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Yevamos Chart #4
(A) THE WOMAN HERSELF |
(B) HER TZARAH |
||
---|---|---|---|
1) | SOTAH VADAI (who definitely sinned) |
Exempt(1) | Exempt(1) |
2) | SOTAH D'RABANAN(2) | Rabanan : Chalitzah R. Shimon: Safek |
Chalitzah or Yibum |
3) | SOTAH SAFEK (i.e., she is suspected of sinning) |
Chalitzah | Chalitzah(3) |
4a) | MACHZIR GERUSHASO(4) (according to the first versions of Rav Yehudah and of Rebbi Yochanan's Safek) |
RYB'K : Exempt(5) Rabanan: Chalitzah(6) |
RYB'K : Exempt(5) Rabanan: Safek(7) |
4b) | MACHZIR GERUSHASO(4) (according to the second version of Rav Yehudah's Safek) |
RYB'K : Exempt(5) Rabanan: Chalitzah(6) |
RYB'K : Safek(8) Rabanan: Chalitzah or Yibum(*) |
4c) | MACHZIR GERUSHASO(4) (according to the second version of Rebbi Yochanan's Safek) |
Rabanan: Safek(7) | Rabanan: Chalitzah or Yibum |
5) | MEMA'ENES | Exempt(9) | Shmuel: Chalitzah(10) Rebbi Yochanan: Chalitzah or Yibum(*) |
6) | AYLONIS (who was known to be barren)(12) |
Exempt | Rav Asi: Exempt(11) Rava & R. Yochanan: Chalitzah or Yibum(*) |
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FOOTNOTES:
==========
(1) This is the opinion of RASHI and TOSFOS in our Sugya, who explain that
the Sotah is exempt from both Chalitzah and from Yibum. Most of the Rishonim
subscribe to this view as well. However, according to the RE'AH (cited by the
Ritva), the Sotah and her Tzarah must do Chalitzah, although they may not do
Yibum, according to Rav (see the Ritva there for an explanation of our Sugya
according to this view). This might also be the intention of the RA'AVAD
cited by the Rosh here (1:4).
(2) This refers to a married woman who married a second husband based on the
testimony of a single witness that her first husband had died. When her first
husband turns out to be still alive, mid'Oraisa, she has the status of an
Anusah and is permitted to return to him (as long as he is not a Kohen), but
the Chachamim decreed that she is prohibited to return to him, like a Sotah.
(3) This is according to RASHI and TOSFOS. According to the RE'AH (see fn.
3), the Tzarah of a Safek Sotah may do Chalitzah *or* Yibum.
(4) This refers to a case where the first husband remarried his wife after
she had been married (with Nisu'in) to and divorced from a second husband. If
she had only been betrothed (with Erusin) to the second husband, Rebbi Yosi
ben Kifar permits her to remarry the first husband. Even the Rabanan, who
prohibit her with a Lav to remarry the first husband, would not compare her
to an Ervah (to prevent her Tzarah from doing Yibum) since the verse does not
prohibit an Arusah with the term "Tum'ah" (see next footnote).
(5) The reason why the Gerusha she'Chazrah and her Tzarah are exempt from
Yibum is because the term "Tum'ah" is used by the Torah to describe her, just
like the term "Tum'ah" is used to describe Arayos. It should be noted that
the view presented in this chart regarding the Sugya of Machzir Gerushaso is
that of Tosfos (DH Tzarasah). However, from the words of RASHI (DH Tzarasah
Mahu, DH Pesulah), it appears that the "Tum'ah" of Machzir Gerushaso only
prohibits her and her Tzarah to do Yibum, but it does not exempt them from
*Chalitzah* (MAHARSHA). This is also the opinion of the RAMBAN and the other
Rishonim (on Daf 11a, 11b). Even though we find that when the Torah says
"Tum'ah" regarding a Sotah it exempts her from *both* Yibum and Chalitzah,
that is only because there is an additional verse exempting her from Yibum,
"She shall be to another man" -- and not to her Yavam (Sotah 5b), as the
Rishonim (ibid.) point out.
(6) According to the Rabanan who argue with Rebbi Yosi ben Kifar, a Gerusha
she'Chazrah does Chalitzah but not Yibum -- either because (according to the
first version of Rav Yehudah) some measure of "Tum'ah" applies to her (since
it does say "Tum'ah" in the verse that discusses Machzir Gerushaso, and "Ein
Mikra Yotzei Midei Peshuto"), or (according to the first version of Rebbi
Yochanan) because of a Kal v'Chomer, that since she is prohibited to the
husband to whom she was previously permitted, certainly she is prohibited to
the husband's brothers, to whom she was previously prohibited.
(7) The Gemara is in doubt whether she may only do Chalitzah, or she may also
do Yibum.
(8) According to TOSFOS (mentioned in footnote #5), the Safek is whether she
is completely exempt from Chalitzah and from Yibum, or whether she can do
either Chalitzah or Yibum. According to RASHI, the Safek is whether she does
only Chalitzah, or she may do Chalitzah or Yibum. (The reason to say that she
can do either Chalitzah or Yibum is because the verse says regarding Machzir
Gerushaso, "To'evah Hi" -- *she* is a To'evah, but not her Tzarah.)
(9) (We do not find this Halachah written explicitly in Shas. In fact, it
might be suggested that there is reason to suppose that she requires
Chalitzah mid'Rabanan, since she *looks* like a real Yevamah at the time that
her husband dies and she falls to Yibum.)
(10) According to Shmuel, a Mema'enes does not do Yibum, due to a Gezeirah of
"Tzaras Bito Mema'enes." Tzaras Bito Mema'enes, in turn, does not do Yibum
because she looks like the Tzarah of the Bas at the time that her husband
dies and she falls to Yibum. (Rebbi Yochanan permits the Tzarah of the
Mema'enes to do Yibum, because he holds that we do not make such a Gezeirah
here because it is a Gezeirah l'Gezeirah.)
(11) Rav Ashi exempts the Tzarah of the Aylonis, because she is a Tzarah of
an "Eshes Ach she'Lo b'Makom Mitzvah" (Rashi). Rebbi Yochanan, though,
permits her (see Insights to 12b).
(12) If he did not know about her condition when he married her, everyone
agrees that her Tzarah may do either Chalitzah or Yibum, even if the Aylonis
was also an Ervah to the surviving brother (as our Mishnah says).
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