1)

What are the implications of "ve'Im Lo Yachpotz ha'Ish ... Vechaltzah Na'alo" "?

1.

Yevamos, 20a: It implies that Chalitzah applies there where the Yavam has the option of performing Yibum - but wherever Yibum is not applicable, Chalitzah is not applicable either 1 (Consequently, within three months of her husband's death, just as she cannot perform Yibum (in order to distinguish between the seed of her first and second husbands) so too can she not perform Chalitzah ? Yevamos, 41b. 2 [and by the same token, if the Yavam performs Yibum with one of two Yevamos, he is Patur from performing Chalitzah with her Tzarah ? Yevamos, 44a]).

2.

Yevamos, 39b: It implies that one never forces a Yavam and Yevamah to perform Chalitzah, but always places the two options - Chalitzah first (nowadays). 3

3.

Yevamos, 54b: It implies that the Mitzvah of Yibum takes precedence over that of Chalitzah. 4 Consequently, if the Yevamah is pregnant she is not permitted to perform Chalitzah.


1

See Torah Temimah, citing Yevamos, 41b and 44a and notes. See also Torah Temimah, note 106, who cites a number of exceptions to the rule.

2

Refer also to 25:7:151:3.

3

See Torah Temimah, note 107.

4

Refer also to 25:5:4.4:6. See Torah Temimah, note 110.

2)

What are the implications of the word "ve'Im Lo Yachpotz ha'Ish"?

1.

Yevamos, 105b: It implies that a Katan is not subject to Chalitzah. 1

2.

Sifri: It implies that the Yavam doesn't want ... , but not Hakadosh-Baruch-Hu - to preclude Chayvei Kares from the Mitzvah of Chalitzah, and based on a similar D'rashah, the Sifri learns from "Lo Avah Yabmi" that they are not subject to Yibum either. 2


1

See Torah Temimah, note 112.

2

See Torah Temimah, note 117.

3)

Why does the Torah repeat the word "Yevimto"?

1.

Yoma, 13b: To teach us that the option of Chalitzah applies even if there is more than one Yevamah from the same brother. 1

2.

Yevamos, 20a: To teach us that there are some Yevamos that are subject to Chalitzah, even though they are not subject to Yibum - with reference to Chayvei La'avin, 2 Isur Mitzvah and Isur Kedushah 3 - but not to Chayvei Kareis. 4

3.

Sifra: To teach us that, in spite of the Pasuk "Vehayah ha'Bechor asher Teiled", a Ketanah and a Zekeinah aresubject to Yibum, even though they cannot have children. 5

4.

Yerushalmi Yevamos, 12:6: To incorporate a Ketanah and an old woman in the Din of Chalitzah. 6


1

See Torah Temimah, note 115.

2

See Torah Temimah, note 117

3

See Torah Temimah, note 116.

4

Refer to 25:5:4.5:1.

5

See Torah Temimah, note 1!8,

6

See Torah Temimah, note 118.

4)

Why does the Torah use the expression "Ve'alsah Yevimto ha'Sha'arah"?

1.

Sifri; "Ve'alsah" implies that Beis-Din should convene in the highest part of the town. 1

2.

Yevamos, 101b: The phrase implies that the Beis-Din should designate a location for the Chalitzah ceremony. 2

3.

Yerushlmi Yevamos, 12:6: The phrase implies that the Yevamah must go after the Yavam to release her and not vice-versa. 3


1

See Torah Temimah, note 114.

2

See Torah Temimah, note 120.

3

Refer to 25:8:0.5:3.

5)

Which gate is "ha'Sha'arah" referring to?

1.

Rashi, Targum Onkelos and Targum Yonasan: It is referring to Beis-Din (which the Torah sometimes refers to as "Sha'ar"). 1


1

See, for example, Rus, 4:1.

6)

How many Zekenim are required for Chalitzah?

1.

Targum Yonasan: Five, three to act as Dayanim, and two as witnesses. 1

2.

Yevamos 101a #1 (according to the Chachamim): Three Dayanim. 2

3.

Yevamos 101a #2 (according to R. Yehudah): Five Dayanim. The Torah writes "Ziknei" - implying two; and "Zekenim" - implying two. And to avoid an even number, we add a fifth. 3


1

See Na'ar Yonasan.

2

See Torah Temimah, note 121.

3

Ba'al ha'Turim: The prefix 'Hey' in "ha'Zekenim" hints at five.

7)

Why does the Torah refer to Dayanim as 'Zekeinim'?

1.

Sifri: To teach us that the Dayanim should indeed be elders. 1

2.

Yevamos, 101a: To render eligible even Hedyotos (who are not Talmidei Chachamim) to act as a Beis-Din for Chalitzah. 2


1

See Torah Temimah, note 122. Refer also to 25:8:0:1:1.

2

See Torah Temimah, note 131.

8)

In which language do the Yavam and the Yevamah make their respective statements?

1.

Rashi (in Pasuk 8) and Targum Yonasan: In Lashon ha'Kodesh. 1


1

Which we learn via a Gezeirah Shavah "Ve'ansah" from "Ve'anu h'Levi'im" in Ki Savo, 27:14 ? in connetion with Har Gerizim and Har Eival. Refer to 25:9:5:1 and see Torah Temimah, note 123. - It is not clear however, why he ignores the D'rashah there?

9)

What are the ramifications of "Lehakim le'Achiv Shem"?

1.

Yevamos, 79b: It absolves the wife of a S'ris Chamah, who is born a Saris, from Chalitzah - but not a Saris Adam, who became a Saris through an accident, seeing as he was fit to have children prior to the accident. 1


1

Yevamos, Ibid.: Otherwise, no woman would be subject to Chalitzah, since there is no man who does not become a S'ris Chamah shortly before his death. See Torah Temimah, note 126.

10)

What are the implications of the (otherwise superfluous) word "Le'hakim le'Achiv Shem be'Yisrael"?

1.

Yevamos, 101b: It implies that the Beis-Din must comprise Dayanim who fall under the category of 'Yisrael' - to preclude Gerim 1 - even if the Ger's mother is a Yisre'elis and his father is a Ger. 2


1

See Torah Temimah on Pasuk 10, citing Yevamos, 102a and note 127.

2

See Torah Temimah, note 169.

11)

What are the implications of "Lo Avah Yabmi"?

1.

Sifri: It implies that it is the Yavam does not want to perform Yibum, but not Hakadosh-Baruch-Hu - To teach us that Chayvei Kerisos (which Hakadosh-Baruch-Hu does not want either) are not subject to Yibum or to Chalitzah. 1


1

Refer also to 25:7:1.5:4. See also Torah Temimah, note 117.

12)

What is the meaning of "Me'ein Yevami"?

1.

Riva #1: Some say that it is like "Me'ein Yabmi" ('He refused to perform Yibum with me'). 1

2.

Riva #2: The 'Yud' is superfluous - as if the Torah had written 'Me'en Yavam' ('My Yavm refused').

3.

Yerushalmi Yevamos, 1:1: It implies that the Yavam refuses to perform Yibum, but not Hakadosh-Baruch-Hu - To teach us that Chayvei La'avin are not subject to Yibum - though they are subject to Chalitzah. 2


1

Riva: But it is not correct, since, as . Sefer Yedidos explains, whenever the suffix means 'to me', it ends with 'Nun' 'Yud'.

2

Refer to 25:7:0:3:2.

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