More Discussions for this daf
1. Yibum and Chalitzah 2. Melech being Me'aber Shanah 3. Aseh Docheh Lo Ta'asai
4. The Number of Dayanim in the Midbar 5. Killing of Rebbi Shimon and Rebbi Yishmael Kohen Gadol
DAF DISCUSSIONS - SANHEDRIN 18

Jeno Gal asked:

Hello We recently had in Sanhedrin where the Gemorah has a Haveh Amina that a Kohen Gadol should do Yibum with an Almanah Min Ha'eirusin. However, although he has an Assei of Mitzvas Yibum, what is her Assei that would be Doche her Lav of an Almanah marrying a Kohen Gadol? Thank You

Jeno G.

The Kollel replies:

Your question is asked by several Achronim. Baruch She-kivanta!

(1) The Minchas Chinuch (Mitzva 1:15 DH v'Hanireh) answers the question according to the Gemara Yevamos 84b where Rava states that the man is compared to the woman:- whenever the man is commanded against a forbidden relationship, the woman is also commanded against this; and conversely whenever the man is not commanded against it, the woman is also not commanded against it. Rashi explains that this is learned from the fact that the Torah uses the words "Lo Yikachu" ("he must not marry her") twice [in Vayikra 21:7], which teaches us that both the husband and wife possess the same prohibition.

Therefore since the Kohen Gadol should be allowed to marry the widow after Erusin according to the Haveh Amina of the Gemara, it follows that since he is allowed to marry her, she also is allowed to marry him, even though she does not have an Assai of Yibum. Parenthetically, even though Assai Docheh Lo Ta'asai is only a "Dechia" (meaning it is only pushed aside) and is not "Hutrah" (meaning it is not entirely permitted) nevertheless the above Gemara in Yevamos tells us that practically speaking the Din for the wife can never be more stringent than that of the husband. Therefore, if he is permitted she is automatically permitted).

(2) Minchas Chinuch there (DH u'Matzati) also cites the Pnei Yehushoua Kesubos 40a (DH b'Gemara Aval) who states a novel idea concerning the Mitzvah of Yibum, namely that the wife is also commanded to perform the positive Mitzvah of the Torah to do Yibum (it seems that because she helps and enables the husband to do the Mitzvah of Yibum, the Pnai Yehshua considers her also to be commanded in the Mitzvah). According to this, Assai Docheh Lo Ta'asai also applies for her because she also has the Assai.

(3) See also Tosfos Yom Hakipurim on Yoma 86b by the Maharam Chaviv (also cited by the above Minchas Chinuch) and see note 12 by Rabbi Akiva Eiger on the Tosfos Yom Hakipurim. I got my sources for this question from the Ohel Yaakov Marei Mekomos to Maseches Yevamos 20a [published by the Or Elchanan Yeshiva here in Yerushalayim]. This Sugya also appears in Sanhedrin.

Shavua Tov and Chodesh Tov

Dovid Bloom

Best wishes,

Mordecai Kornfeld

Kollel Iyun Hadaf

Jeno Gal asks:

Thank you for the informative answer. However an unbelievable Chidush seems to comes out according to the Pnei Yehoshua - that a woman is also included in the Mitzvah of Pru U'rvu since she enables him to do the Mitzvah. ( Is my assumption flawed ? )

Thank You

Jeno G

The Kollel replies:

I think your observation is correct and important and in fact we have a source for this in the words of the Ran in Kidushin (top 16b in Rif pages) who writes that even though a woman is not commanded in the Mitzvah of being fruitful and multiplying, nevertheless she does have a Mitzvah to get married because this way she helps her husband to fulfill his Mitzvah.

Kol Tuv

Dovid Bloom

M. Deutsch asks:

don't we hold in Perek 4 of Kidushin that the woman is not Metzuveh on the Isurei Kohen?

M. Deutsch

The Kollel replies:

It is true that the Gemara Kidushin 73a states that kosher women Kohanim are not warned against marrying invalid Kohanim. (Therefore the daughter of a Kohen may marry a Chalal - a male Kohen whose mother is a divorcee).

However the Gemara Yevamos 84b states that whenever there is a prohibition on the husband against getting married to the woman, it automatically follows that there is a reciprocal prohibition on the woman to marry the man. This means that since a Kohen Gadol must not marry a widow, or an ordinary Kohen must not marry a divorcee, there is automatically a prohibition on the widow or divorcee to marry the Kohen Gadol or ordinary Kohen respectively.

Consequently it is prohibited for the widow to marry a Kohen Gadol, but there is no prohibition for the daughter of a Kohen to marry a Chalal.

KOL TUV

Dovid Bloom