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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 41

YEVAMOS 41 (3 Shevat) - has been dedicated by Zvi and Tamarah Sand of Har Nof, Yerushalayim, in memory of Tamarah's grandfather, Chanan (ben Chaim) Bromberg, on his Yahrzeit.


(a) If the brother of someone who performed Chalitzah marries the Chalutzah's sister and dies, why may the Chalutz not perform Yibum with her when he dies?

(b) What is the difference between a case where his brother married Achos Chalutzaso and where he married Achos Gerushaso? Why is that?

(a) According to Rebbi Yehudah ben Beseira, what does one tell the brother who betrothed the sister of his brother's Shomeres Yavam? Why may he not marry her immediately?

(b) What happens to the ...

  1. ... betrothed sister, if the brother performs Yibum or Chalitzah with the Yevamah?
  2. ... the betrothed sister, if the Yevamah dies?
  3. ... two sisters, if the (sole) Yavam dies?
(c) Seeing as Achos Chalutzah is obligated to perform Chalitzah, whereas Achos Gerushah is not, why does the Tana (Rebbi) say 've'Chein'? What is he coming to teach us?

(d) Shmuel rules like Rebbi Yehudah ben Beseira.
What does this mean with regard to the She'eilah of 'Yesh Zikah' or 'Ein Zikah'?

(a) On what basis do Rav and Rav Ivya both permit the Yavam of Rebbi Yehudah ben Beseira to perform Yibum with the Yevamah if her sister (his betrothed) died?

(b) And why do Shmuel and Rav Asi forbid it?

(c) Rav Hamnuna asked on Rav from the Mishnah on 29a. where the Ba'alas Ma'amar, who had been permitted to her Yavam when her husband died, but who became forbidden when her sister's husband (the Yavam's brother) died, and who became permitted again when the sister died. Rava remained silent. He might have established that Beraisa like Rebbi Elazar.
What does Rebbi Elazar say? Why did he decline to answer the Kashya, by establishing the Beraisa like him?

(d) Rav later changed his mind, and did indeed establish the Beraisa like Rebbi Elazar.
What did Rebbi Elazar say in another Beraisa (with regard to a case of Mekadesh Achos Yevimto) that prompted him to do that?

4) It appears that Shmuel and Rav Asi hold like Rebbi Elazar.
Is it possible to establish them like the Rabbanan?


(a) A Yevamah is forbidden to perform Chalitzah or Yibum until three months after her husband's death.
If a man dies, is one permitted to betroth his wife or to marry her within three months of his death?

(b) According to the Tana Kama, does it make any difference whether the woman is a Besulah, a Be'ulah, divorced, widowed, or whether she was married or betrothed?

(c) Rebbi Yehudah permits married women to become betrothed and betrothed ones to marry.
What is the one exception?

(d) In which point does Rebbi Yossi disagree with Rebbi Yehudah?

Answers to questions



(a) The Yevamah is forbidden to perform Yibum within three months of her husband's death, because the baby might live, in which case the Yavam will have contravened the Isur of Eishes Achiv.
But why should he not perform Chalitzah? Is this another disproof to Rebbi Yochanan, who holds 'Chalitzas Me'uberes Sh'mah Chalitzah?

(b) What is the point of trying to reconcile Rebbi Yochanan with our Mishnah, seeing as he has already been disproved once?

(c) And how about a Yevamah who was already divorced before marrying the Yavam's brother (in which case, she is forbidden to marry a Kohen anyway)? Why does she have to wait?

(a) We ask on Rebbi Yochanan from a divorcee who was only *betrothed* to the Yavam's brother (and who does not receive sustenance anyway), and we answer that our Mishnah holds like Rebbi Yossi.
What did Rebbi Yossi say to that man who wanted to perform Chalitzah within the three months of his brother's death?

(b) Why does Rebbi Yossi's ruling not pose a Kashya on Rebbi Yochanan?

(a) When the Tana of another Beraisa writes 'Kol ha'S'feikos Choltzos ve'Lo Misyabmos', why can he not be referring to a case of Safek Kidushin?

(b) So he must be referring to one of Kideish Echad mi'Sh'tei Achyos.
How will we now reconcile this Beraisa with Rebbi Yossi, who just taught us that whoever cannot perform Yibum, cannot perform Chalitzah either?

(c) How do we prove this from a Yevamah Ketanah?

(d) And how will we then explain all the cases where Chazal ruled 'Choletzes ve'Lo Misyabemes', such as Achos Chalutzaso?

(a) For the first three months, the Tana of the Beraisa teaches us, a Yevamah is sustained out of her deceased husband's estate.
What happens after that?

(b) Under which circumstances is she sustained out of the Yavam's estate?

(c) Why did Chazal differentiate between an ordinary widow, who is sustained from her deceased husband's estate until she remarries, and a Yevamah, who is only sustained for three months?

(d) If the Yevamah falls before a Yavam Katan, Rav Acha and Ravina argue whether she should be sustained beyond the three month period or not. We rule that she is not.
Why is that?

Answers to questions

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