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Yevamos 118

YEVAMOS 116-119 - have been sponsored through the generous contribution of Mr. Uri Wolfson and family

1a) [line 6] "TAMOS NAFSHI IM PELISHTIM" KA'AMRA - her intentions were similar to those of Shimshon on the day of his death when he killed many Pelishtim along with himself (see next entry). She had intended to cause her Tzarah anguish by saying that their husband had not died and therefore they both could not get married. The Gemara presumed that since this is a valid interpretation of her words even if the truth was that their husband had indeed died, she should also be *permitted* to remarry, along with her Tzarah. The Gemara concludes that the Mishnah teaches us that we do not use this logic, and she alone is prohibited from remarrying.

b) [line 6] "[VA'YOMER SHIMSHON,] TAMOS NAFSHI IM PELISHTIM..." - "[And Shimshon said (to HaSh-m),] 'Let me die with the Pelishtim.' [And he bowed with all his might; and the house fell upon the lords, and upon all the people who were in there. And so, the dead whom he slew at his death were more than those whom he slew in his life.]" (Shoftim 16:30)

*2*) [line 11] D'CHOL LO MES B'EDUS ISHAH LAV HAKCHASHAH HI - when the *Tzarah* says that the husband did not die, it is not considered to be contradictory testimony and we do not take it into account (TOSFOS and Rishonim)


*3*) [line 3] U'MENI'ACH KESUVAH BEINEIHEN - (The Mishnah is apparently discussing an Arusah from whom the husband wrote a Kesuvah, even though he did not have to write a Kesuvah for her until the Nisu'in -- RAMBAM in Perush ha'Mishnah, see TOSFOS YOM TOV)

(a) When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). This act may be performed by the Shali'ach (agent) of the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial for a person, even though he has not appointed a Shali'ach to do so, someone may acquire it for the person as if he were his Shali'ach. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to why "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin..." that allows one person to acquire an object for another person in such cases (RAN to Kidushin 42a -- this may be an argument among the Tana'im in Bava Basra 156b).
(c) The Rishonim write that if the recipient expresses (afterwards, when he finds out about the Zechiyah) that he does not wish to accept the object, he does not obtain ownership (although in rare instances the Rishonim suggest that "Zachin" would work even if the recipient refuses the acquisition when he hears about it -- see RASHBA to Kidushin 23b).

5) [line 37] NEYACHAH D'GUFA ADIF LAH - she would rather have the satisfaction of [another] body [beside her]

6) [line 38] TAV L'MEISAV TAN DU MIL'MEISAV ARMELU - It is better to sit together as a couple (even with a husband of low status) than to sit alone like a widow

7) [line 38] D'SHUMSHEMANA GAVRA, KURSEI BEI CHARTA RAMU LAH - [Even though] her husband is [as short as] an ant, she sets her chair among the noble women (saying, "I have a husband just like you do!")

8) [line 39] D'NAFTZA GAVRA, TIKREI B'SIPEI VAVA V'SEISIV - [Even though] her husband has the revolting job of combing wool to untangle the clumps of raw material into separate strands, she [is not embarrassed when she] calls to him from the threshold of the gate (in public) to sit next to her

9) [line 40] D'KULSA GAVRA, LO BAIYA TELAFCHEI L'KIDRA - [Even though] her husband (a) is of questionable lineage (RASHI); (b) sells heads of cabbage (TOSFOS), she does not even ask him for lentils (a very inexpensive food) for her pot (i.e. she does not ask him for anything, as long as she can be called Mrs. So-and-so (RASHI).

10) [line 41] V'CHULAN MEZANOS V'SOLOS B'VA'ALEIHEN - and all [of these women who are married to men of low status] have extra-marital relationships and attribute [the paternity of the resulting children] to their husbands

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