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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 80

YEVAMOS 79, 80 - The first two of four Dafim dedicated in honor of Dr. Charles and Rosalind Neustein, whose retirement to Florida allows them to spend even more time engaging in Torah study!



(a) We learned in our Mishnah that, according to Rebbi Akiva, a S'ris Chamah - meaning someone who was born a S'ris, is Patur even from Chalitzah.

(b) One would know that he is a S'ris Chamah, and not a S'ris Adam - because from the moment he was born, his urine did not emerge in the form an arch.

(c) His ailment is caused by his mother having baked bread in the middle of the day (causing her body to become very hot) and then drinking Shikra Marka, whilst she was pregnant with him. 'Shikra Marka' means - either diluted beer or strong beer.

(d) Rav Yosef's mother used to say 'whoever is from birth, is smitten', and Rav Yosef said that initially, he did not know what she meant. He might have been saying that he did not know what the cause of the illness was - or he might have meant that he did not initially know to which type of Saris this pertained.

(a) We presume from the fact that someone was born a S'ris and that he is still a S'ris now, that he is a S'ris Chamah. We do not suspect that he did not perhaps become cured in between (in which case he is really a S'ris Adam) - because since we know that he was born a S'ris and that he is still a S'ris, we place him on a Chazakah that that is what he was in between as well.

(b) Rebbi Chanina ben Antignos said that to determine the permanence of the blemish called Chivrur (white spots in the eye, which must last eighty days in order to be considered a blemish) - one would have to check it at the beginning, *in the middle* and at the end (which seemingly clashes with what we just said).

(c) We reconcile this with the previous statement - by differentiating between a blemish which affects just one limb (where we do not rely on the Chazakah of the beginning and the end alone, but suspect that maybe it cured in the middle); and one which affects the entire body (which is unlikely to have cured in the middle).

(a) If the Beis-Din are demanding that the Yavam who has turned twenty and has not brought Simanim (of maturity) to perform either Yibum or Chalitzah, the relatives of the Yevamah can prevent this from taking place - by proving that the Yavam is twenty and that he has the signs of a Saris.

(b) This is the opinion of Beis Hillel in a Beraisa, who maintain that the determining age is twenty both as regards a Saris and as regards an Aylonis. According to Beis Shamai, the determining age is eighteen. Rebbi Eliezer - follows the opinion of Beis Hillel regarding a Saris, and that of Beis Shamai regarding an Aylonis, in which case he is agreeing with Rebbi Akiva, that a S'ris Chamah is Patur from Chalitzah.

(c) Rami bar Dikuli Amar Shmuel explains that Rebbi Eliezer retracted from one of his two statements (which explains why he contradicts here what he himself said in our Mishnah - that a S'ris Chamah *is* obligated to perform Chalitzah).

(a) We try to prove from a Beraisa that it is from the *second* of his statements that Rebbi Eliezer retracted (and not from his statement in the Mishnah). Perhaps the proof is from the fact that two statements override one - or perhaps it is from the fact that he refers to ongoing facts that took place in Alexandria (lending authenticity to his ruling).

(b) Rebbi Elazar, in a new approach to deal with the problem - explains that Rebbi Eliezer's second ruling, where he rules like Beis Hillel (that until twenty he is considered a Katan) - refers not to the Din of 'Lo Choletz' mentioned by Beis Hillel (with which he disagrees), but to the fact that the Saris now becomes a Gadol (even though he has not brought signs of maturity).

(a) Rav says that someone who ate Cheilev from the age of twelve until eighteen and who produced Simanim after turning eighteen - is Chayav retroactively, and is therefore obligated to bring a Korban.

(b) Rav, who gives the age as eighteen - must be complying with Rebbi Eliezer, who holds that the age that determines an Aylonis is eighteen (despite the fact that he mentions 'S'ris'). In any event, he can only be speaking about a woman, since he speaks about the starting age of twelve (and not thirteen).

(c) According to Shmuel - if she brings signs of being an Aylonis only after eighteen, then she is Aylonis only from then on. Consequently, at the time that she ate Cheilev she was a Ketanah, and is Patur from bringing a Korban.

(a) Rebbi Meir holds that ...
1. ... a man who rapes or who seduces a Ketanah - is not obligated to pay the K'nas of fifty Shekalim.
2. ... and neither is a man who rapes an Aylonis.
(b) Even according to Rav, the latter does not pay K'nas, even in a case, where she brought Simanim only after she turned eighteen - because she is never a Na'arah. She was a Ketanah, and then, when the signs of an Aylonis appear, she becomes a Bogeres, who does not receive K'nas in any event.

(c) When Abaye answered Rav Yosef's Kashya in this way - Rav Yosef exclaimed how he wished that people would repeat such Halachos in his name.

(a) When Rebbi Avahu says 'Simnei S'ris ve'Aylonis u'Ben Sh'moneh Ein Osin Bahen Ma'aseh ad she'Yehu ben Esrim' he means - that, even if a man has the signs of a Saris, or the woman of an Aylonis, one treats them as a Katan (and not as an Aylonis) until the age of twenty); and similarly, if a baby is born in the eighth month, one does not give him the Din of a Vaday Nefel until he reaches the age of twenty.

(b) The Tana of the Beraisa says - that an eighth month baby is like a stone on Shabbos, and one is not permitted to move him. In order to feed him, his mother must bend over him and nurse him without actually picking him up.

(c) 'Mipnei ha'Sakanah' means - because of the danger to *her* life as well as to *his* (see Hagahos ha'Bach), due the build-up of milk in her breasts (which can cost her her life if it is not released).

(d) Rebbi Avahu talks about an eighth month baby surviving twenty years - when it born with signs of life (i.e. its hair fully-grown and with finger-nails and toe-nails).




(a) The Tana Kama of the Beraisa describes a ben Sh'moneh as one who was born during the eighth month. According to Rebbi - he must also fail to have the signs of life (hair and nails). Otherwise, we assume that it is a seven-month baby who remained in the womb for an extra month (The Tana Kama maintains that this is not possible).

(b) Rebbi will say that an eighth-month baby who is born with hair fully-grown and nails - only falls under the category of 'Nefel' if he dies before reaching the age of twenty, as we just saw in the words of Rebbi Avahu.

(a) Rabah Tosfa'ah ruled - that the baby of a woman who gave birth twelve months after her husband went overseas was not a Mamzer, because we can assume it to have been a ninth-month baby who remained in the womb for an extra three months.

(b) We initially establish Rabah Tosfa'ah like Rebbi - because Rebbi is the one to say that it is possible for a baby to remain in his mother's womb even after he is fully formed completed.

(c) We refute this proof on the basis of the (third) opinion of Raban Shimon ben Gamliel - who says that, any baby that survives thirty days is no longer a Nefel (meaning that it must be a seventh-month baby that remained in the womb for an extra month), so we have his opinion to add to that of Rebbi.

(d) We cite Raban Shimon ben Gamliel's opinion - in order to avoid establishing Rabah Tosfa'ah like Rebbi (an individual opinion) against the Tana Kama (who is considered a majority opinion). Now Rabah Tosfa'ah holds like *two* Tana'im.

(a) The Beraisa describes a S'ris Chamah as someone who reaches the age of twenty without bringing Simanim (of maturity), even if they grew afterwards. If they did grow afterwards, then - according to Rav, he is a Saris retroactively, whereas according to Shmuel, he only becomes a S'ris (and a Gadol) from the time that he grows the Simanim (as we saw on the previous Amud).

(b) The Tana Kama gives three signs of a Saris; that his beard does not grow, that his hair is limp and that his skin is smooth like a that of a woman.

(c) Raban Shimon ben Gamliel adds in the name of Rebbi Yehudah ben Yair - that his urine does not produce foam. Others add that ...

1. ... his urine - does not form an arch when it emerges, but drops straight to the ground.
2. ... his Zera - dribbles out like water.
3. ... when his urine is placed in a receptacle - it does not turn sour.
(d) Acheirim add that when he bathes, no steam rises from his body. Rebbi Shimon ben Elazar gives as the final sign - that he has a high-pitched voice and when he speaks, one cannot tell whether it is the voice of a man or of a woman.
(a) The Tana Kama also gives three signs of an Aylonis: that she does not have breasts like a woman and Tashmish is hard for her. Raban Shimon ben Gamliel adds - that her stomach is flat.

(b) Raban Shimon ben Elazar adds - that her voice is low-pitched and one cannot tell when she speaks, whether it is the voice of a woman or of a man.

(c) Rav Huna requires *all* the signs before a person can be declared a Saris. According to Rebbi Yochanan, any one will suffice. Rebbi Yochanan agrees with Rav Huna however - when two hairs in his beard have grown (and this is not considered a beard - see Tosfos D.H. 'de'Heivi', and also Hagahos ha'Gra).

(d) Rabah bar Avuhah instructed the Rabbanan to watch - whether, when Rav Nachman (his disciple) bathed, steam rose from his body; not necessarily because he held like Rav Huna (seeing as the very request presumes that other signs of a Saris were evident on him) - but because tufts of hair had grown on his face.

12) Our Mishnah exempts a Saris even from Chalitzah. The author must be Rebbi Akiva - because the Tana juxtaposes Saris to Aylonis, so that just as an Aylonis is stricken from birth, so too, is the Tana speaking about a S'ris Chamah, and as we have already learned, Rebbi Akiva is the one who exempts a S'ris Chamah even from Chalitzah.

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