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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 38


(a) What does each one claim in the case where the property of the father falls before ...
  1. ... the Safek and the Yavam?
  2. ... the Safek and the Yavam's two sons?
(b) What will be the Din ...
  1. ... in the former case?
  2. .. in the latter case?
(c) What makes the Yavam in the former case more of a Vaday than the Safek in Rav Mesharshaya's case on the previous Amud, where he is an heir mi'Mah Nafshach (either of the dead brother or of the Yavam)?

(d) And what will be the Din if the Safek dies, and the Yavam's father and the Yavam each claim to be the father of the Safek, or if the Yavam dies, and the father claims that the Safek is *his* son, and not eligible to receive the inheritance of the Yavam, whereas the Safek claims that he is the Yavam's son (and therefore the sole heir)?

(a) What does the Tana say about a Shomeres Yavam who received property from her father? What is a Shomeres Yavam?

(b) What are 'Nechasim ha'Nichnasim ve'ha'Yotzin Imah'? Why is called by this name?

(c) According to Beis Shamai, if a Shomeres Yavam dies, her father and the Yavam divide her Nechsei mi'Lug.
Why is that?

(d) Who inherits her Kesubah?

(a) Beis Hillel say 'Nechasim be'Chezkasan'.
What does that mean with regard to ...
  1. ... her Kesubah?
  2. ... her Nechsei mi'Lug?
(b) What status does a Yevamah have after the Yibum has taken place?

(c) Out of whose estate is her Kesubah paid?

(a) How does Ula reconcile the Reisha of our Mishnah, where Beis Shamai agree that the property that she inherits from her father belong to her, and the Seifa, where, after she dies, Beis Shamai does not place her property in the possession of her heirs?

(b) According to Beis Shamai, a betrothed girl is permitted to sell her inheritance.
What do Beis Hillel say?

(c) What do they hold vis-a-vis property that she inherited after she gets married?

(a) How does Ula consider the Zikah of ...
  1. ... an Arusah?
  2. ... a Nesu'ah?
(b) How do we now correlate the Din of Vaday Arusah and Zikas Arusah according to ...
  1. ... Beis Shamai?
  2. ... Beis Hillel?
(c) And how will we explain their Machlokes in the Seifa, where Beis Shamai say Yachloku, and Beis Hillel, Nechasim be'Chezkasan, according to Ula?

(d) Why is there no Chazakah on the Nechsei mi'Lug, according to Beis Shamai?

Answers to questions



(a) On what grounds does Rabah reject Ula's explanation? What, in his opinion, should Beis Shamai and Beis Hillel have argued over, according to Ula (rather than the actual fields after the Yevamah's death)?

(b) So he establishes even the Reisha by a Yevamah who was married when she fell to Yibum.
What does he hold with regard to Zikas Nesu'ah?

(c) The difference between the Reisha and the Seifa, in his opinion, is that in the Reisha, she is alive, whereas in the Seifa, she is not.
How does that explain why ...

  1. ... in the Reisha, she is permitted to sell?
  2. ... in the Seifa, Beis Shamai say 'Yachloku'?
  3. ... and Beis Hillel say 'Nechasim be'Chezkasan'?
(a) According to Beis Hillel in a Mishnah in Bava Basra, if a house fell on a man and his father (or on a man and someone whose heir he is), and the wife claims her Kesubah or his creditors, their debt, the property retains its Chazakah. Who is the counter-claimant here? What does each side claim?

(b) What is the problem? Why can the claimant not just take from the son's property?

(c) What do Beis Shamai say?

(d) Considering that the claimant only has a Sh'tar, and the father is Muchzak in his property, how do we reconcile this with what we just learned above, that Beis Shamai agree that a Safek cannot take away from a Vaday?

(a) How do we prove that Beis Shamai holds 'Sh'tar ha'Omed li'Gavos, ke'Gavuy Dami' from the Mishnah in Sotah, which discusses the Din regarding whether a Sotah whose husband died before she drank the water, receives her Kesubah or not? What do Beis Shamai say there?

(b) Beis Hillel say 'O Shosos O Lo Notlos Kesubah'.
What is obviously wrong with this statement?

(c) How do we amend it?

(d) Why did Abaye, who asked the initial contradiction in Beis Shamai (from the Mishnah in Bava Basra - see 6d.), not ask from the Mishnah in Sotah?

(a) We ask why Abaye did not pose the same Kashya from our Mishnah, where Beis Shamai says 'Yachloku', in spite of the fact that (if not for 'Sh'tar ha'Omed li'Gavos ... '), it would be a case of Safek Motzi mi'Yedei Vaday' (the heirs of her father from the Yavam).
But did we not just explain that Abaye conceded that Kesubah was different?

(b) What does Rav Ashi prove from the Lashon of the Mishnah ('Yachloku Yorshei ha'Ba'al im Yorshei ha'Av').

(c) But did we not just say that, in the opinion of Beis Shamai, 'Sh'tar ha'Omed lei'Gavos, ke'Gavuy Dami'?

(a) Abaye disagrees with Rabah's interpretation of our Mishnah. According to him, there is no difference whether the Yevamah is alive or dead; as long as she inherited it whilst she was a Yevamah, the property is in her Chazakah whilst she is alive, and in her father's heirs Chazakah after she dies.
So how does Abaye explain the Seifa, where Beis Shamai holds 'Yachloku'?

(b) And what is Beis Hillel's reason for saying 'Nechasim be'Chezkasan'?

(c) What will be the Din in the Reisha, according to Abaye, if the Shomeres Yavam were to die? Who would inherit her Nechsei mi'Lug?s

Answers to questions

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