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Yevamos 94

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

1) [last line Yevamos 93b, line 1] D'MISNA HU D'SANYA LEI - she hates him (the Yavam)

2) [line 10] EIDEI HAZAMAH (EIDIM ZOMEMIM - Conspiring witnesses) If two witnesses testify to a crime and a later set of witnesses disqualify their testimony by saying that the first set of witnesses were with them in a different place at the time the first set of witnesses claim the act took place, the first witnesses are termed Edim Zomimin. The Torah commands that the second set of witnesses be believed, rather than the first. In general, they are punished with the punishment they tried to cause. (Devarim 19:16-21. See MISHNAH Makos 5a)

*3*) [line 11] HACHA NAMI B'EIDEI HAZAMAH - (The Gemara could have used this suggestion to refute the proof that the Gemara suggested earlier, on 93b [regarding the Lishna Kama] as well -- RASHBA)

(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).

5) [line 22] CHAISHA A'KILKULA D'ZAR'A V'DAIKA - she worries about getting her children into trouble (since Rebbi Akiva rules that the children of a relationship of Chayavei Lavin such as Yevamah la'Shuk are Mamzerim) and she is careful [to make sure that her Yavam has certainly died before she remarries] (Note: it seems that when the Gemara states "l'Rebbi Akiva Itzterich," it is referring only to the case of "Mes Yevami" and not "Mesah Achosi")

6) [line 34] MARGENISA - a gem
7) [line 35] CHASPA - a potsherd

8) [line 37] REI'ACH HA'GET - (lit. the scent of a Get)
(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) 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)
(c) When a man gives a Get (bill of divorce) to his wife and stipulates that she be divorced from him but *not* permitted to marry any other man, the Get is invalid. However, it is effectual in that it causes her to be Pasul to marry a Kohen, should her husband die before he gives her a Kosher Get.


9) [line 8] GISO - *specifically* a man's wife's sister's husband
10) [line 33] OSO V'ES SHTEIHEN - (a) he *with* the two of them, i.e. he incurs the Sereifah punishment when his wife and mother-in-law are still living; (b) he and *one of the two* of them, i.e. he incurs the Sefeifah punishment and one of the two of them (his moter-in-law, if his wife is still living) (RASHI to Sanhedrin 76b. See RASHASH)

11) [line 34] MASHMA'US DORSHIN - the implication of the verse regarding how to learn the Halachah

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