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Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 101


(a) (Mishnah): If both of them were Kohanim ...
(b) (Beraisa): If he hit 1 possible father, and then the other; he cursed 1, and then the other - if he cursed both at once, or hit both at the same time, he is killed; R. Yehudah says, if he hit or cursed both at the same time, he is killed; if not, he is exempt.
(c) Contradiction (Beraisa): R. Yehudah says, at the same time, he is exempt!
(d) Answer: Tana'im argue, what is R. Yehudah's opinion.
(e) Question: The opinion that says he is exempt - what is the reason?
(f) Answer (R. Chanina): The Torah speaks of blessing (a euphemism for cursing) Hash-m, and blessing a parent. Just as in the former case, there is only 1, also, one is only liable for cursing 1 parent (to exclude our case, where he could only be liable if he cursed both);
1. The law of hitting is equated to the law of cursing.
(g) (Mishnah): He goes to the Temple with the watch of each father ...
(h) Question: Since he does not get a share of the sacrifice - why does he go?
(i) Answer: This is no question - he goes, because he wants to do a Mitzvah!
(j) The Mishnah does not say, if he went up - rather, he goes up, even if he does not want to.
1. (R. Acha Bar Chanina): He must go up, to avoid blemishing the family.
(k) (Mishnah): If both fathers are in the same watch ...
(l) Question: What is different when they are from different watches - he receives no share, since each watch pushes him off, saying that he is from the other watch - also when they are from the same watch, each sub-watch can push him off!
(m) Answer (Rav Papa): If the fathers are from the same watch and sub-watch, he receives 1 portion.


(a) (Mishnah): The Mitzvah of Chalitzah is with 3 judges, even if all are commoners;
(b) If Chalitzah was done with a Minal (a soft leather shoe), it is Kesherah; if it was done with Anpilya (a slipper or sock), it is invalid; if it was done with a sandal that has a heel, it is Kesherah; if it has no heel, it is invalid;
(c) From the knee and below, it is Kesherah; from the knee and above, it is invalid;
(d) If he did Chalitzah with a sandal which is not his, or a sandal of idolatry, or of wood, or a left sandal on his right foot, it is Kesherah; with a sandal too big to walk with, or so small that it does not cover the majority if his foot, it is Kesherah.
(e) (Gemara) Question: Since 3 commoners suffice - why does the Mishnah say, judges?
(f) Answer: The Mishnah teaches, we require 3 that can help the man and woman recite the proper verses, as judges.
(g) Our Mishnah teaches as the following Beraisa.
1. (Beraisa): The Mitzvah of Chalitzah is with 3 that can help them recite the verses, as judges; R. Yehudah says, with 5.
(h) Question: What is the source of the 1st Tana?
(i) Answer (Beraisa): "Elders" must be at least 2; a Beis Din never has an even number, so we add 1.
1. R. Yehudah says, it says "Elders" twice, making 4; to avoid an even number, we add 1.
(j) Question: What does the 1st Tana do with the other word "elders"?
(k) Answer: This teaches that even commoners may be used.
1. R. Yehudah learns this from the fact that it says "To the eyes of (the elders)".
i. We learned, "To the eyes of" - to exclude blind people.
2. It must be, judges are not required - if they were, we would not need a verse to exclude blind people!
i. (Rav Yosef): Just as Beis Din must be clean in righteousness, they must be clean from any blemish - "You are all beautiful, my beloved, there is no blemish in you."

(l) Question: What does the 1st Tana learn from "To the eyes of"?
(m) Answer: As Rava taught.
1. (Rava): "To the eyes of the elders she will spit" - the judges must see the spit leave the Yevamah's mouth.
(n) Question: R. Yehudah also needs to learn this!
(o) Answer: He does!
(p) Question: If so, where does he learn that commoners suffice?
(q) Answer: From "In Yisrael" - any Yisrael.
(r) Question: What do Chachamim learn from "In Yisrael"?
(s) Answer: As Rav Shmuel Bar Yehudah taught - "In Yisrael" - in a Beis Din of Yisrael, and not in a Beis Din of converts.
1. R. Yehudah learns this from another verse which says "Yisrael".
2. Chachamim learn from that "Yisrael" as in the following Beraisa.
i. (Beraisa - R. Yehudah): A Chalitzah was done in front of R. Tarfon - he told everyone to say, "The one whose shoe was removed".
ii. R. Yehudah learns this from "And his name will be called".
(a) Question: If so - all should expound "They will call to him" to require 2 more judges, and "They will speak to him" to require 2 more, making 7 (9) in total according to Chachamim (R. Yehudah)!
(b) Answer: Those are used to teach different laws.
1. "They will call to him" - and not their messenger; "They will speak to him" - they give him good counsel.
i. If he is young and she is old, or vice-versa, they tell him, you should not do Yibum, rather marry someone your own age, and do not bring quarrels into your home.
(c) (Rava citing Rav Nachman): The law is, Chalitzah is done in front of 3, since a Stam (unauthored) Mishnah says this.
(d) Question (Rava): If so, the same should apply to Mi'un!
1. (Mishnah): Mi'un and Chalitzah are done in front of 3.
2. Suggestion: Perhaps this is the law.
3. Rejection (Beraisa - Beis Shamai): Mi'un must be in a Beis Din of expert judges; Beis Hillel says, it may be done in Beis Din or out of Beis Din; both agree, 3 are required; R. Yosi b'Rebbi Yehudah and R. Elazar b'Rebbi Yosi say, 2 suffice.
i. (Rav Nachman): The law is as this pair (2 suffice).
(e) Answer #1: By Mi'un, there is only 1 Stam Mishnah; by Chalitzah, there are 2.
(f) Objection: There also, there are 2 Stam Mishnayos!
1. (Mishnah): If she did Mi'un or Chalitzah in front of a judge, he may marry her, he is part of a Beis Din!
(g) Answer #2: Rather, by Mi'un, there are only 2 Stam Mishnayos; by Chalitzah, there are 3.
(h) Objection: What difference does it make if there is 1, 2 or 3 Stam Mishnayos?
(i) (Rav Nachman Bar Yitzchak): Rather, the reason Rav Nachman said the law is that 3 suffice, is because even R. Yehudah retracted and agreed to this.
1. (Mishnah - R. Yosi): Leaning on a sacrifice to atone for a mistake of the Sanhedrin, and beheading of a calf which atones for a murder are done with 3 judges; R. Yehudah says, with 5;
2. Chalitzah and Mi'un require 3.
i. R. Yehudah does not argue - it must be, he retracted.
(a) (Rava): The judges must fix a place for Chalitzah - "His Yevamah will ascend to the gate to the elders".
(b) Rav Papa and Rav Huna Brei d'Rav Yehoshua supervised a Chalitzah with 5 judges.
1. Suggestion: This is as R. Yehudah - but he retracted!
2. Answer: They only used 5 to publicize the matter.
(c) Rav Ashi asked Rav Kahana to be one of 5 judges for Chalitzah.
(d) Rav Kahana: Rav Yehudah told me that I should go.
1. Chachamim: Why are 5 needed?
2. Rav Yehudah: To publicize the matter.
(e) Rav Yehudah told Rav Shmuel Bar Yehudah to be one of 5 judges for Chalitzah, to publicize the matter.
1. Rav Shmuel Bar Yehudah: But we learned, "In Yisrael" - in a Beis Din of Yisrael, not a Beis Din of converts, and I am a convert!
2. Rav Yehudah: Someone (as honest) as Rav Shmuel Bar Yehudah, I would force someone to pay money on his word.
3. Objection: This cannot be - "According to 2 witnesses a matter will be established"!
4. Correction: Rather, I would not allow collection of a document (Rashi; Tosfos - without an oath) if he said that the document was paid.
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