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Yevamos 2

YEVAMOS 2 - dedicated by Rabbi Ari and Esther Maryles of Chicago in memory of her grandfather, Rav Chaim Mauer zt'l whose life was dedicated to helping people both physically and spiritually.

1) [line 3] CHALITZAH / YIBUM
(a) If a married man dies childless, his widow may not marry whomever she pleases. She first must undergo Yibum (levirate marriage, that is, she must marry her dead husband's brother), as the Torah states in Devarim 25:5-10. If the deceased had more than one brother, there is a preference for the oldest brother to perform Yibum (Yevamos 24a).
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.
(c) The nebulous state of the widow until a brother performs with her Yibum or Chalitzah is termed "Zikah". If she accepts Kidushin from someone during this period, despite the fact that it is forbidden to do so, the Amora'im argue as to whether the Kidushin is legally binding or not(Yevamos 92b).


2) [line 4] MI'ANU (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.
(c) According to the RAMBAM and RA'AVAD, in the above circumstances, the Chachamim also gave *her* the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

3) [line 5] AILONIS - a woman who is incapable of conception. This word is derived from the word "Ayil", a ram, which is a male and does not have a womb (Kesuvos 11a)

4) [line 21] SEREIFAH
A person who commits incest with his daughter (or her son or daughter) receives the capital punishment of Sereifah (burning). He is placed into refuse up to his knees. A hard scarf is placed within a soft scarf and is wrapped around his neck. The witnesses to his crime then pull on the ends of the scarf until the sinner opens his mouth. Molten lead is then poured down his throat, which burns his intestines. (Sefer ha'Chinuch #261)

(a) The four death penalties administered by Beis Din, in their order of stringency are:

  1. Sekilah (stoning)
  2. Sereifah (burning with molten lead, which is poured down the throat)
  3. Hereg (killing with a sword) (Sefer ha'Chinuch #50)
  4. Chenek (strangulation) (Sefer ha'Chinuch #47)
(b) According to the Rebbi Shimon, the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.
(c) If a person commits two capital offences, he is put to death with the more stringent of the two. If a number of people were sentenced to die through different death penalties, and it is not know which sentence was passed upon which person, Beis Din administers to all of them the least stringent of the death penalties to which they were sentenced.

6) [line 24] SEKILAH
A person sentenced to the capital punishment of Sekilah (stoning), is pushed off a two-story building by one of the witnesses to his crime. If he does not die from the fall, the witnesses lift a very heavy stone, which only two people can lift, and place it on his heart. If the sinner still does not die, all of those assembled stone him until he dies. (Sefer ha'Chinuch #555)

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