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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 23

YEVAMOS 22 & 23 - dedicated by Mrs. G. Turkel (Zurich/New York/Jerusalem), may she have a full and speedy recovery!


(a) We suggest that, according to Rebbi Yossi b'Rebbi Yehudah, "Ervas bas Eishes Avicha" comes to preclude Chayvei La'avin, teaching us that Kidushin will not be effective on Chayvei La'avin. We refute this contention however, on the basis of the Pasuk in Ki Seitzei "*Ki Siheyenah* le'Ish Sh'tei Nashim, *ha'Achas Ahuvah, ve'ha'Achas Senu'ah* ... ".
What do we learn from there?

(b) How do we learn that even a sister from Chayvei *Kares* is subject to incest, from the Pasuk "Ervas Achoscha ... Moledes Bayis O Moledes Chutz"?

(c) How do we know to include a sister from Chayvei Kares and to exclude one from a Shifchah or a Nochris, seeing as Kidushin is not effective on either of the mothers?

(d) Why do we not include the latter, seeing as Kidushin *will* take effect on her mother after she converts and preclude the former, which will *not*?

(a) What do the Rabbanan learn from the Pasuk in Mishpatim "ha'Ishah vi'Yeladehah Tihyeh la'Adonehah"?

(b) What does Rebbi Yossi b'Rebbi Yehudah do with that Pasuk?

(c) Having told us that Kidushin is not effective by ...

  1. ... Shifchah, why does the Torah find it necessary to tell us the same thing by a Nochris?
  2. ... a Nochris, why does the Torah find it necessary to tell us the same thing by a Shifchah?
(d) From where do the Rabbanan then learn that Kidushin is not effective on a Nochris?
(a) What does Ravina extrapolate from the Pasuk "Ki Yasir es Bincha mei'Acharai"?

(b) There is a Machlokes in ha'Choletz whether the child who is born from the relationship between a Nochri and a Jewess is Kasher or whether he is a Mamzer.
Can we prove that Ravina holds like those who say that he is Kasher?

(c) But the Pasuk "Ki Yasir ... " (which teaches us that a woman's baby is like her) is written by the seven nations. How do we Darshen from "Ki Yasir" that the same applies to the women of other nations? Why must this D'rashah go like Rebbi Shimon?

(d) From where do the Rabbanan of Rebbi Shimon (who need the Pasuk of "Ki Yasir" to teach us that the members of other nations are not so attached to Avodah-Zarah) know that children who are born to their mothers are also like them?

(a) Why, according to Rebbi Shimon, may one take a security from a wealthy widow?

(b) Why do the Rabbanan disagree with him?

Answers to questions



(a) What must someone do if he betrothed one of two women, and he doesn't know which one he betrothed?

(b) Why can he not divorce one of them and remain with the other one?

(c) If he dies (before he managed to divorce them), and he has one brother, that brother must perform Chalitzah with both of them.
What happens if he has two brothers? Why is that permitted?

(a) What happens if two men betrothed two sisters, and neither can remember which one he betrothed?

(b) If each one has a brother, then each brother performs Chalitzah with each of the Yevamos.
What happens (Lechatchilah) if one of them has *one* brother and the other, *two*.

(c) Why can the one brother not perform Yibum with the one Yevamah ...

  1. ... *before* his brother has performed Chalitzah with the other one?
  2. ... *after* performing Chalitzah with the other one?
(a) What will be the Din if each man has two brothers? Why is that?

(b) Why, if the first pair of brothers performed Chalitzah, can the second pair not just perform Yibum, one with each woman?

(c) Then what should they do?

(d) Why, in this case and in all the previous cases where there are two brothers, if both brothers performed Yibum with one of the Yevamos, are they permitted to retain them? Why do we not obligate them to divorce them at once?

(a) What are 'Kidushin she'Ein Mesurin le'Bi'ah'?

(b) Why is there no proof from our Mishnah (from the fact that person who betrothed one two sisters needs to give Get at all) that Kidushin she'Ein Mesurin le'Bi'ah' is not effective?

(c) How is this answer inherent in the Lashon of our Mishnah?

(d) Why does the Tana then need to tell us that someone who betrothed one of two women, and he doesn't know which one he betrothed, must give each woman a Get? Is that not obvious?

(a) The second case, where two men betrothed two sisters, teaches us two things that we did not know from the first one. One of them is that we do not decree, forbidding the second of the two brothers to perform Yibum at all, because of the single brother (who might follow suite).
What is the other Chidush?

(b) The third case, when each of the two deceased men has two brothers, and the first of each pair performs Chalitzah and the second, Yibum, does not seem to be teaching us anything new.
What is the Tana in fact, coming to teach us?

(c) Why is there more reason to decree in this case than in the previous one (when one of the deceased men has only one brother)?

(a) What does the Mishnah in Arba'ah say about two out of four brothers who are married to two sisters, die? What must the two remaining brothers do?

(b) Should they perform Yibum instead of Chalitzah, may they retain their Yevamos or must they divorce them?

(c) Why are they forbidden to remain with their Yevamos, whereas in the last case in our Mishnah, when each of the two brothers performed Yibum without waiting for his brother to perform Chalitzah, they are permitted to remain married to their Yevamos? What is the difference between the two cases if we hold ...

  1. ... 'Yesh Zikah'?
  2. ... 'Ein Zikah'?
(a) Rebbi Shilo quoted a Beraisa that when, in the previous case, the Tana permits the second pair who performed Yibum to remain with their Yevamos, that applies even to Kohanim, despite the fact that the two women are Safek Chalutzos.
Why is that?

(b) What does the Tana of the Beraisa learn from the Pasuk in Emor "*ve'Ishah* Gerushah mei'Ishah Lo Yikachu"?

(c) Then how can we refer to a Chalutzah le'Kohen as an Isur de'Rabbanan?

Answers to questions

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