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Previous daf Yevamos 50
YEVAMOS 46-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
*1*) [line 4] HAREI HU OMER, V'HOSAFTI - that is, the word "Amalei," "I will
make full," can even refer to *adding* years to a person's life (RASHI),
because by adding years to a person, that person lives as long as
longer-lived, healthier people, making his life fuller (ME'IRI).
*****PEREK #5 RABAN GAMLIEL*****
2) [line 14] GET (GET YEVAMIN)
(a) Just as Chazal enacted Kidushei Ma'amar for a Yevamah, so, too, they
enacted a Get Yevamim.
(b) If one of the surviving brothers performed Kidushei Ma'amar with the
Yevamah and then he decides to release her from the Zikas Yevamim through
Chalitzah, he must give her a Get Yevamim besides the Chalitzah.
(c) If the Yavam gives a Get to the Yevamah without first having performed
Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with
her, and he must perform Chalitzah.
3) [line 15] MA'AMAR
(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. It is called
Ma'amar since it is an institution of the Chachamim ("Ma'amar Chachamim" --
HAGAHAH to SHULCHAN ARUCH Even ha'Ezer 170:2). 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 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).
*4*) [line 24] CHALATZ, V'ASAH MA'AMAR NASAN GET U'VA'AL - that is, if after
Chalitzah, he performed *one of* these other three acts
*5*) [last line] EIN ACHAR CHALITZAH KELUM - that is, after Chalitzah *or
Yibum* (GEMARA Yevamos 53a, RASHI ibid. DH Teni)
6) [line 20] BEIN B'EMTZA BEIN BA'SOF, EIN ACHAREHA KELUM - no act (Get,
Ma'amar or Chalitzah) that is done afterwards has any effect (RASHI DH