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YEVAMOS 89

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SUMMARY If a woman needs a Get, even if the requirement is only mid'Rabanan, she is Pesulah to Kehunah.   A woman who accepted a Kidushin on the basis of a single witness does not require a Get if it is discovered that her husband is still alive. (1)   The Rabanan instituted the Kesuvah in order to make it more difficult for a husband to divorce his wife.   A woman who remarried on the basis of a single witness does not receive a Kesuvah or any of the benefits of the Kesuvah if it turns out that her husband is still alive. (2)   If a person mistakenly separates Terumah that is Tamei for produce that is Tahor, it is valid.   If a person deliberately separates Terumah that is Tamei for produce that is Tahor, it is not valid. (3)   If Terumah is separated and it is found to be rotten, it is a valid Terumah. However, he must separate Terumah again. (4)   Terumah that is separated from a non-perforated pot for produce that grew in a perforated pot is valid. (5)   Terumah that is separated from a perforated pot for produce that grew in a non-perforated pot is valid. (6)   Terumah that is separated from bad produce for good produce is valid b'Di'eved.   A woman went back to her first husband after marrying another man on the basis of the testimony of a single witness. The child born from that union is a Mamzer mid'Rabanan. (7)   Beis Shamai: A husband inherits his wife who is a Ketanah only after she becomes a Gedolah. Beis Hillel: He inherits his wife even if she dies as a Ketanah. (8)   Beis Din has the right to take away a person's property.   A father inherits his unmarried daughter.   If there is no one around to bury a Mes, it is regarded as a Mes Mitzvah. A BIT MORE 1. This is because we are not concerned that people will say that an Eshes Ish is leaving her husband without a Get, because people will assume that it was a Kidushin based on a condition that was not fulfilled. However, if she had Nisu'in on the basis of the witness, she requires a Get from the second husband if it is discovered that her first husband is alive. The reason is that since she did an Isur, the Rabanan penalize her.   2. She does not receive the Kesuvah from either the first or second husband. This is because the entire basis of the institution of the Kesuvah was to make it more difficult for a husband to divorce his wife, but in this case both husbands are required to give her a Get. She also does not receive the benefits that accompany the Kesuvah, because the benefits of the Kesuvah have the same Dinim as the Kesuvah itself.   3. Rav Chisda: It does not have the status of Terumah at all, and it reverts to being Tevel. Rav Nasan bar Oshiya says that it does have the status of Terumah, but the rest of the produce remains Tevel.   4. The Rabanan penalize him and require him to separate Terumah again. Even though he did not deliberately separate Terumah that is rotten, he was negligent and should have tasted it first by means of separating only a little bit of Terumah at first, and only after tasting it should he have separated the rest of the Terumah.   5. However, he must separate Terumah again.   6. However, the Terumah itself may not be eaten until Terumah and Ma'asros are separated for it from other produce.   7. The child may marry neither a Bas Yisrael nor a Mamzeres.   8. Beis Hillel: As soon as the Chupah is done, the husband has the right to inherit her. Rebbi Eliezer: Only after she becomes a Gedolah and they have Bi'ah may he inherit her. This dispute applies only if the brother and mother marry her off, since that type of marriage is only mid'Rabanan. If the father marries her off, the husband has the right to inherit her immediately, according to everyone.

BRIEF INSIGHT THE ORIGIN OF THE KESUVAH   The Gemara says that the Rabanan instituted the Kesuvah in order to make it more difficult for a husband to divorce his wife. The implication of the Gemara is that the Kesuvah is of Rabbinic origin. The Tosfos ha'Rosh asks, why do we have the Minhag to write in our Kesuvos that the Kesuvah is mid'Oraisa? The Tosfos ha'Rosh answers that we follow the view of Raban Shimon ben Gamliel who maintains that the Kesuvah is mid'Oraisa. When the Gemara says that the Rabanan instituted the Kesuvah, it is referring to the Kesuvah of a widow, which everyone agrees is mid'Rabanan. Just as the Rabanan instituted the Kesuvah of a widow so that it should not be easy for the husband to divorce her, the Rabanan took away the Kesuvah from the wife to make it easy for the husband to divorce her. QUICK HALACHAH A MAMZER MID'RABANAN   A woman's husband traveled overseas, she remarried, and subsequently the husband returned alive from overseas. If the woman returns to the first husband prior to receiving a Get from the second husband, the child who is born is a Mamzer mid'Rabanan and is forbidden to marry an ordinary Mamzer as well as an ordinary Jew. He may marry only another Mamzer mid'Rabanan. However, if the woman is Mezanah prior to the return of her husband and subsequently gives birth from her husband, the child is not a Mamzer. (Shulchan Aruch EH 4:16)   The reason why the child is a Mamzer is that the Rabanan penalized her in order to encourage her to investigate more carefully before getting remarried. (Beis Shmuel)

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