[20a - 50 lines; 20b - 54 lines]
1)[line 1]שמגרשה בגט ומחזירהMEGARSHAH B'GET U'MACHZIRAH- he may divorce [his Yevamah] with a document of divorce and then remarry her [and the prohibition against marrying one's brother's wife does not return]
2)[line 6]ומה ראיתU 'MAH RA'ISA?- and what did you see [to differentiate thusly between a brother born after his brother's death, who may not marry his Yevamah even though she had married a third brother in the interim, and a Yevamah who marries her Yavam, who is his wife in every respect]?
3)[line 6]שדי היתירא אהיתיראSHADI HEITEIRA A'HEITEIRA- apply the permission [to remarry] to [she who is] permitted [to marry her Yavam to begin with]
4)[line 6]ושדי איסורא אאיסוראV'SHADI ISURA A'ISURA- and apply that which [it] is forbidden [to marry the Yevamah] to [she whom it is conceivable to] forbid [due to that which she is Eshes Achiv she'Lo Hayah ba'Olamo]
5a)[line 14]האי איסורא דלית ליה היתיראHAI ISURA D'LEIS LEI HEITEIRA- this prohibition [of Eshes Achiv she'Lo Hayah ba'Olamo] is one that is never permitted
b)[line 14]האי איסורא דלית ליה היתיראHAI ISURA D'IS LEI HEITEIRA- this prohibition [of Achos Ishto] is one that is permitted [after the death of his wife]
6)[line 17]איסור מצוה ואיסור קדושהISUR MITZVAH V'ISUR KEDUSHAH- these terms are explained by our Mishnah and Gemara.
7)[line 18]אחותה שהיא יבמתהACHOSAH SHE'HI YEVIMTA- her sister who is her co-Yevamah [since their husbands, who were brothers, both died]
(a)In addition to the forbidden relationships (Isurei Ervah) prohibited by the Torah and punishable with Kares (Vayikra 18:6-30, 20:10-22, et. al.), the Chachamim decreed to prohibit certain relatives who are permitted mid'Oraisa. This decree of Sheniyos (lit. "secondaries") was meant to distance a person from engaging in relationships that are prohibited by the Torah. Although the Chachamim lent severity to this Isur by showing hidden inferences to Sheniyos from various verses in the Torah (Yevamos 21a), nevertheless the prohibition of Sheniyos is only mid'Rabanan. Therefore, if a man betroths a Sheniyah, his Kidushin is valid, and the resulting child is not a Mamzer as the child of an Ervah mid'Oraisa would be. If a Yevamah is a Sheniyah of the Yavam, she and her Tzarah (co-wife) must do Chalitzah and not Yibum.
(b)In some cases Sheniyos were prohibited only in a single generation, while in other cases they were prohibited in subsequent generations as well. For example, not only is one's mother's mother a Sheniyah, his mother's mother's mother is a Sheniyah as well; not only is one's son's daughter-in-law a Sheniyah, his son's son's daughter-in-law is a Sheniyah as well. The general rule is that if there is an Ervah mid'Oraisa in one generation (in the above example, one's mother or daughter-in-law) the associated Sheniyah was prohibited in all previous generations and subsequent generations as well; that is, the Sheniyah was prohibited "without a Hefsek" (RASHI 21a DH v'Eshes Achi ha'Av - There are several exceptions to this rule; see Chart #6 to Yevamos 21a-22a and footnotes 2, 3.)
(c)There are those who prohibited Sheniyos based on the principle that "any relative who, as a female, is Asur as an Ervah, as a male his wife is Asur mid'Rabanan (i.e. a Sheniyah)." For example, since a man's daughter's daughter is prohibited to him, the Chachamim decreed that the daughter-in-law of his daughter is prohibited to him as a Sheniyah (GEMARA Yevamos 21b; see TOSFOS ibid. DH Lo Asru)
9a)[line 22]ממזרתMAMZERES- the illegitimate daughter of those whose union is punishable by Kares (early death; see Background to 8:31), who may not marry a Jew of purer lineage
b)[line 22]ונתינהNESINAH (NESINIM)
(a)In the times of Yehoshua, the Giv'onim (members of the Chivi nation, one of the seven nations whom the Jewish people were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish people. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ("va'Yitenem..." - "And he appointed them...," Yehoshua 9:27) to perform the tasks of chopping wood and drawing water.
(b)The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. The Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak, and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).
10)[line 24]אילוניתAILONIS- a woman incapable of conception. This word is derived from the word "Ayil", a ram, which is a male and does not have a womb (Kesuvos 11a).
11)[line 24]וכדרב אסיUCHED'RAV ASI- and like the opinion of Rav Asi [who maintains that since an Ailonis has no Mitzvah of Yibum, she is an Ervah of Eshes Ach and therefore affects her co-wife as well (12a)]
12)[line 30]רמיאRAMYA- is placed
13)[line 33]מצוה לשמוע דברי חכמיםMITZVAH LI'SHMO'A DIVREI CHACHAMIM- it is a Mitzvah to listen to the Chachamim (see Devarim 17:11)
14)[line 36]"קדושים יהיו לאלהיהם...""KEDOSHIM YIHEYU LE'LOKEIHEM..."- "They should be holy to their G-d..." (Vayikra 21:6). This verse refers to Kohanim, thereby including the prohibition against a Kohen Gadol marrying a widow and a Kohen marrying a divorcee.
15)[line 39]"אלה המצות... ""ELEH HA'MITZVOS..."- "These are the commandments [that HaSh-m commanded Bnei Yisrael through Moshe on Har Sinai.]" (Vayikra 27:34) - This is the last verse in the Book of Vayikra; as such, it refers to all that is written within, including those prohibitions specific to Kohanim.
16)[line 42]קדש עצמך במותר לךKADESH ATZMECHA BA'MUTAR LECHA- sanctify yourself through [abstaining from] that which is permitted to you. This is carried out by the Chachamim when they institute decrees.
17)[line 43]קפסיק ותניKA'PASIK V'TANI- the Mishnah categorically teaches [that all widows are prohibited to a Kohen Gadol]
18)[line 43]הנשואין... האירוסיןHA'NISU'IN… HA'ERUSIN (ERUSIN V'NISU'IN)
(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:
1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zu" - "Behold you are betrothed to me through this (-----)".
2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li b'Shtar Zeh" must be written upon the Shtar.
3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zu." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.
(b)The Torah refers to this stage of marriage as "Eirusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of HaSh-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu). Although a man and women are married after Kidushin, they may not yet live together as man and wife.
(c)The second stage of Halachic marriage - the completion of the marriage - is termed Nisu'in. This is accomplished through Chupah. Chupah is never clearly described in the Gemara, and various opinions are offered by the Rishonim as to what exactly it entails (see Insights to Kesuvos 57:1). The general idea behind Chupah is that the groom brings his wife into his house. After the Chupah is performed, the marriage is complete.
19)[line 44]עשה ולא תעשהASEH V'LO SA'ASEH- a positive commandment [for the Kohen Gadol to marry a virgin (Vayikra 21:13)] and a negative commandment [for the Kohen Gadol not to marry a widow (Vayikra 21:14)]
20)[line 45]גרידאGEREIDA- at its most basic level
21)[line 45]יבא עשה וידחה לא תעשהYA'VO ASEH V'YIDCHEH LO SA'ASEH (ASEH DOCHEH LO SA'ASEH)
(a)When an Isur Lo Sa'aseh prohibits a certain action that prevents a person from performing a Mitzvas Aseh, the Torah states that the Aseh is able to "push aside" the Lo Sa'aseh. For example, when a person wants to wear a four-cornered linen garment, the Isur of Sha'atnez prohibits attaching woolen threads to it. However, the Mitzvah of Tzitzis requires adding threads of Techeles (that are made of wool) to this garment. The Torah commands that in this case the Mitzvas Aseh overrides the Lo Sa'aseh.
(b)The Tana'im argue as to the source of this Halachah. Some learn it from the fact that the Torah specifically wrote the Mitzvah of Tzitzis and the Isur of Sha'atnez as adjacent verses (Semuchin), an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others learn it from different sources (Yevamos 5a, Nazir 41a, 58a).
(c)Even though an Aseh normally overrides a Lo Sa'aseh, this is not the rule in every case. The Gemara explains that in certain instances, the Aseh does not have the power to override the Lo Sa'aseh. Some examples are:
1.A Lo Sa'aseh that is punishable by Kares is not pushed aside by an Aseh (Yevamos 3b).
2.An action that is prohibited by both a Lo Sa'aseh and an Aseh, is not pushed aside by a different Mitzvas Aseh (Chulin 141a). This is the case of our Gemara, where the Aseh of Yibum does not override the Lo Sa'aseh of a Kohen Gadol marrying an Almanah and the Isur Aseh of a Kohen Gadol not marrying a Be'ulah.
3.Only in a case where the performance of the Aseh coincides with the transgression of the Lo Sa'aseh did the Torah command that the Aseh takes precedence. If performance of the Aseh is only accomplished after the transgression of the Lo Sa'aseh, the Lo Sa'aseh is not pushed aside (Shabbos 133a). (There are those who write that if a person begins to perform a Mitzvas Aseh while transgressing a Lo Sa'aseh, even though the Aseh is not yet completed by the time the Lo Sa'aseh is transgressed, it pushes aside the Lo Sa'aseh - NIMUKEI YOSEF to Bava Metzia 33a).
4.If it is possible to perform the Aseh, in the case under discussion, without transgressing the Lo Sa'aseh (by performing the Aseh in a different way or at a different time), the Aseh does not push aside the Lo Sa'aseh (Yevamos 20b - see TOSFOS YESHANIM to Shabbos 25a). (The Rishonim argue as to whether an Aseh pushes aside a Lo Sa'aseh when it is possible to perform the Aseh without transgressing the Lo Sa'aseh, through the use of a certain item that the person does not currently have the means to obtain (RASHBA to Yevamos 4b).
(d)The Rishonim explored the possibility that an Aseh also does not push aside a Lo Sa'aseh in other cases:
1.When one person performs a Mitzvas Aseh by doing a certain action in which two people transgress the Lo Sa'aseh.
2.When the action is prohibited by two Mitzvos Lo Sa'aseh, and not only one (TOSFOS to Yevamos 3b DH Lo Sa'aseh).
3.When the action is prohibited in another instance by a Lo Sa'aseh and an Aseh, even though in the case at hand there is only a Lo Sa'aseh that prevents it (TOSFOS to Kidushin 34a DH Ma'akeh).
22)[line 46]"[ואם לא יחפץ האיש לקחת את יבמתו] ועלתה יבמתו השערה...""[V'IM LO YACHPOTZ HA'ISH LA'KACHAS ES YEVIMTO,] V'ALSAH YEVIMTO HA'SHA'ARAH ..."- "[And if the man does not wish to marry his sister-in-law,] then his sister-in-law should ascend to the gate (of Beis din)..." (Devarim 25:7). This verse describes the procedure of Chalitzah.
23)[line 48]"[ו]אם לא יחפץ האיש לקחת...""[V']IM LO YACHPOTZ HA'ISH LA'KACHAS ..."- see previous entry
24)[last line]כל העולה לייבום עולה לחליצהKOL HA'OLAH L'YIBUM OLAH L'CHALITZAH
(a)In any situation in which it is possible to perform the Mitzvah of Yibum (see Background to 2:2), one also has the option of performing the Mitzvah of Chalitzah (ibid.). If it is not possible for the Mitzvah of Yibum to be performed, then Chalitzah also is not necessary. The reason for this is that when a man dies childless, a connection known as "Zikah" forms between his widows(s) and his brother(s). Either Yibum or Chalitzah is necessary to dissolve this connection. Since the Zikah creates the situation allowing both Yibum and Chalitzah, neither is possible without the other (Yevamos 20a).
(b)Certain exceptions to this rule exist:
1.If the existence of Zikah is in doubt, the Yavam (brother of the deceased) must perform Chalitzah and not Yibum. This is because if there is no Zikah, then his late brother's wife is forbidden to him (Vayikra 18:16) (RASHI 3a DH Havah Amina).
2.If a Yavam may not marry his Yevamah due to a Rabbinic prohibition, then he must perform Chalitzah instead. This is because although he may not marry his sister-in-law, Zikah still exists mid'Oraisa. Therefore Chalitzah is necessary to dissolve it (Yevamos 20a).
3.If a Yavam is prohibited from marrying his Yevamah due to either a negative Torah prohibition that does not carry a punishment of Kares or a positive Torah commandment, then he still must perform Chalitzah. This is because these deterrents, while forbidding Yibum, are not strong enough to absolve the Zikah on their own (ibid., RASHI 9a DH v'Harei).
25)[last line]ומה ראיתU'MAH RA'ISA- and what did you see [to differentiate thusly between Isurei Lav that require Chalitzah and Isurei Kares that do not]?
26)[line 1]תפסיTAFSEI- take hold of
27)[line 7]הוא מותיב לה והוא מפרק להHU MOSIV LAH, V'HU MEFAREK LAH- he asked the question, and he himself answered it
28)[line 7]לצדדין קתניLI'TZEDADIM KA'TANI- lit. it was taught to the sides; i.e., not every teaching of the Mishnah applies to every case therein
29a)[line 9]פצוע דכאPETZU'A DAKA- one whose testicles are crushed [and who cannot have children as a result]
b)[line 10]וכרות שפכהU'CHERUS SHAFCHAH- one whose male organ is mutilated [and who cannot have children as a result]. Neither of these individuals may marry a Jewess capable of bearing children (Devarim 23:2; see below, entry #32). They may, however, marry a convert or a freed maidservant (Yevamos 76a).
c)[line 10]סריס אדםSERIS ADAM- one who is impotent as a result of human intervention
d)[line 10]והזקןVEHA'ZAKEN- and one who is too old to father children. Unlike the others mentioned in this list, a Zaken may perform Yibum and may remain married to his Yevamah.
30)[line 13]ונתנו גט וחלצוV'NASNU GET V'CHALTZU- or they gave her a divorce document or performed Chalitzah with her
31)[line 16]ואסור לקיימןV'ASUR L'KAIMAN- and they may not remain married to them [but rather must divorce them; see above, entry #29:b)
32)[line 17]"לא יבא פצוע דכה [וכרות שפכה בקהל ה']""LO YA'VO FETZU'A DAKAH [U'CHERUS SHAFCHAH BI'KEHAL HASH-M.]"- "One whose testicles are crushed [or whose male organ mutilated] may not enter [the congregation of HaSh-m]" (Devarim 23:2).
33)[line 21]"קדושים יהיו לאלהיהם...""KEDOSHIM YIHEYU LE'LOKEIHEM ..."- see above, entry #14
34)[line 23]"והתקדשתם [והייתם קדשים כי קדש אני]""V'HISKADISHTEM [VI'HIYESEM KEDOSHIM, KI KADOSH ANI ...]"- "... and make yourselves holy [and you will be holy, for I am holy...]" (Vayikra 11:44) - Although this verse refers to the avoidance of Tum'ah, the Gemara suggests that it should apply to one who follows all negative commandments.
35)[line 25]אלא אמר רבאELA AMAR RAVA- Rava now suggests a different answer for why a Kohen Gadol may not perform Yibum with a widow from Erusin if she remains a virgin
36a)[line 30]ייבום בנחלה תלא רחמנאYIBUM B'NACHALAH TALA RACHMANA- the Torah makes Yibum dependent upon inheritance; this means either that (a) one inherits his brother when he does Yibum with his brother's widow (Devarim 25:6; see 24a) (RASHI) or (b) the Mitzvah of Yibum applies only to brothers who inherit each other (see 18b) (RAMBAN), and only brothers who share a father inherit each other.
b)[line 31]מידע ידיעMEIDA YEDI'A- [and] one will [therefore] realize [that Yibum applies only to brothers who share a father and not to brothers who share only a mother]
37)[line 35]בישיבהBI'YESHIVAH- [the simultaneous] inhabitance [of the world] (see 17b)
38a)[line 38]ביאה ראשונהBI'AH RISHONAH- the first act of relations [between the Yavam and his Yevamah, through which the Mitzvah of Yibum is fulfilled]
b)[line 38]ביאה שניהBI'AH SHENIYAH- the second act of relations [between the Yavam and his Yevamah, done after the Mitzvah of Yibum is fulfilled]
39)[line 43]תיובתאTEYUVTA- the suggestion of Rava has been disproved. (Resh Lakish, however, has not been disproved; see 21a.) (RASHI, HAGAHOS MAHARAV RENSBURG, MAHARSHAL, and MAHARSHA)