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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 40


(a) What does the Reisha of the Beraisa (whose Seifa we just discussed) mean, when it says that the Minchah was first permitted, then became forbidden?

(b) How will Rava (who learned the Seifa of the Beraisa like the Rabbanan of Aba Shaul (that it is a Mitzvah to perform Yibum as opposed to Chalitzah) explain the conclusion of the Reisha 'Talmud Lomar "Matzos Tei'achel be'Makom Kadosh", Mitzvah'?

(c) On what grounds do we reject the suggestion 'Ratzah Ochlah, Ratzah Einah Ochlah'?

(d) What problem do we have in explaining the Reisha according to Rav Yitzchak bar Avdimi (who learns that 'Talmud Lomar, Mitzvah' in the Seifa [regarding Yibum], means 'le'Mitzvah', like Aba Shaul)?

(a) Why can we not explain the Reisha according to Aba Shaul, to mean ...
  1. ... 'Ratzah le'Tei'avon Ochlah, Ratzah, Achilah Gasah, Ochlah'?
  2. ... 'Ratzah Chametz Ochlah, Ratzah, Matzah Ochlah'?
(b) From where do we know that ...
  1. ... even the portion of the Minchah that is eaten by the Kohanim must be eaten as Matzah, and not as Chametz?
  2. ... someone who eats on a full stomach on Yom Kipur is Patur?
(c) And why do we initially reject the suggestion that the Tana means to say 'Ratzah Matzah Ochlah, Ratzah Chalut Ochlah'? What is 'Chalut'?
(a) We finally explain the Reisha (in the context of 'Ratzah Matzah Ochlah, Ratzah Chalut Ochlah') - see Tosfos DH 'Shanah'.
What does the Tana come to preclude? Is Chalut considered Matzah or not?

(b) Then in which respect did Chazal say that Chalut is considered Matzah?

(a) The Mishnah teaches us that the brother who performs Chalitzah receives an equal portion to his brothers in the deceased brother's inheritance. Why might we have thought otherwise?

(b) Why can the Tana not be coming to preclude from the notion that the Choletz might be the sole heir, as if he had performed Yibum?

(c) In which case will the brothers receive nothing at all?

(d) The Tana Kama maintains that the brother who performs Yibum is the sole heir even if their father is still alive.
What does Rebbi Yehudah say?

(a) Which principle governs the Din in our Mishnah that, if the father is still alive, he inherits?

(b) What do we learn from the Pasuk "Yakum al-sheim Achiv"?

(c) Many Amora'im rule like Rebbi Yehudah in our Mishnah (that the father even takes precedence over the brother who performed Yibum).
How does he learn this from "ve'Hayah ha'B'chor Asher Teiled"?

(d) How do we know that the Pasuk is not also telling us that, like a Bechor, the brother who performed Yibum takes a double portion after his father's death?

(a) According to Rebbi Yehudah, why do we not then learn from the Pasuk "(ve'Hayah ha'Bechor") that, where there is a father, and the Yavam does not inherit his brother, he does not perform Yibum either?

(b) What did Rebbi Yanai tell Rebbi Chanina Kara, when he quoted to him that the Halachah is like Rebbi Yehudah?

(c) And what did Rav Nachman comment to the Beraisa expert when he quoted a Beraisa 'Ein Halachah ke'Rebbi Yehudah"?

(d) What did he subsequently tell the Beraisa expert, when he offered to remove it from his Beraisos?

Answers to questions



(a) Which category of relations of the Chalutzah become Asur to the Chalutz, and vice-versa, after he has performed Chalitzah? Is this mi'd'Oraysa or mi'de'Rabbanan?

(b) Besides his wife's sister, which six relatives of the Chalutzah that are forbidden to the Chalutz (three up and three down) does our Mishnah list? In which way are they more stringent than his wife's sister?

(c) Are the brothers of the Chalutz included in the prohibition?

(d) The Tana lists Aviv and Avi Aviv, B'no and Ben B'no, Achiv and ben Achiv who are forbidden to the Chalutzah. Aviv is forbidden on account of Kalaso, and B'no on account of Eishes Av.
What is the Isur on account of which they decreed ...

  1. ... Avi Aviv?
  2. ... Ben Achiv?
(a) A man is permitted to marry 'K'rovas Tzaras Chalutzaso.
Is he also allowed to marry 'Tzaras K'rovas Chalutzaso?

(b) We ask whether Chazal decreed the Sh'niyos by Chalutzah or not.
Why might they not have done so?

(c) Why can we not resolve, from the fact that the Tana included Imah and Eim Imah, but not Eim Eim Imah, that they did not decree Sh'niyos?

(d) It would have been possible, we conclude, both to mention Eim Eim Imah and to state that the brothers are permitted, and still to avoid the problem.
How is that?

(a) We try to resolve the She'eilah from the fact that the Tana mentions ...
1. ... Avi Aviv, (Kalas B'no) which is a Sh'niyah.
How do we refute this proof?
2. ... Ben B'no, who is Eishes Avi Aviv.
On what grounds do we reject the suggestion that she is Asur because she is a Sh'niyah of her deceased husband?
(b) To avoid proving that they did decree Sh'ni'yos by Chalutzah, how will Ameimar then have to explain 'Ben B'no'?

(c) Why is this not the same as 'Achiv u'Ben Achiv' which is already mentioned in the Mishnah?

(a) Rebbi Chiya quotes a Beraisa which lists four relations d'Oraysa by Chalutzah, and four de'Rabbanan. The four d'Oraysa are Aviv, u'B'no, Achiv u'Ben Achiv.
What are the four relations de'Rabbanan?

(b) What is the Isur of 'Achiv'?

(c) We have already explained above that Avi Aviv can refer, not to the Chalutz, but to the first husband.
How will we explain 'Avi Imo', in order to avoid proving that they decreed Sh'niyos by Chalutzah?

(d) Why can Ameimar not establish Ben B'no in Rebbi Chiya's Beraisa by the son's son of the Chalutzah's husband (because of Eishes Achi Avi Aviv)? How *does* he establish it?

(a) What is the relationship between the Chalutzah and Ben Bito of ...
  1. ... the Choletz?
  2. ... her first husband?
(b) Why can we not then explain that 'Ben Bito' is forbidden because she is Eishes Achi Avi Imo of her first husband?

(c) So did Chazal decree Sh'niyos by Chalutzah or not?

(a) Rav Tuvi bar Kisna Amar Shmuel says that the baby from Tzaras Chalutzaso is a Mamzer.
Why is that?

(b) How does Rav Yosef try to prove Shmuel's Din from our Mishnah, which permits Tzaras K'rovas Chalutzaso?

(c) This proof however, leaves us with a Kashya on Rebbi Yochanan.
What Kashya? What does Rebbi Yochanan say?

(d) How does Rebbi Yochanan counter this by pointing out that we are dealing with Tzaras *Chalutzaso*?

13) So why did Chazal decree on Tzaras Achos Chalutzaso, and not on Achos Tzaras Chalutzaso?

Answers to questions

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