Hello, and thank you for this wonderful service to Klal Yisrael, enabling people around the world to study Toras Hash-m Yisborach.
Thirteenth Perek of Yevamos:
1) 107a - Rashi DH Masar Ha'av: what does it mean (4 lines in) when it says "Ain Cahn Chibah" ? What does that have to do with this?
2) Gemara (middle of page) - the opinion of Rabah and Rav Yosef - why is "ain adam oseh bi'ilaso..." relevant here? He's not violating any isurim, right?
3) 107b - I don't understand Shmuel's reasoning (15 lines down) Can't one make the case and say that only one of the brothers doesn't like the woman, but another brother might want to marry her?
4) 108a - (14 lines down) the case of the "chenvani", don't we require mi'un in the presence of 3? (see Rashi).
Thank you very much, and may G-d bless you all.
Shmuel, Monsey, USA
1. The reason why there is no Tenai by Nisu'in is because we say that due to the Chibas Bi'ah, he was Mochel the Tenai. However, by Mesiras Sheluchin, where there was no Yichud, there is no Chibah, and therefore there is no Mechilas ha'Tenai.
2. Although it may not be an Isur, a person still wants to have Kidushin rather than Zenus.
3. It has nothing to do with whether he likes the woman; it is the woman who does the Mi'un. The reasoning is that in the wording of the Mi'un the woman says, "I don't want you," which could mean that she is willing to have the other brother.
4. The conclusion above is that even two is enough according to Beis Hillel. These two are not a Beis Din; rather, they are Edim, so even if they were hiding, it would be enough. Therefore, saying it only to the Chenvani suffices -- provided that Edim heard.
D. Zupnik