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Yevamos 91

YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 5] KENASA - penalty

One of the stipulations of marriage which are imposed by Beis Din and which are written explicitly in the Kesuvah (the Jewish marriage contract) is called "Kesuvas Benin Dichrin." If the wife dies before her husband, her sons inherit the full value of her Kesuvah when he dies (and not the sons of his other wives), aside from the remainder of the estate (which is split equally between all of the sons).

*3*) [line 14] V'LO MID'RABANAN - that is, the Rabanan did not *permit him* to perform Yibum (and the Torah did not *require him* to perform Yibum) -- see Insights.

4) [line 16] BASRA'EI MODU L'KAMA'EI - the [Tana'im who appear] later [in the Mishnah] agree to the earlier [Tana'im]

5) [line 23] L'MISHKAL U'MEIPAK KAI - that she is meant to collect and leave him
6) [line 38] GANAVA GENUVEI LAMAH LACH? - Why do you say your ruling in a sneaky fashion, "like a thief," as if it is agreed upon by all of the Tana'im? Say openly that you rule like Rebbi Shimon! (RITVA, 1st explanation. See there for an alternate explanation.)

7) [line 43] AMINA, KI NAYIM V'SHACHIV RAV, AMARAH L'HAI SHEMA'ATA - I think that Rav must have been dozing off or sleeping when he stated this teaching

*8*) [line 47] AL PI EDIM LO BAYA GITA - that is, it is clear that the Rabanan do not require the second husband to give a Get [and from this it may be implied that they did not apply any of the other penalties of the Mishnah either]. (See Tosfos DH Al)


9a) [line 7] KASAV L'SHEM MALCHUS SHE'EINAH HOGENES - if a Sofer wrote a Get [when he was in one kingdom, counting according to the years of a different kingdom; e.g.] according to the Roman kingdom [when he was in Bavel] (RASHI to Gitin 79b)
b) [line 7] MALCHUS SHE'EINAH HOGENES - (lit. an improper kingdom) this refers to the Roman Empire that is termed "improper" because (a) they did not have their own language or script. The Latin language was not native to Italy but was brought into the Italian Peninsula by Italic peoples who migrated from the north. The Roman alphabet was adapted from the early form of the Etruscan alphabet. (RASHI); (b) they do not have a distinct idiom spoken only by the monarchy (TOSFOS YESHANIM, TOSFOS to Avodah Zarah 10a DH she'Ein, quoting RI)

10) [line 12] L'AKRUYEI L'GITA - to have the Get read [in front of an expert]
11) [line 16] L'AMTUNEI - to wait
12) [line 22] SHOVER - a receipt (for the Kesuvah, given to the husband or his heirs after the value of the Kesuvah is collected)

(a) In order for a man to divorce his wife, he must write her a Get (bill of divorce), as it states in Devarim 24:1. A Get may be written on any surface, including paper, parchment, potsherds, leaves that do not wither, the hand of a slave and the horn of a cow (RAMBAM Hilchos Gerushin 4:3).
(b) Two types of Gitin were in use at the time of Chazal: a Get Pashut and a Get Mekushar. A Get Pashut is written on a piece of parchment, etc. that is Pashut (spread out and unfolded). A Get Mekushar is written in a very cumbersome manner. One or two lines are written, part of the parchment is folded over the writing and the fold is sewn down. A witness must sign on each part that is folded over. A Get Kere'ach "has more folds than signatures" and is invalid, since it lacks the number of signatures required. The Get Mekushar was instituted so that quick-tempered Kohanim would not be able to divorce their wives easily, since a Kohen may not marry a divorcee. It was assumed that the amount of time necessary to write a Get Mekushar would give the Kohen time to calm down.
(c) A Get must be written for the sake of the woman who is to be divorced, as is learned from the verse in the Torah, "v'Kasav *Lah* Sefer Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1). The scribe must therefore write at least: 1. the name of the wife, 2. the name of the husband, 3. the place and 4. the words "Harei At Muteres l'Chol Adam" - "You are hereby free to marry whomever you wish," with the intention that this Get will be used to divorce this specific woman. (See RAMBAM Hilchos Gerushin 3:7)

14) [line 37] V'ASHINUEYI LEIKU V'LISMOCH? - And should we depend upon those [forced] answers to dictate the Halachah?

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