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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 18

YEVAMOS 17 & 18 - these Dafim have been sponsored by Joseph Goldberg, of Zichron Yakov, Israel.


(a) What can we infer from the Mishnah in ha'Choletz 'Yevimto she'Meisah Mutar ba'Achosah'?

(b) Is there a proof from there for Rav Yehudah, who says Shomeres Yavam she'Meisah, Asur be'Imah'?

(c) The continuation of the Mishnah 'Asah Bah Ma'amar u'Meis, Sh'niyah Choletzes ve'Lo Misyabemes' implies that, if not for the Ma'amar, the Yavam would even be permitted to perform Yibum with the Tzarah.
How will Rav Yehudah reconcile his view ('Yesh Zikah') with this Mishnah?

(a) The Beraisa rules that if the second brother died before he managed to make Ma'amar with his Yevamah, then the third brother who was born before his death, may perform either Yibum or Chalitzah with his wife.
What does Abaye ask on Rav Yehudah from this Beraisa?

(b) We answer that, according to Rav Yehudah, the author of this Beraisa is Rebbi Meir, who holds 'Ein Zikah' (whereas *he* follows the opinion of the Rabbanan). What problem does saying that Rebbi Meir holds 'Ein Zikah' create from the Mishnah later, where Rebbi Meir himself says that if two out of four brothers who married sisters died, the remaining brothers must perform Chalitzah but not Yibum?

(c) Why *does* he in fact forbid them to perform Yibum, in spite of the fact that he holds 'Ein Zikah'?

(d) Why do we not permit the second brother to perform Yibum with the second sister, if his brother performed Chalitzah with the first one?

(a) The Tana Kama of a Mishnah later says that if two brothers married two sisters, one a Gedolah and one, a Ketanah, and the husband of the Gedolah died, we ask the Ketanah to make Miy'un, because of the Zikah of the Gedolah.
What does Raban Gamliel say?

(b) Why does this present us with a Kashya on our interpretation of Rebbi Meir?

(c) We answer that Rebbi Meir is entitled to disagree with Raban Gamliel. What did the questioner *really* mean to ask?

(d) How do we answer that Kashya?

Answers to questions



(a) What does Rebbi Yehudah ben Beseirah (in a Mishnah in ha'Choletz) say with regard to a Yevamah who has two Yevamin, one of whom betrothed her sister?

(b) What ruling did Shmuel issue in that regard?

(c) What did Abaye say connecting that ruling with the statement of Rav Yehudah with which we are currently dealing?

(d) Rav Yosef asked Abaye how he knew that Rav Yehudah learned this from Shmuel; maybe he learned it from Rav.
What is the problem with saying that, and how did Rav Yosef get round it?

(a) What did Abaye reply to Rav Yosef's query?

(b) Rav Kahana agrees fully with Abaye.
How did he quote Rav Yehudah in a way that proves Abaye right?

(c) Now that Shmuel has ruled ...

  1. ... 'Yesh Zikah', why does he need to rule 'Halachah ke'Rebbi Yehudah ben Beseira'?
  2. ... 'Halachah ke'Rebbi Yehudah ben Beseira', why does he need to rule 'Yesh Zikah'?
(a) Our Mishnah says that if one of two brothers dies and a third brother is born after the second has already performed Yibum, then when the latter dies, both of his wives are Patur from Yibum and Chalitzah, because of Eishes Achiv she'Lo Hayah ba'Olamo and her Tzarah.
What will be the Din if the second brother made Ma'amar with the wife of the first before he died?

(b) Rebbi Shimon says 'Meyabem le'Eizeh Meihen she'Yirtzeh, O Choletz le'Eizeh Meihen she'Yirtzeh'.
With which of the two above cases does Rebbi Shimon disagree, the former or the latter?

(a) What does Rav Oshaya extrapolate from the fact that the Tana finds it necessary to cite the Reisha (the case of 'Nolad ve'Achar-Kach Yibeim' - in the previous Mishnah)?

(b) Why would that not be necessary according to the Rabbanan?

(c) So Why did Rebbi Shimon not state his case immediately in the Reisha?

(d) If that is so, then what are the two possible cases of 'Eishes Achiv she'Lo Hayah be'Olamo' which the Torah forbids?

(a) How do we initially explain Rebbi Shimon's opinion in the Reisha? Seeing as the wife of the first brother was a Shomeres Yavam when the third brother was born, why should she become permitted after the death of the second brother?

(b) The Mishnah in Arba'ah Achin discusses the case of three brothers who marry three non-related women. One of the brothers dies and one makes Ma'amar with her and dies, leaving the two women to the remaining brother. Based on the Pasuk "u'Meis Achad Meihen", what does the Tana Kama hold regarding the obligation of Yibum?

(c) Rebbi Shimon says that he may even perform Yibum, but only with one of them; the second one requires Chalitzah.
Why ...

  1. ... is he not permitted to perform Yibum with the second one?
  2. ... does she require even Chalitzah? Why can she not marry le'Shuk?
(d) What can we extrapolate from there that proves our initial understanding of Rebbi Shimon wrong?
Answers to questions

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