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Kollel Iyun Hadaf, Jerusalem

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Yevamos 110


(a) According to Rav, if a Ketanah does not make Miy'un but, after growing-up with her husband, she marries someone else, she does not require a get from the second husband.
What does Shmuel say?

(b) According to Rav's interpretation of Raban Gamliel (that it is only after she becomes a Gedolah and performs Bi'ah, that the Kidushin of a Ketanah becomes established), this dispute must be speaking in a case when the first husband performed Bi'ah with her after she grew-up.
What is the problem with explaining their Machlokes like this?

(c) How *do* we establish Shmuel? What is his reason?

(a) According to Rav (in K'suvos), if a man betroths a woman on condition that she did *not make any Nedarim*, and after marrying her S'tam (without any mention of the previous condition), he discovers that she *did*, she requires a Get. Why is that?

(b) According to Shmuel, she does not require a Get from him.
Why not?

(c) Rav and Shmuel seem to argue over the same issue twice. Having taught us ...

1. ... *here* (by 'Ketanah she'Lo Mi'anah ... ') that the Bi'ah is considered a new Kidushin, why did Rav find it necessary to repeat it *there* (in the case of 'T'nai')?
2. ... *there* Kol ha'Bo'el al-Da'as Kidushin ha'Rishonim Hu Bo'el, why does Shmuel find it necessary to repeat it *here*?
(a) What happened in Neresh with that Ketanah who was betrothed to a man by her mother and brothers? How did Rav B'runa and Rav Chananel, disciples of Rav), rule in that case?

(b) What does 've'Osvei a'Bei Kursaya' mean, and what do we assume it to imply, presenting us with a Kashya on Rav, who we saw earlier, requires specifically Bi'ah in order to become betrothed when she grows-up (and not just Chupah)?

(c) How does Rav Papa reconcile this ruling of Rav B'runa and Rav Chananel, Rav's disciples, with Rav himself?

(d) How does Rav Ashi explain their ruling even according to the regular Minhag for Chupah to precede Bi'ah?

(a) According to Rav Ashi's explanation, if the second man betrothed her with money, what Chazal did was to use their power of 'Hefker Beis-Din Hefker' to nullify his Kidushin by declaring the money that he gave her Hefker.
But how could they possibly have nullified his Kidushin if he betrothed her with Bi'ah, Ravina asked Rav Ashi? What did he reply?

(b) Like whom is the Halachah (in our Mishnah), like Rebbi Eliezer (who holds 'Melamdin ha'Ketanah la'Ma'ein'), Raban Gamliel (who holds 'Im Mi'anah, Mi'anah ... ') or Rebbi Yehoshua ('Ei Lo al Ishto, Ei Lo al Eishes Achiv ... ')?

(a) If a man who is married to two Yesomos who are either both Ketanos or both Charashos, dies, the Bi'ah or Chalitzah of one of them exempts the other.
What will be the Din if one of them is ...
  1. ... a Ketanah and the other, a Chareshes?
  2. ... a normal woman, and the other, a Chareshes, or if one of them is a Gedolah and the other, a Ketanah?
(b) We learned above (in Perek Mitzvas Chalitzah) that the Chalitzah of a Cheresh and of a Chareshes is not valid. Rav Gidal Amar Rav therefore restricts any mention of Chareshes in our Mishnah to Bi'ah. What distinction does Rabah make to reconcile the two Mishnah's?

(c) Why, according to Rabah, is the Chalitzah of a Chareshes who was ...

  1. ... originally healthy, invalid?
  2. ... born a Chareshes, valid?
(a) The Mishnah in Cheresh cites a case of two brothers, one, a Pikei'ach, who marries a woman who is also a Pikachas; the other, a Cheresh, who married a Chareshes.
What must ...
  1. ... the Pikei'ach do, should his brother die and he does not wish to live with his Yevamah?
  2. ... the Cheresh, should he find himself in the same situation?
(b) What kind of Cheresh must the Tana talking about, according to Rabah?
Answers to questions



(a) In a second case in the Mishnah in Cheresh, the Tana speaks about two Pikchim who are married to a Chareshes and a Pikachas. Here too, the Pikei'ach has no choice should his brother die. If he does not wish to live with his Yevamah, he has to perform Yibum with her and then give her a Get. What options are open to the *Pikei'ach* who is married to the Chareshes, should *his* brother die, and he wants to perform either Yibum or Chalitzah?

(b) What do we try to prove from the contention that, just like the Yavam was a Pikei'ach from birth, so too, must the Yevamah (Chareshes) have been a Chareshes from birth?

(c) How do we refute this proof?

(a) What does the Tana say there in a case when two brothers (a Pikei'ach and a Cheresh) married two sisters (a Pikachas and a Chareshes), if ...
  1. ... the Cheresh married to the Chareshes, dies?
  2. ... the Pikei'ach married to the Pikachas, dies?
(b) Why can this Mishnah not be speaking about a man who became a Cheresh only after he was born?

(c) We then go on to compare the sisters to the brothers, and the previous case (where the women were not sisters) to this case, to say that they all cases speak when they were born Charashim, leaving us with a Kashya on Rabah.
Why can we not ask on Rabah directly from the case of when the Pikei'ach married the Pikachas dies, from the fact that the Cheresh Me'ikara cannot perform Chalitzah?

(a) Considering that a man can divorce his wife even against her will, why can he not divorce a wife who is a Shotah?

(b) Does this decree also extend to a wife who became a Chareshes?

(a) How does Rav Yosef reject the Kashya on Rabah from the comparison of the sisters to the brothers, and the previous case (where the women were not sisters) to the sisters, to say that they all speak when they were born Charashim?

(b) He asks from an earlier section of that Mishnah.
What does the Tana say ...

  1. ... when two brothers Charashim married two sisters, irrespective of what the women were?
  2. ... when two brothers Charashim married two Nochri'os, irrespective of what the women were?
(c) In the case of the sisters, will the same apply in the reverse case (if the sisters were both Charashos and the men were any combination of Pikei'ach and Cheresh)?

(d) From this Mishnah, Rav Yosef finally refutes Rabah's distinction between a born Cheresh and one who became a Cheresh (seeing as they are not permitted to perform Chalitzah). How does Rav Yosef know that the Tana is speaking about men and women who were born Charashim?

(a) Rav Nachman found Rav Ada bar Ahavah and Rav Chana his son-in-law gathering Talmidim in the public-square of Pumbedisa.
What else might 'ka'Makvu Akvasa' mean?

(b) They established our Mishnah which rules that the Bi'ah of a Ketanah and a Chareshes do not exempt each other, speaks when their deceased husband was a Pikei'ach.
What is then the Tana's S'vara?

(c) What would the Din be if he was a Cheresh?

(a) Rav Nachman disagrees with Rav Ada bar Ahavah and Rav Chana his son-in-law.
What does *he* say?

(b) We ask what they would then have to do.
Why can they not both perform Chalitzah?

(c) Then let him perform Bi'ah with the Chareshes and Chalitzah with the Ketanah when she grows-up?

(d) What does Rav Chisda Amar Rav rule that he should do?

(a) Rav Chisda extrapolates from Rav's ruling that, in his opinion, the Kinyan on a Chareshes is a partial one, whereas the Kinyan on a Ketanah is a Safek; either he acquires her completely or not at all.
Why could he not hold ...
  1. ... that both are a partial Kinyan?
  2. ... that both are a Safek?
  3. ... the other way round (that the Kinyan on a Chareshes is a Safek; whether he acquires her completely or not at all, whereas the Kinyan on a Ketanah is a partial one)?
(b) Seeing as the Ketanah is a Safek, why can he not perform Yibum with her immediately (if she is a Yevamah, he acquires her now, and if she is not, he will acquire her when she grows-up)?

(c) The Tana of our Mishnah states that if he made Bi'ah, first with the Ketanah, then with the Chareshes, he invalidates the Ketanah.
Why is that (seeing as he made Yibum with her first, she is either his Yevamah, [in which case she may remain with him], or a stranger [in which case she is now his wife])?

Answers to questions

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