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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 108

YEVAMOS 108 - generously sponsored by Mr. Morris Smith of Yerushalayim


(a) Is there any difference whether the Ketanah declares that she no longer wishes to live with her husband or whether she declares that she no longer wishes to maintain the Kidushin that her mother and brothers initiated on her behalf?

(b) According to Rebbi Yehudah, Miy'un is effective even if she makes her declaration whilst sitting in the carriage on the way to the Chupah.
What does he say about a declaration that she makes to her guests?

(c) He even goes so far as to validate a declaration that she makes to a storekeeper from whom she is collecting an article belonging to her husband. What is the Chidush there?

(a) According to Rebbi Chanina ben Antignos, a Ketanah who is unable to look after her Kidushin does not even require Miy'un.
Is the Halachah like him?

(b) According to Rebbi Yehudah ben Beseira, if a Ketanah marries another man, there is no bigger Miy'un than this. We query whether he also says that if she only accepts Kidushin from him. What is the outcome of this She'eilah?

(c) The B'nei Yeshivah asked whether the Rabbanan argue with Rebbi Yehudah ben Beseira or not.
Which other three She'eilos follow this one?

(d) What do we conclude?

(a) What did the daughters-in-law of Avdan say to the two Rabbanim who came to ascertain whether they still wished to make Miy'un or whether they had retracted from their original intention of doing so?

(b) What did Rebbi rule in that case?

(c) What do we try to prove from there?

(d) We reject that proof however, on the grounds that there is no proof that they really *were* married.
What is the Halachah? Will all of the above types of Miy'un be effective even if they were *married* to their husband?

(a) Rebbi Eliezer compares Ketanah who was married off by her mother and brothers to a Mefutah (a woman who has been seduced): Her husband may take neither what she finds nor what she produces, nor may he nullify her vows. In which other two regards (connected with her death) does he not have the Din of a married man?

(b) It is only with regard to the need to make Miy'un, that he is considered married to her, according to Rebbi Eliezer.
What does Rebbi Yehoshua say?

(c) Rav Yehudah Amar Shmuel is impressed with Rebbi Eliezer's opinion. Rebbi too, prefers it to that of Rebbi Yehoshua.
What is the problem with Rebbi Yehoshua's opinion?

(d) Why is there no problem with the fact that Rebbi Eliezer requires even Miy'un?

(a) Rebbi Eliezer ben Ya'akov in our Mishnah states 'Kol Akavah she'Hi min ha'Ish, ke'Ilu Hi Ishto; ve'Chol Akavah she'Eino min ha'Ish, Ke'ilu Eino Ishto'.
How does Rav Yehudah Amar Shmuel explain this?

(b) According to Abaye bar Avin 'Akavah she'Hi min ha'Ish' refers to when her husband gave her a Get, and 'Akavah she'Eino min ha'Ish', to when she performed Miy'un.
In which three regards does this distinction manifest itself?

(c) How will Abaye bar Ravin explain the fact that this exact distinction appears in the very next Mishnah? Why does the Tana see fit to repeat it?

(a) Is a Ketanah's first husband permitted to remarry her, if ...
  1. ... after he divorces her and takes her back, she makes Miy'un, and someone else marries her and dies or divorces her?
  2. ... after she makes Miy'un with him, he takes her back and divorces her, someone else marries her and dies or divorces her?
(b) Which principle governs this Halachah?

(c) What does the Tana say in a case where she makes Miy'un with her first husband, she marries again and her second husband divorces her, she marries again and makes Miy'un with him, and a fourth husband divorces her?

Answers to questions



(a) We see from the Reisha (where, as long the last time the Ketanah leaves her husband, it is through Miy'un, she is permitted to return to him after marrying someone else), that Miy'un negates all previous Gitin.
How does the Seifa of the Mishnah appear to contradict the Reisha?

(b) According to Shmuel, this is a Machlokes Tana'im.
How does Rava resolve the Seifa with the Reisha?

(c) What is the S'vara for this distinction? Why were Chazal afraid when it is with a *second* husband that she made Miy'un, but not when it is with the same husband who had previously given her a Get (or who did not)?

(a) What do we infer from the Reisha itself which, speaking about a girl who made Miy'un, remarried and whose husband then divorced her, concludes 'Nis'eis le'Acher ve'nis'Armelah O nis'Garshah, Asurah Lachzor Lo'?

(b) How does this negate what we just wrote? In which was are we now faced with a discrepancy between the Reisha and the Seifa of our Mishnah?

(c) Rebbi Elazar now replies what Shmuel replied earlier ('Tavra, Mi she'Shanah Zu Lo Shanah Zu').
How does Ula establish the Seifa in order to reconcile it with the Reisha?

(a) What incident does Rav Yehudah Amar Rav cite to explain the Pasuk in Eichah "Meimeinu be'Kesef Shasinu ... "?

(b) What joint ruling did Rebbi Akiva issue from prison and Rebbi Yehudah ben Beseira from Netzivin, according to Rav?

(c) What did Rebbi Yishmael b'Rebbi Yossi comment on Rav's testimony?

(d) Which Tana'im are now involved in the Machlokes Tana'im of which Rebbi Elazar just spoke?

(a) According to Rebbi Yishmael b'Rebbi Yossi, the She'eilah that they asked Rebbi Akiva in prison and Rebbi Yehudah ben Beseira in Netzivin concerned the case of someone whose paternal brother married his mother's brother's ex-wife.
Why did Chazal declare a mother's brother's wife a Sh'niy'ah?

(b) What She'eilah did they ask Rebbi Akiva and Rebbi Yehudah ben Beseira, according to Rebbi Yishmael b'Rebbi Yossi?

(c) What did they rule?

(a) We learned earlier that Rav forbids a girl who made Miy'un with her second husband to return to a previous husband from whom she was divorced. What concession does Rav Yitzchak bar Ashi'an quote in his name?

(b) What is the reason for this?

(c) Why is it not obvious, seeing as the S'vara that she recognizes his signs and might be lured back to him, does not apply to his brother?

(d) What does Rav Yitzchak bar Ashi'an say in the second Lashon?

(a) According to the Tana Kama, someone who divorces his wife and takes her back, is permitted to the Yavam when her husband dies.
Why might we have thought otherwise?

(b) What does Rebbi Elazar say?

(c) Do Rebbi Elazar and the Chachamim also argue in the case of a girl whose mother and brothers married her off and whose husband divorced her and took her back?

(a) What is the case of a girl who is like a 'Yesomah be'Chayei ha'Av'?

(b) Why do the Rabbanan agree with Rebbi Elazar in this case, that she *is* forbidden to the Yavam?

Answers to questions

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