More Discussions for this daf
1. 2 Brothers married 2 sisters - How can we bring her back? 2. Three cemeteries 3. Isur Mosif
4. The unnecessary Mishnah - "Peshita" 5. Why would one wife infect the other wife from a different marriage 6. נשא מת ואח"כ נשא חי
DAF DISCUSSIONS - YEVAMOS 32

Avrumi Hersh asks:

Daf 32a

Rashi on the top. D.h nosan get, says that if you give a get for maamar and not for zika, then the real wife is mutar but the baalas get is not for other reasons.

But why would the real wife be ossur, even if you did a get for zika as well. If you do a get for zika for the other wife and you make her into a real genuine baalas get, still the real wife is mutar when he is dead, so why would it be different if you do a get for both maamar and zika? The get for maamar makes the other wife mutar and the get for zika doesn't affect that wife? (The only reason that wife would become ossur, is if the get for zika comes before she's divorced from the maamar, but why should we say that that's the way it works?)

I understand that a baalas get is like a chalitza derabonon, and therefore all the tzoros become ossur because of 'shuv lo yivneh'

I am asking as follows: This real wife is not a tzoro of the baalas maamar because she comes from a separate bayis. If, for example, the 2nd brother did not do maamar to the 1st yevomoh, rather, he gave her a get instead. She would then become a baalas get and is ossur in yibum from all the brothers. But his own wife would certainly be mutar in yibum to the brothers when he dies. Because he is a different bayis to the baalas get. So the case where you do get for the maamar and the zika is the same situation: the get removes the maamar and the get also removes her zikah. But when he dies then his wife is not at all connected to the baalas get??

Avrumi Hersh, London england

The Kollel replies:

1) I have not yet looked properly in the Mefarshim so I will suggest merely an initial idea. The next Rashi (DH Aval Hi) tells us why the real wife would be Asur if you did a Get for Zikah as well. Rashi writes that our Gemara is not referring to where there is an Isur of Lo Yivneh which would disqualify her for the remaining brother because he did not give a Get for Zikah. This implies that if he would have given a Get for Zikah there would now be a prohibition on building up the brother's house, since he did not build it at the first opportunity. (Rashi 50b, DH Tzerichah Heimenu Chalitzah, writes that once one has started with Gerushin, the Isur of Lo Yivneh applies.)

2) Tosfos 52b (end of DH O Dilma) says what you are saying:

Tosfos there writes that, according to Rava on 32a, even if he would have given a Get for his Zikah, the Tzarah would still be permitted. This is like what you wrote, Avrumi, that the Get for Zikah does not affect the other wife.

3) I think it should be pointed out that there is a big difference between a Get for Ma'amar and a Get for Zikah. A Get for Ma'amar merely removes the Ma'amar so it is as if absolutely nothing has happened and we are back to square one. A Get for Zikah removes the connection between the Yavam and the Yevamah which means he has refused to build his brother's house. She is henceforth forbidden to him because of Lo Yivneh.

4) Here are answers to the questions in your second paragraph of questions:

a) You write that the "real wife is not a Tzarah of the Ba'alas Ma'amar because she comes from a separate Bayis." But mid'Rabanan she is a Tzarah of the Ba'alas Maamar because of the Gezeirah that people should not say that two Yevamos from one house can do Yibum.

b) You write "the case where you do get for the Ma'amar and the Zikah... the Get removes the Ma'amar and the Get also removes her Zikah." But the problem is that a Get for Zikah creates a prohibition of Lo Yivneh, as Rashi (DH Aval Hi) implies.

Chag Kasher v'Same'ach,

Dovid Bloom