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Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 116

YEVAMOS 116-119 - have been sponsored through the generous contribution of Mr. Uri Wolfson and family


(a) (Abaye): Even if we are concerned that others have the same name - why shouldn't the bearer collect with the document?
1. Suggestion: If the concern is that the true bearer dropped it - people are careful with documents!
2. Suggestion: If the concern is that the true bearer deposited it by the current bearer - since they have the same name, he would not deposit it by him!
3. Suggestion: If the concern is that the true bearer wanted to give it to the current bearer - handing over a document is a proper acquisition!
(b) A Get was found in Sura. It said, In Sura, I, Anan Bar Chiya of Nehardai divorce my wife Plonis.
1. Chachamim checked from Sura to Nehardai. The only other Anan Bar Chiya they found was from Chigra; when the Get was written, he was in Nehardai; witnesses confirmed this.
(c) (Abaye): Even though I normally say we must be concerned, here there is no concern - since he was in Nehardai, he could not have written a Get in Sura.
(d) (Rava): Even though I normally say we are not concerned, here we are concerned - perhaps he went on a fast camel, or by use of a name of Hash-m, or he had previously authorized the Get to be written.
1. Rav Safra and Rav Huna, to scribes: When you are in Shili, write Shili on the document, even though you were in Hini when asked to write it; when you are in Hini, write Hini, even though you were in Shili when asked to write it.
(e) Question: What was the final ruling by the sesame?
(f) Answer #1 (Rav Yemar): We are not concerned.
(g) Answer #2 (Ravina): We are concerned.
1. The law is, we are concerned.
(a) (Mishnah): If there was a quarrel between them ...
(b) Question: What is the case of a quarrel?
(c) Answer (Rav Yehudah): She tells him, divorce me.
(d) Objection: All women say that when angry!
(e) Correction: Rather, she says, you divorced me.
(f) Question: She should be believed, as Rav Hamnuna!
1. (Rav Hamnuna): A woman that says to her husband, you divorced me - she is believed.
2. There is a Chazakah, she could not be so impudent to lie to her husband about this.
(g) Answer: The case is, she names the witnesses in front of whom she was divorced; when we ask them, they deny this.
(h) Question: Why is a woman not believed when they were quarreling?
(i) Answer #1 (R. Chanina): Because she lies.
(j) Answer #2 (Rav Simi Bar Ashi): Because she testifies from estimation.

1. The difference between the opinions is when he started the quarrel (she would not lie, but she would testify from estimation).
(k) Question: Is 1 witness believed when they were quarreling?
1. If 1 witness is normally believed (to say that a man died) because people do not lie about things prone to become known - here also, the witness would not lie.
2. If he is believed because she investigates before remarrying - here, she will not check.
i. This question is unresolved.
(l) (Mishnah): R. Yehudah says, the only time she is believed ...
(m) (Beraisa): Chachamim said to R. Yehudah - according to you, a clever woman will be permitted, a simple woman will be forbidden! Rather, whether she is crying or not, she is permitted.
(n) A woman entered R. Yehudah's Beis Din. They told her - eulogize your husband, tear your garments, undo your hair.
(o) Question: They are teaching her to lie!
(p) Answer: They hold as Chachamim; they just wanted that R. Yehudah would permit her.
(a) (Mishnah): Beis Hillel say, we only heard that she is believed when she comes from the (grain) harvest, in the same province, as in the case which occurred.
(b) Beis Shamai: It is the same if she comes from the grain harvest, the olive harvest, or the grape harvest, or from one province to another - Chachamim merely spoke in the usual case.
1. Beis Hillel retracted, and agreed to Beis Shamai.
(c) (Gemara - Beraisa): Beis Shamai said - according to you, we only know that she is believed by the wheat harvest - how do we know, also by the barley harvest?
1. How do we know, by the harvest of grapes, olives, dates or figs?
2. We must say, the case was the wheat harvest - but the law also applies to all harvests.
3. Likewise, the case was in the same province, but the law is also if they were in different provinces!
(d) Beis Hillel said - within the same province, there is much traffic, she is afraid to lie (lest witnesses contradict her); from a different province, people do not come often, she is not afraid to lie.
(e) Beis Shamai say, even from a different province, caravans are common (and she is afraid to lie).
(f) Question: What was the case which occurred?
(g) Answer (Rav Yehudah): It was the end of the wheat harvest. 10 men went to harvest wheat, 1 was bitten by a snake and died. His wife came and told Beis Din - they verified her story.
1. They decreed that a woman who says that her husband died may get married or do Yibum.
(h) Suggestion: The following Tana'im argue as Beis Shamai and Beis Hillel.
1. (Beraisa): A man should not transport Mei Chatas (water sanctified with ashes of the red heifer) across the Yarden River, or in a boat; he may not throw them across a river, nor float them across, nor send them across on an animal, nor with a person being carried across, unless the carrier's feet touch the ground; he may take them across a bridge;
i. This applies to all rivers.
2. R. Chananya Ben Akiva says, they only prohibited in a boat, across the Yarden, as the case which occurred.
3. Suggestion: Chachamim hold as Beis Shamai, and R. Chanamya as Beis Hillel.
(i) Rejection: Chachamim can even hold as Beis Hillel.
1. Beis Hillel only said, she must be in the same province, since she is not afraid to lie if it is far away - here, there is no reason to distinguish the Yarden from other rivers.
(j) R. Chananya can even hold as Beis Shamai.
1. Beis Shamai only said she is believed even from a different province, she will investigate well, whether close of far - here, we only decreed as the case which occurred - in a boat on the Yarden.
(k) Question: What was the case in the boat?
(l) Answer (Rav Yehudah): A man was carrying Mei Chatas and ashes of the red heifer in a boat on the Yarden. Flesh of a corpse was found in the ship's bottom, which made the water and ashes Teme'im.
1. They decreed not to transport Mei Chatas or the ashes in a boat on the Yarden.
(a) (Mishnah): Beis Shamai say, she may get married, and receives her Kesuvah; Beis Hillel say, she may get married, but does not receive the Kesuvah.
1. Beis Shamai: If she is believed to permit Ervah (a married woman), which is stringent - all the more so, she is believed regarding money, which is lenient!
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