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 92
YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) PERMISSION OF BEIS DIN TO GET MARRIED
2) FALSE TESTIMONY REGARDING A YEVAMAH
1. (Rav Ashi): We are not concerned for rumors which
start after marriage.
(b) Answer: One might have thought, by a woman that was
permitted to marry by Beis Din, this is as rumors which
started before the marriage - we hear, this is not so.
(c) (Mishnah): If she was married according to Beis Din, she
cannot remain married ...
(d) (Ze'iri): Based on what was taught in the Beis Midrash,
the law is not as the Mishnah.
1. (Beis Midrash): If Beis Din ruled that the sun set,
and later, it shone - this is a mistake, not a
ruling (similarly, our Mishnah is a mistake, not a
(e) (Rav Nachman): The case of our Mishnah is a ruling.
1. Rav Nachman: I can prove, it is a ruling - in all of
Torah, 1 witness is not believed, but here, he is
believed - isn't this because it is a ruling?
(f) (Rava): It must be, it is a mistake!
1. If Beis Din permitted Chelev and blood, and later
said that it was forbidden - if they again said that
it was permitted (without a solid reason), we do not
listen to them!
(g) Support (Beraisa - R. Eliezer): The law pierces the
mountain, and she brings a fat sin-offering.
2. Whereas here, if we permitted her to get married
based on 1 witness, and then forbade her according
to 2 witnesses, and then a witness came and said
that her husband subsequently died, we permit her!
i. Is this not because it is a mistake?
1. We understand, if it is a mistake, why she brings a
(h) (Mishnah): If Beis Din ruled that she may get married
(and she messed up, she brings a sacrifice).
2. Question: If it is a ruling - why does she bring a
i. Suggestion: Perhaps R. Eliezer holds, an
individual that acted according to a (mistaken)
ruling of Beis Din must bring a sacrifice!
ii. Rejection: If so - why did he say, the law
pierces the mountain (i.e. this law is not as
it appears at first).
(i) Question: What does it mean, she messed up?
(j) Answer #1 (R. Elazar): She had extramarital relations.
(k) Answer #2 (R. Yochanan): She married someone she is
forbidden to - such as a widow marrying a Kohen Gadol, a
divorcee or Chalutzah marrying a regular Kohen.
1. R. Elazar, who says she brings a sacrifice for
extramarital relations, all the more so for a
(l) A Beraisa supports R. Yochanan.
2. But R. Yochanan says she is exempt for extramarital
relations - she tells them, you told me I am single!
(m) (Beraisa - R. Elazar): If Beis Din ruled that she may get
married and she messed up, e.g. she married a Kohen
Gadol, or she was a divorcee or Chalutzah and married a
regular Kohen, she must bring a sacrifice for every act
of relations; Chachamim say, she only brings 1 sacrifice.
1. Chachamim admit, if she married 5 men, she must
bring a sacrifice for each one, since they are
(a) (Mishnah): A woman's husband and son went overseas. They
told her that her husband died, and then her son died.
She got married; later, they told her the son died first
- she must leave her husband, and children she had from
him, both the first and last, are Mamzerim;
(b) If they told her (the first time) that her son died, and
then her husband, and she did Yibum, and later they told
her the husband died first - she must leave her husband,
and children she had from him, both the first and last,
(c) Witnesses told a woman that her husband died, and she got
married; later they told her the husband was alive when
she got married, but later died - she must leave her
husband, and the first children she had from him are
Mamzerim; later children are not Mamzerim;
(d) Witnesses told a woman that her husband died, and she got
engaged; later, her husband returned - she may return to
him; even if the 2nd husband divorces her, she is
permitted to Kehunah.
1. (R. Elazar Ben Masya): "A woman divorced from her
husband (is forbidden to a Kohen)" - and not a woman
divorced from a man that is not her husband.
(e) (Gemara) Question: What does it mean, the first and last
1. Suggestion: If 1st children means, before the latter
report, and last means, after the latter report -
let the Mishnah just say, the children are Mamzerim!
(f) Answer: That is correct - since in case (c), it had to
distinguish the first and last children, it also
mentioned this in the beginning of the Mishnah.
(g) (Beraisa): This Mishnah is as R. Akiva, that says that
engagement does not take effect by Chayavei Lavin, but
Chachamim say, a Mamzer does not result from a Yevamah
that married a man other than her Yavam.
1. Question: Why didn't Chachamim say, a Mamzer does
not result from Chayavei Lavin?
2. Answer: These Chachamim hold as a different Tana
according to R. Akiva, who says that a Mamzer
results from Chayavei Lavin of kin; from regular
Chayavei Lavin, no.
3) DOES ENGAGEMENT TAKE EFFECT WITH A YEVAMAH?
(a) (Rav): "The wife of the deceased will not TiHeYeH (be) to
a foreign man - HavaYaH (engagement) will not take effect
with a foreign man.
(b) (Shmuel): Out of our lack of knowledge, she requires a
1. Shmuel is unsure if Lo Tiheyeh teaches that this is
Chayavei Lavin, or if that engagement does not take
(c) (Ameimar): The law is as Shmuel.
(d) (Rav Ashi): According to this, if her Yavam is a Kohen
and she married a stranger, they do Chalitzah, and she is
permitted to her husband.
1. Question: Do we really allow him to profit from his
(e) Correction: Rather, if her Yavam is a Yisrael, her
husband gives her a Get, and she is permitted to her
(f) (Rav): a Yevamah does not have engagement; she has
1. Objection: If she does not have engagement, she does
not have Nisu'in!
(g) Answer #1: Rather, she has neither engagement nor
(h) Answer #2: 'She has Nisu'in' in the sense of Rav Hamnuna.
1. (Rav Hamnuna): A Shomeres Yavam that had
extramarital relations is forbidden to her Yavam.
(i) Answer #3: Really, Nisu'in takes effect to require a Get,
because she may be confused with a woman that got married
based on a lying witness.
(j) (R. Yanai): They voted and concluded, engagement does not
take effect by a Yevamah.
(k) Question (R. Yochanan): Don't we learn this from a
1. (Mishnah): A man engages a woman to take place:
after he converts; after she converts; after he/she
is freed; after her husband dies; after her sister
(who is his wife) dies; after she will do Chalitzah
- she is not engaged.
(l) Answer (R. Yanai): Yes, the Mishnah teaches this! Had I
not lifted the shards, you would not have found the pearl
(had I not told you the law, you would not have seen that
the Mishnah teaches it).
(m) (Reish Lakish to R. Yochanan): If not that a great man
praised you, I would have said that the Mishnah is as R.
Akiva, who says that engagement does not take effect by
(n) Question: It cannot be as R. Akiva - he holds, a person
may acquire something which is not yet in the world!