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Yevamos 13

YEVAMOS 13 - Dedicated by Sid and Sylvia Mosenkis of Queens, NY, in memory of Sylvia's father, Shlomo ben Mordechai Aryeh, who passed away 3 Teves 5751/1990.


(a) (Rav Zvid): A woman cannot have children without bringing signs of adulthood.
(b) Question: Let us check!
(c) Answer: We suspect that they might have fallen out.
1. This fits the opinion that is concerned that signs of adulthood fell out.
2. How will we answer for the opinion that is not concerned?
3. Answer: He admits that we are concerned that they fell out due to the pain of childbirth.
(a) (Mishnah): The Arayos exempt their Tzaros and the Tzaros of their Tzaros.
(b) Question: What is the source of this?
(c) Answer #1(Rav Yehudah): "Litzror (to be a co-wife)" - the extra "Reish" suggests many Tzaros.
(d) Answer #2 (Rav Ashi): It is logical. A Tzarah is forbidden because she falls to Yibum with an Ervah - the Tzarah of a Tzarah also falls to Yibum with an Ervah!
(e) (Mishnah): If the Ervah ... was divorced ... the Tzaros are permitted.
(f) This applies even if the deceased married the Tzarah before he divorced the Ervah.
(g) Contradiction (Mishnah): 3 brothers, 2 are married to sisters, the 3rd to an unrelated girl. A husband of a sister divorced her, then the husband of the unrelated girl died. The divorcer did Yibum, then died. In this case, we say, if the Ervah ... was divorced, the Tzaros are permitted.
1. We only say this because he divorced before doing Yibum; if not, not!
(h) Answer #1(R. Yirmiyah): We must say, different Tana'im taught these Mishnayos.
1. The Tana of our Mishnah considers the widows to fall to Yibum at the time of death. The Tana of the other Mishnah considers them to fall from the time they married.
(i) Answer #2 (Rava): 1 Tana taught both Mishnayos, even though the 2nd could be derived from the 1st.
(j) (Mishnah): Anyone that could have done Mi'un ...
(k) Question: Let her do Mi'un now, and Yibum!
(l) Suggestion: The fact that we don't say this supports R. Ushiya.
1. (R. Ushiya): A girl can do Mi'un to undo a Ma'amar, but not to undo a fall to Yibum.
(m) Rejection: Perhaps Mi'un can undo a fall to Yibum, but the case of Tzaras Ervah is different.
1. (Rami Bar Yechezkeil): If a girl did Mi'un on her husband, she may marry his father; if she did Mi'un on the Yavam, she is forbidden to the father.
2. When she fell to Yibum, she looked like his daughter-in-law.
(n) Here too, when she fell to Yibum, she looked like the Tzarah of his daughter.
(a) (Mishnah): 6 Arayos are more stringent than the 15 (Daf 2A), since they can (only) marry others (and not Shimon's brothers), their Tzaros are permitted;
1. Shimon's mother;
2. His father's wife;
3. His father's sister;
4. His paternal sister;
5. The wife of his father's brother;
6. The wife of his paternal brother.
(b) Beis Shamai permit a Tzarah to the brothers; Beis Hilel prohibits her;

(c) If a Tzarah did Chalitzah, Beis Shamai disqualify her from marrying a Kohen; Beis Hilel permits her;
(d) If she did Yibum, Beis Shamai permits her to marry a Kohen (if later widowed), Beis Hilel says she may not;
(e) Even though Beis Shamai and Beis Hilel argue, they would not refrain from marrying women of the opposing school;
(f) Even though in many laws of purity, one school says pure, and the other says impure - each school would trust the purity of vessels of the other school.
(g) (Gemara - R. Shimon Ben Pazi): Beis Shamai learns from "The wife of the deceased will not be *outside* to a foreign man" - this implies, there are *insiders* (Tzaros) that may not marry someone else (but do Yibum).
1. Beis Hilel use the verse as Rav Yehudah.
2. (Rav Yehudah): Engagement of a Yevamah to a man (who is not a Yavam) does not take effect - "She will not Tiheye (be, a language of engagement) to a foreign man".
i. Beis Shamai does not learn this way - the verse says *outside*, not *to* an outsider!
ii. Beis Hilel say that the *Heh* at the end of the word is as if it says *to* an outsider.
iii. (Beraisa - R. Nechemyah): Any word that should have the prefix *Lamed* (to), the Torah puts a *Heh* at the end.
iv. (Tana d'Vei R. Yishmael): "Eilimah ...".
3. Beis Shamai learn Rav Yehudah's law from "To a foreign man".
4. Question: Why don't Beis Hilel also learn from there?
5. Retraction: They actually do.
6. Question: If so, what do they learn from "Outside"?
7. Answer: To include a widow that was only engaged.
i. Beis Shamai learns this from the extra *Heh* at the end of the word "Chutz".
ii. Beis Hilel do not consider this letter extra to be expounded.
(h) (Rava): The reason for Beis Shamai is that a prohibition does not take effect on something already prohibited.
1. This is understood in the case when the deceased brother married his wife before the surviving brother married her sister.
i. The prohibition of a sister's wife does not take effect, since she is already forbidden as a brother's wife (and therefore the Tzarah is not forbidden as Tzaras Ervah).
2. Question: If the surviving brother married first, and then the deceased brother, the prohibition of a sister's wife came first!
3. Answer: Since the prohibition of a brother's wife does not take effect, it is as if the Tzarah is Tzaras Ervah not in the situation of Yibum, and she is permitted.
(i) (Mishnah): If a Tzarah did Chalitzah ...
(j) Question: Obviously, Beis Hilel permit her to a Kohen, since they say that there was no need for Chalitzah!
(k) Answer: The Mishnah teaches unlike R. Yochanan Ben Nuri, who suggested enacting that in every case of Tzaras Ervah, Chalitzah should be done (so that all marriages will be valid according to both schools).
(l) (Mishnah): If she did Yibum, Beis Hilel says that she is disqualified from marrying a Kohen.
(m) Question: Why is this needed?
(n) Answer: Since we taught the law by Chalitzah, we also taught the law by Yibum.
(a) (Mishnah): The Megilah is read on the 11th, 12th, 13th, 14th, and 15th.
(b) (Question - Reish Lakish): This transgresses "Lo Tisgodedu" - do not have differing factions!
1. Question: "Lo Tisgodedu" teaches that one should not wound himself in grief over a deceased!
2. Answer: "Lo Tegodedu" would have taught that; the Torah wrote "Lo Tisgodedu" to teach not to have factions.
3. Question: Let us say it only comes to teach this!
4. Answer: If so, it should have said "Lo Tagodu". Now that it says "Lo Tisgodedu", we learn both.
(c) Counter-question: (R. Yochanan): Why didn't you ask from a prior Mishnah?
1. (Mishnah): Places where the custom is do work on Erev Pesach, we work until noon; where the custom is not to work, we do not work.
(d) Counter-counter-question (Reish Lakish): I asked regarding a prohibition - why do you suggest I should ask regarding a custom?
1. (Rav Shemen Bar Aba): "To fulfill ... in their times" - Chachamim enacted many times for them (to read the Megilah).
(e) Question: Is there no prohibition regarding working on Erev Pesach?
1. (Mishnah): Beis Shamai forbids working the previous night, Beis Hilel permits it.
(f) Answer (Reish Lakish): There, one who does no work appears as someone who has no work to do (and it does not appear to be a problem of factions).
(g) Question: In our Mishnah, Beis Shamai permit the Tzaros to the brothers and Beis Hilel prohibit them!
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