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Yevamos 29

YEVAMOS 29 & 30 - sponsored by Hagaon Rav Yosef Pearlman of London, a living demonstration of the love and adoration of the Torah.

*1*) [line 4] V'HA GABEI ERVAH LO GAZRINAN - that is, in the case of two sisters who fall to Yibum, one of whom is an Ervah to the Yavam, the Ervah needs neither Yibum nor Chalitzah even though the other Yevamah needs Yibum or Chalitzah. If so, it seems that we do not enact Chalitzah d'Rabanan for a Yevamah who is exempt from Yibum just because her Tzarah is not exempt from Yibum or Chalitzah. (TOSFOS DH Achosah; RASHI and TOSFOS YESHANIM in their first explanation, see Insights)

2) [line 7] MUFNEH - unmarried
3) [line 10] V'HALEZU - and that one (the widow of the second brother to die, who is the sister of the widow with whom he performed Ma'amar)

4) [line 14] L'MI'UTEI HACH D'REBBI YEHOSHUA - The Mishnah Yevamos 109a discusses a case where two brothers were married to two sisters, one of whom was a Gedolah (a girl over the age of twelve, whose marriage is mid'Oraisa) and the other was a Ketanah (a girl below the age of twelve who was not married off by her father, whose marriage is only mid'Rabanan). If the husband of the Gedolah dies, the Mitzvah mid'Oraisa of Yibum comes into conflict with the marriage mid'Rabanan of the Ketanah and the living brother. In order to be exempt from Yibum, he needs to be married mid'Oraisa to the sister of the Yevamah. In order to perform Yibum, he needs to be *not* married to the sister of the Yevamah. There is an argument among the Tana'im as to the procedure that should follow. Rebbi Eliezer rules that we encourage the Ketanah to do Mi'un, which uproots her marriage to the living brother and permits him to do Yibum with the Gedolah. Raban Gamliel agrees that if she did Mi'un, the Gedolah is permitted to him. He adds that the living brother also has the option to wait until his wife reaches puberty, at which point living together gives their marriage a mid'Oraisa status. The Gedolah is then permitted to marry whomever she wants without Chalitzah, since she is the Achos Ishah (the wife's sister) of the living brother, one of the 15 women who are exempt from performing Yibum or Chalitzah. Rebbi Yehoshua laments "Woe to him for his wife; woe to him for his brother's wife," and rules that he must divorce his wife and perform Chalitzah with his brother's wife.

5) [line 18] EINO KONEH ELA LIDCHOS BA'TZARAH - (lit. [Ma'amar] only effects an acquisition to the extent that it pushes off the co-wife [b'Zikah].) Ma'amar only effects a connection between the living brother and the Yevamah to the extent that when the second brother subsequently dies and his wife (the sister of the Yevamah) also requires Yibum, that will not prohibit the living brother from performing Yibum with the Yevamah with whom he already performed Ma'amar.


*6*) [line 2] V'ZEH YA'ASEH MA'AMAR V'YIKNEH - (that is, the two Yavam's can simultaneously be Mekadesh the two Yevamos. They will not have been Mevatel Mitzvas Yevamim by doing so since at the moment that their Ma'amar takes effect, the other Yevamah is no longer Zekukah to them - TOSFOS 18b DH Omrim; see also RITVA and RASHBA)

7) [line 10] ELA DOCHEH U'MESHAYER HU - it pushes off [the sister so that the Yevamah who received the Ma'amar is not prohibited to the living brother]; but nevertheless part of the Zikah of the second sister remains [and therefore she must perform Chalitzah if she chooses to get married before the living brother performs Yibum with the Ba'alas Ma'amar].

8) [line 21] V'LITAMEI LAH
The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to come into contact with certain deceased relatives. Those relatives are his mother, father, son, daughter, brother, unmarried virgin sister from his father, and permitted wife.

(a) A man has the right to annul certain vows of his wife and his daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this if on the day that he hears the vow he states "Mufar Lach" ("it is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Shabbos 157a).
(b) A father may annul the vows of his daughter while she is a minor or Na'arah (when she grows two pubic hairs) until she becomes a Bogeres (six months after she becomes a Na'arah). If the father marries her off when she is a minor, during the period of Eirusin both the father *and* the future husband must annul the vows for them to be considered annulled. After the period of Nisu'in, the husband may annul the vows and not the father. Nobody may annul the vows of an unmarried *mature* woman; they need to be revoked, as follows.
(c) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact.

10) [line 23] ONEN (ANINUS - The Halachic status of a mourner immediately after a close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen who is an Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) For a further discussion of Aninus and the difference between Aninus mid'Oraisa and Aninus mid'Rabanan, see Background to Yoma 13:5.

*11*) [line 26] V'ELA L'INYAN MESIRAH L'CHUPAH - that is, when Ma'amar is performed *combined with* Be'ilah Be'al Korcha is the Yevamah considered only like an Arusah or is she like a Nesu'ah. Must she willingly give herself over to the Yavam in order to consummate the marriage (i.e. to make Nisu'in), or is the marriage already consummated (i.e. she is already a Nesu'ah) through the Be'ilah Be'al Korcha, even when Ma'amar was performed beforehand. (RASHI, TOSFOS)

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