ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) The Mishnah rules that in a case of four brothers (See Tos. Yom-Tov), two of whom were married to two sisters (See Tos. Yom-Tov), and who subsequently died - the other two perform Chalitzah but not Yibum ...
(b) ... since each sister is Achos Zekukaso to each brother (See Tos. Yom-Tov).
(c) According to the Tana Kama, if they went ahead and performed Yibum, they are obligated to divorce them. According to Rebbi Eliezer however - that is the opinion of Beis Shamai. Beis Hillel permit them to retain them.
(a) The Gemara switches the opinions of Beis Shamai and Beis Hillel according to Rebbi Eliezer however - due to the tradition that Beis Shamai is always the one to go le'Chumra, and Beis Hillel, le'Kula.
(b) We would we have been able to leave the opinions intact - had the Machlokes appeared among the cases in Iduyos where Beis Shamai goes le'Kula and Beis Hillel, le'Chumra.
(c) In fact, Rebbi Eliezer is cited in Iduyos - as he says here (See Tos. Yom-Tov DH 'Rebbi Eliezer Omer').
(a) If one of the sisters is forbidden on one the remaining brothers with an Isur Ervah (such as Chamoso or Eim Chamoso) - then he is permitted to perform Yibum with the other one ...
(b) ... who is no longer Achos Zekukaso (seeing as she is not Zakuk to him).
(c) The second remaining brother however - remains forbidden to both sisters (See Tos. Yom-Tov).
(d) If however, she is forbidden with an Isur Mitzvah or an Isur Kedushah - then the initial Din (Choletzes ve'Lo Misyabemes) applies ...
(e) ... since min ha'Torah, she falls before him (in which case, her sister remains Achos Zekukaso), and it is the Chachamim who forbade him to perform Yibum with her (See Tos. Yom-Tov).
(a) Still in connection with the case of the four brothers, the Mishnah permits both brothers to perform Yibum - there where each sister is also an Ervah to one of the brothers (See Tos. Yom-Tov).
(b) When the Tana equates this with the statement 'Achosah ke'she'Hi Yevimta O Choletzes O Misyabemes', he means - that where the sister of the Ervah falls to Yibum together with the wife of her husband's brother, she is even permitted to perform Yibum.
(c) This dual ruling is based on the principle - that an Ervah does not fall to the Yavam for Yibum.
(a) The Mishnah now discusses three brothers, two of whom are married to two sisters - to a woman and her daughter or to a woman and granddaughter (See Tos. Yom-Tov).
(b) According to the Tana Kama, if his two brothers die - the third brother must make Chalitzah, but not Yibum (See Tos. Yom-Tov).
(c) Rebbi Shimon maintains - that even Chalitzah is not necessary.
(d) He learns this from the Pasuk in Acharei-Mos "ve'Ishah el Achosah Lo Sikach Litzeror", which implies - that if two sisters are Tzaros to each other, then both are forbidden (See Tos. Yom-Tov).
(a) The Tana rules that, in a case where one of the sisters is also an Isur ...
1. ... Ervah - she is forbidden to him, but her sister is not (in which case even Yibum is permitted [See Tos. Yom-Tov]).
2. ... Mitzvah or Kedushah - 'Choltzos ve'Lo Misyabmos' (See Tos. Yom-Tov).
(a) Once again, the Mishnah discusses three brothers, two of whom are married to two sisters, whereas the third one is not married (See Tos. Yom-Tov). But this time, only one of the brothers died, and the unmarried brother performed Ma'amar with his widow before the second brother died.
(b) Beis Shamai rules that the new Yevamah is not subject to Yibum because she is Achos Ishto. Her sister does not become forbidden to him because of Achos Zekukaso - since they hold that Ma'amar acquires completely (to render her Vaday Me'ureses min'ha'Torah [See also Tos. Yom-Tov]).
(a) According to Beis Hillel, the third brother must ...
1. ... both divorce his 'wife' and do Chalitzah with her.
2. ... do Chalitzah with his Yevamah ...
(b) ... because in their opinion - Ma'amar is only considered a partial Kidushin, in which his Yevamah remains Zakukaso and his wife, Achos Zekukaso.
(c) The Chachamim therefore said - 'Woe to him regarding his own wife, and woe to him regarding the wife of his brother!' (See Tos. Yom-Tov).
(a) The Mishnah now cites a case where Reuven and Shimon were married to two sisters and their brother Levi to a woman not related to the other two, where Reuven and Levi died, the latter, after performing Yibum with the wife of the former. The Tana rules - that Reuven's wife goes out because of Achos Ishah, and Levi's wife because of Tzaras Achos Ishto.
(b) If Levi performed, not Yibum with Reuven's wife, but Ma'amar - the his first wife requires Chalitzah ...
(c) ... not Yibum - since Tzaras Achos Zekukaso.
(d) The same Din would apply had Levi not performed Ma'amar ...
(e) ... and the Mishnah mentions Ma'amar to preclude - the opinion of Beis Shamai, who considers Ma'amar like marriage, in which case she would not even require Chalitzah.
(a) The Mishnah now discusses a case which begins like the previous one, where Reuven and Shimon were married to two sisters and their brother Levi to a woman not related to them, and where Reuven died, and Levi performed Yibum with his wife. Only this time, Shimon's wife died followed by Levi. The Tana rules - Reuven's ex-wife (his deceased wife's former sister) is forbidden to Shimon permanently, since she was forbidden to him (like Eishes Ach who has children) ...
(b) ... when Reuven died, and his own wife was still alive.
(c) Although the Mishnah does not mention the Tzarah (Levi's wife) - it seems that she must perform Chalitzah (because of a Safek as to whether he may perform Yibum [See Tos. Yom-Tov & Tiferes Yisrael]).
(d) If after Shimon divorced his wife, Levi died, he performed Yibum with his wife and died - the Tana permits Reuven to perform Yibum with Levi's former wife ...
(e) ... based on the Mishnah that we learned in the first Perek - which permits the Tzarah there where her husband prfeviouisly divorced the Ervah (See Tiferes Yisrael).
(a) The Mishnah rules that the Tzarah of any of the fifteen cases of Ervah in the event that the Ervah was Safek Mekudeshes or Safek Megureshes - requires Chalitzah but not Yibum.
(b) The example the Tana gives of Safek Mekudeshes is - where the man threw the Sh'tar Kidushin towards a woman, which lands at a point which is a Safek whether it is closer to him or to her (See Tos. Yom-Tov).
(c) The exact case is - where they are both standing in the R'shus ha'Rabim (See Tos. Yom-Tov) exactly eight Amos from one another, and the Kidushin lands in the middle.
(d) The Safek is based on the principle - that the four Amos that surround a person in the R'shus ha'Rabim acquire on his behalf.
(a) A Get requires two witnesses and a date. The first of three examples of Safek Megureshes is where the man writes the Get in his own hand-writing, but there are no witnesses. The other two other cases are - where there are two witnesses but no date and where there is a date but only one witness (See Tos. Yom-Tov).
(a) If three brothers are married to three unrelated women (See Tos. Yom-Tov), one of them died and one of the remaining brothers performs Ma'amar with his wife and dies, the Mishnah - the Mishnah requires the remaining brother to make Chalitzah with each of the women.
(b) The Tana learns this from the Pasuk in Ki Seitzei "u'Meis Achad meihem, Yevamah Yavo Alehah" - which he Darshens 'she'Alehah Zikas Yavam Echad, ve'Lo 'she'Alehah Zikas Sh'nei Yevamin'
(c) What makes it 'Zikas Sh'nei Yabmin' is - the fact that, on the one hand, the Ma'amar renders her 'partially married to the second brother, whereas on the other, since he did not perform Yibum, the Zikah from the first brother remains.
(a) The real source for 'Zikas Sh'nei Yabmin' is a Gezeirah mi'de'Rabbanan (and the Pasuk is merely an Asmachta).
(b) What prompted the Chachamim to issue this decree was - the concern that people will therefore think that a Yavam is permitted to perform Yibum with two Yevamos that come from the same house (See Tos. Yom-Tov).
(a) Rebbi Shimon permits performing Yibum with whichever woman he pleases - and Chalitzah with the second one ...
(b) ... based on the fact that a Safek as to whether Ma'amar acquires completely or not at all.
(a) He permits performing Yibum with the wife of the first brother to die - because 'Mah Nafshech', if Ma'amar acquires, then there is only the Zikah of the second brother, whereas if it is not, then there is only the Zikah of the first.
(b) And the wife of the second brother then requires Chalitzah - in case Ma'amar does not acquire ...
(c) ... but not Yibum - in case it does.
(d) The Halachah is - like the Tana Kama.
(a) In a case where Reuven and Shimon are married to two sisters and where first Reuven dies then Shimon's wife - Reuven's wife is forbidden to Shimon forever ...
(b) ... since she was forbidden to him before his own wife died (See Tos. Yom-Tov).
(a) The Tana rules that two men who betrothed two women and at the time of the Chupah, they inadvertently (See Tos. Yom-Tov) switched wives - are subject to Eishes Ish, and ...
(b) ... if they are brothers - they are also subject to Eishes Ach.
(c) They are they not Patur from the latter on account of the principle 'Ein Isur Chal al Isur' - since the two Chiyuvim came simultaneously.
(d) The ramifications of this ruling are - that they will be Chayav two Chata'os.
(a) One is also Chayav two Chata'os - if the second Chiyuv is an Isur Kolel or an Isur Mosif (See Tos. Yom-Tov).
(b) They will be Chayav three - if, at the time that they are intimate, she is also a Nidah.
(a) Before allowing them to return to their real husbands, Beis-Din are obligated to separate them - for three months...
(b) ... in case one of them is pregnant with a Mamzer, and one needs to separate the Kasher child from the Pasul one, and to know whose father each one is.
(c) The period of separation will not be necessary however - if the wives are Ketanos (who cannot become pregnant).
(d) If the women are Kohanos - they are also forbidden to eat T'rumah (in their father's house) even though they married the wrong husband be'Oneis (See Tos. Yom-Tov).