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Yevamos 44

YEVAMOS 44 (6 Shevat) - l'Iluy Nishmas Moras Keila Bas Ha'chover Moshe Mordechai A"H, by Joseph Hoch of Flushing, NY.


(a) What does the Tana of our Mishnah mean when he says 'Arba'ah Achin Nesu'in Arba'ah Nashim, u'Meisu ... '? If all four of them die, then who is left to perform Yibum?

(b) What do we learn from the Pasuk (in the Parshah of Chalitzah) ...

  1. ... "ve'Kar'u Lo Ziknei Iyro"?
  2. ... "ve'Dibru Eilav"?
(c) This creates a problem with our Mishnah, which speaks about the Yavam performing Yibum with four Yevamos. Why do Beis-Din not advise the Yavam here too, to allow the other brothers to take three of the four, and to just perform Yibum with one of them, to avoid bringing strife (and poverty) into his home, by having more wives to sustain than he can afford?

(d) Why does the Tana talk specifically about *four* Yevamos?

(a) What do we learn from the Pasuk ...
  1. ... "Asher Lo Yivneh *es Beis* Achiv"?
  2. ... *"Beis* Chalutz ha'Na'al"?
(b) And from where do we know that if two Yevamos fall to Yibum from one house, that, should the Yavam perform Yibum with one, he is not obligated to perform Chalitzah with the other?

(c) Why did the Rabbanan not decree that he *should*?

(a) We try to reject the suggestion that when two Yevamos fall from one house, they are both Patur from Yibum, because if they were, then why would we need a Pasuk to exempt a Tzaras Ervah from Yibum.
On what grounds do we refute this?

(b) So from where do we know that they are not both Patur?

(c) What important lesson did Rebbi teach us in our Mishnah, in obligating the Yavam to perform Chalitzah with the Yevamah who is Pasul?

(a) Rebbi Akiva says that someone who is Machzir Gerushaso (who takes back his divorcee after she has been married to somebody else) and who marries the woman with whom he performed Chalitzah or her relative, must give her a Get, and if they have a child, he is a Mamzer.
Why is the child a Mamzer?

(b) What do the Chachamim say?

(c) In which case do even the Chachamim agree that the child is a Mamzer?

(a) Why do we think that Rebbi Akiva could not have really included the relation of his Chalutzah in his list? So what did he really say?

(b) What proof do we initially bring for this from the Chachamin in the Seifa of our Mishnah?

(c) Who is the Chachamim?

(d) How do we know that the Tana of our Mishnah does not quote the Chachamim merely to inform us that ...

  1. ... 'Yesh Mamzer mei'Chyvei K'risus'?
  2. ... the Halachah is like Rebbi Shimon ha'Teimani?
(a) On what grounds so we finally refute our initial proof (that according to Rebbi Akiva, K'rovas Chalutzaso is only mi'de'Rabbanan, and he really means K'rovas Gerushaso) because if Rebbi Akiva did not mention K'rovas Gerushaso, why would the Rabbanan mention it? Why might the Rabbanan mention K'rovas Gerushaso even if Rebbi Akiva did not?

(b) That being the case, Rebbi Akiva actually considers the child of a Chalutz and Chalutzah a Mamzer.
What is his source for that?

(c) According to the initial quotation of Rav Yosef Amar Rebbi Shimon bar Rebbi, everyone agrees that if a man is Machzir Gerushaso, she is Pasul li'Kehunah like a Chalal.
Who does 'everyone' refer to? What is he coming to teach us?

(d) How does he learn this from a 'Kal va'Chomer' from an Almanah?

Answers to questions



(a) We just learned that Rebbi Shimon ha'Teimani learns from Almanah that, although a child born from Chayvei La'avin is not a Mamzer, he is Pasul li'Kehunah.
What Kashya can we ask on the Limud from Almanah?

(b) Why does a Machzir Gerushaso not render his wife Pasul li'Kehunah?

(c) If she is the daughter of a Kohen, does she become Pasul to eat Terumah?

(d) And what can we infer from the Pasuk in Ki Seitzei (by Machzir Gerushaso) "Hi To'eivah" that clashes with Rav Yosef Amar Rebbi Shimon b'Rebbi?

(a) In another Beraisa, Rebbi Akiva, listing the Dinim of Chayvei La'avin, writes that the woman is Pesulah li'Kehunah.
Why is that?

(b) The Chachamim who argue with Rebbi Akiva say that Kidushin is effective on Chayvei La'avin and she requires a Get from him, and that she is Kasher and so is her child. On what grounds do we initially contend that the latter point is a disproof to Rav Yosef Amar Rebbi Shimon b'Rebbi?

(c) We answer that the 'Kasher' means *Kasher le'Kahal* (but not li'Kehunah).
How do we reconcile this with the statement immediately preceding it ('that *she* is Kasher), which can only mean *'li'Kehunah'* (since it is obvious that she is Kasher le'Kahal)?

(d) How do we prove from the Reisha (Rebbi Akiva's statement) that 'Hi Pesulah u'V'ladah Pesulah' do not follow the same pattern?

(a) We just refuted the first of the three Kashyos against Rav Yosef Amar Rebbi Shimon b'Rebbi.
How do we refute the second Kashya (from the inference from "To'eivah Hi")?

(b) What do we do with the first Kashya ('Mah le'Almanah, she'Kein Hi Atzmah Mischaleles')?

(a) So we amend Rav Yosef Amar Rebbi Shimon b'Rebbi. His statement now pertains to Rebbi Yehoshua.
What does Rebbi Yehoshua say (about the child of Chayvei K'risus)?

(b) How does the new text of Rav Yosef Amar Rebbi Shimon b'Rebbi's statement read?

(c) What 'Kal va'Chomer' does he now learn from Almanah?

(d) Why can we not ask on this like we asked before (that an Almanah is different, since she herself becomes profaned)?

Answers to questions

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