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Yevamos 14

YEVAMOS 14 (5 Teves) - has been dedicated to the memory of Max (Meir Menachem) Turkel, on his Yahrzeit by his children Eddie and Lawrence, and his wife Jean Turkel/Rafalowicz.

1) [line 12] MECHADEDEI TEFEI - sharper, keener in their learning

(a) One of the lower forms of prophecy is called Bas Kol (lit. echo), where certain individuals of a high spiritual status hear a heavenly voice. The Gemara in numerous places cites instances when a Bas Kol was heard, relaying information from Heaven to the earth. The Halachic ruling (Bava Metzi'a 59b) is that we do not accept the ruling of a Bas Kol when it contradicts the majority opinion of the Sages.
(b) Some Tana'im ruled more stringently, asserting that we do not accept the testimony of a Bas Kol even if it follows the majority opinion. The Bas Kol said to follow the rulings of Beis Hillel, and Beis Hillel were the majority at the time, yet these opinions did not accept the rulings of Beis Hillel -- since the students of Shamai were sharper than those of Hillel. (According to Tosfos DH Rebbi, this latter opinion is that of Rebbi Yehoshua's; according to Tosfos Berachos 52a DH Rebbi, the former is Rebbi Yehoshua's opinion, and an anonymous authority takes the principle further, and follows the latter approach.)

3) [line 25] BI'MKOMO SHEL REBBI ELIEZER - in the place where Rebbi Eliezer was the leading Rabbinic authority

4) [line 33] HAVAH METALTEL SHERAGA - he (Rebbi Avahu) would carry an earthenware oil lamp on Shabbos after the fire had gone out

5) [line 37] SHAM'A - attendant, servant
6) [line 38] D'MODA LEI L'SHAM'A - he would inform his servant [not to carry it in the city of Rebbi Yochanan and those who rule like him]

7) [line 45] D'MOD'I LEHU U'FARSHEI - Beis Shamai would inform them [that such-and-such a family comes from the Yibum of a Tzaras Ervah] and Beis Hillel would not marry into that family


8) [line 7] U'MAI ULMEI D'HACH ME'HACH - why is that [case of Taharos] stronger than this [case of Tzaros, such that it is used as a proof that Beis Shamai and Beis Hilel informed each other of the outcome of their differences in ruling]?

9) [line 17] ACHAYOS
(a) The Mishnah (Daf 26a) relates a case of four brothers, two of whom married two sisters. The married brothers die, seemingly obligating both sisters to undergo the procedure of Yibum or Chalitzah. However, Tana Kama rules that since each sister has a connection of Zikah with both brothers, neither of the brothers may perform Yibum with either sister. (To do so would be similar to marrying the sister of one's "wife," since Zikah is a bond that is formed between the deceased brother's wife (or wives) and her brother-in- law (or brothers-in-law) for the purpose of performing the Mitzvah of Yibum.) They must both receive Chalitzah from the brothers. If either of the brothers performs Yibum, he must divorce his sister-in-law.
(b) Rebbi Eliezer claims that Beis Shamai and Beis Hilel argue in the case where the brothers perform Yibum. Beis Shamai allows the brothers to remain married to the sisters-in-law, while Beis Hilel rules that they must divorce them.

10) [line 17] GET YASHAN - A bill of divorce given after the date that it was written When a man writes a Get for his wife and secludes himself with her afterwards, Beis Shamai and Beis Hilel argue as to whether he is permitted to use this Get to divorce her or not (Mishnah Gitin 79b). Beis Hilel, who prohibits using this Get, is afraid that he may postpone giving it to her, causing people to be suspicious about their subsequent offspring should he give her the Get at a later time. People might think that the date recorded in the Get was also the date on which it was given, giving their children the status of children born out of wedlock. Beis Shamai does not consider that this is a cause for concern (Gemara ibid.)

11) [line 17] SAFEK ESHES ISH - A women whose marital status is in doubt RASHI offers two possibilities to explain this Halachah:

1. A girl who has not yet reached adulthood who may annul her marriage through Mi'un (see Background to Yevamos 12:1). Her marital status is considered perpetually in doubt since she may exercise the right to annul it at any time. Beis Shamai and Beis Hilel argue about many specific details pertaining to this Halachah, among them whether the right to Mi'un is restricted only to girls who are engaged or also to those who are already married. (see Mishnah Yevamos 107a).
2. A man on his deathbed who gives his wife a Get with the condition that it should apply retroactively from the day that he gives it to her if he dies from his sickness. While he is still alive, her marital status is in doubt (Mishnah Gitin 72a, Gemara Gitin 73b-74a). Rashi claims that the same argument between Beis Shamai and Beis Hilel that exists with regard to the case of "ha'Megaresh Es Ishto v'Lanah Imo b'Fundak" (see next entry) applies in this case. Beis Shamai rules that he does not need to give her another Get while Beis Hilel rules that another Get is required.
12) [line 18] MEGARESH ES ISHTO V'LANAH IMO B'FUNDAK - A man who divorces his wife and secludes himself with her at an inn When a man writes a Get for his wife and secludes himself with her afterwards, Beis Hilel rules that since we suspect that he may have betrothed her with an act of marital relations (see Mishnah Kidushin 2a), he must give her another Get. The same people who witnessed them going into seclusion are the witnesses for the Kidushin through marital relations ("Hen Hen Edei Yichud, Hen Hen Edei Bi'ah"). Beis Shamai rules that he does not need to give her another Get (i.e. we do not say, "Hen Hen...") (Mishnah Gitin 81a).

13) [line 26] V'TISBERA? - do you really think so?
*14*) [line 33] U'MAI SHENA MIN HA'VADAI - (at this point the Gemara is no longer discussing whether or not Beis Shamai practiced according to their rulings; the Gemara is simply trying to understand the Beraisa it cited earlier -- TOSFOS)

15) [line 38] [BO U'RE'EI] HEI'ACH HALACHAH ZO RAVACHAS B'YISRAEL - [Let us see] how this decision will spread (i.e. what its effects will be) among Benei Yisrael

16) [line 40] HA'VELAD PAGUM - the child is disqualified [to serve as a Kohen when the child is a male or to be married to Kohanim when the child is a female]

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