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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 61

YEVAMOS 46-65 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.



(a) That Kohen explained to Rav Nachman bar Yitzchak that he had married a Giyores of under three - because of Rebbi Ya'akov bar Idi Amar Rebbi Yehoshua ben Levi, who had ruled like Rebbi Shimon.

(b) Rav Nachman bar Yitzchak retorted emphatically - that he is obligated to send her away (and that if he did not, he would place him in Cherem).

(c) Rebbi Shimon learned from the Pasuk "va'Etein Tzoni Tzon Mar'isi Adam Atem" - that it is only Yisrael who are called "Adam", but not Nochrim.

(d) Nevertheless, the Torah in Bamidbar refers to the women of Midyan and the Navi Yonah to the people of Ninveh as "Adam" - to strike a contrast between them and the animals mentioned in both places.

(a) Rebbi Shimon explains that the soldiers (who returned from the battle with Midyan) required purification from Tum'as Meis, because of the possibility that the corpses they had touched were from Yisrael. The Rabbanan refuted this suggestion - seeing as the Torah writes "ve'Lo Nifkad Mimenu Ish" (meaning that not one Jewish soldier was killed).

(b) Rebbi Shimon explains the Pasuk "ve'Lo Nifkad Mimenu Ish" to mean - that they did not sin (in spite of the tremendous temptations that confronted them).

(c) According to Ravina, Rebbi Shimon concedes to the Rabbanan that "ve'Lo Nifkad Mimenu Ish" refers to physical death (in which case, no Jewish soldier died). They would nevertheless have needed purification from Tum'as Meis - because they may well have *touched* a Midianite corpse, and even Rebbi Shimon will agree that a Nochri corpse renders those who touch it, Tamei (because his leniency is restricted to Tum'as *Ohel*, and does not extend to touching).

(a) If a Kohen is betrothed to a widow and is then appointed Kohen Gadol - he is permitted to marry her.

(b) This happened to Yehoshua ben Gamla (who incidentally, introduced the Talmud-Torah system).

(c) We learn this concession from the extra word "Ishah". From the same word "Ishah" - we also preclude a Shomeres Yavam, with whom he is not permitted to perform Yibum, even if he had already made Ma'amar with her.

(d) Rav Yosef deduces from the wording in the Mishnah (with regard to Yehoshua ben Gamla) 'u'Mineihu Lihyos Kohen Gadol' - that he must have been appointed artificially (even though he was not worthy of the appointment). Indeed, Rav Asi informs us that Marsa (his betrothed) paid a vast sum of money to King Yanai in order to have him appointed.

(a) If a Kohen Gadol's brother dies, the Kohen Gadol performs Chalitzah and not Yibum. The Asei of Yibum does not override the Lo Sa'aseh of a Kohen Gadol marrying a widow - because the Lo Sa'aseh is reinforced by an Asei of "Ki-im Besulah me'Amav Yikach Ishah".

(b) The Tana of our Mishnah even forbid Yibum if she is an Almanah from the Eirusin, despite the fact that she is still a Besulah (and there is no Asei) - because Chazal decreed the first Bi'ah on account of the second (which is forbidden min ha'Torah).

(a) 'Kohen Hedyot Lo Yisa Aylonis Ela-im-Kein Yesh Lo Ishah u'Banim' - which really means 'Ishah' *or* 'Banim'.

(b) Rebbi Yehudah forbids him to marry an Aylonis even if he has a wife or children - because that is the Zonah whom the Torah forbids.

(c) The Chachamim define a Zonah as - a Giyores, a Meshuchreres and any woman who indulged in a forbidden relationship.

(d) The Tana Kama confines the Din of marrying an Aylonis to a Kohen, not to preclude a Yisre'eilis - but because of Rebbi Yehudah, whose ruling (declaring her a Zonah) only affects a Kohen.




(a) Rebbi Yehudah derives his definition of Zonah from the Pasuk "Achlu ve'Lo Yisba'u, Hiznu ve'Lo Yifrotzu" - which implies that any woman from whom one cannot have children is a Zonah.

(b) According to Rebbi Eliezer, a Kohen is forbidden to marry a Ketanah. Rabah explains that Rebbi Eliezer holds like Rebbi Yehudah. In order to issue such a ruling, he would also have to hold like the opinion of Rebbi Meir - who contends with the minority.

(c) The Rabbanan concede to Rebbi Meir that a Katan is forbidden to perform Chalitzah - because the Torah writes "Ish" in the Parshah of Chalitzah.

(d) Rebbi Eliezer cannot possibly agree with the ruling of ...

1. ... Rebbi Meir - because, in a Beraisa, he specifically permits a Ketanah to perform Yibum.
2. ... Rebbi Yehudah - because, in another Beraisa, he specifically defines a Zonah as a married woman who goes with other men.
(a) Rebbi Akiva defines a Zonah as a prostitute. Rebbi Masya ben Charash defines her even as a woman whose husband had relations with her - if, as he was taking her to the Beis Hamikdash to drink the water of a Sotah, he made Bi'ah with her.

(b) Rebbi Elazar (the most stringent of all) holds - 'Panuy ha'Ba al ha'P'nuyah, As'ah Zonah'.

(a) Rav Ada bar Ahavah establishes Rebbi Eliezer by a Kohen Gadol - who would then transgress the Isur of marrying a Be'ulah, because he only acquires her when she becomes a Na'arah.

(b) Rava objects to Rav Ada bar Ahavah's explanation, because 'Mimah Nafshach', if her father accepted her Kidushin, then he acquires her already at the time of the Kidushin. And if she accepted her Kidushin herself he objects - because then, why would the Rabbanan argue with Rebbi Eliezer?

(c) Rav Papa resolves Rava's Kashya from a Beraisa, which explains Rebbi Eliezer's opinion by extrapolating from the words "Besulah" and "Ishah" - that a Kohen Gadol is only permitted to marry a girl who is both a Besulah and an Ishah (i.e. a Na'arah), precluding a Ketanah as well as a Bogeres.

(d) Rava himself establishes Rebbi Eliezer by a Kohen Hedyot, and Rebbi Eliezer forbids a Kohen to marry a Ketanah for fear she might allow herself to be seduced by others and become Asur to him. Despite the fact that a woman who is seduced is forbidden to her husband even if he is a Yisrael, he nevertheless restricts his ruling to a Kohen - because the seduction of a Ketanah is considered rape.

9) Rav Nachman bar Yitzchak establishes Rebbi Eliezer like the Tana of the Beraisa - who explains the word "Besulah" itself to mean a Na'arah (and not a Ketanah - see Tosfos DH 've'Chein').


(a) According to our Mishnah, once someone has children, he is permitted to desist from having more - inferring that he is not permitted to desist from marrying again.

(b) This is a proof for Rav Nachman Amar Shmuel - who extrapolates from the Pasuk "Lo Tov Heyos ha'Adam Levado" - that a man is forbidden to live without a wife.

(c) According to the second Lashon, the Tana of our Mishnah incorporates a wife in the words 'Piryah ve'Rivyah'. Rav Nachman Amar Shmuel will then explain - that our Mishnah does not obligate him to marry a wife who can have children, but the Tana will agree that he is obligated to marry again (at least a woman who is unable to have children).

(d) The practical difference between whether a man has had children or not in this regard - is that, if he has not had children, he will be permitted to sell a Sefer-Torah if need be, in order to obtain a wife who can have children; whereas this will be forbidden, if he already has children.

(a) According to Beis Shamai, the Mitzvah of 'P'ru u'Revu' constitutes two sons; according to Beis Hillel - one son and one daughter.

(b) The source of ...

1. ... Beis Shamai - is Moshe Rabeinu, who only had two sons but no daughters.
2. ... Beis Hillel - is the creation of the world, which Hashem set into motion with Adam and Chavah.
1. ... Beis Shamai decline to learn from Adam and Chavah at the creation - because there it was inevitable for the world to have continued in any other way, and we do not learn the possible from the impossible.
2. ... Beis Hillel declined to learn from Moshe, like Beis Shamai - because Moshe was different, seeing as he separated from his wife (under unique circumstances, which Hashem conceded, as we shall see).
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