POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Yevamos 37
YEVAMOS 36 & 37 - sponsored by Hagaon Rav Yosef Pearlman of London, a living
demonstration of love for and adoration of the Torah.
1) DOUBTFUL CASES OF YIBUM AND CHALITZAH
(a) Ravina: You teach what Rava said at night - but in the
morning, he retracted.
2) DOUBTFUL MAMZERIM
(b) Rav Mesharshiya: You permitted it! If only you would
(c) Question (Rav Mesharshiya): Regarding a man that married
a woman pregnant or nursing a baby from another man - did
we enact a leniency for a Kohen (that he need not give
her a Get, so she will be permitted to him when she
(d) Answer (Ravina): No - this is not comparable!
1. By the doubtfully viable child - Chachamim argue on
R. Shimon Ben Gamliel, and say that we assume a baby
viable even if he dies within 30 days.
(e) A man engaged a Yevamah within 3 months and fled. Rav
Acha and Rafram argued. One said, we put him in Niduy
(until he divorces her); the other says, it suffices that
i. Since there is no solution for a Kohen to keep
his wife if she does Chalitzah, we rely on
2. Here, who can we go as?
i. Not as R. Meir - he says, he divorces her and
may not remarry!
ii. Not as Chachamim - they said, he must give her
1. A case came up; Rafram said, it suffices that he
(f) (Mishnah): If we are in doubt if it is a 9 month baby
from the deceased ...
(g) Question (Rava): Why don't we go after most women, who
give birth after 9 months?
(h) Answer (Rav Nachman): Our women give birth after 7
1. Question: Are your women the majority of the world?!
(i) Clarification: Most women give birth after 9 months, a
minority after 7. All that give birth after 9, the mother
is noticeably pregnant after 1/3 of the term. Since this
woman was not, this weakens the majority (that give birth
(j) Objection: If all are noticeably pregnant after 1/3 -
this baby is certainly not from the deceased!
(k) Correction: *Most* that give birth after 9, the mother is
noticeably pregnant after 1/3 of the term. Since this
woman was not, this weakens the majority.
(a) (Beraisa): The 1st child (i.e. the one in doubt) is fit
to be Kohen Gadol, the second (i.e. future children from
the Yavam) is a doubtful Mamzer; R. Elazar Ben Yakov
says, he is not a Mamzer from Safek.
(b) Question: What are they saying?
(c) Answer #1(Abaye): The 1st child is fit to be Kohen Gadol,
the second is a doubtful Mamzer, and may not marry a
Mamzeres; R. Elazar Ben Yakov says, he is not a doubtful
Mamzer, rather a certain Mamzer, and is permitted to
marry a Mamzeres.
(d) Answer #2(Rava): The 1st child is fit to be Kohen Gadol,
the second is a definite Mamzer from Safek, and may
marry a Mamzeres; R. Elazar Ben Yakov says, a doubt does
not make a certain Mamzer - the child is forbidden to
marry a Mamzeres.
1. Abaye and Rava argue on R. Elazar's teaching.
(e) (Rav Yehudah citing Rav): The law is as R. Elazar.
2. (Mishnah - R. Elazar): Definite Mamzerim may marry
definite Mamzerim; doubtful Mamzerim may not marry
doubtful nor definite Mamzerim;
3. The doubtful cases are: A child born to an unmarried
woman; a child found abandoned in the street; Kusim.
(f) Question (Shmuel): Hillel taught - 10 lineages came up
from Bavel - Kohanim, Levi'im, Yisraelim, Chalalim,
converts, freed slaves, Mamzerim, Nesinim, Shetukim, and
Asufim - all are allowed to intermarry!
1. How can you say the law is as R. Elazar?
(g) Abaye holds as Shmuel, that the law is as Hillel; he
establishes R. Elazar Ben Yakov as the law, to avoid a
contradiction (since the law is always as R. Elazar Ben
(h) Rava holds as Rav, the law is as R. Elazar; he
establishes R. Elazar to say as the law, to avoid a
(i) (Abaye): The following proves that R. Elazar Ben Yakov
treats doubtful Mamzerim as certain.
3) INHERITANCE, WHEN THERE IS A DOUBT
1. (Beraisa - R. Elazar Ben Yakov): A man had relations
with many women, and doesn't know which; or a woman
that has relations with many men, and doesn't know
from which she became pregnant - a man might come to
marry his daughter, or siblings might marry, and the
world is full of Mamzerim - "The land will be filled
with Zimah (lewdness)";
(j) Rejection (Rava): "ZiMaH" - Zo Mah Hi (what is this? -
they are considered *doubtful* Mamzerim).
(k) (Continuation of Beraisa): R. Elazar Ben Yakov said even
more - a man should not marry women in different cities,
lest his children marry each other.
(l) Question: But Rav, when he traveled to another city,
would request to marry a woman for that day! Also, Rav
(m) Answer: Great Chachamim are not subject to this concern,
since they are known.
(n) Question: But Rava said, a woman must wait 7 clean days
after her husband asked to have Nisu'in (how could Rav
and Rav Nachman marry a woman the same day)!
(o) Answer #1: The sent messengers a week before.
(p) Answer #2: They would only be in seclusion with the women
(but would not have relations).
1. One who has bread in his basket is unlike someone
that does not.
(q) (Beraisa - R. Elazar Ben Yakov): A man should not marry a
woman, intending to divorce her - "Do not plot evil on
your companion, when he sits confident with you."
(a) The child (who may be a 9-month baby from the deceased,
or a 7 month baby from the Yavam) and the Yavam are
coming to inherit the deceased.
1. Child: I am the deceased's son, I inherit him!
(b) The child and the children of the Yavam are coming to
inherit the property of the deceased.
2. Yavam: No, you are my son, I inherit him!
3. The property is in Safek; they divide it.
1. Child: I am the deceased's son, I inherit him alone!
(c) The Safek child and children of the Yavam come to inherit
the Yavam, after the Yavam divided the property of the
dead brother with the Safek.
2. Children of the Yavam: No, you are my brother, you
only have a portion with us!
3. (Chachamim): This case resembles our Mishnah.
i. (Mishnah): (A child unsure which of two men is
his father) does not inherit them, they inherit
4. R. Mesharshiya: The cases are different! In that
Mishnah, they certainly inherit, he is unsure - a
Safek does not take from Vadai (one who is sure);
here, all are Safek (even though the Safek certainly
inherits something, he is unsure why he inherits).
ii. The Vadai children (known to be from the
deceased) tell him, bring a proof that you are
his son, and receive; here, he tells the
Yavam's children, bring a proof (that I am not
the son of the deceased) and receive.
i. It does resemble this case: The Safek child and
children of the Yavam come to inherit the
Yavam. The Yavam's children say bring a proof
that you are our brother and receive.
1. The Yavam's children: Bring a proof that you are our
brother and receive a share.
(d) Opinion #1 (R. Aba): The previous ruling (that the Yavam
gets half the property of the deceased) stands (and the
Safek cannot say, if you say I am the deceased's son,
return that property).
2. Safek: Whichever way you will say!
i. If I am your brother - give me a share with
ii. If I am the son of the deceased - give me the
half of his property your father took!
(e) Opinion #2 (R. Yirmiyah): The previous ruling is reopened
(and the Safek's claim is honored).
(f) Suggestion: R. Aba and R. Yirmiyah argue as Admon and
1. (Mishnah): One who went overseas, and the path to
his field was lost. Admon says, he receives a short
path to his field; Chachamim say, he must pay
whatever his neighbor charges for a path, or may fly
to his field (i.e. he cannot get to his field).
2. Question: We understand Admon - why do Chachamim
3. Answer (Rav Yehudah): The case is, he was surrounded
by 4 neighbors on the 4 sides of his field.
4. Question: If so, what is Admon's reasoning?
5. Answer (Rava): If all 4 neighbors have their own
claims, or if all bought from one who used to own
all the surrounding property, all agree that they
can push him off.
i. They argue when 1 person bought the surrounding
property from 4.
6. Suggestion: R. Aba is as Admon, and R. Yirmiyah as
ii. Admon says, in any case the path to his field
is by the buyer!
iii. Chachamim say, the neighbor says, be silent -
if you protest, I will return the deeds to the
original owners, and you will be unable to
force them to give you a path.
7. Rejection: R. Aba can go as Chachamim.
i. Admon only said his law there because the man
definitely had a path by the neighbor.