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YEVAMOS 95

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SUMMARY

Even if a person deliberately has intimate relations with his wife's sister, his wife is not forbidden to him.
 
Rebbi Yehudah says that Beis Shamai and Beis Hillel agree that if one has intimate relations with his mother-in-law, his wife is forbidden to him. (1)
 
Rebbi Yosi says that Beis Shamai and Beis Hillel agree that if one has intimate relations with his wife's sister, his wife is not forbidden to him. (2)
 
Rav Hamnuna: If a Shomeres Yavam is Mezanah, she becomes forbidden to the Yavam.
 
If one brother does Ma'amar to the Yevamah and a second brother has Bi'ah with her, she is prohibited to the first brother.
 
Rav Nachman: If one brother does Ma'amar to the Yevamah, a Ma'amar from the second brother is not valid.
 
If one brother does Ma'amar to the Yevamah and a second brother gives a Get or does Chalitzah, the Yevamah is prohibited to the first brother.
 
If the husband gives a Get to the Sotah, or if she refuses to drink the Sotah water, she is forbidden to the suspected Bo'el.
 
Rebbi Ami: According to Rebbi Yosi, if one witness falsely testified that his wife and brother-in-law died, and then the husband marries his wife's sister, in certain cases he is forbidden to his wife. (3)
 
Rebbi Yitzchak Nafcha: According to Rebbi Yosi, there is a difference between when he did Nisu'in with his wife and when he did Eirusin. (4)
 
Rav: If a single witness testifies that an Arusah's Chasan died and she subsequently does Yibum, the Yevamah has the status of an Eshes Ish. Shmuel: The Yevamah does not have the status of an Eshes Ish. (5)

A BIT MORE

1. The dispute between Beis Shamai and Beis Hillel is when one has intimate relations with his wife's sister. Beis Shamai: His wife is forbidden to him. Beis Hillel: His wife is permitted to him.
 
2. The dispute between Beis Shamai and Beis Hillel is when one has intimate relations with his mother-in-law. Beis Shamai: His wife is forbidden to him. Beis Hillel: His wife is permitted to him.
 
3. A man's wife and his wife's sister's husband traveled overseas. A single witness testifies that his wife and brother-in-law died. He then marries his wife's sister. Rebbi Yosi: Since his wife's sister is forbidden to her husband, he is also forbidden to his wife. Tana Kama: Even in this case, he is permitted to his wife when she returns.
 
4. A man already did Nisu'in with his wife, and his wife's sister's husband traveled overseas and a single witness testifies that his wife and brother-in-law died. He then marries his wife's sister. Rebbi Yosi: Since his wife's sister is permitted to her husband, he is also permitted to his wife. If, however, the same case happens but he did only Eirusin (and thus she was only an Arusah), then both he and his brother-in-law are forbidden to their wives (or more accurately, his Kalah). Rebbi Yosi maintains that the reason why a wife who remarries after the testimony of one witness is forbidden to her husband is that people will think that he divorced her and is now remarrying her after she married someone else. In this case, though, since she married her brother-in-law who is forbidden to her during the lifetime of her sister, people will understand that there was false testimony in the case and they will not think that the husband divorced her. However, this is true only if her brother-in-law had done Nisu'in with her sister. If he did only Eirusin, then people will think that the Eirusin was done conditionally and that it was not a valid Eirusin, and they will think that her husband divorced her and she married her brother-in-law because he is not really her brother-in-law, since the Eirusin was conditional. In contrast, Nisu'in is never done conditionally, because a person does not want his Bi'ah to become a Bi'as Znus.
 
5. Rav: If her Chasan is found to be alive, she is forbidden to return to her husband because people will think that her Eirusin was conditional and was not valid, and then she married his brother and now she is going back to her Chasan who is forbidden to her because he is her husband's brother. If she did Nisu'in with him, and after the witness testified that he died she did Yibum with his brother, she would be permitted to return to him, because Nisu'in is never conditional, and thus people will realize that she did Yibum only because of false testimony. Shmuel: She is permitted to go back to her Chasan even if she only did Eirusin, because people never assume that an Eirusin is conditional and instead will realize that there was false testimony.

BRIEF INSIGHT

THE REFUSAL OF THE HUSBAND TO GIVE HIS WIFE THE SOTAH WATER TO DRINK
 
The Gemara says that if a Sotah refuses to drink the water, she is forbidden to the suspected Bo'el. The Rambam says that even if she is willing to drink the water but her husband refuses to give it to her, she is forbidden to the Bo'el. The reason is that the Kinuy and Stirah (the husband's warning and her subsequent seclusion with the alleged Bo'el) cause her to be forbidden to the Bo'el, and the only way to remove the prohibition is for her to drink the water. She cannot drink the water without the cooperation of her husband. Therefore, even though she is willing to drink the water, if her husband does not want to give it to her, she remains forbidden to the Bo'el. (Beis Shmuel)

QUICK HALACHAH

ZNUS WITH RELATIVES OF THE WIFE
 
If a man has intimate relations with any of his wife's relatives, his wife remains permitted to him. However, if the relative is frequently with him, we force him to divorce his wife. (Shulchan Aruch EH 15:27)

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