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Previous daf Yevamos 58
YEVAMOS 46-60 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 10] NIS'U ZO V'ZO - KESHEIROS U'FESULOS - if a Kohen gets married
to "these or these" [women. To which women does "these or these" refer?]
"Permitted and prohibited" [women]
2) [line 12] OCHLOS BI'TERUMAH
A non-Kohen may not eat Terumah. A Kohen's wife, who is not herself a
Kohenes, eats Terumah as long as her husband or any of their offspring are
alive, as is learned from the verses (Vayikra 22:11, Bamidbar 18:11) and the
Gemara (Nidah 44a). The Kohen's wife must be at least three years old for
this Halachah to apply.
3) [line 13] MI'CHLAL D'NIS'U, NIS'U MAMASH? - Does this mean that the word
"Nis'u" refers to actual marriage (where the marriage was consummated with
4) [line 25] V'ANHERINHU L'AININ MI'MASNISIN - and "lit up our eyes," i.e.
brought us a proof from a Mishnah (Sotah 18a)
5) [line 26] V'TANA TUNA - and it was taught in the Mishnah by our Tana
6) [line 27] SHE'LO SATISI - that I did not go into seclusion with the
prohibited individual (SOTAH)
(a) A Sotah is a woman who is suspected of committing adultery because she
was warned by her husband not to seclude herself with a certain man and she
violated the warning. The process of warning her in front of witnesses is
called Kinuy. The witnesses who see her seclude herself with the suspected
adulterer are called Eidei Stirah. The time of seclusion must be at least
for the time that it takes to roast an egg and swallow it. The woman is
forbidden to her husband until she drinks Mei Sotah (see (c), below).
(b) The husband must bring his wife to the Beis ha'Mikdash, along with a
sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal
as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the
Torah describing the curses with which a Sotah is cursed, out loud (in any
language that the Sotah understands) and makes the Sotah swear that she has
been faithful to her husband.
(c) An earthenware jug is then filled with half a Lug of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, causing the ink to
dissolve. The Sotah afterwards drinks from the water. If she was unfaithful
to her husband and had been defiled, the water would enter her body and
poison her, causing her belly to swell out and her thigh to rupture. If she
were faithful to her husband, she would remain unharmed and would become
pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in
the present day, she must be divorced and does not receive her Kesuvah.
7) [line 29] D'KANI LAH KESHE'HI ARUSAH - where the husband warned her not
to seclude herself with a certain man while she was an Arusah (betrothed)
8) [line 33] V'ISTATRAH - and went into seclusion with him
9) [line 35] MENUKEH ME'AVON - clear (lit. cleaned) of sin
10) [line 40] D'HA METARTZESA HI - that this Mishnah is correct
11) [line 6] 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).
12) [line 11] MEKANIN - the husband can give her Kinuy (the warning
described above, entry #6a)
13) [line 14] GILGUL - (lit. "rolling") the extension of an oath. If a
defendant has to take an oath in Beis Din in response to one claim of a
plaintiff, he can be required by that plaintiff to include within his oath a
response to another outstanding claim from the same plaintiff. This
extension applies even to affirmations that the defendant would not have
been required to make otherwise.
14) [line 18] MISHTAMERES L'VI'AH PESULAH LO ACHLAH - a woman who is
reserved by a man to whom she is prohibited, for instance by Eirusin,
Nisu'in or Zikah, does not eat Terumah
15) [line 24] CHALAL
(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.
*16*) [line 32] AVAL HACHA KEIVAN D'EIN LO L'HA'ACHIL B'MAKOM ACHER LO -
that is, since a document of divorce never entitles the wife of a Kohen to
eat, the Kohenes who was given who a Get Yevamim by her Yevamah will not eat
*17*) [line 34] B'CHOZERES - in the case of a non-Kohen who is married to a
Kohen. (In such a case, when her husband gives her a Get, it allows her to
eat Terumah, as a Bas Kohen.)
18) [line 35] CHOZERES, PASKAH MINEI, U'KEROVAH L'VEI NASHA - a Kohenes who
is divorced and goes back to her father's house [is not eating by merit of
her husband. To the contrary, she] is cut off from her ex-husband and is
becomes close to her father's household [and that is what entitles her to