More Discussions for this daf
1. Ariri 2. She is a To'evah, but not her Tzarah 3. Yevamos 055: Initial Stage
4. Error in Points 5. Dispute between Chachamim 6. Shifchah Charufah
7. כתב רחמנא שכבת זרע גבי שפחת חרופה 8. אשת אח מן האם לאחר מיתת בעלה רשות
DAF DISCUSSIONS - YEVAMOS 55

Tuvya Marcus asks:

Does a Shifchah Charufah require Gmar Bi'ah k'Darkah or does it not matter? And where is the source?

Tuvya Marcus , Jerusalem Israel

The Kollel replies:

If I understand correctly, you are asking whether Bi'ah she'Lo k'Darkah is Chayav in the case of a Shifchah Charufah.

The Gemara in Kerisus 11b says that Bi'ah she'Lo k'Darkah by Shifchah Charufah is Patur, unlike all other Isurei Bi'ah. The Gemara learns this from the verse of Shifchah Charufah which specifies "Shichvas Zera," meaning that only Bi'ah that can cause impregnation is Chayav. This is also why, for Shifchah Charufah, Ha'ara'ah is also not enough to be Chayav, since the verse requires a kind of Bi'ah that can cause impregnation.

The Rambam (Hilchos Isurei Bi'ah 3:15) records this as the Halachah. (In some older editions, this passage is missing from the Rambam for some reason, perhaps because of the censor).

On the other hand, the Ramban and Rashba here (Yevamos 55a) say that the Gemara in Kerisus is not the consensus, and they show that there are two opinions (Rav Yehudah and Rabanan above, 34b) how to learn the Pesukim. The Rabanan hold that Bi'ah she'Lo k'Darkah for a Shifchah Charufah is Chayav too, just like all other Isurei Bi'ah.

Regarding Ha'ara'ah, also the Ramban and Rashba agree that such a Bi'ah is Patur for Shifchah Charufah. ?

Kol Tuv,

Aharon Steiner