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Yevamos 10

YEVAMOS 10 (Chanukah) - has been sponsored through the donation of Alex and Helen Gross of Rechavya, Jerusalem; may the light of the Torah always light their home and the homes of their descendants!


i. The way to remember the case is 'death, birth, Yibum; death, birth, Yibum'.
2. Answer #1(To question 2, 9B): Rebbi does not hold of these rules (and omits cases on which there is dispute).
3. Answer #2 (Rav Ada): Really, Rebbi holds of the rules. His objection was that both rules cannot apply to one's mother, who was raped by his father.
i. If Yakov (the father) raped 2 sisters, we have 2 sisters falling to Yibum, but we cannot say that each is permitted to a different brother (since the one that is not his mother is his aunt).
ii. If he raped 2 unrelated women, we can have that each is permitted to a different brother (one that is not her son), but they are not sisters.
4. Answer #3 (Rav Ashi): Rebbi does not hold of these rules; the Mishnah deals with cases of dispute.
i. He criticized Levi for not deducing from the coming Mishnah that R. Yehudah (who prohibits a man to a woman raped by his father) the is the Tana.
(b) (Mishnah): 6 Arayos are more severe than these - they can only marry others (but not any of the brothers), so their Tzaros are permitted;
1. Shimon's mother.
2. His father's wife.
3. His father's sister.
(c) Question: What is the case of his mother?
1. Suggestion: If she was married to his father - that is the 2nd case!
2. Rather, she was raped by his father; and the Mishnah says, she can marry others, not the brothers!
3. R. Yehudah is the Tana that says that she is forbidden; this is why the first Mishnah omitted this case.
(d) Question (Ravina): The case can also be found according to R. Yehudah, if he transgressed and married her!
(e) Answer (Rav Ashi): The Tana does not list cases which come through forbidden marriages.
(f) Question (Rav Ashi): The case can arise through permitted marriages!
1. Yakov raped the wife of his son Reuven, and had a son. Reuven died without children. His widow falls to her son to Yibum.
i. Since she is forbidden, her Tzarah is also forbidden.
(g) Answer (Rav Kahane): The Tana deals with permitted cases of sisters, not with forbidden cases.
(h) Still, Levi included in his Mishnah - sometimes Shimon's mother exempts her Tzarah, sometimes not.
1. If she was married to the father, she does not exempt the Tzarah.

2. If she was raped by the father and married a brother, she exempts the Tzarah.
(i) Even though we learned that 15 cases exempt the Tzarah, we find this 16th case.
(a) Question (Reish Lakish): According to Levi, who learns that Bedi'eved cases are listed - let the Mishnah teach, one who does Chalitzah to his Yevamah, then engages her and dies without children.
1. Since she may not do Yibum, her Tzarah is also exempt!
(b) Answer (R. Yochanan): This case is omitted, since there cannot be the Tzarah of a Tzarah.
1. Question: Why didn't R. Yochanan answer, one who engages his Yevamah after Chalitzah is Chaivei Lavin, and they do Yibum or Chalitzah!
2. Answer: R. Yochanan answered according to Reish Lakish's opinion.
i. I (R. Yochanan) hold that they are Chaivei Lavin, and do Yibum or Chalitzah. You (Reish Lakish) who hold that they are Chaivei Krisus, can answer because we cannot find the Tzarah of a Tzarah.
(c) One who engages his Yevamah after Chalitzah. Reish Lakish says, he is not punished with Kares if he has relations with her, but the brothers are; both he and the brothers do get Kares for relations with a Tzarah;
(d) (R. Yochanan): Both he and the brothers are not punishable with Kares, not for her nor for the Tzaros.
(e) Question: What is the reason for Reish Lakish?
(f) Answer: "That will not build the house of his brother" - once he has not built, he cannot build.
1. He (the one who did Chalitzah) is forbidden by this Lav - his brothers are forbidden as they used to be (Kares, without the Mitzvah of Yibum to permit it).
2. The Lav only applies to the widow that did Chalitzah - the others are forbidden as they used to be.
3. R. Yochanan argues - we never find, that initially any brother may do Chalitzah on any widow, and now (that he did not do Chalitzah to her), he will be forbidden to her with Kares?!
(g) Rather, the brother that does Chalitzah acts on behalf of all brothers; the widow that does Chalitzah acts on behalf of all the widows.
(h) Question (R. Yochanan - Beraisa): One who does Chalitzah to his Yevamah, then engaged her and died - she must do Chalitzah with the brothers.
1. This fits with the opinion that the prohibition is only a Lav - therefore, the engagement takes effect, and Chalitzah is needed.
2. If the prohibition has Kares - the engagement does not take effect, why is Chalitzah needed?
(i) Counter-question: The end of the Beraisa teaches, if one of the brothers engaged her, she has no claim on him.
1. If it is only Chaivei Lavin, why does she have no claim on him?
(j) Answer #1(Rav Sheshes): The end of the Beraisa is as R. Akiva, who says that engagement does not take effect by Chaivei Lavin.
(k) Question: If so, let it say, according to R. Akiva, she has no claim on him!
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