1)

Why is the Mitzvah of Yibum written immediately after "Lo Sachsom ... "?

1.

Targum Yonasan and Yevamos 4a: To teach us that if a woman falls to Yibum to a Metzora (or to anyone unsuitable for her - Targum Yonasan 1 ), we do not muzzle her - She can demand that he does Chalitzah. 2


1

Such as a tanner [who works with excrement, and has a foul odor]. Otherwise, a Yevamah cannot demand Chalitzah. Refer to 25:5:6:2.

2

See Torah Temimah, nmote 42, who elaborates.

2)

What sort of brothers is the Torah referring to?

1.

Rashi (in Yevamos, 2a): It refers to paternal brothers, which we learn from a Gezeirah Shavah 'Achvah' 'Achvah' from the sons of Ya'akov, 1 who all had the same father but not the same mother. 2


1

Refer to 25:5:151:1.

2

See Torah Temmah, citing the Yerushalmi Yevamos, 1:1, which learns it from a different source. And note 45 & 49.

3)

What are the implications of "Ki Yeishvu Achim Yachdav"?

1.

Rashi #1 and Targum Yonasan #1: It implies that the brothers lived at the same time 1 - to preclude where the Yavam was born after his brother died (in which case both she and her Tzarah [her rival wife] are Patur from Yibum - Yevamos, 17b) 2 and is subject to the Isur of Eishes Ach

2.

Rashi #2 and Targum Yonasan #2: "Yachdav" implies that they are together regarding inheritance


1

Even if the Yavam is only one day old when his brother dies - Torah Temimah, citing Nidah, 44a.

2

See Torah Temimah, note 46.

3

Refer to 25:5:151:1, and see Sifsei Chachamim.

4

Since maternal brothers do not inherit each other.

5

Refer to 25:6:2:1.

6

See Torah Temiah, note 47.

4)

What are the implications of the phrase "u'Meis Achad meihem'?

1.

Yevamos, 31b: It implies that it is only a woman who carrries the Zikah (the ties) to one Yavam who is subject to Yibum, but not one who carries carries the Zikah of two Yevamin. 1


1

See Torah Temimah, citing Yevamos, Ibid. and note 51.

5)

What are the implications of the phrase "u'Bein Ein lo"?

1.

Rashi: 'Ein' is spelled with a 'Yud', in order to Darshen "Ayein alav' (refer to 25:5:152:1) - examine whether he left any descendant, 1 because if he did (even if he is only one day old - Ndah, 44a), Yibum will not apply. 2

2.

Yevamos, 22b: See answer #1. "Ein lo" implies even a child who is a Mamzer exempts the Yavam from Yibum. 3


1

See Torah Temmah, note 52, who elaborates, and note 56.

2

And the La'av of "Eishes Achiv" which carries with it a Chiyuv Kares, applies.

3

See Torah Temmah, note 53.

6)

What are the implications of the phrase "Lo Sih'yeh Eishes ha'Meis ha'Chutzah?

1.

Yevamos, 92b: It implies that Kidushin does not take effect on a Yevamah.

7)

What are th implications of the (otherwise superfluous) word "ha'Chutzah"?

1.

Yevamos, 13b: To render the betrothed of the deceased subject to Yibum. 1


1

See Torah Temimah, note 61.

8)

What are the implications of the words "Lo Sih'yeh ... le'Ish Zar"?

1.

Yeushalmi Yevamos, 1:1: It extends the Isur of marrying an Ish Zar - Chayvei Kares and Chayvei La'avin - to even when entaIls performing the Mitzvah of Yibum. 1


1

See Torah Temimah, note 62. Refer also to 25:5:4:1:1.

9)

What are the implications of "Yevamah Yavo alehah"?

1.

Kidushin, 14a: It implies that a Yavam acquires the Yevamah through Bi'ah (exclusively). 1

2.

Yevamos, 30a: It implies that, if a Yevamah is not eligible for Yibum when her husband dies, she is considered an Eishes Ach and is not subject to Yibum - even if she subsequently becomes eligible. 2

3.

Yevamos, 30b: It implies that the Yavam performs a Mitzvah irrespective of whether he performed Yibum Lish'mah or for beauty or due to some other ulterior motive. 3

4.

Yevamos, 54a: It implies that he acquires her irrespective of whether he is intimate with her be'Shogeg or be'Meizid, be'Oneis or be'Ratzon. 4

5.

Rambam, Hilchos Yibum, 1:12: It constitutes a Mitzvas Asei 5 regarding the Yavam or one of the other brothers who has relations with the Tzarah after the Yavam has performed Yibum with the Yevamah. 6

6.

Yevamos, 30b; It implies that the Mitzvah of Yibum takes precedence over that of Chalitzah. 7


1

Yevamos, 54b: Even through Ha'ara'ah (the first stage of intimacy), which we learn via a Gezeirah Shavah 'Bi'ah' 'Bi'ah', from Mamzer, 23:3. See Torah Temimah, note 64.

2

See Torah Temimah, note 66.

3

As opposed to the opinion of Aba Shaul - Yevamos, Ibid., that if the Yavam performs Yibum for an ulterior motive, he has all but transgressed the prohibiton of incest and any children who are born are Mamzerim in his eyes. See Torah Temimah, note 67, who discusses like whom is the Halachah. Refer to 25:5:8:1*.

4

See Torah Temimah, note 69.68.

5

Rambam (Ibid.): Since a La'av that comes from an Asei is an Asei.

6

See Torah Temimah, note 76.

7

See Torah Temimah, citing Yevamos, Ibid. and note.

10)

What are the implications of the word "Alehah"

1.

Yevamos, 3b: It teaches us via a Gezeirah Shavah "Alehah" "Alehah" from Achos Ishah, in Acharei-Mos, 18:18, that Arayos are precluded from the Mitzvah of Yibum, 1 not she and not her Tzarah or Tzaras Tzarah. 2


1

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

2

See Torah Temimah, citing Yevamos, 3b and note 75. Refer also to 25:5:4:3:1 and note 75.

11)

Why does the Torah insert the phrase "u'Lekachah lo le'Ishah"?

1.

Rashi (in Nidah 45b) and Seforno: The Torah calls her 'his wife', since he acquired her with Bi'ah. Consequently, in the event that he wants to divorce her, she does not require Chalitzah (and he is permitted to take her back after the divorce 1 - Seforno).

2.

Yerushalmi Yevamos, 6:1: To teach us that the Yavam acquires the Yevmah even by means of a Bi'ah she'Lo ke'Darkah (via the Anus). 2


1

Refer to 25:5:6:1. See also Torah Temmah, note 79.

2

See Torah Temimah, citing Yerushalmi. Ibid. and note 73.

12)

What is "u'Lekachah" coming to preclude?

1.

Rashi (in Yevamos, 5a): It precludes a. an Ervah; b. the Yevamah's Tzarah - 'la'Zu, ve'Lo la'Achares' (either one or the other). 1


1

See Torah Temimah, citing Rashi (Ibid.) and refer to 25:5:4:1:1.

13)

Why does the Torah add the (otherwise superfluous) word "Veyibmah"?

1.

Seforno: To teach us that the Yavam acquires her completely - to remove from her the status of Yevamah, and that she is therefore considered his wife in all regards. 1

2.

Yevamos, 8a: To teach us that the Tzaras Erveh is Asur - when there is a Mitzvah of Yibum, but not otherwise. 2

3.

Yevamos, 8b: To teach us that the Yavam acquires the Yevamah even against her will. 3

4.

Yevamos, 19b: To teach us that, even after the Yavam has performed Yibum, to a certain extent, whe is still considered a Yevamah. Consequently, if a third brother is born after the Yavam has performed Yibum and the Yavam subsequently dies, the initial Yevamah goes out because of Eishes Achiv she'Lo Hayah be'Olamo, and the Yavam's other wife because of Tzaras Ervah. 4

5.

Kidushin, 11a: To confine Yibum to Bi'ah - precluding Kesef and Sh'tar (which generally acquire a woman). 5

6.

Oznayim la'Torah #1 (citing the Ra'am): It means that when he performs Yibum with his brother's wife,, the Yavem remove her status of Yevamah. 6

7.

Oznayim la'Torah #2 (citing the To teach is that marrying his brother's wife is not merely R'shus, but a Mitzvah.


1

Refer to 25:5:5:1.

2

See Torah Temimah, note 82.

3

See Torah Temimah, note 83. See also Ba'al ha'Turim.

4

See Torah Temimah, note 84.

5

See Torah Temimah, note 85.

6

Oznayim la'Torah: The word has the opposite meaning of the simple one - like "Saklu me'Even", in Yeshayah, 62:10, which means 'Remove the stones!

14)

What is the reason behind the Mitzvah of Yibum?

1.

Ramban (Bereishis 38:8): Refer to Bereishis, 38:8:1:1.

2.

R. Bachye (in Pasuk 9): Because presumably, the deceased wants his brother - and not a stranger, to take over his property and his wife, since he has no one [else] to inherit him.

15)

Which takes precedence, Yibum or Chalitzah?

1.

Yevamos, 39b: The Mitzvah of Yibum takes precedence (since the Torah mentions it first - Torah Temimah). 1


1

Nowadays, however, Chalitzah takes precedence, based on the opinionof Aba Shaul. Refer to 25:5:4:4:3 2

.

QUESTIONS ON RASHI

16)

Rashi writes that "Yachdav" teaches that they must be. paternal brothers. But n Yevamos 2a, Rashi learns this from "Achim"?

1.

Yevamos 17b: Had it written only "Achim", we would learn from Lot that Yibum applies to an uncle's wife; and had it written only "Yachdav", we would have thought that they must have both the same mother and the same father.

17)

Rashi writes that the Torah writes "u'Vein Ein lo" - with a 'Yud', to Darshen 'Ayein Alav.' But "Ein" is always spelled with a Yud!

1.

Gur Aryeh #1: Rashi explained that "Me'ein Yevami" (in Pasuk 7) and "Me'ein Bil'am" (in Bamidbar 22:14) are written without a 'Yud'. Even though the 'Mem' is part of the word, and it means 'does not want' Chazal understood that it is based on the word 'Ein.'

2.

Gur Aryeh #2: See answer #1. Even if 'Me'ein ' is not based on 'Ein', it demonstrates that the 'Yud' can be omitted.

Sefer: Perek: Pasuk:
Month: Day: Year:
Month: Day: Year:

KIH Logo
D.A.F. Home Page
Sponsorships & DonationsReaders' FeedbackMailing ListsTalmud ArchivesAsk the KollelDafyomi WeblinksDafyomi CalendarOther Yomi calendars