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Kollel Iyun Hadaf, Jerusalem

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Yevamos 53

YEVAMOS 46-55 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) According to Rav Sh'ravyah, in the case of a Chalitzah Kesheirah, even the Rabbanan will agree that, if the Yavam made Ma'amar with his Chalutzah using the words 'Hiskadshi Li be'Zikas Yabmin', his Kidushin would not be effective.
Why is that?

(b) Then what are Rebbi and the Rabbanan arguing about?

(c) According to Rav Ashi, even Rebbi will agree that Chalitzah Pesulah does not remove the Zikah, and they argue over whether Chalitzah with a stipulation renders the Chalitzah invalid or not.
What is the opinion of ...

  1. ... Rebbi?
  2. ... the Rabbanan?
(a) Ravina holds that both Tana'im agree that 'Yesh T'nai ba'Chalitzah.
Is this ruling unanimously agreed upon by all Tana'im?

(b) In his opinion, they argue about T'nai Kaful.
What is the case?

(c) What is the opinion of ...

  1. ... Rebbi?
  2. ... the Rabbanan?
(a) After listing all the possible cases that follow Chalitzah and those that follow Yibum, our Tana concludes 'Ein Achar Chalitzah K'lum'.
How do Abaye and Rava amend this Lashon? Why do they do that?

(b) Why does our Tana prefer the current text?

(c) The Tana of our Mishnah, who says that, according to the Chachamim of Raban Gamliel, Ma'amar after Ma'amar requires two Gitin, both by one Yevamah and by two Yevamos, does not hold like ben Azai.
What does ben Azai say?

(d) What is the proof from here that negates the other Lashon in ben Azai, reversing his opinion, so that he holds 'Ein Ma'amar Achar Ma'amar bi'Sh'nei Yevamin'?

(a) How do we try to bring support from our Mishnah 'Get la'Zu ve'Chalatz la'Zu ... ' for Shmuel, who says 'Chalatz le'Ba'alas Ma'amar, Lo Nifterah Tzarasah'?

(b) What would Rav Yosef say in a case where a man has two Yevamos, one of whom is a Ba'alas Get? With which one should he perform Chalitzah?

(c) How do we both refute the proof for Shmuel and resolve the Kashya on Rav Yosef in one stroke?

(d) 'Get la'Zu, ve'Get la'Zu, *Tz'richos* Heimenu Chalitzah'.
Why is this not a proof for Rabah bar Rav Huna, who says that when a Yevamah is confronted with a Chalitzah Pesulah, she requires Chalitzah from all the brothers?

(a) What does Rebbi Yochanan say regarding the other brothers vis-a-vis the Chalutzah and the other Tzaros, after one brother has performed Chalitzah?

(b) Why does the Mishnah, which says 'Bein Yavam Echad li'Sh'tei Yevamos, Bein Sh'nei Yevamin li'Sh'tei Yevamos ... ' pose a Kashya on Resh Lakish, who disagrees with Rebbi Yochanan, but not on Rebbi Yochanan?

(c) How does Resh Lakish counter with the Seifa 'Ba'al ve'Asah Ma'amar ... '?

(d) So how does he resolve the fact that the Tana needs to insert the Din by ...

  1. ... two Yevamos and one Yavam?
  2. ... two Yevamin and one Yevamah?
Answers to questions



(a) Why does the Tana of our Mishnah need to insert the case of 'Chalatz ve'Asah Ma'amar ... Ein Achar Chalitzah K'lum'?

(b) And why does he need to insert ...

  1. ... 'Chalatz ve'Nasan Get' (since he is Pasul because of the Chalitzah anyway)?
  2. ... 'Ba'al ve'Asah Ma'amar?
(c) 'Ba'al ve'Nasan Get' is more obviously necessary.
Why is that?
(a) Our Mishnah cited the Machlokes between the Tana Kama, who holds 'Ein Achar Chalitzah K'lum' even if it is in the middle or at the end, but 'Ein Achar Bi'ah K'lum', only if it is at the beginning, and Rebbi Nechemyah, who does not differentiate by Bi'ah either.
What does Aba Yossi ben Yochanan Ish Yerushalayim Amar Rebbi Meir say in a Beraisa?

(b) The Tana Kama decrees Bi'ah after Get because of Bi'ah after Chalitzah, as we explained at the beginning of the Perek.
Why does Rebbi Nechemyah not agree with that?

(c) Aba Yossi holds like the Tana Kama with regard to Bi'ah after Get. Why does he forbid Chalitzah after Get or Ma'amar as well, even though there is no intrinsic reason to forbid it?

***** Hadran Alach Raban Gamliel *****

***** Perek ha'Ba al Yevimto *****


(a) What does the Tana of our Mishnah mean when he says 'ha'Ba al Yevimto Shogeg'? What is considered Shogeg?

(b) Does a Yavam acquire his Yevamah, if ...

  1. ... both of them were Shogegim or Anusim?
  2. ... either he or she was Shogeg or O'nes, whilst the other one performed Yibum for the sake of the Mitzvah?
(c) What are the ramifications of 'Koneh'?
(a) Is there any difference whether the Yavam made Bi'ah or Ha'ara'ah, or whether he performed a natural Bi'ah or an unnatural one?

(b) What other areas of Halachah are affected by this ruling?

(c) What are the affects of a Kohen Gadol who does any of the above with an Almanah, or a Kohen Hedyot with a Gerushah or Chalutzah, if she is ...

  1. ... a bas Yisrael?
  2. ... a bas Kohen (in addition to the above)?
(d) Which case of Bi'as Z'nus does not render the woman a Zonah or a Chalalah, and does not therefore disqualify her from the Kehunah?
10) In what connection does the Tana insert ..
  1. ... 'Mamzeres u'Nesinah le'Yisrael'?
  2. ... 'bas Yisrael le'Mamzer u'le'Nasin'?
(a) The Tana says 'Afilu Hu Shogeg ve'Hi Mezidah ... '.
How do we explain the word 'Afilu', which has no meaning as it stands? What does 'Meizid' mean in this context?

(b) What is wrong with explaining 'O'nes' to mean that he ...

  1. ... was physically forced to perform Bi'ah with the Yevamah?
  2. ... performed Yibum in his sleep?
  3. ... fell from the roof and, quite by chance, he landed on top of his Yevamah and performed Yibum (unintentionally)?
(c) He would however, be Chayav in this case, to pay for four out of the five areas of damage that one is obligated to pay for personal damage. Which four is he Chayav? From which one is he Patur?
(a) What is then the case of O'nes in our Mishnah by which a Yavam acquires his Yevamah?

(b) What is the case of 'Sh'neihem Anusin' of the Beraisa of Rebbi Chiya, where he also acquires her?

Answers to questions

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