1)

(a)According to Rav Sheravya, in the case of a Chalitzah Kesherah, even the Rabanan will agree that, if the Yavam makes Ma'amar with his Chalutzah using the words 'Hiskadshi Li b'Zikas Yabmin', his Kidushin will not be effective. Why is that?

(b)Then what are Rebbi and the Rabanan arguing about?

(c)And according to Rav Ashi, even Rebbi will agree that Chalitzah Pesulah does not remove the Zikah, and they argue over whether Chalitzah with a stipulation renders the Chalitzah invalid or not. What is the opinion of ...

1. ... Rebbi?

2. ... the Rabanan?

1)

(a)According to Rav Sheravya, in the case of a Chalitzah Kesheirah, even the Rabanan will agree that, if the Yavam made Ma'amar with his Chalutzah using the words 'Hiskadshi Li b'Zikas Yabmin', his Kidushin would not be effective - because he holds 'Yesh Zikah', and the Chalitzah has already removed the Zikah (as we explained earlier according to Rebbi).

(b)According to him, Rebbi and the Rabanan argue over whether Chalitzah Pesulah (following a Get) removes the Zikah or not - Rebbi holds that it does, in which case the Ma'amar that came after it is not valid and does not require a Get; whereas the Rabanan hold that it does not, in which case, the Ma'amar that follows requires a Get.

(c)And according to Rav Ashi, even Rebbi will agree that Chalitzah Pesulah does not remove the Zikah, and they argue over whether a Chalitzah Kesheirah with a stipulation is effective or not. In the opinion of ...

1. ... Rebbi - a stipulation does not render the Chalitzah invalid, in which case, the Chalitzah is effective, even if the condition is not met.

2. ... the Rabanan - a stipulation renders the Chalitzah invalid, as long as it has not been met.

2)

(a)Ravina holds that both Tana'im agree that 'Yesh Tenai b'Chalitzah. Is this ruling Halachah?

(b)In his opinion, they argue about Tenai Kaful. What is the case?

(c)What is the opinion of ...

1. ... Rebbi?

2. ... the Rabanan?

2)

(a)Ravina holds that both Tana'im agree that 'Yesh Tenai b'Chalitzah'. In fact - we rule later (in Perek Mitzvas Chalitzah) that even a Chalitzah into which the Yavam was tricked to perform, is valid. According to Ravina, however, Rebbi and the Rabanan do not concur with that ruling.

(b)In his opinion, they argue about Tenai Kaful - meaning that the Yavam made a stipulation (which was subsequently not met), but without doubling it (as we find by the Bnei Gad and the Bnei Reuven).

(c)In the opinion of ...

1. ... Rebbi - such a condition is not valid, in which case, the Chalitzah is effective, and the Ma'amar that follows it does not require a Get.

2. ... the Rabanan - it is, and the Chalitzah is not effective. Consequently, the Ma'amar that follows it requires a Get.

3)

(a)After listing all the possible cases that follow Chalitzah and those that follow Yibum, our Tana concludes 'Ein Achar Chalitzah Klum'. How do Abaye and Rava amend this Lashon? Why do they do that?

(b)Why does our Tana prefer the current version?

(c)The Tana of our Mishnah, who says that, according to the Chachamim of Raban Gamliel, Ma'amar after Ma'amar requires two Gitin, both in the case of two Yevamin and one Yevamah and in that of two Yevamos and one Yavam, does not hold like ben Azai. What does ben Azai say?

(d)What is the proof from here that negates the other Lashon in ben Azai, reversing his opinion (reversing his opinion, so that he holds that there is Ma'amar after Ma'amar by two Yevamos and one Yavam but not by two Yevamin and one Yevamah), so that he holds 'Ein Ma'amar Achar Ma'amar bi'Shnei Yevamin'?

3)

(a)After listing all the possible cases that follow Chalitzah and those that follow Yibum, our Tana concludes 'Ein Achar Chalitzah Klum'. Abaye and Rava amend this to read - 'Ein Achar Bi'ah Klum', because, in their opinion, it is the more likely version, seeing as the Tana just dealt with Bi'ah.

(b)Our Tana however, prefers the current version - because he prefers to stress the Heter Yevamah l'Shuk. Either way, having told us one of them, it is not necessary to tell us the other.

(c)The Tana of our Mishnah, who says that, according to the Chachamim of Raban Gamliel, Ma'amar after Ma'amar requires two Gitin, both in the case of two Yevamin and one Yevamah and in that of two Yevamos and one Yavam, does not hold like ben Azai - in whose opinion there is Ma'amar after Ma'amar in the former case, but not in the latter.

(d)The proof from here that negates the other Lashon in ben Azai, reversing his opinion (so that he holds that there is Ma'amar after Ma'amar by two Yevamos and one Yavam but not by two Yevamin and one Yevamah) is - because then, this Sugya should have been learned later, when it discusses the Seifa, where the Tana comes to teach us the Chidush by two Yevamin and one Yevamah.

4)

(a)How do we try to support Shmuel, who says 'Chalatz l'Ba'alas Ma'amar, Lo Nifterah Tzarasah', from our Mishnah 'Get la'Zu v'Chalatz la'Zu ... '?

(b)What will Rav Yosef say in a case where a man has two Yevamos, one of whom is a Ba'alas Get? With which one should he perform Chalitzah?

(c)How do we both refute the proof for Shmuel and resolve the Kashya on Rav Yosef in one stroke?

(d)Why is the fact that our Mishnah states 'Get la'Zu, v'Get la'Zu, Tzerichos Heimenu Chalitzah' (in the plural) not a proof for Rabah bar Rav Huna, who says that when a Yevamah is confronted with a Chalitzah Pesulah, she requires Chalitzah from all the brothers?

4)

(a)we try to support Shmuel, who says 'Chalatz l'Ba'alas Ma'amar, Lo Nifterah Tzarasah', from our Mishnah 'Get la'Zu v'Chalatz la'Zu ... ' - freom the fact that since the Tana does not speak when he performed Chalitzah with the Ba'alas ha'Get, it appears that this is not permitted.

(b)Rav Yosef holds that, where a man has two Yevamos, one of whom is a Ba'alas Get - he should rather perform Chalitzah with the Ba'alas ha'Get, in order not to render the second Yevamah forbidden, too (and the proof for Shmuel is at one and the same time, a Kashya on Rav Yosef).

(c)We both refute the proof for Shmuel and resolve the Kashya on Rav Yosef - by pointing out that the Tana does not say that he is obligated to perform Chalitzah with the second Yevamah, but simply what the Din would be if he did.

(d)The fact that our Mishnah 'Get la'Zu, v'Get la'Zu, Tzerichos Heimenu Chalitzah' (in the plural) is not a proof for Rabah bar Rav Huna, who says that when a Yevamah is confronted with a Chalitzah Pesulah, she requires Chalitzah from all the brothers - because there is no proof that 'Tzerichos' refers to all the Yevamos from that particular house. Perhaps it means 'Tzerichos d'Alma' (all Yevamos in this position require Chalitzah).

5)

(a)According to Rebbi Yochanan, if one of the other brothers marries the Yevamah or one of the Tzaros, after one of the brothers has performed Chalitzah with her, he transgresses only a Lav (as we learned above in the first Perek). What does Resh Lakish say?

(b)What Kashya do we ask on Resh Lakish from the Mishnah, which says 'Bein Yavam Echad li'Shtei Yevamos, Bein Shnei Yevamin li'Yevamah Achas ... '?

(c)Why is there no problem with this according to Rebbi Yochanan?

5)

(a)According to Rebbi Yochanan, if one of the other brothers marries the Yevamah or one of the Tzaros, after one of the brothers has performed Chalitzah with her, he transgresses only a Lav (as we learned above in the first Perek). According to Resh Lakish - he is Chayav Kares (as we learned there).

(b)The Mishnah, which says 'Bein Yavam Echad li'Shtei Yevamos, Bein Shnei Yevamin li'Yevamah Achas ... ' poses a Kashya on Resh Lakish - in that the Tana would hardly find it necessary to tell us that Kidushin is not effective on Chayavei Kerisus!

(c)Whereas according to Rebbi Yochanan, the Tana needs to inform us - that Kidushin is not effective on Chayavei Lavin (a Stam Mishnah like Rebbi Akiva).

6)

(a)How does Resh Lakish counter the Kashya with the Seifa 'Ba'al v'Asah Ma'amar ... '?

(b)So how does he resolve the fact that the Tana needs to insert the Din by ...

1. ... two Yevamos and one Yavam?

2. ... two Yevamin and one Yevamah?

6)

(a)Resh Lakish counters with the Seifa 'Ba'al v'Asah Ma'amar ... ' - inasmuch as, by the same token, why does the Tana need to inform us that Kidushin is not effective on a married woman (who is also Chiyuv Kares)?

(b)So he resolves the fact that the Tana needs to insert the Din by ...

1. ... two Yevamos and one Yavam - on account of one Yavam and one Yevamah (where the Tana needs to teach us 'Ein Ma'amar Achar Chalitzah', because 'Ma'amar Achar Chalitzah' by one Yavam and one Yevamah is certainly only a Lav ["Lo Yivneh"], even according to Resh Lakish).

2. ... two Yevamin and one Yevamah - on account of two Yevamos and one Yevamah.

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

7)

(a)Why does the Tana of our Mishnah need to insert the case of

1. ... 'Chalatz v'Asah Ma'amar ... Ein Achar Chalitzah Klum'?

2. ... 'Chalatz v'Nasan Get' (since he is Pasul because of the Chalitzah anyway)?

3. ... 'Ba'al v'Asah Ma'amar?

(b)'Ba'al v'Nasan Get' is more obviously necessary. Why is that?

7)

(a)The Tana of our Mishnah needs to insert the case of ...

1. 'Chalatz v'Asah Ma'amar ... Ein Achar Chalitzah Klum' - because we would otherwise have thought that we decree Ma'amar after Chalitzah on account of Ma'amar before Chalitzah (which certainly requires a Get).

2. ... 'Chalatz v'Nasan Get' - because it is the parallel case of Ba'al v'Nasan Get' (which the Tana obviously needs to mention).

3. ... 'Ba'al v'Asah Ma'amar - because it is the parallel case of Chalatz v'Asah Ma'amar (which the Tana also needs to mention).

(b)'Ba'al v'Nasan Get' is more obviously necessary - because we would otherwise have thought that we decree Get after Be'ilah because of Be'ilah after Get.

8)

(a)Our Mishnah cited the Machlokes between the Tana Kama, who holds 'Ein Achar Chalitzah Klum' even if it is in the middle or at the end, but 'Ein Achar Bi'ah Klum', only if it is at the beginning, and Rebbi Nechemyah, who does not differentiate by Bi'ah either. What does Aba Yosi ben Yochanan Ish Yerushalayim Amar Rebbi Meir say in a Beraisa?

(b)The Tana Kama decrees Bi'ah after Get because of Bi'ah after Chalitzah, as we explained at the beginning of the Perek. Why does Rebbi Nechemyah not agree with that?

(c)Aba Yosi holds like the Tana Kama with regard to Bi'ah after Get. Why does he forbid Chalitzah after Get or Ma'amar as well, even though there is no intrinsic reason to forbid it?

8)

(a)Our Mishnah cited the Machlokes between the Tana Kama, who holds 'Ein Achar Chalitzah Klum' even if it is in the middle or at the end, but 'Ein Achar Bi'ah Klum', only if it is at the beginning, and Rebbi Nechemyah, who does not differentiate by Bi'ah either. Aba Yosi ben Yochanan Ish Yerushalayim Amar Rebbi Meir says in a Beraisa - that even 'Ein Achar Chalitzah Klum' only applies if Chalitzah was performed at the beginning, but not in the middle or at the end (like Bi'ah).

(b)The Tana Kama decrees Bi'ah after Get because of Bi'ah after Chalitzah, as we explained at the beginning of the Perek. Rebbi Nechemyah maintains that - since Chalitzah is d'Oraisa, everyone knows that Bi'ah after it is ineffective, and no decree is necessary.

(c)Aba Yosi holds like the Tana Kama with regard to Bi'ah after Get. He also forbids Chalitzah after Get or Ma'amar however, even though there is no intrinsic reason to forbid it - because he decrees Chalitzah on account of Bi'ah.

Hadran Alach 'Raban Gamliel'

Perek ha'Ba al Yevimto

9)

(a)What does the Tana of our Mishnah mean when he says 'ha'Ba al Yevimto Shogeg'? What is considered Shogeg?

(b)Does a Yavam acquire his Yevamah, if ...

1. ... both of them were Shogegim or Anusim?

2. ... either he or she was Shogeg or O'nes, whilst the other one performed Yibum for the sake of the Mitzvah?

(c)What are the ramifications of 'Koneh' (acquire)?

9)

(a)When the Tana of our Mishnah says 'ha'Ba al Yevimto Shogeg' - he refers to a Yavam who thought that he was being Bo'el his wife (or any other woman for that matter), and then discovered that it was in fact, his Yevamah.

(b)A Yavam acquires his Yevamah, even if ...

1. ... both of them were Shogegim or Anusim ...

2. ... and certainly if either he or she was Shogeg or O'nes, whilst the other one performed Yibum for the sake of the Mitzvah.

(c)The ramifications of 'Koneh" (acquire) are - that he acquires his brother's property and that his wife will now require a Get (rather than Chalitzah) before she is permitted to marry anybody else.

10)

(a)What will be the Din if the Yavam performs Yibum through Ha'ara'ah, or through an unnatural act (i.e. sodomy)? What is Ha'arah?

(b)What other areas of Halachah are affected by this ruling?

(c)What are the affects of a Kohen Gadol who does any of the above with an Almanah, or a Kohen Hedyot with a Gerushah or Chalutzah, if she is ...

1. ... a bas Yisrael?

2. ... a bas Kohen (in addition to the above)?

(d)Which case of Bi'as Zenus does not render the woman a Zonah or a Chalalah, and does not therefore disqualify her from the Kehunah?

10)

(a)The Yavam acquires the Yevamah - irrespective of whether he performs a regular Bi'ah, Ha'ara'ah (the initial stage of Bi'ah, which will be discussed later), or an unnatural act (sodomy).

(b)The other areas of Halachah that are affected by this ruling - are - those of Arayos, Chayavei Lavin and Pesulei Kehunah, as will be explained shortly.

(c)If a Kohen Gadol performs any of the above with an Almanah, or a Kohen Hedyot with a Gerushah or Chalutzah, if she is ...

1. ... a bas Yisrael - she becomes a Zonah (in fact, says the Rashash, a Bi'ah with Chayavei Lavin of Kehunah makes her a Chalalah, and not a Zonah).

2. ... a bas Kohen - then in addition, she is prohibited from eating Terumah (and presumably, the same will apply to a bas Yisrael, who is married to a Kohen and from whom he had children), because he makes her a Chalalah.

(d)Bi'as Zenus - with a Pnuyah who is not an Ervah, does not render the woman a Zonah or a Chalalah - and she remains permitted to marry a Kohen and (if she is a Bas Kohen) to eat Terumah.

11)

(a)In what connection does the Tana insert ..

1. ... 'Mamzeres u'Nesinah l'Yisrael'?

2. ... 'bas Yisrael l'Mamzer ul'Nasin'?

11)

(a)The Tana inserts ...

1. ... 'Mamzeres u'Nesinah l'Yisrael' - to inform us that she receives Malkus for transgressing a Lav (seeing as she is anyway forbidden to marry a Kohen and to eat Terumah).

2. ... 'bas Yisrael l'Mamzer ul'Nasin' - for the same reason as above, to forbid her to marry a Kohen (because, even though she has only transgressed a plain Lav, she becomes a Zonah).

12)

(a)The Tana says 'Afilu Hu Shogeg v'Hi Mezidah ... '. How do we explain the word 'Afilu', which has no meaning as it stands? What does 'Mezid' mean in this context?

(b)What is wrong with explaining 'O'nes' to mean that he ...

1. ... was physically forced to perform Bi'ah with the Yevamah?

2. ... performed Yibum in his sleep?

3. ... fell from the roof and, quite by chance, he landed on top of his Yevamah and performed Yibum (unintentionally)?

(c)He would however, be Chayav in this case, to pay for four out of the five areas of damage that one is obligated to pay for personal damage. Which four is he Chayav? From which one is he Patur?

12)

(a)When the Tana says 'Afilu Hu Shogeg v'Hi Mezidah ... ', what he really means is - that we can take for granted that, when one of them has the intention of performing a Mitzvah, he certainly acquires her, but even if neither of them intends to do so, he acquires her.

(b)We cannot explain 'O'nes' to mean that he ...

1. ... was physically forced to perform Bi'ah with the Yevamah - because that would not constitute O'nes, seeing as Kishuy (the stiffening of the limb) cannot occur b'Ones.

2. ... performed Yibum in his sleep - because Rav Yehudah has already taught us that a Yavam who performs Yibum in his sleep does not acquire his Yevamah.

3. ... fell from the roof and, quite by chance, he landed on top of his Yevamah and performed Yibum (unintentionally) - because there too, Rabah has taught us that he does acquire his Yevamah in that way (seeing as he did not have the intention of performing Bi'ah).

(c)He would however, be Chayav in this case, to pay for four out of the five types of damage that one is obligated to pay for personal damage - damage (devaluation), pain, healing and work loss, whilst he would be Patur from 'Boshes' (embarrassment).

13)

(a)What is then the case of O'nes in our Mishnah by which a Yavam acquires his Yevamah?

(b)What is the case of 'Shneihem Anusin' of the Beraisa of Rebbi Chiya, where the Tana also rules that he acquires her?

13)

(a)The case of O'nes in our Mishnah by which a Yavam acquires his Yevamah is - when the Yavam was Niskasheh (prepared to be Bo'el for) his wife, and then performed Bi'ah with his Yevamah thinking it was his wife.

(b)And the case of 'Shneihem Anusin' of the Beraisa of Rebbi Chiya, where the Tana also rules that he acquires her is - where he was Niskasheh for his wife and Nochrim forced him to make Bi'ah with his Yevamah.

OTHER D.A.F. RESOURCES
ON THIS DAF