(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Yevamos 41

YEVAMOS 41 (3 Shevat) - has been dedicated by Zvi and Tamarah Sand of Har Nof, Yerushalayim, in memory of Tamarah's grandfather, Chanan (ben Chaim) Bromberg, on his Yahrzeit.



(a) If the brother of someone who performed Chalitzah marries the Chalutzah's sister and dies, the Chalutz is forbidden to perform Yibum with her when he dies - because she is Achos Chalutzaso.

(b) The difference between a case where his brother married Achos Chalutzaso and where he married Achos Gerushaso - is that the latter, since she is Patur from Yibum mi'd'Oraysa, is Patur from Chalitzah too; whereas the former, whose Isur to perform Yibum is only mi'de'Rabbanan, is obligated to perform Chalitzah.

(a) According to Rebbi Yehudah ben Beseira - one instructs the brother who betrothed the sister of his brother's Shomeres Yavam to wait until his brother has performed either Yibum or Chalitzah, when he will be permitted to marry her. He is not permitted to marry her immediately - because she is Achos Zekukaso.

(b) If ...

1. ... his brother performs Yibum or Chalitzah with the Yevamah - he is permitted to marry her sister (to whom he is betrothed).
2. ... the Yevamah dies - he is permitted to marry her betrothed sister.
3. ... the (sole) Yavam dies - the remaining brother must send away his wife with a Get, and his Yevamah, with Chalitzah.
(c) Despite the fact that Achos Chalutzah is obligated to perform Chalitzah, whereas Achos Gerushah is not - the Tana (Rebbi) says 've'Chein', to teach us that Achos Chalutzah is a decree on account of Achos Gerushah.

(d) Shmuel rules like Rebbi Yehudah ben Beseira - teaching us 'Yesh Zikah' and that the Zikah is strong enough to forbid her sister on the Yavam.

(a) Rav and Rav Ivya both permit the Yavam of Rebbi Yehudah ben Beseira to perform Yibum with the Yevamah, if her sister (his betrothed) died - because they hold that a Yevamah who was permitted when she fell to Yibum, and who then became forbidden and then permitted again, is ultimately allowed.

(b) Shmuel and Rav Asi forbid it - because, in their opinion, a Yevamah who is forbidden for one moment, remains forbidden permanently.

(c) Rav Hamnuna asked on Rav from the Mishnah on 29a. where the Ba'alas Ma'amar, who had been permitted to her Yavam when her husband died, but who became forbidden when her sister's husband (the Yavam's brother) died, and who became permitted again when the sister died, remains forbidden. Rava remained silent. He might have established that Beraisa like Rebbi Elazar - who (even he concedes) holds that a Yevamah who is forbidden for one moment, remains forbidden permanently (like Shmuel and Rav Asi), but declined to do so, because maybe Rebbi Elazar speaks in a case when the Yevamah was already forbidden before she fell to Yibum (like the case there, where the brother divorced his wife, then remarried her and died), whereas in our case, the Yevamah was permitted at the time when she fell.

(d) Rav later changed his mind, and did indeed establish the Beraisa like Rebbi Elazar, who said in another Beraisa - that in the case of Rebbi Yehudah ben Beseira, if his betrothed died, he must perform Chalitzah but not Yibum (like Shmuel and Rav Asi).

4) It appears that Shmuel and Rav Asi hold like Rebbi Elazar. Nevertheless, it is possible to establish them like the Rabbanan - because the Rabbanan, in their opinion, only argue with Rebbi Elazar in a case when the Yevamah does *not* become forbidden after she has fallen to Yibum, whereas in our case, where she *does*, even the Rabbanan will agree that will not become permitted again.


(a) A Yevamah is forbidden to perform Chalitzah or Yibum until three months after her husband's death - this extends to marrying the wife of a man who died - whose wife one is not permitted to betroth or to marry within three months of his death, either.

(b) Nor, according to the Tana Kama - does it make any difference whether the woman is a Besulah, a Be'ulah, divorced, widowed, or whether she was married or betrothed.

(c) Rebbi Yehudah permits married women to become betrothed and betrothed ones to marry - except for in Yehudah, where the custom was for the betrothed couple to become familiar with each other before the wedding (so as to avoid embarrassment after they are married), and whom we therefore suspect, may have had relations.

(d) Rebbi Yossi disagrees with Rebbi Yehudah - inasmuch as it is only a married *divorcee* who is permitted to become betrothed within three months, but not *a widow*, who is forbidden to marry during the first thirty days after her husband's death, because it is a period of mourning.




(a) The Yevamah is forbidden to perform Yibum within three months of her husband's death, because the baby might live, in which case the Yavam will have contravened the Isur of Eishes Achiv. The prohibition of performing Chalitzah is not necessarily because 'Chalitzas Me'uberes Lo Sh'mah Chalitzah (a disproof to Rebbi Yochanan (who holds ' ... Sh'mah Chalitzah'). It could also be - because the baby may live and we will then require a public announcement to invalidate the Chalitzah (so that she should be permitted to marry a Kohen, and we are concerned about those people who were at the Chalitzah but did not hear the announcement (as we learned above - on 36a.).

(b) We try to reconcile Rebbi Yochanan with our Mishnah, despite the fact that he has already been disproved once - so that, should we manage to find an answer to the Kashya there, we will not have a problem from the Mishnah here.

(c) Even a Yevamah who was already divorced before marrying the Yavam's brother (in which case, she is forbidden to marry a Kohen anyway) is obligated to wait - for her own benefit, so that she should not be deprived of the sustenance that she receives from her first husband (because the moment the Yavam performs Chalitzah, she loses her sustenance).

(a) We ask on Rebbi Yochanan from a divorcee who was only *betrothed* to the Yavam's brother (and who does not receive sustenance anyway), and we answer that our Mishnah holds like Rebbi Yossi - who told a man who wanted to perform Chalitzah during the three months that Yibum is forbidden, that the Torah writes "Im Lo Yachpotz ... ", 'Ha Yachpotz, Yibeim' (meaning that Chalitzah must have the option of Yibum, and where Yibum is forbidden, the Yevamah does not go for Chalitzah either).

(b) Rebbi Yossi's ruling does not pose a Kashya on Rebbi Yochanan - who confines the Derashah to Lechatchilah, where it is possible to wait, but where it is not, there are many cases where Chazal required Chalitzah even when Yibum is not possible. Consequently, if Bedieved one performed Chalitzah, the Chalitzah is valid.

(a) When the Tana of another Beraisa writes 'Kol ha'S'feikos Choltzos ve'Lo Misyabmos', he cannot be referring to a case of Safek Kidushin - because there is no reason there why he should not be able to perform Yibum (since, if the Kidushin was valid, then he will be performing Yibum with his Yevamah, and if it was not, then it will be Kidushin with a strange woman).

(b) So he must be referring to case of Kideish Echad mi'Sh'tei Achyos. When Rebbi Yossi taught that whoever cannot perform Yibum, cannot perform Chalitzah either - he was referring to a case such as a Safek Me'uberes, where Chazal decreed not to perform Yibum, even if Eliyahu were to inform us that the woman is not pregnant; whereas in the case of Kideish Echad mi'Sh'tei Achyos, if Eliyahu would enlighten us as to which one his brother betrothed, she would be permitted to him. Consequently, one performs Chalitzah (Lechatchilah).

(c) We prove this from a Yevamah Ketanah - who is obligated to wait three months, even though we know that she is not pregnant.

(d) Chazal ruled 'Choletzes ve'Lo Misyabemes', such as Achos Chalutzaso - because they are S'feikos that do not stand to become resolved (so what point is there in waiting?); whereas the Safek of a Safek Me'uberes *will*.

(a) For the first three months, the Tana of the Beraisa teaches us, a Yevamah is sustained out of her deceased husband's estate - from then on, she receives no Parnasah at all, either from her deceased husband's estate or from the Yevamah.

(b) She *is* however, sustained out of the Yavam's estate - if she served the Yavam a writ to force his hand to perform either Yibum or Chalitzah with her, and he ran away.

(c) Chazal differentiate between an ordinary widow, who is sustained from her deceased husband's estate until she remarries, and a Yevamah, who is only sustained for three months - because an ordinary Almanah can say that she has deliberately remained unmarried due to the deep respect that she felt for her husband; whereas a Yevamah is bound to the Yavam (notwithstanding the fact that she is not fed from *his* estate either, until the Yibum).

(d) If the Yevamah falls before a Yavam Katan, Rav Acha and Ravina argue whether she is sustained beyond the three month period or not. We rule that she is not - because her predicament is clearly a Divine punishment.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,