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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 27



(a) According to Shmuel, if the Yavam performed Chalitzah with the two sisters, the Tzaros will still require Chalitzah. If two women fall to Yibum from the same husband, and the Yavam gave one of them a Get or made Ma'amar with one of them - the Tzarah will not be free to marry with the Chalitzah of the Ba'alas ha'Get or of the Ba'alas Ma'amar, because these are flawed Chalitzos.

(b) We learned earlier that, according to Shmuel, if the Yavam performed Chalitzah with the sisters, the Tzaros still require Chalitzah, whereas, the sisters are free to marry le'Shuk with the Chalitzah of the Tzaros - because he holds 'Ein Zikah'.

(c) Shmuel himself holds 'Yesh Zikah' (as we saw above on 18b.) - but his current statement is according to those who hold 'Ein Zikah'.

(d) When Shmuel says 'Chalatz le'Achyos, Lo Nifteru Tzaros' - he is referring exclusively to the Tzarah of the *second* sister, but not to the first. By Tzaros, he then means 'Tzaros de'Alma' (general Tzaros - but only of the second sister).

(a) If 'Chalatz le'Achyos, Lo Nifteru Tzaros' refers exclusively to the Chalitzah of the *second* sister's Tzarah - then 'Chalatz le'Tzaros, Nifteru ' Achyos, must also refer to the Tzarah of the second sister. But how can that be, seeing as we have learned that a Yavam is forbidden to marry the Tzarah of his Chalutzah's relative (even if that relative would not be his brother's wife)?

(b) So we amend Shmuel's statement to read (instead of 'Chalatz le'Achyos ... ') 'Hischil be'Achyos, Lo Yigmor be'Tzaros, Hischil be'Tzaros, Yigmor be'Achyos'.

(c) If the Yavam began by making Chalitzah with the Tzarah of the first sister, he may then go on to make Chalitzah (or even Yibum - according to those who hold 'Ein Zikah') with the second sister, even to the point of permitting her Tzarah to marry le'Shuk - because a Yavam is permitted to marry the relative of his Chalutzah's Tzarah.

(a) Rav Ashi simplifies Shmuel, taking him literally and according to his own opinion (of 'Yesh Zikah'). He dispenses with our initial Kashya, permitting the sisters to marry le'Shuk with the Chalitzah of the Tzaros (despite the fact that the Tzaros are Tzaros Achos Ishah be'Zikah) - because Zikah is de'Rabbanan, and is not strong enough to make the Tzarah like the Ervah herself. Consequently, the Chalitzah of either of the Tzaros is better than that of the sisters.

(b) We try to substantiate Rav Ashi's explanation by quoting a Beraisa which teaches, by implication, that if the Yavam performed Chalitzah with the Tzaros, the sisters will be free to marry le'Shuk. But we reject this proof - by establishing the Beraisa like Beis Shamai, who permit the Tzaros to the brothers anyway.

(c) The reason that the Tana permits only Chalitzah and not Yibum is - because he holds like Rebbi Yochanan ben Nuri, who instituted that the Tzaros should make Chalitzah and not Yibum.

(d) What we learned above that Rebbi Yochanan ben Nuri's plans did not materialize - refers to that time. Later however, they were accepted.



4) Once a Yavam gives a Get to his Yevamah - neither he nor any of the other brothers, is permitted to perform Yibum with any of the Yevamos, but requires Chalitzah with the Yevamah to whom he gave the Get. In addition, he becomes forbidden to marry her relatives.


(a) We ask, according to Shmuel, what the Din will be if the Yavam gave a Get to *one* of his two Yevamos, and made Ma'amar with the *other*. It might be preferable to perform Chalitzah with ...
1. ... the Ba'alas ha'Get - because having begun to send her away, it is better to finish the process.
2. ... the Ba'alas Ma'amar - because she is closer to Bi'ah (and is therefore more of a Yevamah, so to speak).
(b) Raban Gamliel says in Perek Raban Gamliel 'Ein Get Achar Get' - meaning that the Get that he gave to the one Yevamah (after having given one to one of the other Yevamos), does not have the effect of forbidding him to marry her relatives.

(c) He concedes however that 'Yesh Ma'amar Achar Get, ve'Yesh Get Achar Ma'amar. Ma'amar has the effect of requiring the Yavam who made Ma'amar to give that Yevamah a Get, as well as forbidding him to marry her relatives.

(d) Rav Ashi resolves our She'eilah from there - because it is clear from the Beraisa that Ma'amar and Get are equal. Otherwise, the one that was weaker would not be effective after the one that was stronger.

(a) Rav Huna Amar Rav says that if two sisters fell to Yibum and ...
1. ... the first one died - the Yavam may perform Yibum with the second one (even though she had not been permitted to the Yavam previously).
2. ... the second one died - the Yavam may certainly perform Yibum with the first one (who had already been permitted before the second one fell to Yibum).
(b) Rebbi Yochanan disagrees - with Rav's first ruling, because, in his opinion, any Yevamah who is not permitted to perform Yibum when she falls to Yibum, is considered to be like an Eishes Ach who has children and is forbidden to the Yavam permanently.

(c) Rav agrees with Rebbi Yochanan's principle - when the Isur is an Ervah d'Oraysa (such as Achos Ishah), but not in our case where the two sisters fell from two houses and are forbidden only because of Zikah (which is only de'Rabbanan).

(a) According to Rebbi Yochanan's ruling - why does our Mishnah obligate the two remaining brothers to perform *Chalitzah* with the two sisters who fall to them for Yibum, but not *Yibum*? Why should one of the brothers not be permitted to perform Yibum with the sister who fell first, seeing as she was permitted before becoming Asur, and then, when the second brother makes Chalitzah with her sister, she becomes permitted again?

(b) Rebbi Yochanan therefore says that he has no idea who the author of our Mishnah is (meaning that it must have been learned erroneously.

(c) He does not answer that it is only the *second* sister who must make Chalitzah (whereas the first, may perform Yibum), and that when the Tana says Choltzos, he refers to the general public ('Choltzos de'Alma') - because the Mishnah says 'Harei Eilu Choltzos', implying that both Yevamos in our Mishnah require Chalitzah.

(d) Neither does he want to answer that our Mishnah speaks when the one brother had already performed Chalitzah with the first Yevamah - because 'Choltzos' implies that that is what must be done Lechatchilah, not Bedieved.

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