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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 12

YEVAMOS 11 & 12 (2 & 3 Teves) - the Dafyomi study for the last day of Chanukah and 3 Teves has been dedicated to the memory of Hagaon Rav Yisrael Zev Gustman ZaTZaL (author of "Kuntresei Shiurim") and his wife (on her Yahrzeit), by a student who merited to study under him.


(a) The attempted answers 3:d and 3:e (Daf 11B) are proposed and rejected exactly as above.
(a) (Rav Lili Bar Mamal): The Tzarah of a girl that does Mi'un is prohibited.
(b) Question: To whom?
1. Suggestion: If to the brothers - She herself is permitted, is there any question by her Tzarah?
i. (Shmuel): If she did Mi'un on one brother, she is permitted to a different brother.
(c) Answer: It must be, to himself.
(d) Question: One who does Mi'un is permitted to the brothers, since they did not do an action with her - he should also be permitted to the Tzarah, since he did no act with her!
(e) Answer: She is prohibited because of a decree, lest one permit the Tzarah of one's daughter who does Mi'un.
(f) Question: Is the Tzarah of one's daughter who does Mi'un really forbidden?
1. (Mishnah): All these cases, if they died or did Mi'un, the Tzaros are permitted.
2. Question: On whom did she do Mi'un?
i. Suggestion: If she did Mi'un on her husband - this is the same as being divorced!
ii. Rather, it must be, she did Mi'un on the Yavam.
iii. Rejection: Really, she did Mi'un on the husband - 2 kinds of divorce are taught.
(g) Question: When she does Mi'un on the husband, she uproots the marriage - when she does Mi'un on the Yavam, she also uproots the original marriage!
(h) Answer: The Tzarah is forbidden for the reason of Rami Bar Yechezkeil.
1. (Rami Bar Yechezkeil): If she did Mi'un on the husband, she is permitted to the father; if she did Mi'un on the brother, she is forbidden to the father;
2. We see, when she fell to Yibum, she looked like his daughter-in-law, and is therefore forbidden.
3. Here too, when she fell to Yibum, she looked like the Tzarah of his daughter.
(a) (Rav Asi): The Tzarah of an Ailonis is forbidden - "That she will give birth to" excludes an Ailonis, since she is sterile.
(b) Question (Rav Sheshes - Mishnah): 3 brothers are married to 3 unrelated women. One brother died; a second brother did Ma'amar on his widow and then died. The widows do Chalitzah but not Yibum.
1. "And one of them died" - Yibum applies when she is widowed from one brother, not from two.
(c) (Rav Yosef): This is the case of a Tzarah of a brother's wife that the prohibition of the fall to Yibum causes her to be forbidden; we do not find a case in the Torah like this.
1. Suggestion: Doesn't Rav Yosef come to exclude the Tzarah of an Ailonis, who is permitted?
2. Rejection: No, he comes to exclude the Tzarah of an Ailonis, who is forbidden.
3. Question: If so, why did he say *this* is the case?
4. Answer: In the case of the Mishnah, the Tzarah needs Chalitzah; the Tzarah of an Ailonis does not need Chalitzah.
5. Question: Why?
6. Answer: The prohibition to do Yibum in the Mishnah is only Rabbinic; an Ailonis is forbidden by the Torah to do Yibum.
(d) Question (Mishnah): In any of these cases, if she died ... or was found to be an Ailonis, the Tzaros are permitted.
(e) Answer: In the Mishnah, the husband did not know that she was an Ailonis (so they were never married); Rav Asi speaks of a case where he knew that she was an Ailonis.
1. This is supported by the language of the Mishnah - she were *found* to be an Ailonis, it does not say she was an Ailonis.

(f) (Rava): The law is, the Tzarah of an Ailonis is permitted, even if he knew she was an Ailonis, even if the Ailonis was his daughter.
(g) Question: But the Mishnah says if she was *found*!
(h) Answer: It should say, if she *was*.
(i) (Ravin): The Tzarah of a girl that does Mi'un, of an Ailonis, or of a divorcee that returned to her husband (after marrying someone else), all are permitted.
1. (Rav Bivi): 3 women use a cloth to prevent pregnancy - a minor, a pregnant woman, and a nursing woman.
i. A minor prevents pregnancy, since it would kill her!
ii. A pregnant woman prevents a second conception, since this could damage the first fetus.
iii. A nursing woman prevents pregnancy, since it could force her to wean her baby.
2. (R. Meir): A minor between 11 and 12 years old uses a cloth; if she is younger or older, no;
3. (Chachamim): At any age, she has normal relations, and Heaven will have mercy on her - "Hash-m guards the simple".
(b) Since it says, *lest* she will get pregnant and *lest* she will die - this implies that a minor may get pregnant and not die!
1. If so, we can find the case of a mother-in-law doing Mi'un!
2. Question: But the Mishnah says, one cannot find the case of a mother-in-law doing Mi'un!
3. Answer: Rather, say 'lest she get pregnant and (certainly) die'.
(c) (Rabah Bar Livai): Before this age (11), she will not get pregnant at all; during this time (11 to 12), she and the fetus will die; after (12), she and the fetus will live.
(d) Question: But Rabah Bar Shmuel taught, one cannot say that the mother-in-law ... since she already gave birth! (Implying, she could give birth as a minor.)
(e) Answer: As we originally taught, lest she get pregnant and lest she die.
1. Question: But we had to change this to answer question b:2!
2. Answer #1 (Rav Safra): Children are as signs of adulthood.
3. Answer #2: Some say, children are better than signs of adulthood.
4. Question: What is the difference?
5. Answer: Even R. Yehudah, who says that a girl may do Mi'un until she has many hairs, admits that she may not do Mi'un if she has given birth.
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