[13a - 31 lines; 13b - 28 lines]
1)[line 1]שאם עבר ועבדSHE'IM AVAR V'AVAD- that if he transgressed and performed [the Avodah while wearing the eight vestments of a Kohen Gadol]
2)[line 5]הויא ליה צרה מחייםHAVYA LEI TZARAH ME'CHAYIM- he would be a "rival" during the lifetime [of the current Kohen Gadol since he is waiting to step in should the Kohen Gadol die, leading to strife even though he is not actually performing the Avodah]
3)[line 12]ורבנן נימרו אינהו לנפשייהו!V'RABANAN NEIMRU INHU L'NAFSHAIHU!- and why do the Rabanan not say to themselves [that once we begin to take precautions against Tum'ah, there is no end to the number of understudies which must be designated]!
4)[line 15]ומי סגי ליה בתקנתאU'MI SAGI LEI B'TAKANTA- [according to Rebbi Yehudah,] is it enough of a decree [to simply designate a woman who will step in should the wife of the Kohen Gadol pass away]?
5)[line 17]דמקדש להD'MEKADESH LAH (EIRUSIN / NISU'IN)
(a)There are two major stages of a Jewish marriage. These are:
1.EIRUSIN - betrothal. The first stage of marriage, termed "Erusin" in the Torah (Devarim 22:23), designates a woman as the wife of her husband. The Chachamim refer to this stage as "Kidushin" to convey that through this act, a man specifies a woman to be his wife to the exclusion of the entire world, just as it is prohibited to utilize Hekdesh (an object sanctified to the treasury of the Beis ha'Mikdash) for one's own use (Kidushin 2b; see TOSFOS to Kidushin 7a DH v'Nifshetu).
2.NISU'IN - the completion of the marriage. Following this stage the husband brings his wife into his house, and they live as man and wife.
(b)For a full discussion of the entire process of a Jewish marriage, see Background to Kidushin 2:1.
6)[line 17]כניס להKANIS LAH- bring her in; i.e., complete the marriage with Nisu'in
7)[line 19]בתיםBATIM- households; this is the way in which the verses in the Torah often refer to a wife
8)[line 20]מגרש להMEGARESH LAH (GITEI NASHIM)
(a)Should a man wish to divorce his wife, he must write a Sefer Kerisus (document of severance) and hand it to her in front of two witnesses (Devarim 24:1). In the language of Chazal, the act of divorce is termed Gerushin, and the divorce document is referred to as a Get.
9)[line 21]הדרא קושיין לדוכתאHADRA KUSHYAN L'DUCHTA- our question returns to its place
10)[line 22]על מנת [שתמותי...]AL MENAS [SHE'TAMUSI...]- on condition [that you die...]. This way, if she dies then the Kohen Gadol will have only one wife, and if his first wife dies, then he will also have only one wife. RASHI points out that this suggestion, as well as many of those to follow, are obviously untenable. The Gemara offers and rejects these scenarios in order to rule out any other possible solutions.
11)[line 24]הךHACH- that [other wife]
12)[line 29]וחייכיV'CHAYEICHI- and your life
13)[line 29]אין זה כריתותEIN ZEH KERISUS (GITEI NASHIM: KERISUS)
(a)From that which the Torah refers to a Get (see above, entry #8) as a "Sefer Kerisus" - "document of severance" - Chazal understand that a Get must completely break the connection between a husband and his wife. Should the husband introduce a retroactive condition into a Get that cannot be completely fulfilled within his wife's lifetime, then the Get is invalid. This is because there will never be a point in time at which this woman will no longer be tied to her ex-husband; she must still be careful not to transgress the condition stipulated in the Get. TOSFOS (DH Kol Yemei) points out that the understanding of our Gemara is that even if the fulfillment of the condition does not necessarily extend for the length of the woman's lifetime, as long as it may possibly do so, then the Get does not fulfill its role of Kerisus and is invalid.
14)[last line]בפלגא דעבודהB'PALGA D'AVODAH- in the middle of the Avodah
15)[last line]איגלי מלתא למפרעIGLA'I MILSA L'MAFRE'A- the matter will be retroactively revealed
16)[line 8]על מנת שלא תכנסי לבית הכנסתAL MENAS SHE'LO TIKANSI L'BEIS HA'KENESES- on condition that you do not enter a synagogue [on Yom ha'Kipurim]. This way, if the first wife does, indeed, pass way, then she will not have entered a synagogue and will become retroactively divorced from before Yom Kipur began.
17)[line 18]דקא בעיא למימתD'KA BAYA L'MEIMAS- that [she] is going to die (see Insights)
18)[line 21]אלא מעתהELA ME'ATA- now that we have established [that when the verse refers to a wife using the word "Bayis" then only one wife is implied]
19)[line 22]לא יתייבמוLO YISYABMU (YIBUM / CHALITZAH)
(a)If a married man should die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).
(b)If the brother(s) does not wish to carry out this Mitzvah, he must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.
(c)The question posed in our Gemara is based upon the verse which refers to the wife of the deceased brother as "Beis Achiv" (Devarim 25:9). Since "Bayis" refers to a household of only one wife, Yibum should not apply if the deceased brother had had more than one wife! This cannot be true, as the Gemara in Yevamos details many derivations and laws concerning such a situation.
20)[line 22]"יבמתו" "יבמתו" ריבהYEVIMTO YEVIMTO RIBAH- the extra use of the word "Yevimto" [in the verse (Devarim 25:7)] includes [a situation in which the deceased brother had more than one wife]
21)[line 23]אלא מעתהELA ME'ATA- now that we have established [that when the verse refers to a wife using the word "Bayis" then only a wife who is fully married following Nisu'in is implied]
22)[line 23]ארוסהARUSAH- a betrothed woman (see above, entry #5)
23)[line 23]["כִּי יֵשְׁבוּ אַחִים יַחְדָּו, וּמֵת אַחַד מֵהֶם וּבֵן אֵין לוֹ, לֹא תִהְיֶה אֵשֶׁת הַמֵּת] הַחוּצָה [לְאִישׁ זָר...]""[KI YESHVU...] HA'CHUTZAH"- "[When brothers dwell together, and one of them dies childless, the wife of the deceased shall not marry] out [to a strange man...]" (Devarim 25:5). The word "ha'Chutzah" - "out" - is not necessary in order to understand the verse.
24)[line 24]אונןONEN (ANINUS)
(a)On the day upon which one of a person's seven closest relatives for whom he is required to arrange burial for (father, mother, brother, sister, son, daughter and spouse) passes away, he has the status of an Onen according to Torah law. An Onen who is a Kohen may not perform the Avodah in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, no Onen - even a Kohen Gadol - may partake of Kodshim, Bikurim or Ma'aser Sheni.
(b)The Rabanan decreed that these prohibitions apply for a time after Aninus mid'Oraisa has passed. The Tana'im and Rishonim disagree, however, as to the nature of this Gezeirah. There is a Machlokes as well as to whether Aninus mid'Oraisa applies for the entire day of death or for only part of the day (under certain circumstances). With regard to these questions, Aninus may be broken into five time periods, as follows:
1.On the day of death, prior to the burial - according to all opinions Aninus mid'Oraisa applies, as above.
2.On the day of death, following the burial - according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3.The night following the death (according to Rashi in #2, before the burial; according to Ramban in #2, even after the burial) - the Tana'im disagree as to whether Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most Rishonim rule that such Aninus is not mid'Oraisa but rather mid'Rabanan.
4.During the days following the day of death, even if the body has not been buried - Aninus applies only mid'Rabanan (Zevachim 100b) until the end of the day of burial. Similarly, on the day of "Likut Atzamos" (when the remains of one of one's seven closest relatives are exhumed and re-buried), the Rabanan decreed that one is an Onen for that entire day.
5.The night following the day of burial - the Tana'im (Zevachim 100b) disagree as to whether one is an Onen mid'Rabanan or not at all. The Halachah follows the opinion which states that he is not an Onen.
25)[line 25]להביאו מתוך ביתוL'HAVI'O MITOCH BEISO- to bring him from his house a) even if he had not been in the middle of performing the Avodah (RABEINU ELYAKIM); b) since it is a Mitzvah to involve the Kohen Gadol in the Avodah the entire day that he is an Onen, in order to distract him from his grief (RASHI; see Insights)
26)[line 26]אפוקי מפקינן ליהAFUKEI MAFKINAN LEI- we remove him
27)[line 26]היה עומד ומקריבHAYAH OMED U'MAKRIV- if [a Kohen Hedyot] was standing and offering sacrifices
28)[last line]ואת אמרת מייתינן ליה מתוך ביתו?V'AT AMRAT MAISINAN LEI MI'TOCH BEISO?- and you say that we bring [the Kohen Gadol] from his house? If Rebbi Yehudah is more stringent than his peers with regard to the Aninus of a Kohen Hedyot, is it reasonable to say that he is less stringent with regard to the Aninus of a Kohen Gadol?