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Yevamos 13

YEVAMOS 13 - Dedicated by Sid and Sylvia Mosenkis of Queens, NY, in memory of Sylvia's father, Shlomo ben Mordechai Aryeh, who passed away 3 Teves 5751/1990.

*1*) [line 1] V'NIVDOK - (Even though giving birth signals that the girl *probably* grew pubic hairs, it does not *guarantee* it. Therefore, the Gemara suggests checking for the hairs, to be certain that she is a Gedolah - TOSFOS)

2) [line 17] TAVRA - (a) there is a contradiction (between our Mishnah and the Mishnah on Daf 30a) (RASHI); (b) a word used as an oath (TOSFOS Kesuvos 75b DH Tavra, citing RABEINU CHANANEL)

(a) When a person dies childless, a bond called "Zikah" is formed between his wife (or wives) and her brother-in-law (or brothers-in-law) for the purpose of performing the Mitzvah of Yibum. The wives of the dead brother may not marry until one of them has performed Yibum or Chalitzah with one of the brothers-in-law.
(b) The Tana'im argue over which point in time marks the beginning of the process of Yibum when a man dies childless. According to some, it starts at the moment the childless brother dies and Zikah is forged ("Misah Mapeles"). Others maintain that the beginning of the process of Yibum can be traced back to well before the actual Zikah is forged. In a sense, the woman begins to fall to Yibum from the moment that she marries the person who will eventually die childless ("Nisu'in Mapilim"). Yet others maintain that if the woman married and was divorced, and then remarried the person who eventually dies childless, the process of Yibum starts, to some measure, from the moment that she was *first* married to him, and when she became remarried to him ("Nisu'in ha'Rishonim Mapilim").
(c) All of the above opinions agree that whether or not there is an obligation of Yibum depends on whether the dead husband was childless at the time of *his death*. All agree, as well, that only if the husband *dies* childless does "Zikah" take effect, and not if he *divorces* his wives. They argue over a number of specific Halachos in Yibum.
(d) In our Sugya, the Gemara explains that the question of Misah Mapeles/Nisu'in Mapilim affects the Halachah stated at the end of the Mishnah (Yevamos 2b). The Mishnah (Daf 2b) states that if one of the wives of the childless brother was a close relative to the Yavam, she and her Tzaros (co- wives) are exempt from Zikah, and do not need Yibum or Chalitzah. If the wife who was a relative of the Yavam dies or is divorced before the death of the childless brother, the Yavam is permitted to marry the Tzarah (co-wife) of the close relative. According to those who hold "Misah Mapeles," the marital status of the relative *at the time of her husband's death* establishes whether the Yavam may marry the Tzarah or not; if she was divorced a moment before the death, the Tzarah must do Yibum. According to those who maintain that "Nisu'in ha'Rishonim Mapilim," the entire history of the marriage of the deceased brother is taken into account in order to establish whether the Yavam may marry the Tzarah. If the relative of the Yavam was married to the childless brother together with the co-wife at any point during their marriage, the co-wife is exempt from Yibum. It makes no difference whether or not the relative was married to the childless brother at the time of his death or not.

4) [line 23] MEMA'ENES L'MA'AMARO V'EINAH MEMA'ENES L'ZIKASO - a girl less than twelve years of age may refuse to undergo Yibum by exercising her right of Mi'un (refusal --see Background to Yevamos 12:1) in order to annul the Ma'amar of the Yavam who has given her money or a Shtar to effect Ma'amar (the equivalent of Kidushin with respect to Yibum). However, she may not annul her original marriage (to the now-deceased brother) along with the Zikah to the surviving brother through exercising Mi'un on the Yavam; she or her Tzarah (co-wife) must undergo Chalitzah before she is free to marry whomever she chooses.


5) [line 28] EIN ISUR CHAL AL ISUR
(a) An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this rule which are debated by the Tana'im (Chulin 101a):

1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.
2. Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can *never* become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

6) [line 41] LO SA'ASU AGUDOS AGUDOS - do not create factions [among Benei Yisrael]

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