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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 20

1) According to Rebbi Shimon, Eishes Achiv she'Lo Hayah be'Olamo who was born after the second brother performed Yibum, is permitted, because he found her be'Heter when he was born.
Why do we say that S'vara here, and not by his maternal sister, whose paternal brother married her before he was born, and who now falls to Yibum?


(a) What is an ...
  1. ... Isur Mitzvah?
  2. ... Isur Kedushah?
(b) What is the Halachic difference between an Isur Ervah on the one hand, and an Isur Mitzvah and Isur Kedushah on the other (regarding Yibum)?
(a) 'Almanah le'Kohen Gadol, Gerushah va'Chalutzah le'Kohen Hedyot'.
How is it possible for a Gerushah to fall to her husband's brother who is a Kohen, to Yibum?

(b) Was an Isur also performed in the case of Almanah le'Kohen Gadol?

(c) Which other cases of Chayvei La'avin are listed in our Mishnah?

(d) From where do we learn that Chayvei La'avin fall to Yibum in the first place, seeing as they are forbidden to perform Yibum?

(a) The Mishnah opens with the words 'K'lal Amru bi'Yevamah, Kol she'Isurah Isur Ervah'. Rafram bar Papa explains that this comes to include Tzaras Aylonis in the Din of Isur Ervah, like Rav Asi above (12a).
How do others quote Rafram?

(b) What does our Mishnah mean when it says 'Achosah she'Hi Yevimtah, Choletzes O Misyabemes'? Why must the Tana be referring to the sister of Isur Ervah (at the beginning of the Mishnah), and not to the sister of Isur Mitzvah (which precedes it)?

(c) Why does the Tana refer to ...

  1. ... Sh'niyos as 'Isur Mitzvah'?
  2. ... Almanah le'Kohen Gadol etc. as 'Isur Kedushah'?
(d) Rebbi Yehudah in a Beraisa switches the descriptions.
According to him, why does the Tana refer to ...
  1. ... Almanah le'Kohen Gadol etc. as 'Isur Mitzvah'?
  2. ... Sh'niyos as 'Isur Kedushah'?
5) What is wrong with saying that, according to Rebbi Yehudah, Isur Sh'niyos are referred to as 'Isur Kedushah' because anyone who fulfills the words of the Chachamim is called 'holy'?


(a) An Almanah le'Kohen Gadol incorporates both the La'av of "Almanah Lo Yikach" and an Asei.
What is the Asei?

(b) What is then the problem with the presumption that we are talking about both an Almanah who was *married* who fell to the Kohen Gadol, and one who was only *betrothed*?

(c) How do we initially resolve this from the superfluous word "ve'Alsah *Yevimto* ha'Sha'arah"?

(d) And from where do we know that this D'rashah does not incorporate Chayvei Kareis?

Answers to questions



(a) On what grounds do we include Chayvei La'avin (from "Yevimto") for Chalitzah only, but preclude Chayvei Kareis (from "Im Lo Yachpotz")?

(b) If a Yavam performs Yibum with a Chayvei La'avin, does he acquire her (according to our current theory)? Is her Tzarah now free to marry le'Shuk?

(c) In that case, how does Rava explain the Beraisa 'Isur Mitzvah ve'Isur Kedushah *Ba Alehah* O Chalatz Lah, Nifterah Tzarasah'?

(d) What does the Beraisa say with regard to a P'tzu'a Daka, a K'rus Shafchah or a S'ris Chamah (all of whom are forbidden by a La'av to marry a Kasher Jewess) that repudiates the current theory (that Chayvei La'avin cannot perform Yibum mi'd'Oraysa from "Yevimto")?

(a) What does the Tana of the Beraisa mean when he says with regard to the aforementioned Chayvei La'avin 'O Choltzin O Meyabmin'?

(b) Why does the Tana include a Zakein in the list? Is he also among the Chayvei La'avin?

(c) The Tana also adds that Ma'amar, a Get and Chalitzah are all effective. In what way is a Get effective on a Yevamah? Does it allow her to marry le'Shuk?

(d) Is he permitted to remain with the Yevamah, if he performed Yibum ...

  1. ... with Chayvei La'avin?
  2. ... with a Zakein?
(a) We now see from the Beraisa that Chayvei La'avin are also subject to Yibum min ha'Torah. According to Rava's initial contention, Chayvei La'avin may perform Yibum, and Almanah le'Kohen Gadol is different, because there is also an Asei.
Which Asei?

(b) Why can we not preclude Mamzeres and Nesinah from Yibum because they too, are included in the Asei of "ve'Hiskadishtem" in Shemini?

(a) According to Rava's next contention (that Chazal forbade certain cases of Chayvei La'avin because of a decree), why can the following not perform Yibum:
  1. ... Almanah min ha'Eirusin?
  2. ... Mamzeres u'Nesinah?
(b) According to that, why do we not decree ...
  1. ... the wife of his paternal brother on account of his maternal brother?
  2. ... a woman who does *not* have children on account of one who *does*?
  3. ... the wife of a brother who *lived* at the same time as the Yavam, on accouont of one who did *not*?
  4. ... all women who can have children on account of an Aylonis?
(c) What is the discrepancy between what we just said and the fact that a Mamzeres and Nesinah le'Yisrael cannot make Yibum?
(a) What reason does Rava finally give for Chayvei La'avin's preclusion from Yibum?

(b) Rava retracts however from this (in spite of a Beraisa which supports him), due to a statement made by Resh Lakish (though others ascribe this Kashya to Rav Ashi).
Which statement?

(c) What alternative does the Yavam have here (that makes Yibum comparable to Resh Lakish's ruling)?

(d) How is Rava's Kashya rejected from the Beraisa 'Im Ba'alu, Kanu'?

(a) Rebbi Yochanan and Rebbi Elazar argue over whether the Yibum performed by a Kohen Gadol on his Yevamah who is an Almanah exempts her Tzarah from Yibum.
Which kind of Almanah are they arguing over? What is the basis of their Machlokes?

(b) The Beraisa of 'Im Ba'alu, Kanu' proves that Chayvei La'avin are in fact, subject to Yibum min ha'Torah.
Why does it not also prove Resh Lakish (who says that whenever one has the fulfilling the Asei without negating the La'av, one is obligated to do so) wrong? Why do we not force the Yavam to perform Chalitzah?

Answers to questions

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