REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
Two brothers are married to two sisters who are orphans, and one is a Ketanah and the other is a deaf mute. If the husband of the Ketanah dies, the brother must divorce his wife. (1)
If the husband of the deaf mute dies, the brother must divorce his wife, and the deaf mute is forbidden forever. (2)
Rebbi Nechemyah: A Bi'ah Pesulah exempts from Chalitzah.
Two orphaned girls fall to Yibum. One is a Ketanah and the other is a deaf mute. If the brother first does Yibum with the Ketanah and then with the deaf mute, both become forbidden to him. (3)
Two Ketanos fall to Yibum from one brother. If, after the Yavam does Yibum with one of them, he does Yibum with second, the first one is still permitted to him.
A Ketanah and a deaf mute fall to Yibum from one brother. If, after the Yavam does Yibum with the Ketanah, he does Yibum with the deaf mute, the Ketanah is prohibited to him. (4)
An ordinary woman and a deaf mute fall to Yibum from one brother. If, after the Yavam does Yibum with the ordinary woman, he does Yibum with the deaf mute, the regular woman is not prohibited to him. (5)
A Gedolah and a Ketanah fall to Yibum from one brother. If, after the Yavam does Yibum with the Gedolah, he does Yibum with the Ketanah, the Gedolah is not prohibited to him. (6)
If a Yavam who is a Katan does Yibum, he cannot divorce the Yevamah until he becomes a Gadol.
If, within thirty days of her marriage to the Yavam, the Yevamah says that they did not yet do Bi'ah, we force the Yavam to do Chalitzah. (7)
If the Yavam admits that they did not do Bi'ah, even if they have been married for twelve months we force him to do Chalitzah.
If a Yevamah vows -- while still married to her husband -- not to benefit from the Yavam, we force the Yavam to do Chalitzah. (8)
Rebbi Meir: A Katan or Ketanah may not do Yibum. (9)
Rebbi Meir: A person may make the claim that his wife was not a Besulah up to thirty days after the marriage. (10)
A BIT MORE
1. When the Ketanah becomes a Gedolah, he must do Chalitzah with her. His wife is forbidden to him because the Zikah of the Ketanah prohibits his wife, since he does not have a complete Kinyan on his wife, and the Kinyan of a Ketanah may be a complete Kinyan.
2. A Chalitzah with a deaf mute is not valid. He must divorce his wife because the Kinyan that he has with his wife is only a Safek Kinyan, since she is a Ketanah. Therefore, the Zikah of the deaf mute prohibits his wife.
3. He must divorce the deaf mute, and when the Ketanah becomes a Gedolah he must do Chalitzah with her.
4. If the Yavam did Yibum with the deaf mute and then did Yibum with the Ketanah, the deaf mute is prohibited to him.
5. If the Yavam did Yibum with the deaf mute and then did Yibum with the ordinary woman, the deaf mute is prohibited to him.
6. If the Yavam did Yibum with the Ketanah and then did Yibum with the Gedolah, the Ketanah is not prohibited to him. Rerbbi Elazar says that we encourage the Ketanah to do Mi'un so that he can do Yibum with the Gedolah.
7. A Get is not enough, because we believe the Yevamah when she says that they did not yet do Bi'ah, and thus she is still a Shomeres Yavam and Chalitzah is required. However, if they were already married for thirty days, we do not believe her that they did not do Bi'ah, because the Yavam cannot refrain for a period of thirty days. However, since she claims that they did not do Bi'ah, she is forbidden to get married without Chalitzah since, according to her claim, she is forbidden. Therefore, we request that the Yavam do Chalitzah for her sake, but we do not force him, since he is believed that they did Bi'ah.
8. If the vow was made after the death of her husband, we do not force him to do Chalitzah. If the Yevamah vowed while still married to her husband and her intention was to prohibit herself to the Yavam, we do not force him to do Chalitzah.
9. This is because of the concern that when they become Gedolim, they will be found to be a Saris or an Ailonis, in which case the Mitzvah of Yibum did not apply, and they transgressed the Isur of Eshes Ach.
10. Rebbi Yosi says that if they were in seclusion together, the husband is believed to say she was not a Besulah only if he made the claim immediately. If they were not yet in seclusion, there is no time limit to the claim.
|
BRIEF INSIGHT
THE EMBARRASSMENT OF CHALITZAH
If the Yavam and Yevamah were already married for thirty days and the Yevamah claims that they did not yet do Bi'ah, she is not believed. However, since she claims that they did do Bi'ah, she is forbidden to get married without Chalitzah. Therefore, we request that the Yavam do Chalitzah for her sake, but we do not force him because he is believed that they did do Bi'ah. Tosfos asks, why do we not force the Yavam to do Chalitzah so that the Yevamah will be permitted to get remarried? What does he have to lose by doing Chalitzah? Tosfos answers that we do not force him because Chalitzah is an embarrassment for him, because she spits in his face.
QUICK HALACHAH
THE YIBUM OF A KETANAH
If a Yavam who is a Katan does Yibum with a Ketanah, they should grow up together. If the Yavam wants to divorce his Yevamah, he may not do so until she becomes a Gedolah, because the Get of a Katan is not valid. (Shulchan Aruch EH 167:5)
|
Next Daf
Index to Revach for Maseches Yevamos
|
