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Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 94

YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Answer #1(Rav Sheshes - 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.
1. Question: What is the case?
2. Suggestion: 2 witnesses told her the 1st time, and 2 witnesses later contradicted them.
3. Objection #1: Why believe the 2nd witnesses and not the 1st?
4. Objection #2: The child is only a doubtful Mamzer!
i. Suggestion: Perhaps the Tana was not so exact.
ii. Rejection: The 3rd case of the Mishnah says, the first children are Mamzerim, later children are not Mamzerim - we see, the Tana was exact!
5. Answer: Rather, 1 witness told her the 1st time; had 2 not contradicted him, he would have been believed!
(b) Rejection: There is no proof - we can say as Rav Acha Bar Minyomi said (elsewhere), with Adim Zomemim (the 2nd witnesses said that the 1st witnesses could not have seen their testimony, since they were elsewhere at that time).
(c) Answer #2 (Rav Mordechai - Mishnah): A woman is not believed to say 'My Yavam died' to marry a stranger, nor to say 'My sister died' to marry her husband.
1. She is not believed - but a witness would be believed!
(d) Rejection (Rav Ashi): The next case of the Mishnah says, a man is not believed to say that 'My brother died' so he will do Yibum with his wife, nor 'My wife died' to marry her sister.
1. If you will make such inferences from the Mishnah, you should say, he is not believed, but 1 witness is!
i. We understand, 1 witness is believed to permit a woman - Chachamim were lenient to help women that would be unable to get married.
ii. You cannot say this regarding a man!
2. Rather, the Mishnah that teaches that a Yevamah is not believed to marry a stranger is as R. Akiva - since he holds, a child of Chayavei Lavin is a Mamzer, we would have thought that she is concerned for her children and will check well before marrying.
i. We hear, this is not so - she is only concerned for messing herself up, not for her children.
(e) Answer #3 (Rava): 1 witness is believed by a Yevamah from a Kal v'Chomer.
1. If we permitted Chayavei Kerisus (a married woman) based on 1 witness, all the more so Chayavei Lavin!
(f) Objection (A Chacham): Your reasoning is disproven by the woman's credibility!
1. She is believed for Chayavei Kerisus (a married woman who says, my husband died) - but she is not believed for Chayavei Lavin (to say that her Yavam died)!
2. The reason is, sometimes she hates the Yavam, she will not check well. This also applies when 1 witness says that the Yavam died!
(g) (Mishnah - 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.
(h) (Rav Yehudah): R. Elazar Ben Masya should have expounded a pearl - instead, he expounded shards!
(i) Question: What pearl should he have expounded?
(j) Answer (Beraisa): "And a woman divorced from her husband" - even if she was only divorced from her husband (and was not permitted to others), she is forbidden to Kehunah!
1. This is 'The scent of a Get' which forbids to Kehunah.
(a) (Mishnah): Reuven's wife Leah went overseas. They told him, she died; he married her sister. Later, Leah returned - she may return to him, and he is permitted to her sister's relatives, and her sister is permitted to his relatives; if Leah later died, he may marry her sister;

(b) They told him, your wife died; he married her sister. Later, they told him, she was alive at the time, and died later - the 1st child is a Mamzer, the latter is not;
(c) R. Yosi says, anyone who forbids on others, forbids on himself; anyone who does not forbid on others, does not forbid on himself.
(d) (Gemara): The Mishnah applies even if Leah went abroad with her sister's husband (and the witness said that both of them died), and when Reuven married the sister, this prohibited her on her husband - still, this marriage does not forbid Reuven to Leah.
(e) Suggestion: Our Mishnah is not as R. Akiva - he would say, Reuven is forbidden to Leah, since she is the sister of his divorcee!
1. (Beraisa): All Arayos do not require a Get, except for a married woman that was married according to Beis Din; R. Akiva says, also a brother's wife and a wife's sister here
2. Since the sister needs a Get from Reuven, she is as his divorcee, and Reuven is forbidden to Leah!
(f) Rejection: If we explain the Beraisa as Rav Gidal, the Mishnah can be as R. Akiva.
1. Question (Rav Gidal): What is the case of a brother's wife that needs a Get?
2. Answer (Rav Gidal): For example, Levi engaged Sarah, and he went overseas. Levi's brother Yehudah heard that Levi died, and Yehudah married Sarah.
i. People will say that Levi's engagement was on condition, and Yehudah properly married her.
3. The case of a wife's sister is similar - Levi engaged Sarah, and she went overseas. Levi heard that she died, and married her sister.
i. People will say that Levi's engagement was on condition, and he properly married her sister.
(g) Our Mishnah is a case of Nisu'in - people will not say there was a condition by Nisu'in, and R. Akiva would agree that a Get is not needed.
(a) Question (Rav Ashi): If the Mishnah is as R. Akiva, let it also teach the case that he married his mother-in-law when he heard that his wife died - we know, R. Akiva holds that one is not liable to burning for relations with his mother-in-law after his wife dies!
1. (Beraisa - R. Yishmael): "You will burn him and them (a woman and her mother)" - him and one of them; R. Akiva says, him and both of them.
2. We understand according to Abaye, who says that they agree in law, and only argue in explaining the verse.
i. R. Yishmael holds, the verse only speaks of a mother-in-law; R. Akiva says, it also speaks of a mother-in-law's mother.
3. But according to Rava, who says that they argue regarding a mother-in-law after the wife dies, R. Akiva should also have taught he married his mother-in-law!
(b) Answer (Rav Kahana): Granted, R. Akiva says that there is no punishment of burning - but the verse did not permit her!
(c) Question: Why doesn't Reuven become forbidden to his wife when he has relations with his wife's sister, just as a woman that got married when she heard that her husband died!
(d) Answer: The cases are different - a woman that intentionally has adultery becomes forbidden mid'Oraisa to her husband, Chachamim decreed by unintentional relations, she is forbidden;
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