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YEVAMOS 101

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SUMMARY A child has a doubt about which one of two men is his father. If he wounds or curses only one of them, he is exempt from punishment. If he does so to both of them, he is Chayav. (1)   A child who has a doubt about which one of two Kohanim is his father must go up to Yerushalayim for the Mishmar of both of them.   A child has a doubt about which one of two Kohanim is his father. If they are in the same Beis Av, he receives a portion of the Kodshim.   The Mitzvah of Chalitzah must be done in front of three people who know how to read the Parshah of Chalitzah. (2)   The judges of the Sanhedrin must be free from any physical blemish.   The judges must be able to see the spittle that comes out of the mouth of the Yevamah.   The Chalitzah may not be done in front of a Beis Din that consists of Gerim.   Chalitzah is not valid if it is done with footwear made from cloth.   At the time of the Chalitzah, all of the bystanders recite, "Chalutz ha'Na'al."   The elders advise the Yavam and Yevamah not to do Chalitzah if there is a wide gap in their ages.   Beis Shamai: Mi'un requires an expert Beis Din. Beis Hillel: Mi'un does not require an expert Beis Din. They both agree that it requires three judges. (3)   Rebbi Shimon: Semichah of Zekenim and Eglah Arufah require three judges. Rebbi Yehudah: They require five judges.   The judges for Chalitzah need to have an established place that is reserved for Chalitzah. A BIT MORE 1. Rebbi Yehudah says that if he curses or wounds both, one after the other, he is exempt, but if he curses or wounds both at the same time, he is Chayav. Some say that Rebbi Yehudah exempts him even if he curses or wounds them one after the other.   2. Rebbi Yehudah maintains that it must be done in front of five people.   3. Rebbi Yosi bar Yehudah and Rebbi Eliezer b'Rebbi Shimon maintain that Mi'un requires only two judges.

BRIEF INSIGHT SAFEK MITZVAS ASEH   The Gemara says that a son who has a doubt about which one of two Kohanim is his father must go up to Yerushalayim for the Mishmar of both of them. The reason why he must go to the Mishmar is that it is a disgrace for the family if he does not go. The Netziv says that Beis Din may force a person to perform a Mitzvas Aseh even though if it is only a Safek Mitzvah. However, in this case Beis Din would not force him to go up for the Mishmar without the reason of the disgrace of the family, because since he does not receive a portion of the gifts given to Kohanim (due to his doubtful status), he cannot do the Avodah. The Torah links the Avodah and the distribution of the portions to each other. Since he cannot do the Avodah, there is no point for him to go to Yerushalayim (if not for the reason of disgrace to the family). QUICK HALACHAH AN ESTABLISHED PLACE FOR CHALITZAH   L'Chatchilah, the judges must establish a designated place for the Chalitzah, and they must say, "Let us go to such and such a place for the Chalitzah." However, if they do not designate a place, the Chalitzah is valid b'Di'eved. Some designate a place the day before, and some do not designate a place until the day of the Chalitzah. (Shulchan Aruch EH 169:4)   The reason for designating a place for the Chalitzah is in order to publicize the Chalitzah. Therefore, the place should be at the highest part of the city. (Beis Shmuel)

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