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

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Yevamos 41

YEVAMOS 41 (3 Shevat) - has been dedicated by Zvi and Tamarah Sand of Har Nof, Yerushalayim, in memory of Tamarah's grandfather, Chanan (ben Chaim) Bromberg, on his Yahrzeit.


(a) Answer: Since a widow's relative accompanies her to Beis Din (for Chalitzah), Chachamim decreed that she should not do Yibum, (lest people think that the relative did Chalitzah, and they later see the Yavam do Yibum to the relative's Tzarah);
1. A widow's Tzarah does not accompany her to Beis Din, Chachamim saw no need to decree.
(b) (Mishnah): Reuven did Chalitzah; his brother married her sister, then died. Reuven does Chalitzah, not Yibum;
(c) Similarly: Reuven divorced his wife; his brother married her sister, then died. The widow is exempt from Chalitzah and Yibum;
(d) Reuven engaged the sister of his Yevamah. R. Yehudah Ben Beseira says, we tell him to wait until his brother does Yibum or Chalitzah - after that, he may make Nisu'in;
1. Also, if the Yevamah died, he may make Nisu'in; if Reuven's brother died, he divorces his wife and does Chalitzah to the Yevamah.
(e) (Gemara) Question: Why does it say, 'Similarly' (the law is different)!
(f) Correction: It means, '*But* if he divorced ...'.
(g) (Reish Lakish): In this Mishnah, Rebbi taught that the prohibition of the sister of one's divorcee is mid'Oraisa; the sister of one's Chalutzah is only mid'Rabanan.
(h) (Mishnah): If Reuven engaged the sister of his Yevamah ...
(i) (Shmuel): The law is as R. Yehudah Ben Beseira.
(j) Question: If Reuven's wife died, may he do Yibum?
(k) Answer #1 (Rav): Yes.
(l) Answer #2 (Shmuel): No.
1. (Rava): Rav holds, the Yevamah was permitted then forbidden, when the prohibition lapses, she returns to being permitted.
2. Question (Rav Hamnuna - Mishnah): 3 brothers, 2 are married to sisters, one is single. A married brother died, the single brother gave a Ma'amar to the Yevamah; then the other married brother died, then his wife died; the Yevamah does Chalitzah, not Yibum.
i. Why don't we say, she was permitted, then forbidden, and when the prohibition lapses, she returns to being permitted?
3. Rava was silent. After he left, he reconsidered - 'I could have answered, that Mishnah is as R. Elazar, who holds that once a Yevamah was forbidden, she remains forbidden forever!'
4. Rava again reconsidered. 'That is not a proper answer - R. Elazar only said his law when she was forbidden when she fell to Yibum - here, she was permitted when she fell, we have no source that R. Elazar would prohibit her!'
5. Rava again reconsidered. 'Yes! We have a source!'
i. (Beraisa - R. Elazar): (A man engaged the sister of his Yevamah.) If his Yevamah died, he may marry his betrothed. If his betrothed died, he does Chalitzah, not Yibum to the Yevamah.
(m) Suggestion: Shmuel (who above said she is forbidden) must hold as R. Elazar!
(n) Rejection: No, they can hold as Chachamim.
1. Chachamim only argued in that case (Daf 109A, a man divorced his wife and remarried her, then he died) - they permit, because she was not prohibited after she fell to Yibum.
2. Here, she became forbidden after she fell, Chachamim admit that she is forbidden!
(a) (Mishnah): A Yevamah may not do Yibum nor Chalitzah within 3 months of the death of her husband;
(b) Similarly, all women may not get engaged nor married for 3 months, whether they are virgins or not, whether they were divorced or widowed, from Nisu'in or engagement;
(c) If she was only engaged, R. Yehudah permits her to get married; if she was married, R. Yehudah permits her to get engaged, except for engaged girls in Yehudah, since they are intimate with their husbands;
(d) R. Yosi says, all women may get engaged, just a widow must wait until the mourning over her husband ends.

(e) (Gemara): We understand, she may not do Yibum within 3 months, perhaps she is pregnant with a viable child, and they transgress the Torah prohibition of a brother's wife.
(f) Question: Why can't she do Chalitzah?
(g) Suggestion: Our Mishnah refutes R. Yochanan, who said that Chalitzah of a pregnant woman is valid.
1. Question: Wasn't he already refuted?
2. Answer: Let us say, our Mishnah also refutes him!
3. Rejection: Our Mishnah is no refutation.
(h) Answer #1: Chalitzah is forbidden, lest she give birth to a viable child, and we will need a proclamation that she is permitted to a Kohen.
1. Question: What is wrong with that?
2. Answer: Perhaps someone saw the Chalitzah and did not hear the proclamation - he will think that she is forbidden to a Kohen.
3. Question: This answer suffices for a regular widow - but if she was previously divorced woman (who is forbidden to a Kohen), she should do Chalitzah!
4. Answer: Chalitzah deprives her of being fed.
5. Question: This answer suffices if she fell to Yibum from Nisu'in. If she fell from engagement (and is not fed), how can we answer?
(i) Answer #2: Rather, the reason is as R. Yosi.
1. (Beraisa): A man asked R. Yosi if he may do Chalitzah within 3 months; he answered, no.
2. The man: Why not do Chalitzah?
3. R. Yosi: "If he does not want to do Yibum" - we infer, he could do Yibum if he wanted! All that can do Yibum, can do Chalitzah ...
(j) Question (Rav Chinena - Beraisa): All doubtful cases do Chalitzah, not Yibum.
1. Question: What are the doubtful cases?
i. Suggestion: If we do not know if the engagement was valid - they can do Yibum in any case!
2. Answer: Rather, a man engaged 1 of 2 sisters, and does not know which one, and the Beraisa says they do Chalitzah (even though he may not do Yibum)!
(k) Answer: That is no difficulty! There, if Eliyahu would tell us which he engaged, she is fitting for Yibum and Chalitzah!
1. Here, even if Eliyahu would tell us that she is not pregnant, we would not heed him and do Yibum!
i. A minor cannot be pregnant, and even she cannot do Yibum within 3 months!
(a) (Beraisa): A Yevamah is fed from the property of the deceased for 3 months. After this, she is neither fed from his property, nor from the Yavam's property.
1. If he went to trial (and was told to do Yibum or Chalitzah) and fled, she is fed from his property.
(b) If a woman falls to a Yavam that is a minor, she is not fed from his property.
(c) Question: Is she fed from the property of the deceased?
(d) Rav Acha and Ravina argued. One said yes, the other, no.
1. The law is, she is not fed - Heaven punished her.
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