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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 39

1) Rava disagrees with Abaye.
What will he hold in a case when the Yevamah inherited the property whilst she was married? In what point does he explain Beis Hillel differently than Abaye?


(a) Rava therefore establishes even the Seifa of our Mishnah when the Yevamah inherited the property when she was a Shomeres Yavam.
Then why do Beis Shamai rule 'Yachloku'?

(b) In what regard does Rava hold that, according to Beis Shamai, Ma'amar makes a Yevamah sa Vaday Arusah?

(c) Rebbi Elazar was quoted as learning like Rava, and Rebbi Yossi b'Rebbi Chanina, like Abaye (though they lived long before them). How do we initially amend this pairing to conform with Rebbi Elazar above (29b.), who said that Ma'amar is only Koneh to push away the Tzarah?

(d) How do we finally pair Rebbi Elazar with Rava, in spite of his earlier statement?

(a) How does Rav Papa support Abaye's interpretation of our Mishnah from the Lashon of 'Nechasim ha'Nichnasim ve'ha'Yotz'in Imah'?

(b) He does concede however, that a Kashya remains on Abaye's explanation from 'Meisah'.
Which Kashya?

(c) What does 've'Su Lo Midi' mean?

(a) Rebbi Yossi b'Rebbi Chanina explains that, when the Tana of our Mishnah says that, after Yibum, the Yevamah becomes the Yavam's wife in all regards, he means that he sends her away by means of a Get, and that he is even permitted to take her back.
Why is it not obvious that if he wishes ...
  1. ... to send her away, he must give her a Get?
  2. ... to take her back, he may?
(b) How do we indeed know that, having performed the Mitzvah of Yibum, once he divorces her, she is not forbidden to him because of Eishes Achiv?

(c) What does the Tana mean when he says that the Yevamah's Kesubah is paid entirely by her first husband? What is the reason for this?

(d) Why did the Rabbanan institute that, if her first husband left no property, she nevertheless receives a Kesubah from the second one?

(a) What do we learn from the Pasuk "ve'Hayah ha'Bechor"?

(b) Should he refuse, one goes to the other brothers.
What if they too, refuse?

(c) What will we do if the oldest brother ...

  1. ... says to wait for a brother who is a Katan who wants to perform Yibum?
  2. ... says to wait for another brother to return from overseas?
  3. ... at home says to wait for the return of the first-born who is overseas? Why is that?
(d) What if the oldest brother pushes her on to a brother who is a Cheresh or a Shoteh (who want to perform Yibum [see Tosfos DH 'u've'Cheresh' - see also Meforshei ha'Mishnah])?
(a) Rebbi Yochanan and Rebbi Yehoshua ben Levi argue over which takes precedence, the Yibum of a Katan or the Chalitzah of a Gadol.
What does 'Katan' mean in this context?

(b) What is the reason for each of the opinions?

(c) How do we try to resolve the She'eilah from the Reisha of our Mishnah 'Lo Ratzah, Machzirin al Kol ha'Achin'?

(d) We refute this, by explaining 'Lo Ratzah' to mean that he does not want to make Chalitzah either.
What problem does this create with the continuation of the Mishnah, 'Lo Ratzu, Chozrin Eitzel Gadol'?

(a) We answer the previous Kashya by saying that since, when all's said and done, the Mitzvah begins with the oldest brother, it also ends with him. Why did we not at first, want to say that?

(b) Why is there no proof (that Chalitzas Gadol is preferable) from the fact that we do not wait for the Katan to grow up (in case he performs Yibum)?

(c) How do we prove this from the Seifa 'u've'Gadol (meaning the B'chor) ad she'Yavo mi'Medinas ha'Yam, Ein Shom'in Lo'?

Answers to questions



(a) According to the second Lashon, both Rebbi Yochanan and Rebbi Yehoshua ben Levi agree that the Yibum of a Katan is preferable to the Chalitzah of a Gadol.
Then what is their dispute?

(b) One of them holds that the Chalitzah of a Gadol is preferable to that of a Katan, because Mitzvah be'Gadol.
What does the other one hold?

(c) How do we try to resolve this She'eilah from our Mishnah 'Lo Ratzu, Chozrin Eitzel Gadol'? What do we think 'Lo Ratzu' means?

(d) We refute this proof by explaining 'Lo Ratzu' to mean that they want to perform neither Yibum or Chalitzah.
Assuming that the Chalitzah of a Gadol is preferable, why, in our Mishnah, do we not wait for the Gadol to come from overseas to perform Chalitzah?

(a) The Mishnah later in the Perek states that the Mitzvah of Yibum takes priority over that of Chalitzah.
Why did Chazal later switch the order of priorities to give Chalitzah precedence?

(b) Rav maintains that, nevertheless, one does not forbid the Yavam from performing Yibum should he so wish.
Does it make any difference whether the woman agrees or not?

(c) When the Yavam and Yevamah came before Rav, he would quote them the Pasuk "Im Lo Yachpotz ha'Ish".
Why? What else did he say to them?

(a) What did Rav Yehudah insert in the Lashon of the Sh'tar Chalitzah, that demonstrates that, he too, holds like Rav?

(b) What did Rebbi Chiya bar Ivya in the name of Rav Yehudah add to the text of the Sh'tar?

(c) What is the meaning of 've'Ishtemod'inhu de'Achuha de'Misna me'Aba Nihu'? What are the two possible interpretations of 've'Ishtemod'inhu'?

(d) Rav Acha and Ravina dispute this point.
Which of the two interpretations is correct?

(a) Rami bar Chama Amar Rav Yitzchak says that nowadays, the Mitzvah of Yibum takes precedence over that of Chalitzah.
How do we resolve Rav Nachman bar Yitzchak's Kashya 'Achshur Dari'? Why did Chazal really switch the order of priorities again?

(b) What does Aba Shaul say?

(a) What does the Tana of the Beraisa mean when he says that initially, the Yevamah was permitted, then she became forbidden?

(b) The Beraisa concludes 'Yachol Tachzor le'Heteirah ha'Rishon, Talmud Lomar "Yevamah Yavo Alehah", Mitzvah'.
How does Rav Yitzchak bar Avdimi establish this according to Aba Shaul?

(c) Rava establishes the Beraisa even like the Chachamim.
How does he explain the Beraisa's conclusion? In which point does he disagree with Rav Yitzchak bar Avdimi?

(d) On what grounds do we refute the Gemara's initial contention (that 'Mitzvah' comes to preclude from 'Ratzah Konsah, Raztah Eino Konsah', like it was before she married his brother)?

Answers to questions

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