More Discussions for this daf
1. Ein Achareha Klum 2. Ma'amar and concurrency problems 3. Ma'amar and the Taz
4. Sequence of the Mishnah 5. Get of a Yevamah
DAF DISCUSSIONS - YEVAMOS 50

Sh Feiner asked:

In the Mishna - Rabbon Gamliel, the order and sequence of events is critical as the outcome of each circumstance - which party gave what first etc. Apart from the obvious 'disturbance' when a 'get' has been given to lady 1 and then a further 'get' to lady 2, that the 'chalitza' should be given to the first lady (ein get acher get) so as not to 'ruin' the chances of lady 2 marrying a kohen.

Are there any specific sequences to the 'repair' necessary, that they would have to be done in a 'specific' order failing which there could be adverse consequences, or is the 'repair' not subject to a 'specific' order at all.

As usual, anticipating your valued answers.

Sh Feiner

The Kollel replies:

The Rambam (Hilchos Yibum 5:17) mentions an interesting case which illustrates how one has to be careful to get the order right.

A, who possesed 2 wives (X and Y), died childless. A, who lived in Yerushalayim, had 2 brothers, B and C. B lived in Acre and C lived in Tyre. It so happened that X also lived in Acre and Y in Tyre. B and C heard about their brother's death.

In such a case, B and C should in fact both wait until they know what the other has done, because it is possible that one has already done Yibum. However if one of them did do Yibum without finding out what his brother was doing - for instance if B did Yibum with X in Acre - he cannot be forced to leave her until we know for sure that C preempted him by doing Yibum with Y in Tyre.

On the other hand, if they both did Yibum independently - and it was not possible to determine who did Yibum first, they both have to give their new wives a Get. However the above Rambam adds that if one of the brothers wants to do Chalitzah before it becomes known what his brother has done, one may not prevent him.

KOL TUV

D. Bloom