1)

(a)A similar incident occurred in Masa Mechsaya. What did the younger brother say to the Yavam, when he, like the Yavam in Pumbedisa, offered to share the property with him? What did he have to say about the residents of Pumbedisa?

(b)How did the Yavam attempt to convince him not to stop him from going ahead with the Yibum?

(c)But Mar bar Rav Ashi ruled otherwise, in spite of a statement of Rav Dimi Amar Rebbi Yochanan. What did Rav Dimi Amar Rebbi Yochanan say?

(d)Why did Mar bar Rav Ashi decide that Rebbi Yochanan's ruling was not appropriate in our case?

1)

(a)A similar incident occurred in Masa Mechsaya. When the Yavam offered to share the property with his younger brother - the latter initially declined to accept his offer, because he suspected that they would do to him like 'the swindlers of Pumbedisa', who negated the Yavam's gift.

(b)The Yavam attempted to convince him not to stop him from going ahead with the Yibum - by offering to give him the gift later, but that he should acquire it already now with a Kinyan that would work retroactively from the time that he performed Yibum.

(c)But Mar bar Rav Ashi ruled otherwise, in spite of a statement of Rav Dimi Amar Rebbi Yochanan - who said that if a person acquires a cow with the intention of taking ownership after thirty days, then in thirty days time, he will acquire it even if, at the end of thirty days, it is standing in a public meadow (where normally, one cannot acquire a cow).

(d)Mar bar Rav Ashi decided that Rebbi Yochanan's ruling was not appropriate in our case - where even if he had wanted to acquire it now, he could not have done so (and a Kinyan works retroactively only by an article that one has the option of acquiring immediately).

2)

(a)How do we reconcile Rebbi Yochanan's previous ruling with the ruling of Ravin in his name (that, even when it is possible to acquire the object now, his Kinyan now cannot acquire it later)?

(b)They asked Ula what the Din will be if the Yavam shares his deceased brother's property with his younger brother after he has performed Yibum. What did he reply?

(c)They then asked him what the Din would be if he divided the property with him before Yibum. How do we respond to Rav Sheshes, who asked that, seeing as Ula's reply to the first She'eilah was in the negative, what was the point of the second She'eilah?

(d)What is the final ruling in this matter?

2)

(a)We reconcile Rebbi Yochanan's previous ruling with the ruling of Ravin in his name (that, even when it is possible to acquire the object now, his Kinyan now cannot acquire it later) - by establishing the latter ruling when he failed to stipulate that the Kinyan was retroactive.

(b)They asked Ula what the Din would be if the Yavam shared his deceased brother's property with his younger brother after performing Yibum. He replied - that the transaction would be invalid.

(c)They then asked him what the Din would be if he divided the property before Yibum. When Rav Sheshes asked that, seeing as Ula's reply to the first She'eilah was in the negative, what was the point of the second She'eilah - we replied that the two She'eilos were asked independently by two different people, and that the second person one was unaware of the first She'eilah.

(d)The final ruling in this matter is - that whenever the Yavam shared his deceased brother's property with his younger brother, before the Yibum or after it, his gift is invalid (like Rav Yosef).

3)

(a)The Chachamim in our Mishnah said that fruit that is attached to the ground belongs to him (i.e. to the Yavam). What problem do we have with that?

(b)So how does Resh Lakish amend the Mishnah?

3)

(a)The Chachamim in our Mishnah said that fruit that is attached to the ground belongs to him (i.e. to the Yavam) - a problem, in view of what we learned that all the deceased husband's property is Meshubad towards the Yevamah's Kesubah.

(b)Resh Lakish therefore changes the text - from 'she'Lo' to 'she'Lah'.

4)

(a)The Tana of our Mishnah states that the moment the Yavam performs Yibum, the Yevamah becomes his wife, teaching us that should he wish to divorce her, she will require a Get, and that he will be permitted to remarry her. Why is it not obvious that ...

1. ... she will require a Get?

2. ... he will be permitted to remarry her?

(b)What do we learn from the Pasuk in Ki Setzei "u'Lekachah Lo l'Ishah"?

4)

(a)The Tana of our Mishnah states that the moment the Yavam performs Yibum, the Yevamah becomes his wife, to teach us that should he wish to divorce her, she will require a Get, and that he will be permitted to remarry her. It is not so obvious that ...

1. ... she will require a Get - because we may otherwise have learned from "v'Yibmah" that, even after he has performed Yibum, she remains his Yevamah, who can only be released through Chalitzah, and not through a Get.

2. ... he will be permitted to remarry her - because we may otherwise have thought that having performed the Mitzvah of Yibum, once she is divorced from him, she reverts to her former statue of Eshes Achiv.

(b)We learn from the Pasuk in "u'Lekachah Lo l'Ishah" - that once the Yavam performs Yibum, the Yevamah becomes his wife (and the title 'Eshes Ach' is removed once and for all).

82b----------------------------------------82b

5)

(a)Why is the Kesubah paid out of the estate of the Yevamah's first husband (rather than out of the Yavam's)?

(b)So why did Chazal institute that, should the first husband not have left an estate, the Yavam must write her a Kesubah?

(c)Having informed us that the Yavam is not permitted to tell the Yevamah that her Kesubah is on the table, why does the Tana then need to teach us that the same applies to a husband vis-a-vis his wife?

(d)What do we learn from the Mishnah 'Girshah, Ein Lah Ela Kesuvasah? What does this statement imply?

5)

(a)The Kesubah is paid out of the estate of the Yevamah's first husband (rather than out of the Yavam's) - because the Torah presented him with the gift of a wife (relieving him of the onus of writing a Kesubah).

(b)Chazal nevertheless instituted that, should the first husband not have left an estate, the Yavam must write her a Kesubah - so that it should not be too easy for him to divorce her.

(c)Having informed us that the Yavam is not permitted to tell the Yevamah that her Kesubah is on the table - the Tana nevertheless needs to teach us that the same applies to a husband vis-a-vis his wife - because we would otherwise have thought that a woman relies on the clause that he inserts in the Kesubah, rendering all property that he has bought and that he will buy is Meshubad to her Kesubah (which does not apply to a Yavam (see Tosfos end of previous Daf).

(d)We learn from the Mishnah 'Girshah, Ein Lah Ela Kesuvasah' - that before the divorce, the Yavam is forbidden to sell any of his brother's property (like Rebbi Aba taught on the previous Daf). The fact that all the Yavam's property is Meshubad towards her Kesubah is only sound advice (as we learned earlier).

6)

(a)We will learn in a Mishnah in Perek ha'Kosev, that if a man remarries his divorcee, she receives only the first Kesubah. In that case, why did our Tana find it necessary to repeat this Din in the case of a Yavam, who divorces his Yevamah and remarries her?

6)

(a)We have learned in a Mishnah later in Perek ha'Kosev, that if a man remarries his divorcee, she receives only the first Kesubah. The Tana nevertheless finds it necessary to repeat this Din in the case of a Yavam, who divorces his Yevamah and remarries her - because (unlike the case of a regular wife), he did not write the first Kesubah, in which case we would have thought that, should he divorce and remarry her, he should now be obligated to do so.

7)

(a)Why did the women initially refuse to marry?

(b)What did Shimon ben Shetach do to change matters?

7)

(a)The women initially refused to marry - because they were afraid that, seeing as nothing was done to safeguard their Kesubah, when their husbands died, the heirs would simply hide the money that they had inherited, on order to avoid having to pay them their Kesubah.

(b)Shimon ben Shetach changed matters - by instituting that every husband inserts a clause mortgaging all his property to the Kesubah.

8)

(a)Before Shimon ben Shetach's Takanah, they instituted placing the money for her Kesubah in her father's house. Why did that Takanah backfire?

(b)So they instituted placing the money in the husband's house. What did ...

1. ... the wealthy women begin doing with the money?

2. ... the poor women begin doing with it?

(c)However, that Takanah did not work out either. Why did they think it would?

(d)What actually happened?

8)

(a)Before Shimon ben Shetach's Takanah, they instituted placing the money for her Kesubah in her father's house. But that Takanah backfired - because a husband would get angry and simply order his wife to leave and go and 'join her Kesubah'.

(b)So they instituted placing the money in the husband's house. The ...

1. ... wealthy women began melting down the silver and the gold and making silver and golden baskets with it.

2. ... poor women began making chamber-pots (see also Tosfos DH Avit') with the money.

(c)However, that Takanah did not work out either. They thought it would - because at least then the designated Kesubah was serving some beneficial purpose in the home, which might deter the husband from divorcing his wife.

(d)But when the husband became angry - he simply told her to take her Kesubah and leave.

Hadran Alach 'ha'Ishah she'Naflu'