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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 112

YEVAMOS 112 (PURIM!) - has been dedicated towards a Refu'ah Shelemah to Freyda Chana bas Esther, by the Tavin family.


(a) We already explained in the Mishnah that, if the Yevamah claims that the Yavam did not yet perform Yibum with her within thirty days , we force the Yavam to perform Chalitzah without the option of Yibum, because the Tana is speaking when she produces a Get from him.
What sort of Get do we initially assume this to be?

(b) In a Beraisa, the Tana rules that if within thirty days, the Yevamah claims that the Yavam did not perform Yibum with her, we force him to perform Chalitzah.
What will be the Din if, after thirty days, *she* claims that he did ...

  1. ... perform Yibum and *he* claims that he did not?
  2. ... not perform Yibum and he claims that he did? Why does she need Chalitzah too?
(c) Will it make any difference if he later changes his mind and agrees that he did not really perform Yibum?

(d) It appears from the Seifa that the Tana is speaking when the Yavam has not yet given her a Get. In that case, based on what we just learned (that, within thirty days, if she does not yet have a Get, we give the Yavam the option of performing Yibum). How does Rebbi Ami then amend the Seifa of the Beraisa, in order to explain why the Tana says in the Reisha that we force him to perform Chalitzah?

(a) Rav Ashi leaves the Beraisa intact.
How does he explain Rav's statement 'be'she'Gitah Yotzei mi'Tachas Yado'?

(b) In view of this, how does he now explain 'Tzarich Get va'Chalitzah' in the Seifa of the Beraisa?

(c) How does 'af-al-Pi she'Chozar ve'Amar Lo Ba'alti' now have different connotations than it did according to Rebbi Ami?

(a) A Yavam and Yevamah came before Rava, both admitting that, although thirty days had passed, Yibum had not been performed. Rava instructed them to perform Chalitzah.
What detail must be added to the case?

(b) What objection did Rav Sh'ravya raise with Rava's ruling?

(c) Did Rava accept Rav Sh'ravya's objection?

(d) Hon, Rav Nachman's son, asked his father whether the Yevamah's Tzarah is permitted to marry after thirty days (seeing as we force the Yavam to perform Chalitzah).
What did he reply?

(a) The Mishnah in Nedarim states that initially, three women were entitled to demand a Get, and that they also received their Kesubah: 'Temei'ah Ani Lach'; 'ha'Shamayim Beini le'Veinach'; 'Netulah Ani min ha'Yehudim'.
To what sort of man must the woman who says 'Temei'ah Ani Lach' have been married? Why does she not lose her Kesubah?

(b) What is the meaning of ...

  1. ... 'ha'Shamayim Beini le'Veinach'?
  2. ... 'Netulah Ani min ha'Yehudim'?
(c) When they saw, however, that women were abusing this Halachah, they changed it. What did they subsequently rule with regard to a woman who says ...
  1. ... 'Temei'ah Ani Lach'?
  2. ... 'ha'Shamayim Beini le'Veinach'?
  3. ... 'Netulah Ani min ha'Yehudim'?
(a) The B'nei Yeshivah asked whether 'Netulah Ani min ha'Yehudim' will be forbidden to the Yavam after her husband's death.
Why should the Yavam be different than anybody else?

(b) Rav rules that the Yavam is not included in her Neder.
What does Shmuel say?

Answers to questions



(a) How does Abaye prove Rav's opinion (that the woman does not have the Yavam in mind when she says 'Netulah Ani min ha'Yehudim') from our Mishnah 'ha'Noderes Hana'ah mi'Yevamah be'Chayei Ba'alah, Kofin Oso she'Yachlotz'? What ought the Tana to have said according to Shmuel?

(b) We challenge Abaye's proof by establishing the Mishnah by a woman who has children.
How would that effectively refute it?

(c) How, based on the Seifa ('Im Niskavnah le'Kach, Afilu be'Chayei Ba'alah, Mevakshin Mimenu she'Yachlotz Lah'), do we refute the challenge, to finally prove Rav correct?

***** Hadran Alach Beis Shamai *****

***** Perek Cheresh *****


(a) The Tana states that if a Cheresh marries a Pikachas or vice-versa, he may either remain with her or divorce her, as he chooses.
What is the significance of the statement that follows 'Keshem she'Hu Koneis bi'R'mizah, Kach Hu Motzi bi'R'mizah'?

(b) Why may a Pikei'ach divorce his wife who became a Chareshes, whereas a Pikei'ach who became a Cheresh may not divorce his wife?

(c) What problem does Rebbi Yochanan ben Nuri have with this?

(d) The Rabbanan prove their point from Rebbi Yochanan ben Gudgoda. What does he say with regard to a Chareshes whose father married her off? What is the status of such a marriage?

(a) How do we infer from our Mishnah that the marriage of a Cheresh and of a Chareshes is valid (albeit mi'de'Rabbanan), whereas that of a Shoteh and of a Shotah is not?

(b) Rami bar Chama gave a good reason why the Rabbanan instituted marriage for the former but not for the latter.
What did he say?

(c) Seeing as the Rabbanan instituted marriage for a Cheresh and a Chareshes, why did they not institute marriage for a Katan?

(d) Then why did they institute marriage for a Ketanah, who, like a Katan, is destined to become a Gedolah?

Answers to questions

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