Kashya there, there will not be a problem from the Mishnah here.

(c)Even a Yevamah who was already divorced before marrying the Yavam's brother (in which case, she is forbidden to marry a Kohen anyway) is obligated to wait - for her own benefit, so that she should not be deprived of the sustenance that she receives from her first husband (because the moment the Yavam performs Chalitzah, she loses it).

8)

(a)We query Rebbi Yochanan from a divorcee who was only betrothed to the Yavam's brother (and who does not receive sustenance anyway), and we answer that our Mishnah holds like Rebbi Yosi. What did Rebbi Yosi say to that man who wanted to perform Chalitzah within the three months of his brother's death?

(b)Why does Rebbi Yosi's ruling not pose a Kashya on Rebbi Yochanan?

8)

(a)We query Rebbi Yochanan from a divorcee who was only betrothed to the Yavam's brother (and who does not receive sustenance anyway), and we answer that our Mishnah holds like Rebbi Yosi - who told a man who wanted to perform Chalitzah during the three months that Yibum is forbidden, that the Torah writes "Im Lo Yachpotz ... ", 'Ha Yachpotz, Yibem' (meaning that Chalitzah must have the option of Yibum, and where Yibum is forbidden, the Yevamah does not require Chalitzah either).

(b)Rebbi Yosi's ruling does not pose a Kashya on Rebbi Yochanan - who confines the Derashah to l'Chatchilah, where it is possible to wait, but where it is not, there are many cases where Chazal required Chalitzah even when Yibum is not possible. Consequently, if b'Di'eved one performed Chalitzah, the Chalitzah is valid.

9)

(a)When the Tana of another Beraisa writes 'Kol ha'Sefeikos Choltzos v'Lo Misyabmos', why can he not be referring to a case of Safek Kidushin?

(b)So he must be referring to one of Kidesh Echad mi'Shtei Achyos. How will we now reconcile this Beraisa with Rebbi Yosi, who just taught us that whoever cannot perform Yibum, does not perform Chalitzah either?

(c)How do we prove this from a Yevamah Ketanah?

(d)And how will we then explain all the cases where Chazal ruled 'Choletzes v'Lo Misyabemes', such as Achos Chalutzaso?

9)

(a)When the Tana of another Beraisa writes 'Kol ha'Sefeikos Choltzos v'Lo Misyabmos', he cannot be referring to a case of Safek Kidushin - because there is no reason there why he should not be able to perform Yibum (since, if the Kidushin was valid, then he will be performing Yibum with his Yevamah, and if it was not, then it will be Kidushin with a strange woman).

(b)So he must be referring to case of Kidesh Echad mi'Shtei Achyos. When Rebbi Yosi taught that whoever cannot perform Yibum, cannot perform Chalitzah either - he was referring to a case such as a Safek Me'uberes, where Chazal decreed not to perform Yibum, even if Eliyahu were to inform us that the woman is not pregnant; whereas in the case of Kidesh Echad mi'Shtei Achyos, if Eliyahu would enlighten us as to which one his brother betrothed, she would be permitted to him. Consequently, she requires Chalitzah (l'Chatchilah).

(c)We prove this from a Yevamah Ketanah - who is obligated to wait three months, even though we know that she is not pregnant.

(d)Chazal ruled 'Choletzes v'Lo Misyabemes', such as Achos Chalutzaso - because they are Sefeikos that do not stand to become resolved (so what point is there in waiting?); whereas the Safek of a Safek Me'uberes will.

10)

(a)For the first three months, the Tana of the Beraisa teaches us, a Yevamah is sustained out of her deceased husband's estate. What happens after that?

(b)Under which circumstances is she sustained out of the Yavam's estate?

(c)Why did Chazal differentiate between an ordinary widow, who is sustained from her deceased husband's estate until she remarries, and a Yevamah, who is only sustained for three months?

(d)If the Yevamah falls before a Yavam Katan, Rav Acha and Ravina argue as to whether she should be sustained beyond the three month period or not. We rule that she is not. Why is that?

10)

(a)For the first three months, the Tana of the Beraisa teaches us, a Yevamah is sustained out of her deceased husband's estate - from then on, she receives no Parnasah at all, either from her deceased husband's estate or from the Yevamah.

(b)She is however, sustained out of the Yavam's estate - if she served the Yavam a writ to force his hand to perform either Yibum or Chalitzah with her, and he ran away.

(c)Chazal differentiate between an ordinary widow, who is sustained from her deceased husband's estate until she remarries, and a Yevamah, who is only sustained for three months - because an ordinary Almanah can say that she has deliberately remained unmarried due to the deep respect that she felt for her husband; whereas a Yevamah is bound to the Yavam (notwithstanding the fact that she is not fed from his estate either, until the Yibum).

(d)If the Yevamah falls before a Yavam Katan, Rav Acha and Ravina argue whether she is sustained beyond the three month period or not. We rule that she is not - because her predicament is clearly a Divine punishment.