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Yevamos 44

YEVAMOS 44 (6 Shevat) - l'Iluy Nishmas Moras Keila Bas Ha'chover Moshe Mordechai A"H, by Joseph Hoch of Flushing, NY.

1) [line 9] KALECH ETZEL SHE'KEMOSCHA - go to (and marry) someone like you, e.g. of your age

2) [line 12] KI HEICHI D'MIMTEYEI ONAH B'CHODESH - so that he will have relations with each wife once in a month. The Gemara is referring to a Talmid Chacham whose Chiyuv of Onah is on each Leil Shabbos (RASHI)

(a) Chazal teach (Yevamos 20a) that every woman whom the Torah requires to have Yibum may also perform Chalitzah. Similarly, when a woman has no Zikah for Yibum (i.e. she is not bound to one or more Yavam by the Torah in order for him to perform Yibum with her), she is not required to perform Chalitzah either. She may marry whomever she pleases, immediately. The reason for this is that when there is no Zikah for Yibum, it is a sign that no connection at all exists between the brother of the deceased and the deceased's wife.
(b) There are some exceptions to this rule:

1. When a doubt exists as to whether there is an obligation to do Yibum or not, the Yavam performs Chalitzah and not Yibum, because of the doubt (RASHI Yevamos 3a DH Havah Amina).
2. When mid'Oraisa there is an obligation to perform Yibum but mid'Rabanan Yibum cannot be performed (e.g. an Ervah mid'Rabanan), the Yavam performs Chalitzah and not Yibum (Yevamos 20a).
3. When the Yavam is prohibited from performing Yibum because of an Isur Aseh or Lo Sa'aseh mid'Oraisa, he still must perform Chalitzah. These Isurim do not have the power to remove the Zikah for Yibum entirely (ibid., RASHI Yevamos 9a DH v'Harei).
4) [line 27] TZARAS ERVAH
When a man dies childless and his wife is an Ervah to the Yavam, she does not fall to Yibum and as such she is exempt from the Mitzvos of Yibum and Chalitzah. She may marry whomever she pleases, immediately. Chazal teach (Yevamos 3b, 8a) that not only is the Ervah exempt form Yibum and Chalitzah, but also her Tzarah, the second wife of the deceased. (However, if there are other Yevamim to whom she is not prohibited because of an Isur Ervah, the two women may not get married until one of the Yevamim performs Yibum or Chalitzah with one of the wives of the deceased.)

5) [line 30] A'VERAI KAIMA - (lit. is outside) is prohibited to the Yavam as his brother's wife with no Heter of Yibum, and it is considered as if the "house" of the deceased brother only contains one woman, the Tzarah
6) [line 33] MEI VORO - the water in his well

(a) It is forbidden for any Jew to remarry his wife after divorcing her, if she married someone else in the interim (who subsequently divorced her or died), as the Torah states, "Lo Yuchal Ba'alah ha'Rishon Asher Shilecha, Lashuv l'Kachtah..." (Devarim 24:4). This Isur applies only if she was married after the initial divorce; if she was raped, her ex-husband may remarry her.
(b) The Tana'im argue as to whether the ex-husband is prohibited from remarrying her if she became engaged (but not married) to someone else after the initial divorce (Yevamos 11b).

8) [line 36] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing offspring and render them Mamazerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

9) [line 44] HA'TIMNI - from Timnas/Timnah, identified with the village Tibnah, located on the road between Beit Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district


10) [line 1] SHE'HA'VELAD PAGUM L'KEHUNAH - 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]

(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute or Chalalah (Vayikra 21:14). A Kohen Hedyot is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The prohibited union also renders the woman a Chalalah. The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash and according to some sources is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.

12) [line 33] ZONAH
(a) One of the women prohibited to the Kohanim is a Zonah (Vayikra 21:7, 14). The Rabanan learn that the Zonah of the Torah refers to any of several different women:

1. A Nochris.
2. A woman who had relations with a man whom she is prohibited to marry. Included are a Nochri, slave, Isurei Arayos, Chayavei Lavim that are not specific to Kohanim (Nasin, Mamzer, Petzu'a Daka, etc.) and Isurei Aseh.
3. A woman who had relations with a Chalal, even though she is permitted to marry him.
4. A woman who converted or a maidservant who was freed.
(b) The status of Zonah does not come about just because of relations that are prohibited. For example, a woman is not rendered a Zonah if she has relations during the time that she was a Nidah or if she had relations with an animal, but rather from relations with a man whom she is prohibited to marry (except for a Chalal, as above, a:3). (RAMBAM Hilchos Isurei Bi'ah 18:1-5)

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