REVACH L'DAF
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SUMMARY
If a person is married to one of the 15 Arayos and he divorces her with a Safek Get, the Tzarah does not require Chalitzah. We are afraid that if we allow the Yavam to do Chalitzah, he might do Yibum instead. Yibum is certainly forbidden since she has a Chazakah that she is permitted to remarry without Chalitzah or Yibum. (1)
A man is married to his niece. Both are killed when a house collapses on them, and it is not known who died first. The Tzarah requires Chalitzah and is forbidden to do Yibum. (2)
If a person throws a Get to his wife and it lands closer to the wife, it is a valid Get. If it lands closer to the husband, it is an invalid Get. If it lands halfway between them, it is a Safek Get.
If a husband throws a Get to his wife and one set of witnesses say that it landed closer to him, and one set of witnesses say that it landed closer to her, according to Rabah and Rav Yosef it is a Safek Get. If he is a Kohen, she is forbidden to him. If she is an Ervah to the brother, and the husband dies without children, the Tzarah requires Chalitzah. (3)
If two sets of witnesses contradict each other about whether a person sold a property while he was sane or while he was insane, since it is a Safek the property remains in the Chazakah of the seller.
Abaye and Rava agree that if a person is married to one of the 15 Arayos and he divorces her with a Safek Get, the Tzarah requires Chalitzah before she may remarry.
A Kidushin document does not require a date, because most people do not use a document for Kidushin. Alternatively, no date is required because even if it would have a date, the document could not be used to prove that a woman had an illicit relationship after the date of the Kidushin. (4)
A document used to buy a servant requires a date, since most people use a document when buying a servant.
There are three married brothers. The first brother dies without children, and the second brother does Ma'amar to his Yevamah and then he dies. The third brother must do Chalitzah to both Yevamos, but not Yibum, because the Yevamah is regarded as someone who has Zikah from two people. The Rabanan decreed that Yibum may not be done, because of the concern that people might think that one may do Yibum with two Yevamos who fall from the same brother.
Rebbi Shimon says that if the second brother does Ma'amar with the Yevamah of the first brother and then he dies, the Yavam may do Yibum with the Yevamah of one of the brothers and Chalitzah with the other. (5)
A BIT MORE
1. However, in a case in which a man performs a Safek Kidushin with one of the 15 Arayos, we are not worried that if we allow the Yavam to do Chalitzah he may do Yibum instead, because even if he does Yibum there is no Isur, since the Tzarah has a Chazakah that she is permitted to the Yavam. It is only a stringency that we do not allow her to do Yibum.
2. Although the Tzarah has a Chazakah that she is permitted to remarry without Chalitzah, we are stringent and require Chalitzah. There is no concern that the Yavam will do Yibum instead, because such a scenario is very uncommon, and in such a case the Rabanan do not apply their decree that she may not do Chalitzah lest they end up doing Yibum. Alternatively, in the case of a Safek Get, if Chalitzah is allowed, the Yavam might think that the Rabanan decided that it was a good Get and thus he may do Yibum. In contrast, in the case of a house that falls, no one will think that the Rabanan could have known who died first.
3. Since two sets of witnesses contradict each other, it is regarded as a Safek d'Oraisa. Therefore, the Tzarah cannot rely on the Chazakah that allows her to remarry without Chalitzah, and she requires Chalitzah from the Yavam. However, if one witness contradicts a second witness, that is regarded as merely a Safek mid'Rabanan, and she may rely on her Chazakah and she does not require Chalitzah.
4. This is because if she did in fact stray after the date of the Kidushin, she will tear up the document so that it cannot be used against her. If the document is held by her husband, perhaps the husband will feel bad for her (for example, she is his niece) and he will tear it up to cover up for her. Even if we leave the document with the witnesses, they could not rely on the document for their testimony if they do not remember the date on their own, because witnesses may not base their testimony on the content of a document.
5. Rebbi Shimon maintains that it is a Safek whether Ma'amar is a complete Kinyan or whether it does not work at all. If Ma'amar is a Kinyan, then it is a case of two Yevamos who fell from one brother, and he may do Yibum with one and the other is exempt. If Ma'amar is not a Kinyan, then it is a case of two Yevamos falling from two different brothers, and the Yavam may do Yibum with both. Since it is a Safek, the Yavam shall do Yibum with one and Chalitzah with the other.
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BRIEF INSIGHT
A DATE ON A PURCHASE DOCUMENT
Rashi says that the document used to purchase a servant requires a date. Tosfos asks that it is not stated anywhere that the date must be written on a document that is used to purchase something. Moreover, if, for some reason, a date must be used for a purchase document, why does the Gemara ask from the purchase of a servant and not from the purchase of anything else? Therefore, Tosfos concludes that the Gemara is not talking about a document used to purchase a servant. Rather, it is referring to a document that is used to free a servant. A date must be used so that we will know exactly when the servant was freed, and from that time he is permitted to marry a Jewess and is forbidden to marry a maidservant.
QUICK HALACHAH
TESTIFYING FROM A DOCUMENT
As long as a person remembers his testimony, he may testify and does not need to be concerned that since the event occurred a long time ago he does not remember it properly. Even if he remembers the testimony only by means of a reminder from a note that he made at the time of the occurrence, he may testify if he recalls the event on his own and the note is only used as a reminder. (Shulchan Aruch CM 28:13)
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