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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 109


(a) How does Eifah initially explain Rebbi Elazar who forbids Yibum with a woman whose husband divorced her and took her back?

(b) On what basis do we reject his suggestion that, if that is so, she should not require Chalitzah either?

(c) Eifah is therefore at a loss to understand Rebbi Elazar's opinion. According to Abaye, Rebbi Elazar has a Safek.
Which Safek?

(d) According to Rava, the prohibition (to perform Yibum) itself is a decree because, although everyone knows about the divorce, not everyone knows about the fact that he took her back.
How does he get round the Kashya that it ought to be the opposite i.e. most people would know that they are now living together, but not necessarily about their previous divorce?

(a) According to Rav Ashi, Rebbi Elazar decrees the previous cases in our Mishnah on account of a Yesomah be'Chayei ha'Av.
How do we prove this answer from the fact that the Tana inserts a Yesomah be'Chayei ha'Av in the Seifa?

(b) In the Beraisa, the Chachamim agree with Rebbi Elazar (that the Yavam may not perform Yibum with her) when the father married off his daughter when she was a Ketanah and her husband divorced her and took her back when she was still a Ketanah and died.
What do they say in a case where he took her back when she was already a Gedolah?

(c) Under which circumstances will they even agree with Rebbi Elazar if he took her back when she was still a Ketanah?

(d) How do we prove from this Beraisa that Rav Ashi's explanation (in a.) is the authentic one? How do we know that Rebbi Elazar (who says in the Seifa 'Choletzes ve'Lo Misyabemes') bases his opinion on Yesomah be'Chayei ha'Av?

(a) Rava asked Rav Nachman whether, according to Rebbi Elazar, the Yavam may perform Yibum with the Ketanah's Tzarah.
What did he reply?

(b) What is wrong with the Beraisa which states 'Hi ve'Tzarasah Choletzes'?

(c) How do we initially amend it?

(d) Why is this not a disproof for Rav Nachman's reply to Rava, who holds (in a.) that the Tzarah may even perform Yibum?

(a) If two brothers are married to two sisters ...
1. ... who are Yesomos Ketanos, and one of them dies, what happens to his wife?
2. ... one a Gedolah, and one a Ketanah, who are both Charashos (Rashi does not appear to have this word in his text), if the husband of the Ketanah dies?
(b) If the husband of the Gedolah dies, Rebbi Eliezer maintains that we teach the Ketanah to make Miy'un, so that the Yavam can perform Yibum with the Gedolah. On which principle is his ruling based?
(a) Raban Gamliel disagrees with Rebbi Eliezer.
What does *he* say?

(b) Why does he disagree with Rebbi Eliezer?

(c) Why can the Gedolah not perform Chalitzah immediately?

(d) Rebbi Yehoshua bemoans the unfortunate fate of both women, because, in his opinion, the man's wife goes out with a Get and his Yevamah with Chalitzah.
Since he holds 'Yesh Zikah', like Rebbi Eliezer, why does he disagree with his ruling?

(a) Bar Kapara quoting a Beraisa, advises that one sticks to three things and keeps well away from three others. The three things that one should ...
1. ... stick to are Chalitzah and making peace between warring parties. What is the third?
2. ... keep away from are Miy'un and Pikdonos (accepting to look after other people's articles).
What is the third?
(b) The advice to keep well away from Miy'un seems to conform with Rebbi Yehoshua in our Mishnah. How do we reconcile it even with Rebbi Eliezer?

(c) Bar Kapara's advice regarding ...

1... Chalitzah is based on the opinion of Aba Shaul. What does Aba Shaul say?
2. ... making peace is based on the Pasuk in Tehilim "Bakesh Shalom ve'Radfeihu". What does Rebbi Avahu learn from the 'Gezeirah-Shavah' from the Pasuk in Mishlei "Rodef Tzedakah va'Chesed, Yimtza Chayim Tzedakah ve'Chavod"? How does that tie up with a Beraisa that we quote every morning in Shachris?
Answers to questions



(a) 'be'Hafaras Nedarim ke'Rebbi Nasan'.
How does Rebbi Nasan consider someone who ...
  1. ... makes a Neder?
  2. ... someone who fulfills it (rather than having it rescinded)?
(b) Having made the Neder, why should he be made to rescind it?

(c) Why should one keep one's distance from Miy'un?

(d) And why should one keep one's distance from Pikdonos? Whose articles are we talking about?

(a) ... 'and from acting as a guarantor for a loan'. This applies specifically to Arvei Sheltzi'on.
What are 'Arvei Sheltzi'on'?

(b) This may be the name of a place. It might also be the acronym of 'Sh'lof Dutz'.
What does 'Sh'lof Dutz' mean?

(c) This is, in fact, one of the three things which Rebbi Yitzchak extrapolates from the Pasuk in Mishlei "Ra Yaro'a Ki Areiv Zar". Zarim also pertains to Geirim.
What did Rebbi Chelbo say about Geirim (to which this Pasuk hints)?

(a) The third thing to which the Pasuk hints is 'ha'Tokei'a Atzmo li'D'var Halachah'. Rebbi Yossi explains 'Kol ha'Omer Ein Lo Torah, Ein Lo Torah'. This statement is so obvious that it is unacceptable. How do we initially amend it?

(b) But that too, is obvious. So we amend it further to conform with Rav Papa's interpretation of the Pasuk in Va'eschanan "ve'Limad'tem va'Asisem". What does Rav Papa extrapolate from there?

(c) What is now the correct version of Rebbi Yossi's statement?

(d) Alternatively, we accept the first amendment ('Kol ha'Omer Ein Lo Ela Torah ... ').
How do we now interpret it? What is the case?

(a) A third explanation of 'ha'Tokei'a Atzmo li'D'var Halachah' pertains to a Dayan.
What is the case?

(b) Based on the Pasuk in Shir ha'Shirim "Hinei Mitaso she'li'Sh'lomoh Shishim Giborim Saviv Lah .... *mi'Pachad ba'Leilos"*, what does Rebbi Shmuel bar Nachmeini Amar Rebbi Yonasan say about a Dayan?

(c) Who are the "Giborim" mentioned there?

(a) According to Raban Gamliel in our Mishnah, when the Ketanah grows-up, the Yevamah goes out without even the need to perform Chalitzah. Rebbi Elazar asked Rav what his reason is: One of the options is that the Kidushin 'grows with the Ketanah'.
What does this mean?

(b) What is the other option?

(c) Rav replied that the latter explanation was the correct one.
What did Rav Sheishes comment on Rav's reply?

(a) How did Rav Sheishes interpret the Beraisa 'ha'Mekadesh es ha'Ketanah, Kidushehah T'luyin'?

(b) And how did Ravin B'rei de'Rav Nachman reconcile Rav with the Beraisa? How does *he* interpret it?

(c) What does the girl mean when she declares 'He is better than me, but I am better than him'?

Answers to questions

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