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Yevamos 18

YEVAMOS 17 & 18 - these Dafim have been sponsored by Joseph Goldberg, of Zichron Yakov, Israel.



(a) We can infer from the Mishnah in ha'Choletz 'Yevimto she'Meisah Mutar ba'Achosah' - that 'ba'Achosah In, be'Imah, Lo'!

(b) There is no proof from there for Rav Yehudah however, who says 'Shomeres Yavam she'Meisah, Asur be'Imah' - because, in reality, he is permitted to marry her mother, too, and the reason that the Tana writes ba'Achosah, is because of the Reisha ('Ishto she'Meisah, Mutar ba'Achosah'), which specifically says 'ba'Achosah', as we just explained.

(c) According to Rav Yehudah, we cannot infer from the continuation of the Mishnah 'Asah Bah Ma'amar u'Meis, Sh'niyah Choletzes ve'Lo Misyabemes' that, if not for the Ma'amar, the Yavam would even be permitted to perform Yibum with the Tzarah - because in his opinion, the Tana writes Ma'amar, not to imply something else, but in its own right, to preclude the opinion of Beis Shamai, who holds that Ma'amar is Koneh completely (in which case the Tzarah will not require Chalitzah either).

(a) The Beraisa rules that if the second brother died before he managed to make Ma'amar with his Yevamah, then the third brother who was born before his death, may perform either Yibum or Chalitzah with his wife. If, as Rav Yehudah maintains, we hold 'Yesh Zikah', then the second brother's wife ought to be a Tzaras Ervah through the Zikah, and she ought to be permitted le'Shuk because of Tzaras Eishes Achiv she'Lo Hayah be'Olamo'?

(b) We answer that, according to Rav Yehudah, the author of this Beraisa is Rebbi Meir, who holds 'Ein Zikah' (whereas *he* follows the opinion of the Rabbanan). How can Rebbi Meir holds 'Ein Zikah' when, in the Mishnah later, he himself says that if two out of four brothers who married sisters died, the remaining brothers must perform Chalitzah and not Yibum - ostensibly because each one is Achos Zekukaso (from which it appears that he holds 'Yesh Zikah')?

(c) In fact, he forbids them to perform Yibum, in spite of the fact that he holds 'Ein Zikah' - because he holds 'Asur le'Vateil Mitzvas Yabmin', meaning that should one of the brothers perform Yibum and his brother dies (before he has managed to perform Yibum with the sister), he will then be unable to perform the Mitzvah of Yibum with her, since she is Achos Ishto.

(d) Chazal did not permit the second brother to perform Yibum with the second sister, even if his brother performed Chalitzah with the first one - because they decreed there because of the case where the brother performed Yibum first.

(a) The Tana Kama of a Mishnah later says that if two brothers married two sisters, one a Gedolah and one, a Ketanah, and the husband of the Gedolah died, we ask the Ketanah to make Miy'un, because of the Zikah of the Gedolah. Raban Gamliel, who holds 'Ein Zikah' says - if she makes Miy'un, well and good (the Yavam will be able to perform Yibum); and if not, then the Yevamah will have to wait until the Ketanah grows up (and the Kidushin becomes fully effective), when she will be able to marry le'Shuk.

(b) So we see that, although Raban Gamliel holds 'Ein Zikah', he is nevertheless not concerned about 'Bitul Mitzvas Yabmin' - clashing with what we just learned in Rebbi Meir (in 2c. - that 'Ein Zikah', but Asur le'Vateil Mitzvas Yabmin').

(c) We answer that Rebbi Meir is entitled to disagree with Raban Gamliel. What the questioner *really* meant to ask was - How can it be that Rebbi Meir is concerned even about *Safek* Bitul Mitzvas Yabmin (that the brother *might* die without performing Yibum), whereas Raban Gamliel is not even concerned about *Vaday* (that the Gedolah will *definitely* not be able to perform Yibum when the Ketanah grows up)?

(d) We answer that - that is indeed the case: Rebbi Meir is concerned even about *Safek* Bitul Mitzvas Yabmin, whereas Raban Gamliel is not even concerned about *Vaday*.




(a) Rebbi Yehudah ben Beseirah (in a Mishnah in ha'Choletz) says - that if a Yevamah has two Yevamin, one of whom betrothed her sister - we ask the Mekadesh to wait until his brother has performed Yibum before marrying his betrothed (because he holds 'Yesh Zikah'.

(b) Shmuel rules like Rebbi Yehudah ben Beseira.

(c) Abaye says that Rav Yehudah in our Sugya, who holds 'Yesh Zikah' - received this ruling from his Rebbe, Shmuel.

(d) Rav Yosef asked Abaye how he knew that Rav Yehudah learned this from Shmuel; maybe he learned it from Rav (his previous Rebbe). But how can that be - did we not learn above (17b.) that Rav holds 'Ein Zikah'? Rav Yosef answers this by suggesting that Rav's opinion might be subject to a Machlokes Amora'im.

(a) Abaye replied to Rav Yosef's query - that since we know that Rav Yehudah's opinion conforms with that of Shmuel, it is preferable to establish it like Shmuel, rather than like Rav, whom we do not find anywhere saying 'Yesh Zikah'.

(b) Rav Kahana agrees fully with Abaye. He explicitly quoted the statement of Rav Yehudah in the name of Shmuel.

(c) Despite the fact that Shmuel has ruled ...

1. ... 'Yesh Zikah', he nevertheless needs to rule 'Halachah ke'Rebbi Yehudah ben Beseira' - to teach us that 'Yesh Zikah;' applies even when there are *two* Yevamin.
2. ... 'Halachah ke'Rebbi Yehudah ben Beseira', he nevertheless needs to rule 'Yesh Zikah' - to teach us that the Zikah remains even after the death of the Yevamah (because the Zikah does not dissipate automatically (only with the Yibum or the Chalitzah of the Yavam).
(a) Our Mishnah says that if one of two brothers dies and a third brother is born after the second has already performed Yibum, then, when the latter dies, both of his wives are Patur from Yibum and Chalitzah, because of Eishes Achiv she'Lo Hayah ba'Olamo and her Tzarah. If the second brother made Ma'amar with the wife of the first before he died - the third brother performs Chalitzah with the Tzarah.

(b) When Rebbi Shimon says 'Meyabem le'Eizeh Meihen she'Yirtzeh, O Choletz le'Eizeh Meihen she'Yirtzeh' - he comes to argue with the former case.

(a) From the fact that the Tana finds it necessary to cite the Reisha (the case of 'Nolad ve'Achar-Kach Yibeim' in the previous Mishnah) - Rav Oshaya extrapolates that Rebbi Shimon must argue even in that case (when the third son was born *before* the second brother performed Yibum.

(b) According to the Rabbanan - it would not be necessary to mention it - because if the third brother is forbidden when he is born *after* the second brother performed Yibum, then how much more so when he is born *before*?

(c) Rebbi Shimon does not state his case immediately in the Reisha - because he preferred to wait until the Rabbanan had finished speaking before doing so.

(d) The two possible cases of 'Eishes Achiv she'Lo Hayah be'Olamo' which the Torah forbids - are either when there is only *one* Yavam, or when there are *two*, but during the lifetime of the second Yavam, as long as he has not yet performed Yibum.

(a) We initially explain Rebbi Shimon's opinion in the Reisha that in spite of the fact that the wife of the first brother was still a Shomeres Yavam when the third brother was born, she nevertheless becomes permitted after the death of the second brother - because 'Yesh Zikah, ve'Zikah ki'Ch'nusah Damya' which in effect means that, although the second brother had not yet performed Yibum, it is as if he had.

(b) The Mishnah in Arba'ah Achin discusses the case of three brothers who marry three non-related women. One of the brothers dies and one makes Ma'amar with her before dying too, leaving the two women to the remaining brother. Based on the Pasuk "u'Meis Achad Meihen" - the Tana Kama holds that the Yavam may not perform Yibum with a woman who has two Zikos from two husbands. Consequently, he rules 'Choltzos ve'Lo Meyabmos'.

(c) Rebbi Shimon (who does not hold of the previous D'rashah) says that he may even perform Yibum, but only with one of them; the second one requires Chalitzah. He is ...

1. ... not permitted to perform Yibum with the second one - in case we hold 'Yesh Zikah', in which case they will be two Yevamos falling from the same house (and the second one is forbidden).
2. ... obligated to perform Chalitzah - in case the Halachah is 'Ein Zikah', in which case they are two Yevamos falling from two houses, and both need to be released before they are permitted to marry le'Shuk.
(d) We can extrapolate from this - that Rebbi Shimon is uncertain whether 'Yesh Zikah' or 'Ein Zikah' (or at least 'Ein Zikah ki'Ch'nusah'), and not like we initially understood (that he holds 'Yesh Zikah' and 'Zikah ki'Ch'nusah').
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