POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf 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
1) CAN A MINOR GIVE BIRTH?
(a) (Rav Zvid): A woman cannot have children without bringing
signs of adulthood.
2) THE EXEMPTION OF THE TZARAH
(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
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.
3) THE MORE STRINGENT ARAYOS
(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
(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
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
(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.
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.
(n) Here too, when she fell to Yibum, she looked like the
Tzarah of his daughter.
2. When she fell to Yibum, she looked like his
(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;
(b) Beis Shamai permit a Tzarah to the brothers; Beis Hilel
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.
(c) If a Tzarah did Chalitzah, Beis Shamai disqualify her
from marrying a Kohen; Beis Hilel permits her;
4) DIFFERENT RULINGS WITHIN YISRAEL
(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.
(h) (Rava): The reason for Beis Shamai is that a prohibition
does not take effect on something already prohibited.
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
i. Beis Shamai does not learn this way - the verse
says *outside*, not *to* an outsider!
3. Beis Shamai learn Rav Yehudah's law from "To a
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 ...".
4. Question: Why don't Beis Hilel also learn from
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
1. This is understood in the case when the deceased
brother married his wife before the surviving
brother married her sister.
(i) (Mishnah): If a Tzarah did Chalitzah ...
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
(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!
(c) Counter-question: (R. Yochanan): Why didn't you ask from
a prior Mishnah?
2. Answer: "Lo Tegodedu" would have taught that; the
Torah wrote "Lo Tisgodedu" to teach not to have
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.
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
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!