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Kollel Iyun Hadaf, Jerusalem

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Yevamos 49

YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.



(a) According to ...
1. ... Rebbi Akiva (in our Mishnah) - even a child born from Chayvei La'avin de'She'er (who are blood-relatives) is a Mamzer.
2. ... Shimon ha'Teimani - a child born from Chayvei Kareis.
3. ... Rebbi Yehoshua - only a child born from Chayvei Misas Beis-Din.
(b) Our Mishnah rules like Shimon ha'Teimani.

(c) The Megilas Yuchsin that they found in Yerushalayim (which mentioned Eishes-Ish) - followed the opinion of Rebbi Yehoshua.

(a) If a mans wife dies, he is permitted to marry her sister. This ...
1. ... is also the case - if he divorced her before she died?
2. ... does not apply - if he divorced her and she married someone else?
3. ... is also the case - if he divorced her and she married someone else and died.
(b) If a man's Yevamah dies, he is permitted to marry her sister. This is also the case if ...
1. ... he performs Chalitzah with her and she dies.
2. ... he performs Chalitzah with her and she marries someone else and dies.
(a) Rebbi Akiva Darshens the Pasuk "Lo Yikach Ish es Eishes Aviv, *ve'Lo Yegaleh K'naf Aviv*" like Rebbi Yehudah his Talmid - according to whom the Pasuk is referring to the woman whom his father raped (which is only a case of Chayvei La'avin).

(b) Rebbi Akiva learns from the fact that the Pasuk "Lo Yavo Mamzer ... " is written just before the Pasuk of "Lo Yikach Ish ... " - that Yesh Mamzer me'Chayvei La'avin.

(c) Rebbi Sima'i includes in Rebbi Akiva's list the children of Chayvei La'avin that are not blood-relatives. Rebbi Yesheivav includes even Chayvei Asei. An example of ...

1. ... Chayvei La'avin that are not relatives - such as Machzir Gerushaso mi'she'Nis'eis, an Amoni or a Mamzer who married a Bas Yisrael.
2. ... Chayvei Asei - a first or second generation Mitzri or Edomi who married a Bas Yisrael.
(d) The exceptions according to Rebbi Sima'i - are Almanah le'Kohen Gadol and the other Isurei Kehunah (whose children are Chalalim, and not Mamzeirim).
(a) Rebbi Sima'i and Rebbi Yesheivav both derive their opinions from the same source - from the extra 'Vav' in "ve'Lo Yegaleh ... ".

(b) Shimon ha'Teimani derives that a Mamzer is the product of Chayvei K'risus from the same source as the above Tana'im derive their respective opinions, explaining the Pasuk " ... ve'Lo Yegaleh K'naf Aviv" like the Rabbanan of Rebbi Yehudah - in whose opinion, the Pasuk refers to his father's Shomeres Yavam (which is a case of Chayvei Kareis, because she is also his father's brother's wife).

(c) Irrespective of whether "ve'Lo Yegaleh ... " refers to Anusas Aviv or to Shomeres Yavam shel Aviv, Rebbi Yehoshua asks why the Pasuk needs to write "Lo Yikach Ish es Eishes Aviv"? Why will it not suffice just to write "ve'Lo Yegaleh K'naf Aviv"?

(d) He therefore Darshens the Pasuk - that from "Lo Yikach" (his father's wife, which is a case of Chayvei Misah) until "Lo Yegaleh" (exclusively), the child is a Mamzer, but not less than that.

5) According to Rebbi Yehoshua, the Torah inserts "Lo Yegaleh" if he holds that it refers to ...
1. ... Shomeres Yavam - in order to add a second La'av to the existing one.
2. ... Anusas Aviv - to inform us that she is forbidden to him.



(a) Abaye says that everyone agrees that the child of a Nidah and a Sotah is not a Mamzer. 'Everyone' - in the case of a Nidah, incorporates Shimon ha'Teimani, and in the case of a Sotah, Rebbi Akiva.

(b) This is because in both cases - the Kidushin is effective.

(c) We learn from the Pasuk "*va'Tehi* Nidasah Alav" - that Kidushin is effective on a Nidah.

(a) When Abaye says that Kidushin is effective on a Sotah - he means that the Kidushin with her husband remains intact.

(b) What makes 'Sotah' a Chidush, according to Rebbi Akiva - is the fact that by Machzir Gerushaso (which is also not Chayvei La'avin di'She'er), he declares the child to be a Mamzer.

(c) According to Rebbi Akiva in our Mishnah - Sotah is not a Chidush anyway, because he holds there that a child born from Chayvei La'avin di'She'er is not a Mamzer.

(d) The Beraisa adds Shomeres Yavam to the above list. Abaye omits it because he is unsure whether to learn like Rav or Shmuel. Each one learns his opinion from the Pasuk "Lo *Sihyeh* Eishes ha'Meis le'Ish Zar".

1. Rav explains the Pasuk to mean - that there is no Kidushin on a Shomeres Yavam.
2. Shmuel is not sure - whether to learn like Rav, or whether to explain that the Torah comes to forbid her even though Kidushin is effective (since the Torah uses the Lashon of "Lo *Tihyeh*"). Note: It is not clear however, why Abaye ignores a Beraisa in favor of Rav and Shmuel, nor how Rav and Shmuel can ignore a Beraisa (though Rav has the power of a Tana). See also Tosfos DH 'ha'Kol'.
(a) Shimon ben Azai in our Mishnah cites a Megilas Yuchsin that he found in Yerushalayim. In a Beraisa, he adds two statements that were written there. One of them - 'Mishnas Rebbi Eliezer ben Ya'akov Kav ve'Naki' (meaning that Rebbi Eliezer ben Ya'akov does not speak often in the Mishnah [according to others, 'Mishnas' incorporates Beraisos], but that, when he does, it is always Halachah.

(b) The third statement contained in the Megilah is - that Menasheh killed Yeshayah.

(a) Menasheh queried Yeshayah's statement ...
1. ... "va'Er'eh es Hashem Yosheiv al Kisei Ram ve'Nisa" - from the Pasuk in Ki Sisa "Ki Lo Yir'ani ha'Adam va'Chai".
2. ... "Dirshu Hashem be'Himatz'o" - from the Pasuk in Va'eschanan "Mi ka'Hashem Elokeinu *be'Chol Kor'einu* Eilav".
3. ... (quoting Hashem to Chizkiyahu) "ve'Hosafti al Yamecha Chameish-Esrei Shanah" - from the Pasuk in Mishpatim "es Mispar Yamecha Amalei" (which he interpreted to mean that Hashem will fill in the Tzadik's allotted years - but no more).
(b) Yeshayah justified each of these statements:
1. That he saw Hashem with an unclear vision, whereas Moshe was referring to the impossibility of seeing him with a clear vision.
2. That he was exhorting individuals to find Hashem when He is to be found (during the Aseres Yemei Teshuvah), whereas Moshe was referring to the community (for whom the gates of prayer are never closed.
3. That the interpretation of the Pasuk "es Mispar Yamecha Amalei" is subject to a Machlokes Tana'im: Menasheh explained it like Rebbi Akiva; according to the Chachamim however, it means that Hashem will even *add* to the years of a Tzadik.
(c) He did not tell this to Menasheh however - because he knew that Menasheh would not accept it from him, and it is better, he decided, that Menasheh should remain a Shogeg over his death, rather than turn him into a Meizid.
(a) Yeshayah died when Menasheh cut down the cedar-tree in which he was hiding and sawed it in two.

(b) He died as Menasheh was sawing *his mouth* - because he spoke Lashon ha'Ra about K'lal Yisrael (when he said that he dwelt among people whose mouths were impure).

(c) Rebbi Akiva, who explains the Pasuk "es Mispar Yamecha Amalei" to mean that Hashem will fill in the Tzadik's allotted years, but no more, will explain that, when Hashem said "ve'Hosafti al Yamecha Chameish-Esrei Shanah" - he meant that He was merely replacing the fifteen years that He had decided to subtract from him (leaving him with the amount of years which had initially been allotted to him).

(a) Rebbi Akiva proved his point from the Pasuk "Hinei Ben Nolad le'Beis David, Yoshiyahu Shemo" - which was said long before Menasheh (Yoshiyah's father) was born, proving that when Chizkiyahu fell ill and was destined to die, his death was premature (proving that the fifteen years were not added, but replaced).

(b) The Rabbanan refute that proof however - on the grounds that nobody had said anything about Yoshiyahu being a grandson of Chizkiyahu. All Hashem had said was that he would be a descendent of David.

(c) In connection with our Mishnah, which teaches us that Achos Ishto is permitted after the death of his wife - Rav Yosef said 'Here Rebbi taught a Mishnah that is superfluous' (because everyone knows that one's wife's sister is only forbidden during her lifetime).

***** Hadran Alach ha'Choletz *****

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