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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 111



(a) Rav Sheishes proves Rav Chisda's interpretation of Rav (that one acquires a Chareshes only partially, and a Ketanah completely, only mi'Safek) from a Beraisa. The Tana says that if two brothers are married to two orphan sisters, one a Ketanah, and the other, a Chareshes, and the husband of the Ketanah dies, he gives the Chareshes a Get (because of the Safek Zikah of the Ketanah) - and performs Chalitzah with the Ketanah after she grows-up.

(b) Should the husband of the Chareshes die, the Ketanah goes out with a Get (because she may be Achos Zekukaso) - the Chareshes remains forbidden to marry for the rest of her life. The Yavam cannot perform Yibum with her, in case he acquired the Ketanah completely, in which case she will be Achos Gerushaso; nor is Chalitzah applicable by a Chareshes.

(c) If, in the latter case, he performed Yibum with the Chareshes - he gives her a Get and she is permitted to remarry?

(d) Rav Sheishes proves Rav Chisda's interpretation of Rav to be correct from the fact that, in the latter case, the Chareshes goes free with a Get. If we were to reverse the mechanics of a Ketanah and a Yevamah - then she would remain forbidden, because, since the Bi'ah with the Ketanah acquired partially, the Bi'ah with the Chareshes was a Bi'ah Pesulah, which does not remove the Zikah. And since some of the Zikah remains and a Cheresh is not subject to Chalitzah, she should remain forbidden.

(a) We try to reject Rav Sheishes' proof by establishing the Beraisa like Rebbi Nechemyah - who says that a Bi'ah Pesulah exempts from Chalitzah.

(b) The Seifa of the Beraisa states that if someone who is married to two orphans, one of them, a Ketanah and the other, a Chareshes, dies, and the Yavam made Yibum first with the Ketanah and then he or his brother performed Yibum with the Chareshes, both Yevamos are now forbidden to him. The Ketanah is forbidden to the Yavam (despite the fact that he either acquired her as a Yevamah or as a wife, as we explained earlier) - because of a decree in case he reverses the order.

(c) He must now give the Chareshes a Get - and wait for the Ketanah to grow-up before performing Chalitzah with her.

(d) According to the Rabbanan, he cannot perform Bi'ah because of a decree in case he performs Bi'ah with the Yevamah first (as we just explained). The problem in establishing the Mishnah like Rebbi Nechemyah, and reversing the mechanics of a Ketanah and a Chareshes (like we tried to explain in the Reisha) is - that then, the Ketanah (whose Bi'ah was a Bi'ah Pesulah, because the Bi'ah with the Chareshes might have acquired her completely) should not require Chalitzah.

(a) We have now proved from the Seifa of the Beraisa that the author cannot be Rebbi Nechemyah, in which case the Reisha is a proof for Rav Chisda's interpretation of Rav. In a further attempt to prove that the author must be the Rabbanan, we try to extrapolate from the Reisha 'Im Ba al ha'Chareshes, Nosen Lah Get ve'Hutrah' - whereas it does not say the same by Ketanah (ostensibly because since the author is the Rabbanan, a Bi'ah Pesulah will not exempt the Ketanah from Chalitzah).

(b) We reject this proof - on the grounds that the Tana only mentions it by a Chareshes because we have no other way out for her; whereas by a Ketanah, where she has the opportunity to go free with a Get, the Tana does feel inclined to mention the leniency of 'Ba Alehah'.




(a) Someone was married to two orphan Ketanos died, and the Yavam first performed Yibum with one of them, and then he or his brother performed Yibum with the other one. The first Yavam is permitted to remain with his Yevamah, seeing as the two have exactly the same status.

(b) If, in the equivalent case ...

1. ... the two Yevamos were Charashos - the same will apply.
2. ... the first Yevamah was a Ketanah and the second one, a Chareshes - then the Yibum with the Chareshes forbids the Ketanah on the Yavam (because of a decree, that one might apply the same Halachah in the reverse order, as we have already learned a number of times).
3. ... the first Yevamah was a Chareshes, and the second one, a Ketanah - then min ha'Din, the Ketanah forbids the Chareshes on the Yavam, in case one acquires a Ketanah completely, as we learned above, whereas one only acquires the Chareshes partially.
(c) In a parallel case where the first Yevamah was a Pikachas and the second one, a Chareshes, the latter does not forbid the former on the Yavam, whereas if the first Yevamah was the Chareshes, the subsequent Yibum of the Pikachas would forbid the Chareshes on the Yavam. And the same will apply if the two Yevamos were a Gedolah and a Ketanah. Rebbi Eliezer say in the latter case - that we teach the Ketanah with whom he performed Yibum first, to make Miy'un.
5) Rav Yehudah Amar Shmuel and Rebbi Elazar ben P'das rule like Rebbi Eliezer (or Rebbi Elazar ben Shamua - Rashi appears to contradict himself in this point).
Having ruled like him ...
1. ... above in the Mishnah on 109a., they nevertheless find it necessary to repeat the ruling here - despite the fact that he has already fulfilled the Mitzvah of Yibum (which is not the case on our Mishnah).
2. ... here, why do they find it necessary to repeat the ruling there - despite the fact that, as things stand, the Gedolah (who is Achos Ishah) is not due to perform Yibum (which is not the case here).
(a) If a Yavam Katan performed Yibum with a ...
  1. ... Yevamah Ketanah - they grow-up together.
  2. ... Yevamah Gedolah - he grows-up with her.
(b) If a Yevamah claims within thirty days that the Yavam did not yet perform Yibum with her, we force the Yavam to perform Chalitzah. Despite the fact that she is believed during that period, we do not give him the option of performing Yibum - because we are speaking when the Yavam already gave her a Get (which will be explained later).

(c) We believe her in the first place - because of the Chazakah that a man will not refrain from Bi'ah for more than thirty days.

(d) Should she make the same claim *after* thirty days - she is not believed. Nevertheless, we ask him to perform Chalitzah with her, since, having said that the Yavam did not perform Yibum with her, she becomes forbidden to marry le'Shuk, due to the principle 'Shavya Anafshah Chatichah de'Isurah' (meaning that whenever a person makes a statement forbidding something on himself, even though we know the it to be incorrect, he is believed as if he had made a Neder to that effect).

(a) We force him to perform Chalitzah even after twelve months - if he admits that he did not yet perform Yibum.

(b) If a woman makes a Neder during her husband's life-time not to have any benefit from her Yavam, then, when her husband dies, we force the Yavam to perform Chalitzah with her. We will only request this of him, but not force him - if she either made the Neder after her husband's death or if we know that she specifically made the Neder in order to avoid having to make Yibum with him.

(a) According to Rebbi Meir, a Katan or a Ketanah is forbidden to perform Yibum with the Yavam or the Yevamah respectively - in case he turns out to be a Saris or she, an Aylonis.

(b) We initially try and reconcile Rebbi Meir with our Mishnah, which permits a Katan who performed Yibum with a Ketanah to remain with her - by differentiating between a Gedolah to a Katan or vice-versa (which Rebbi Meir forbids because one of them is a Gadol)and a Ketanah to a Katan (which our Mishnah permits - because of the principle 'Katan Ochel Neveilos , Ein Beis-Din Metzuvin Alav le'Hafrisho'.

(c) We then try and reconcile his opinion with the Seifa, which even permits a Yavam who performed Yibum with a *Gedolah* to remain with her - on the grounds that the Mishnah only permits this Bedieved, whereas Rebbi Meir speaks Lechatchilah.

(d) We reject this contention however - on the grounds that the Tana says 'Tegadlenu', implying that they are permitted to continue living together as husband and wife (something which Rebbi Meir will certainly permit, since every Bi'ah is Asur, in his opinion).

(a) We ask why the Yibum of a Katan with a Gedolah should not be forbidden because he cannot have children, and the Torah writes "Lehakim le'Achiv Sheim" (see Maharsha). Abaye answers the Kashya by citing the Pasuk "Yevamah Yavo Alehah" - which teaches us that any Bi'ah is permitted (and does not need to be a Bi'ah which can produce children).

(b) Rava tries to answer the Kashya with the S'vara - that who has ever heard of something that is forbidden now and will be permitted later?

(c) He bases his S'vara on a statement of Rav Yehudah Amar Rav - who says that any Yevamah who is unfit to perform Yibum at the time when she falls to Yibum, is, to all intents and purposes, considered Eishes Achiv, and forbidden. Similarly, if a Katan would be forbidden at the time when he falls to Yibum, how could he possibly become permitted later?

(d) Rava finally answer the Kashya (from "Lehakim le'Achiv Sheim") from the Pasuk "Ki Yeishvu Achim Yachdav" - which precludes a brother who *was not yet born*, but clearly includes one who *was* (even if he is only one day old).

(a) According to Rebbi Meir, up to thirty days a man is believed with Ta'anas Besulim - the claim that his wife was not a Besulah when he married her, in which case, she loses her Kesubah.

(b) According to Rebbi Yossi - if they made Bi'ah, then he must make his claim immediately, if he is to be believed; and if they did not, then even after many years he will still be believed.

(c) Rabah reconciles Rebbi Yossi with our Mishnah that gives a thirty day leeway before one is not believed - by establishing Rebbi Yossi by a woman with whom he was betrothed, and with whom, by the time they arrive at the time of their wedding, he is already familiar; whereas our Mishnah speaks about a Yevamah, with whom he still feels embarrassment. There, even Rebbi Yossi will agree that a leeway of thirty days is required.

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