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Yevamos 30

YEVAMOS 29 & 30 - sponsored by Hagaon Rav Yosef Pearlman of London, a living demonstration of the love and adoration of the Torah.



(a) If Reuven and Shimon married sisters, Reuven dies, and then Levi dies after performing ...
1. ... Yibum with Reuven's wife - both Levi's wife and his Yevamah are free to marry le'Shuk.
2. ... Ma'amar with her - Levi's wife requires Chalitzah, and his Yevamah is free to marry le'Shuk.
(b) If Levi did not even make Ma'amar with her - then Shimon can even perform Yibum with Levi's wife.

(c) Rav Nachman extrapolates from this Mishnah - that 'Ein Zikah Afilu le'Chad Acha'.

(d) If first Levi, and then Shimon, died after having performed ...

1. ... Yibum with Levi's wife - both women are free to marry le'Shuk.
2. ... Ma'amar with Levi's wife - then she requires Chalitzah, and his Yevamah is free to marry le'Shuk.
(a) In spite of the fact that the Ma'amar with the Achos Ishah forces the non-related wife to perform Chalitzah, and not Yibum (as we saw in the first Mishnah), the Tana repeated it in the second Mishnah, when it is the other way round (when he makes Ma'amar with the 'Nochris', and it is the Achos Ishah who was married first) - because he really learned that Mishnah first, intending to permit the Tzarah in the first case. Then he changed his mind, deciding to forbid her too. He was so pleased with the Chidush however, that he learned it first.

(b) He did not then scrap the second Mishnah, which is not teaching us anything - because of the principle 'Mishnah Lo Zazah mi'M'komah' (The Tana'im preferred to leave their Mishnayos intact).

(a) Reuven and Shimon married two sisters and Levi, a non-related woman. Reuven died and Levi performed Yibum with his wife. Then, first Levi's wife died and after that, so did he. Shimon is not permitted to perform Yibum with the remaining Yevamah - because, since she was once forbidden to him (when Reuven died) she remains forbidden forever.

(b) Rav Yehudah Amar Rav says that any Yevamah who is not fit for Yibum at the time that she falls to Yibum, is like an Eishes Ach who has children (and will never become permitted to make Yibum). Even though we know already from the Seifa of our Mishnah (' ... Ho'il ve'Ne'esrah Sha'ah Achas') that a woman who is once forbidden, remains forbidden, we would have thought that that applies only when she remains forbidden throughout the period of the first Nefilah - comes Rav Yehudah Amar Rav and teaches us that even if the source of the Isur falls way during that period, she becomes permitted.

(c) If Reuven and Shimon were married to two sisters, and first Reuven, and then Shimon's wife, died - the Mishnah on 32a. says that Shimon is forbidden to perform Yibum with Reuven's wife, seeing as she was once forbidden to him.

(d) Rav Yehudah Amar Rav adds - that even when there is a second Yavam, who *could* have performed Yibum with the Yevamah, she nevertheless remains forbidden to the Yavam to whom she was initially forbidden, forever.

(a) Reuven and Shimon are married to two sisters. Reuven divorces his wife, and Levi, who is married to a non-related woman, dies. If Levi performs Yibum and dies, and Shimon, after performing Yibum with the Yevamah, dies too - this is the case about which Chazal said 've'Chulan she'Meisu O Nisgarshu, Tzaroseihen Mutaros', and Reuven is permitted to make Yibum with Levi's wife.

(b) Rav Ashi infers from the sequence of events in our Mishnah - that had Reuven divorced his wife only *after* Levi died, then Levi's wife would be forbidden to Reuven.

(c) He then extrapolate from there - that 'Yesh Zikah Afilu bi'Trei Achi', which is the reason that Levi's wife is forbidden to Reuven.




(a) Rav Ashi just extrapolated from our Mishnah (Ta'ama, de'Geirash ve'Achar-Kach Meis ... ') that 'Yesh Zikah Afilu bi'Trei Achi'. According to *him* - the Mishnah at the beginning of the Daf (from which *Rav Nachman* inferred [from the fact that the Tana requires Ma'amar on behalf of Levi for the 'Nochris' to require Chalitzah from Shimon, and not Yibum] that 'Ein Zikah Afilu be'Chad Acha'), is speaking even in a case when the Yavam did not make Ma'amar, and the Tana only mentions Ma'amar in order to preclude from the opinion of Beis Shamai, who holds that Ma'amar is Koneh completely, in which case the 'Nochris' would not even require Chalitzah either.

(b) According to Rav Nachman (who holds 'Ein Zikah' and there is no difference whether Reuven divorced his wife first and then Levi died, or vice-versa) - the Tana says '*Zu Hi* she'Amru ... ' to preclude when Shimon actually performed Yibum with Levi's wife before divorcing his own, in which case, she is forbidden to Reuven (like Rebbi Yirmiyah, in whose opinion this Tana holds 'Nisu'in ha'Rishonim Mapilim').

(c) Rava did indeed say (above on Daf 13a.) that both Mishnahs hold 'Misah Mapeles' and that the sequence of the Mishnahs is 'Zu, ve'Ein Tzarich Lomar Zu' (which is why he explained that the Mishnah comes to preclude from a case when Reuven divorced his wife only after Levi died, and not when Reuven actually performed Yibum with Levi's wife before divorcing his own (like Rebbi Yirmiyah, in whose opinion this Tana holds 'Nisu'in ha'Rishonim Mapilim'). Rav Nachman (in whose opinion the Tana comes to preclude when Reuven actually performed Yibum with Levi's wife before divorcing his own) - holds like Rebbi Yirmiyah.

(d) Rava *must* hold 'Yesh Zikah', like Rav Ashi - because since, in his opinion, both Mishnahs hold *Misah Mapeles*, our Tana cannot come to preclude when Reuven actually performed Yibum with Levi's wife before divorcing his own (like Rav Nachman), so it must come to preclude a case of when Reuven divorced his wife only after Levi died (from which Rav Ashi inferred above that Yesh Zikah).

(a) If the Ervah was a Safek Mekudeshes or a Safek Megureshes, the Tzarah requires Chalitzah and not Yibum. Safek Kidushin is when, in the street, the man threw a document of Kidushin to a woman and it landed exactly half-way, four Amos from each one.

(b) Safek Geirushin incorporates three cases: either her husband wrote her a hand-written Get without signed witnesses, or there *were* witnesses but the Get was undated - or the Get was dated, but was not written in the husband's handwriting and was signed by one witness.

(a) We do not explain Safek Megureshes in our Mishnah in the same way as Safek Mekudeshes ('Zarak Lah Gitah ... Safek Karov Lo Safek Karov Lei') - because then we would place the Tzarah on a Chezkas Heter le'Shuk (seeing as she was definitely a Tzaras Ervah, and a Safek could not remove that Chazakah).

(b) We do not apply the same principle to Safek Mekudeshes, and say that seeing as the Tzarah is be'Chezkas Heter le'Yavam, let the Yavam perform Yibum with her - because we go le'Chumra, and forbid Yibum.

(c) We initially think that this Chumra might lead to a Kula - because forbidding Yibum will lead us to presume that the Kidushin must have been effective. As a result, should he later betroth her sister, he will ignore the latter Kidushin and live with the first sister, or else someone else will betroth the first woman, and we will ignore that Kidushin, thinking that the first one's Kidushin was valid (whereas in fact, in both cases, both sets of Kidushin are Safek valid).

(d) The reason that we ignore that possibility and apply the Chumra nonetheless is - because the fact that he is required to perform Chalitzah will serve as a reminder that the Kidushin was not really valid and that she is only Safek Mekudeshes.

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