(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

Yevamos 30

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

(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. The only way to perform Yibum mentioned in the Torah is through marital relations with her. Giving her money (Kidushei Kesef) or a document (Kidushei Shtar) does not achieve marital ties between them as it does with a woman who is not a Yevamah (GEMARA Kidushin 4b). As RASHI writes (Yevamos 52a DH Nasan), it is impossible to effect Kidushin with one's brother's wife because Kidushin do not "take hold" ("Einam Tofsin") on an Ervah (see Insights to Yevamos 20:3).
(b) However, Chazal did enact a process called "Ma'amar" for a Yevamah, in which the Yavam can "effect Kidushin" with his Yevamah in a manner equivalent to Kidushei Kesef or Shtar in normal Kidushin. They decreed that a Yavam should make "Kidushei Ma'amar" before he has relations with her for the sake of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a). Kidushei Ma'amar are like an introduction to the act of Yibum. If the Yavam decides not to go through with the Mitzvah of Yibum, he must give the Yevamah a Get to remove the status of Ma'amar. (The Gemara discusses whether this "Kidushin" is exactly similar to normal Kidushin, and may not be performed against the will of the woman, or if it is slightly similar to the Mitzvah of Yibum, and therefore may be preformed against her will -- Yevamos 19b).
(c) Since Ma'amar does not effect a full acquisition of the Yevamah as the wife of the Yavam as does Yibum, the bond of Zikas Yibum between them of still exists. Therefore, if the Yavam wishes to divorce the Yevamah after Ma'amar, a Get (bill of divorce) is not enough; he must perform Chalitzah in order to render her free to marry whomever she pleases, besides divorcing her with a Get. Thus, if the Yavam wants to "divorce" the Ba'alas ha'Ma'amar before Yibum, he must both give her a Get and perform Chalitzah.
(d) According to the conclusion of the Gemara (Yevamos 29b, as understood by most of the Rishonim), Beis Shamai disagrees with what has been presented above, and rules that Ma'amar effects a full acquisition of the Yevamah *mid'Oraisa*, not only mid'Rabanan. According to some Amora'im, Beis Shamai even rules that if the Yavam wants to divorce the Yevamah after Ma'mar, a Get is enough and Chalitzah is not required (ibid.). [However, RASHI (Yevamos 29b DH Hashta) explains that even according to Beis Shamai, Ma'amar is only mid'Rabanan, see Insights ibid.] Other Tana'im are in doubt as to whether Ma'amar effects an marriage to the Yevamah mid'Oraisa or only mid'Rabanan (Rebbi Shimon, Yevamos 18b).

2) [line 9] EIN ZIKAH
(a) A woman whose husband dies without children is "Zekukah," that is, connected or bound to the brothers of her husband for the purpose of performing the Mitzvah of Yibum. She is prohibited to marry whomever she wants until one of the brothers performs Chalitzah or Yibum with her.
(b) The Tana'im and the Amora'im argue with regard to the strength of thebond of Zikah. Those who are of the opinion Yesh Zikah rule that the bond is similar to the bond of a man with his betrothed or with his wife (even though the prohibition against the Yevamah marrying a non-brother is only a Lav and is not punishable with Kares or Chenek, as in the prohibition against living with a married woman.) This comparison has certain ramifications:

1. Those who rule Yesh Zikah rule that just as a man is prohibited from marrying his wife's sister, daughter, daughter's daughter, mother or mother's mother, so, too, the Yavam is prohibited from marrying these relatives of the Yevamah, while she is his Zekukah.
2. Another outcome of the opinion Yesh Zikah is that one Zekukah may become classified as the Tzarah (co-wife) of an Ervah when there exists a *Zikah* bond between the Ervah and the dead brother.
3. Some maintain that since the Zikah causes us to consider that the living brother has already married his Yevamah, if a third brother is born before the second one performs Yibum, this third brother is considered to have been born *after* the Yibum of the second brother. (This applies only according to Rebbi Shimon, who rules that if the third brother is born after the Yibum of the second brother, the Yevamah is not considered an Eshes Achiv she'Lo Hayah b'Olamo with regard to the third brother -- Yevamos 18b-20a.)
4. Finally, according to those who maintain Yesh Zikah, the Yavam may annul (Hafarah) the vows of his Yevamah just as he may annul the vows of his wife (Yevamos 29b).
(c) Those who rule Ein Zikah argue with the above reasoning and claim that the bond of Zikah is not like the bond of betrothal or marriage; therefore, the brothers-in-law are not prohibited from marrying the close relatives of the Yevamah, etc. (However, the brothers-in-law may be prohibited from marrying the close relatives of the Yevamah for another reason, namely, because it is prohibited to avert the Mitzvah of Yibum and Chalitzah by marrying a relative of the Yevamah and thereby exempting her from the need for Yibum ("Asur l'Vatel Mitzvas Yevamin" -- see Background to Yevamos 26:5).
(d) Some opinions distinguish between the Zikah to one brother-in-law and the Zikah to two or more brothers-in-law. That is, even if we rule Yesh Zikah in the case of one surviving brother, when there are two or more brothers we rule Ein Zikah (since a woman cannot be bonded through Zikah to more than one husband). Similarly, there is a discussion in the Gemara if Zikah prohibits the Yavam from marrying the close relatives of the Yevamah even after she dies (Yevamos 17b). Even if we hold Yesh Zikah, though, when one brother performs *Chalitzah* or *Yibum* to one of the Zekukos, the Zikah is entirely removed from the others brothers and from the Tzaros retroactively (RASHI 23b DH Ein Motzi'in) permitting them to marry each other's close relatives (MISHNAH Yevamos 23b, 40b).
(e) Even those who maintain Yesh Zikah, and who prohibit the relatives of the Yevamah to the Yavam, agree that this prohibition is only mid'Rabanan (Rashi 28b DH Mitzvah Avud; Rishonim 17b -- this is self-evident since even Achos Chalutzah is only prohibited mid'Rabanan). There is one opinion, though, who maintains Yesh Zikah *min ha'Torah* (Rebbi Shimon according to Rebbi Oshiya, 18b).

4) [line 20] V'AIDI D'CHAVIVAH LEI, AKDEMAH - and since it was precious to him (because it contains a Chidush), he (Rebbi) taught it first

5) [line 21] MISHNAH LO ZAZA MI'M'KOMAH - the original Mishnah was not removed from its place even though it was indeed no longer necessary

*6*) AMAR RAV ASHI, ZOS OMERES YESH ZIKAH - that is, our Mishnah holds "Nesu'in Mapilim (see #8 below), and if the Yevamah was married to the dead brother together with the Ervah even at the *beginning* of her marriage, she does not fall to Yibum. Since the Mishnah holds Yesh Zikah, even if the Yevamah was even *Zekukah* to the dead brother at the time that the Ervah was married to him, it is considered as though the two were *married* to the dead brother at the same time, and the Yevamah (who is not an Ervah herself) is considered a Tzaras Ervah and does not fall to Yibum.


7) [line 17] TAVRA - (a) there is a contradiction (between the Mishnah on Daf 2b 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.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,