(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld

Ask A Question about the Daf

Previous daf

Yevamos, 83


QUESTION: Rebbi Yehudah in the Mishnah (81a) states that a Tumtum does not perform Chalitzah, even if he is found to be a male, because he has the status of a Seris (a "Seris Chamah," who is a Seris from birth) who is exempt from doing Chalitzah. The Gemara here cites the opinion of Rebbi Yosi b'Rebbi Yehudah who says that a Tumtum may not do Chalitzah because *perhaps* he has the status of a Seris Chamah. The Gemara points out that Rebbi Yehudah and Rebbi Yosi b'Rebbi Yehudah argue in a case where there are no brothers of the dead husband except for this Tumtum. According to Rebbi Yehudah, the Yevamah may re-marry without doing Chalitzah. According to Rebbi Yosi b'Rebbi Yehudah, who says that the Tumtum is only a Safek Seris, the Yevamah needs Chalitzah mi'Safek before she is permitted to re-marry.

RASHI earlier (81a) comments that when Rebbi Yehudah in the Mishnah states that a Tumtum who was found to be a male may not do Chalitzah, this is referring to a case "when there is another brother." This implies that if there are no other brothers to do Chalitzah, then the Tumtum *does* do Chalitzah with the Yevamah.

How can Rashi say that, when our Gemara clearly explains that according to Rebbi Yehudah, the Tumtum does not have to do Chalitzah even if he is the only brother?

ANSWER: The MAHARSHA here and the YASHRESH YAKOV (81a) and explain that Rashi is not explaining that Rebbi Yehudah in the Mishnah is only referring to a case where there are other brothers. Certainly when there are no other brothers, the same Halachah applies; the Tumtum does not do Chalitzah and the Yevamah may re-marry. Rashi, though, is making an inference from Rebbi Yehudah's wording in the Mishnah. Rebbi Yehudah does not say about the Tumtum "Lo Choletz" ("he *does not* do Chalitzah"), like the Mishnah earlier (79b) says, which would have meant that the Yevamah does not need Yibum or Chalitzah. Rather, he says, "Lo Yachlotz" ("he *should not* do Chalitzah"), which is the same wording that Rebbi Yosi b'Rebbi Yehudah uses. This implies that when there are other brothers, he should not do Chalitzah.

This explanation still is not complete, though. Why did Rebbi Yehudah in the Mishnah say "Lo Yachlotz?" Rebbi Yehudah should have said "Lo Choletz," to imply that he does not do Chalitzah *at all*, even if there are no other brothers!

The answer seems to be that Rebbi Yehudah used this terminology to show that he was *responding* to Rebbi Yosi b'Rebbi Yehudah, who said "Lo Yachlotz" for a different reason -- because the Tumtum is a Safek Seris. Rebbi Yehudah responds that the reason the Tumtum should not do Chalitzah is not because the Tumtum is a Safek Seris, but because he is a certain Seris. By using the word "Lo *Yachlotz*," the Mishnah is hinting to the existence of a second opinion, that of Rebbi Yosi b'Rebbi Yehudah, (who indeed holds that he is not Choletz only when there are other brothers) without having to mention it explicitly.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,