ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) The Yavam is forbidden to marry the relatives of the woman with whom he performed Chalitzah (and vive-versa).
(b) The Mishnah permits them to marry each other's relatives, in the event that the Yevamah is later found to be pregnant (See Tos. Yom-Tov) and subsequently gives birth - because it then transpires that she was not a Yevamah in the first place.
(c) If the baby turns out to be a miscarriage - then they are forbidden to marry each other's relatives (See Tos. Yom-Tov).
(d) The Chalutzah is also forbidden - to marry a Kohen in the latter case, but permitted in the former.
(a) If one performs Yibum with a woman who is found to be pregnant, and the baby ...
1. ... survives - he is obligated to divorce her and they are both Chayav to bring a Chatas.
2. ... turns out to be a miscarriage - he may retain her.
(b) The reason for the former ruling is - he had relations with his brother's wife when there was no Mitzvah involved.
(c) And in a case where he performed Yibum within three months of his brother's death and it is not known whether the baby is the ninth-month baby of his brother or his seventh-month baby - he must divorce her ...
(d) ... but the baby is Kasher.
(a) In the previous case, the baby is Kasher - 'Mah Nafshach' (whichever one is the father, there is no reason to declare him Pasul).
(b) Both the Yavam and the Yevamah are Chayav - to bering an Asham Taluy ...
(c) ... based on the principle - that wherever one is Kareis for Vaday Meizid and Chatas for Vaday Shogeg, by Safek one is Chayav an Asham Taluy (See Tos. Yom-Tov).
(a) Beis Shamai and Beis Hillel agree (See Tos. Yom-Tov) that a Shomeres (See Tos. Yom-Tov) Yavam who inherits property from her deceased father - is permitted to sell and donate it as she wishes.
(b) The Tana now discusses what happens to the Kesubah and to the property that comes in and goes out with her in the event that the Yavam performed Ma'amar with her (See Tos. Yom-Tov) and she subsequently died (See Tos. Yom-Tov DH 'Beis Shamai Omrim ... '). Besides Manah/Masayim and the Tosefes (that her husband added to that sum), the Kesubah incorporates the dowry that she brings into the marriage, on which her husband accepts responsibility ...
(c) ... which is known as 'Nechsei Tzon Barzel'.
(a) Property that comes in and goes out with her is known as - ('Nechsei Milug' [property which she brings into the marriage and which her husband does not take responsibility for]).
(b) It is so-called - because when she marries the it comes in with her, and when her husband divorces her, it goes out with her.
(c) The problem is - that Ma'amar renders her Safek married (even according to Beis Shamai [See Tos. Yom-Tov DH 'Beis Shamai Omrim ... '), in which case he is a Safek Yoresh.
(a) According to Beis Shamai, the husband's heirs - (i.e. the Yavam) receive half the property ...
(b) ... the heirs of the Yevamah's fathers, the other half (See Tos. Yom-Tov).
(c) Beis Hillel rule (with reference to Nechsei Tzon Barzel) that the property remains in their Chazakah, without explaining whose (See Tos. Yom-Tov). The Halachah, according to them, is that ...
1. ... the Kesubah itself goes to - the husband's heirs (the Yavam) ...
2. ... the Nechsei Milug - the father's heirs, and ...
3. ... the Nechsei Tzon Barzel - is divided between the two.
(a) The Tana rules that, in the event that the Yavam actually performed Yibum - she is his wife regarding all matters ...
(b) ... (i.e. in that if he wishes to separate from her he requires a Get and not Chalitzah, and that he is subsequently permitted to take her back.
(c) The sole exception to this ruling is - that she receives her from her first husband's property (See Tos. Yom-Tov).
(d) And it is only if he left no property - that the Yavam must writes her a Kesubah ...
(e) ... for one Manah (a hundred Zuz) only.
(a) The Mishnah learns that initially, the Mitzvah of Yibum falls on the B'chor from the Pasuk in Ki Seitzei "Vehayah ha'Bechor".
(b) If ...
1. ... he does not want to perform the Mitzvah (See Tos. Yom-Tov) - then we put it to his brothers to do so.
2. ... none of the brothers want to perform it (See Tos. Yom-Tov) either - then we go back to the oldest brother and tell him that the Mitzvah is his, and that he is obligated to perform either Yibum or Chalitzah.
(a) The Mishnah rules in a case where ...
1. ... the oldest brother agrees to perform Yibum only on condition that a younger brother grows up and declines to do so (See Tos. Yom-Tov), where ...
2. ... the second oldest brother asks that one should wait until his older brother returns from overseas, or where ...
3. ... he pushes the Mitzvah on to his brother who is a Cheresh or a Shoteh - we do not listen to him, but force him to perform either Yibum or Chalitzah.
(b) The reason for the first two rulings is - due to the principle of not delaying a Mitzvah that can be performed now.
(a) The Mishnah rules that if a Yavam performs Chalitzah - he inherits his deceased brother together with his other brothers.
(b) We might otherwise have thought - that we penalize him for not performing Yibum, and that he loses his portion.
(c) If the Yavam performs Yibum one day and divorces the Yevamah the next day - he nevertheless inherits the entire property of his deceased brother ...
(d) ... because the Torah writes "Yakum al-Sheim Achiv", which he did.
(a) If there is no Yavam, we have learned in Bava Basra that a father takes precedence over all his offspring regarding inheritance. What does the Tana Kama says here that where there is a Yavam - he is the sole heir.
(b) According to Rebbi Yehudah - the sole heir is the father.
(c) And he learns this from the Pasuk in Ki Seitzei "Vahayah ha'Bechor",from which we extrapolate - that like a firstborn who receives nothing anything during his father's lifetime, neither does the Yavam.
(d) The Halachah is - like the Tana Kama.
(a) We have already learned that the brother who performs Chalitzah is forbidden to marry the Yevamah's relatives and vice-versa. The other brothers - are permitted to do so.
(b) Besides the Yevamah's mother and both grandmothers, her daughter and both granddaughters, the Tana lists - her sister ...
(c) ... who becomes permitted once she (the Yevamah) dies.
(d) This concession - does not extend to other relatives.
(a) On the other side, he lists the Yavam's father and both grandfathers (See Tos. Yom-Tov), his son, his grandson - his brother and his brother's son.
(b) All the other relatives - are forbidden too (See Tos. Yom-Tov DH 'Zachah bi'Nechasim ...').
(c) The source for the prohibition is - mi'de'Rabbanan.
(a) A Yavam may marry ...
1. ... the sister of the Tzarah of his Chalutzah, but not ...
2. ... the Tzarah of his Chalutzah's sister.
(b) The case (of the latter) is - where Rachel, Reuven's Chalutzah, had a sister Le'ah, whose husband Dan had another wife. When Dan dies, Reuven is forbidden to marry her.
(c) And the reason for the prohibition is - based on the fact that the Yevamah tends to take her sister with her to the Beis-Din for the Chalitzah ceremony. Consequently, we are afraid that people will think that it was the sister who performed the Chalitzah, and, when they see the Yavam marrying her Tzarah, they will think that one is permitted to marry Tzaras Chalutzaso.
(d) The Chachamim did not issue the same prohibition in the case of K'rovas Tzaras Chalutzaso - since the Yevamah will take her sister with her to Beis-Din, but not her Tzarah.
(a) If Shimon, who is married to the sister of Reuven's Chalutzah, dies - the latter must do Chalitzah with her.
(b) In the equivalent case, but where Shimon is married to the sister of Reuven's divorcee - she requires neither Chalitzah nor Yibum ...
(c) ... because, whereas Achos Chaluitzah is only mi'de'Rabbanan, Achos Gerushah is d'Oraysa.
(a) In a case where the younger brother betrothed (See Tos. Yom-Tov) the sister of a Shomeres Yavam, the problem is - that she is Achos Zekukaso.
(b) According to Rebbi Yehudah ben Beseira, one says to him - 'Wait until your older brother (See Tos. Yom-Tov) acts before marrying her.
(c) They are then permitted to marry - as soon as the older brother performs either Yibum or Chalitzah (thereby removing the Zikah).
(d) If the Yevamah dies - they are permitted to marry (bearing that even if he would have been married to her and she would have died, he would be permitted to marry her sister).
(a) If the older brother dies - he is obligated to give his betrothed a Get and to make Chalitzah with her sister (See Tos. Yom-Tov).
(b) He cannot perform Yibum with the Yevamah after divorcing her sister - since she is Achos Gerushaso.
(c) According to the Chachamim of Rebbi Yehudah ben Beseira, the brother is initially obligated to divorce the Yevamah's sister. The Halachah is - like Rebbi Yehudah ben Beseira.
(a) Prior to performing Chalitzah or Yibum, the Yavam must wait - three months ...
(b) ... in case she is pregnant, and we will subsequently not know which husband fathered him.
(c) And the reason that he cannot even make Chalitzah immediately is - because of the principle that 'Whoever cannot perform Yibum is not subject to Chalitzah either' ...
(d) ... which we learn from the Pasuk in Ki Seitzei - "If the man does not want to take his Yevamah, then (he shall do Chalitzah", implying that Chalitzah only applies where the Yavam has the option to perform Yibum (See Tos. Yom-Tov).
(a) The equivalent Din regarding other women whose husbands have died is - that they may neither become betrothed not married before three months.
(b) This Din, says the Mishnah, extends to Besulos and Be'ulos, to divorcees and to widows, to married women and to women who were betrothed. 'Besulos' in this context - means 'betrothed', since 'betrothed' and 'married' is merely the explanation of 'Besulos' and Be'ulos.
(c) Rebbi Yehudah permits ...
1. ... married women - to become betrothed, and ...
2. ... women who were betrothed - to get married.
(d) In the latter case, he precludes 'Arusos she'bi'Yehudah' - whom they would permit to meet privately (See Tiferes Yisrael) before going under the Chupah, creating the suspicion that they may have been intimate and that the woman might be pregnant (See Tos. Yom-Tov).
(e) They did that - in order to allow them to become more familiar with one another, to remove the innate shyness that is otherwise manifest during the first time that a couple is intimate after they are married.
(a) Rebbi Yossi precludes - a widow from his ruling permitting the betrothal of the above women ...
(b) ... because she is in mourning ...
(c) ... in which case the prohibition lasts - for thirty days.
(d) He argues with Rebbi Yehudah - over the latter case, which Rebbi Yehudah permits even during the first thirty days.
(a) The Mishnah - permits the oldest brother to perform Yibum with four Yevamos that fall to him from four brothers whose wives have all died ...
(b) ... on condition that he is able to provide for all of them.
(c) The Tana mentions specifically four - to preclude more, due to a husband's obligation to fulfil the Mitzvah of Onah (intimacy) at least once a month (See Tos. Yom-Tov).
(a) We learn from the Pasuk in Ki Seitzei " ... asher Lo Yivneh es Beis Achiv - that a Yavam is forbidden to perform Yibumn with more than one Yevamah (from the same house).
(b) He is not permitted to make Chalitzah with each Yevamah either - since whoever is not eligible for Yibum is not eligible for Chalitzah (See Tos. Yom-Tov).
(c) The Tana also rules that if two Yevamos fall to a Yavam from one brother, one of whom is Kasher and the other, Pasul (li'Kehunah) assuming he wants to perform ...
1. ... Chalitzah - he should do so with the one who is Pasul.
2. ... Yibum - he must do so with the one who is Kasher.
(d) The reason for the former ruling is - in order not to render the Kasher one Pasul from marrying a Kohen.
(a) One is forbidden to marry one's divorcee - if she has been married to another man in the meantime (See Tos. Yom-Tov).
(b) Rebbi Akiva rules that someone who marries ...
1. ... his divorcee ...
2. ... his Chalutzah or her relative - is obligated to divorce her and that their children are Mamzerim.
(c) Rebbi Akiva learns from the Pasuk in Ki Seitzei (in connection with Chalitzah) "Beis Chalutz ha'Na'al" - that one's Chalutzah is akin to one's wife (See Tos. Yom-Tov).
(a) Rebbi Akiva declares the babies in the above cases Mamzerim - because he holds 'Yesh Mamzer me'Chayvei La'avin'.
(b) The Chachamim hold 'Ein Mamzer me'Chayvei La'avin ...
(c) ... and that is the Halachah.
(d) The Chachamim nevertheless concede that the baby - that one fathers from one's divorcee is a Mamzer ...
(e) ... because they hold that one's divorcee is akin to one's wife (in which case her mother and her sister are Chayvei K'risos [See Tos. Yom-Tov]).
(a) Rebbi Akiva defines a Mamzer as the product of a relationship between two blood-relatives that is subject to a La'av (See Tos. Yom-Tov DH 'Kol Sh'er' & 'she'Hu be'Lo Yavo').
(b) According to Shimon ha'Timni - it is one that is subject to Kareis (See Tos. Yom-Tov) ...
(c) ... and the Mishnah adds that this is the Halachah (though this is not necessarily the last word in Halachah [See Tos. Yom-Tov]).
(a) Rebbi Yehoshua says - that it is a relationship that carries with it a Chiyuv Misas Beis-Din (See Tos. Yom-Tov).
(b) Written in the Megilas Yuchasin that Shimon ben Azai found in Yerushalayim was - 'Ish P'loni Mamzer me'Eishis Ish (a sin for which one is Chayav Misas Beis-Din (See Tos. Yom-Tov) ...
(c) ... supporting the opinion of Rebbi Yehoshua.
(d) The Halachah however is - like Shimon ha'Timni.
(e) The one exception to the rule is a Nidah, which the Torah punishes with Kareis, yet their child is not a Mamzer.
(a) The Mishnah - permits marrying the sister of one's Yevamah ...
1. ... after she (the Yavamah) dies, even ...
2. ... if she dies after having performed Chalitzah or ...
3. ... after having married someone else.
(b) The Gemara explains - that this Halachah does not teach us anything (since it is based on a Pasuk that every child knows [See Tos. Yom-Tov]).