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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Yevamos 119

YEVAMOS 116-119 - have been sponsored through the generous contribution of Mr. Uri Wolfson and family


(a) If they told a woman whose husband and Tzarah went overseas, that her husband had died, what would she need to ascertain before being permitted to marry or to perform Yibum?

(b) Why would she not be similarly obligated to desist from marrying if her mother-in-law too, went overseas, on the basis of the possibility that she had born a son, and that she (the daughter-in-law) was therefore now obligated to perform Yibum?

(c) If however, her mother-in-law left pregnant, then, according to Rebbi Eliezer, she must wait until she finds out whether she is now Chayav Yibum or not.
What does Rebbi Yehoshua say?

(d) Why, in the Reisha of the Mishnah, does the Tana use the expression 'ad she'Teida Shema Me'uberes *Hi* Tzarasah'?

(a) We learned in our Mishnah that a woman whose husband and Tzarah went overseas, and who was informed that her husband had died, is forbidden to marry or to perform Yibum. The latter is forbidden, in case her Tzarah had born a baby.
What is the problem with the prohibition to marry?

(b) We therefore establish our Mishnah like Rebbi Meir.
What does Rebbi Meir say?

(c) We try to establish the Mishnah even like the Rabbanan, who follow the Rov (majority), but not *that* sort of Rov.
What does this mean? According to this contention, when *do* they follow the majority, and when do they *not*?

(a) We refute the contention that the Rabbanan make a distinction between the two above-mentioned types of Rov, on the basis of a Beraisa regarding a Katan and Ketanah.
What does Rebbi Meir say there?

(b) Why do the Rabbanan concede to Rebbi Meir that a Katan cannot perform Chalitzah?

(c) Why can a Ketanah cannot perform Chalitzah either?

(d) What is Rebbi Meir's reason for forbidding Yibum? Why do the Rabbanan disagree with him?

(a) So we establish Rebbi Meir as the author of our Mishnah. What is then the problem with the Seifa, which permits the woman to marry, in the case when her mother-in-law too, went overseas? Why is the suspicion that she may have born a son (a Yavam) not a Mi'uta de'Mi'uta, because of the added possibility that maybe she did not bear a child at all?

(b) We try to answer that, due to the Chazakah that she is permitted le'Shuk, Rebbi Meir will also not contend with the fact that she may have born a boy (a Mi'ut).
On what grounds do we refute that that answer?

(c) Rabah bar Rav Huna replies that in the Reisha, which is an Isur Kareis (Eishes Ish), Chazal were strict; whereas in the Seifa, where it is only a La'av, they were lenient.
On what grounds does Rava reject this answer?

Answers to questions



(a) What is stronger, a Rov or a Chazakah?

(b) How does this help us to establish the Reisha, which forbids her to the Yavam?

(c) Seeing as there is a Rov, why is she then forbidden to get married?

(d) Still using the criteria of Rov and Chazakah, why, in the Seifa, is she permitted to marry le'Shuk?

(a) We learned in our Mishnah that if her Tzarah went overseas too, she is forbidden both to marry and to perform Yibum. If she heard that her husband had died, would she be permitted to marry immediately, if her Tzarah had not gone overseas?

(b) According to Ze'iri, when her Tzarah did go overseas, she has to wait nine months before performing Chalitzah.
Why is that?

(a) Rebbi Chanina maintains that she is forbidden forever.
What does forever mean?

(b) Why can she not perform Chalitzah after nine months and get married, and, when they discover that her Tzarah did have a baby that survived, let them announce that her Chalitzah is invalid?

(c) We learned in the previous Mishnah, that if a woman returns from overseas with the news that she had a baby there, and that her husband died first and then her son, she requires Chalitzah, after which she may remarry. Why does that Mishnah pose a Kashya on Rebbi Chanina?

(d) Rav Papa establishes that Mishnah by a woman who is divorced anyway. How does Rav Chiya B'rei de'Rav Huna establish it?

(a) What will be the Din if two sisters are married to two brothers, and each one testifies that her husband died?

(b) What will be the Din if, in addition to the two testimonies ..

  1. ... witnesses testify, that one of the husbands did indeed die?
  2. ... one of the two women has children?
(c) According to the Tana Kama, if they performed Yibum (with two other brothers who had not gone overseas), and the Yevamin subsequently died, the original prohibition to marry le'Shuk remains in full force (until adequate proof of both deaths is established).
What does Rebbi Elazar say?

(d) What will be the Din if one of the women has children in addition to the witnesses who testify that her husband died?

(a) We learned in our Mishnah that Rebbi Elazar permits the two women to marry, if they performed Yibum, and the two Yevamin subsequently died. However, we are uncertain of his reason. It might be because the Yibum that each one performed constitutes sufficient evidence that her husband really did die.
What is the other possibility?

(b) What is the difference between the two explanations?

Answers to questions

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