12th CYCLE DEDICATIONS
 
YEVAMOS 31-35 - Mrs. Rita Grunberger of Queens, N.Y., has dedicated a week of Dafyomi material in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and he is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

[31a - 41 lines; 31b - 35 lines]

1)[line 2]ליתניLISNI- let it teach in the Mishnah [a case in which the it was unclear whether the Get was closer to him or to her]

2)[line 5]ותתייבם ואין בכך כלוםV'TISYABEM V'EIN B'KACH KLUM!- so let her perform Yibum without a worry [since that is the actual Halachah]!

3)[line 7]בת אחיוBAS ACHIV- his brother's daughter [to whom he is married, along with another unrelated woman]

4)[line 14]לא גזרו בהו רבנןLO GAZRU B'HU RABANAN- [a house falling down is uncommon, so] the Rabanan did not enact a decree

5)[line 14]מפולתMAPOLES- a structure that collapsed

6)[line 15]דקיימא ערוהKAIMA ERVAH- since, in the case of divorce, the Ervah is alive, people will think that the Chachamim verified that the divorce was valid and they will permit Yibum with the Tzarah

7)[line 16]מוכחMUCHACH- it is obvious [that since the Ervah is alive, the divorce was valid and one may do Yibum with the Tzarah]

8)[line 16]קמוKAMU- the Rabanan looked into the case and established for certain that the Get must be valid

9)[line 18]מי קמו בהו רבנן במפולתMI KAMU B'HU RABANAN B'MAPOLES?- are the Rabanan able to know for certain [what happened] in the case of Mapoles?

10)[line 23]אסורה ליהASURAH LEI- [in the case where she is "divorced and not divorced," if he is a Kohen] she is forbidden to him

11)[line 27]כיתי עדיםKITEI EDIM- a pair of witnesses

12)[line 28]דהוה ליה ספיקא דאורייתאD'HAVAH LEI SEFEIKA D'ORAISA (TREI U'TREI)

(a)When two pairs of witnesses ("Trei u'Trei") contradict each other, a situation of doubt (Safek, or Sefeika in Aramaic) is created. The Amora'im argue as to whether we may follow the Chazakah (the situation as it stood until now) in order to resolve the doubt.

(b)The opinion that rules "Trei u'Trei Sefeika d'Oraisa" holds that an absolute situation of doubt is created by the contradiction. It is impossible to resolve the doubt even on the basis of a Chazakah (i.e., the maintenance of the status quo). The opinion that argues and rules "Trei u'Trei Sefeika d'Rabanan" holds that the Torah allows us to rely on the Chazakah to resolve the doubt that is created by the contradictory testimonies of the two pairs of witnesses. Only mid'Rabanan are we Machmir to consider the situation a Safek.

13)[line 29]בכת אחתKAS ACHAS- one pair of witnesses

14)[line 32]גרושיןGERUSHIN- also in the case of divorce (in the Mishnah when the Get was Safek Karov Lo, Safek Karov Lah), there is one pair of witnesses in the case of divorce

15)[line 33]אי בב' כיתי עדים תתייבם ואין בכך כלוםIY BI'SHTEI KITEI EDIM, TISYABEM V'EIN B'CHACH KLUM!- (According to Rashi, the Gemara is asking that when two pairs of witnesses contradict each other we should rely on the Chazakah to permit the woman to undergo Yibum. The Gemara immediately counters that, as was stated just a few lines earlier, we do not rely on a Chazakah when two pairs of witnesses contradict each other. Rather, "Trei u'Trei Sefeika d'Oraisa.")

16)[line 37]אוקי תרי לבהדי תריUKI TREI LEB'HADEI TREI- set up two against two (and let the two sets of witnesses cancel each other, and then we may follow the Chazakah that the property belongs to Bar Shatya)

17)[line 38]מידי דהוה אנכסי דבר שטיאMIDI D'HAVA A'NICHSEI D'BAR SHATYA- it is similar to the case of the sale of the property of Bar Shatya, a person who was at times normal and at times senseless or deranged (lit. a fool)

18)[line 39]בי תריBEI TREI- two people (witnesses)

19)[line 40]כשהוא חלים זביןKESHE'HU CHALIM ZAVIN- he sold his properties when he was sane

20)[line 40]שוטהSHOTEH - (lit. a fool) a person who is mad or deranged

(a)A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits a form of irrational behavior.

(b)A Shoteh is exempt from performing Mitzvos and is not punished for his transgressions. His purchases and sales are meaningless and are not binding.

31b----------------------------------------31b

21)[line 1]וארעאV'AR'A- and the land

22)[line 2]"יגיד עליו ריעו...""YAGID ALAV REI'O..."- "The noise of the storm tells of it..." (Iyov 36:33) - Abaye takes this verse out of context, using it to mean, "His companion will testify about it," as he proceeds to explain.

23)[line 4]מאי זהו דקתניMAI ZEHU DEKA'TANI?- what does, "This is the case," come to exclude?

24)[line 11]משום פיריMI'SHUM PEIRI- the date on a Get is to clarify from when the husband lost rights to receive Peiros (the yield of her property)

25)[line 11]ארוסהARUSAH- if he is engaged to his wife, he does not get any Peiros until after marriage

26)[line 12]משום בת אחותוMISHUM BA ACHOSO- (lit. because of the daughter of his sister) According to one opinion, writing the date in a Get is done in order to prevent a husband from saving his wife from execution if she had adultery (by giving her a Get without a date, so that she may claim that she was divorced at the time she had relations with the second man), such as when he is married to his sister's daughter, on whom he has compassion.

27)[line 15]עבדאAVDA- [the sale of] a slave

28a)[line 18]לינחה גבי דידהLINCHAH GABEI DIDAH- [if we would] let it (the document) stay with her

b)[line 19]מחקה ליהMACHKAH LEI!- she will erase it!

29)[line 20]ומחפהU'MECHAPEH- and he will have compassion on her

30)[line 21]אי (דזכירי) [דכירי] ליתו ליסהודIY (D'ZECHIREI) [DECHIREI], LEISI LI'SEHOD!- if they remember the date, let them come and give testimony!

31)[line 22]דחזו מכתבאD'CHAZU MI'CHESAVA- they will testify on what they see written

32)[line 23]מפיהם ולא מפי כתבםMI'PIHEM V'LO MI'PI KESAVAM - "From their mouths but not from their writings" (EDUS: VERBAL AND WRITTEN)

(a)With regard to giving testimony, the Torah commands that testimony be accepted specifically from the mouths of the witnesses themselves, and not from any document or written report that they send to Beis Din.

(b)The Rishonim argue about the limitations of this Halachah:

1.RASHI (Devarim 19:15) writes categorically that witnesses may not send to Beis Din any written testimony. (This does not disqualify the use of a Shtar (document of sale or transfer) in court, because a Shtar is prepared with the consent of the parties involved, and not by the witnesses themselves - BA'AL HA'ME'OR, ad loc.)

2.According to Rabeinu Tam (cited by TOSFOS DH d'Chazu), the Halachah of mi'Pihem v'Lo mi'Pi Kesavam does not invalidate written testimony. Rather, it only restricts testimony in two situations: a. Witnesses who are mute and cannot testify; b. witnesses who forgot their testimony and must use notes or written reports in order to testify (such as in a case where they recorded details of what they saw before they forgot the incident).

3.RI (TOSFOS ibid.) claims that even if witnesses forgot the incident, they may still give testimony based upon notes or a written report, as long as they testify about what they saw in the written report. They may not testify about the incident itself, as if they remember it presently.

33)[line 24]להצלה דידהL'HATZALAH DI'DAH- the Get saves hers [so she fears to erase the date]

34)[line 27]מאמרMA'AMAR (MA'AMAR YEVAMIM)

(a)If a married man dies childless, his widow may not marry whomever she pleases. She first must undergo Yibum (levirate marriage, that is, she must marry her dead husband's brother), as the Torah states in Devarim 25:5-10. The only way to perform Yibum mentioned in the Torah is through marital relations with her. Giving her money (Kidushei Kesef) or a document (Kidushei Shtar) does not achieve marital ties between them as it does with a woman who is not a Yevamah (GEMARA Kidushin 4b). As RASHI writes (Yevamos 52a DH Nasan), it is impossible to effect Kidushin with one's brother's wife because Kidushin do not "take hold" ("Einam Tofsin") on an Ervah (see Insights to Yevamos 20:3).

(b)However, Chazal did enact a process called "Ma'amar" for a Yevamah, in which the Yavam can "effect Kidushin" with his Yevamah in a manner equivalent to Kidushei Kesef or Shtar in normal Kidushin. They decreed that a Yavam should make "Kidushei Ma'amar" before he has relations with her for the sake of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a). Kidushei Ma'amar are like an introduction to the act of Yibum. If the Yavam decides not to go through with the Mitzvah of Yibum, he must give the Yevamah a Get to remove the status of Ma'amar. (The Gemara (Yevamos 19b) discusses whether this "Kidushin" is identical to normal Kidushin, and may not be performed against the will of the woman, or if it is slightly similar to the Mitzvah of Yibum, and therefore may be performed against her will.)

(c)Since Ma'amar does not effect a full acquisition of the Yevamah as the wife of the Yavam as does Yibum, the bond of Zikas Yibum between them still exists. Therefore, if the Yavam wishes to divorce the Yevamah after Ma'amar, a Get (bill of divorce) is not enough; he must perform Chalitzah in order to render her free to marry whomever she pleases, besides divorcing her with a Get. Thus, if the Yavam wants to "divorce" the Ba'alas ha'Ma'amar before Yibum, he must both give her a Get and perform Chalitzah.

(d)According to the conclusion of the Gemara (Yevamos 29b, as understood by most of the Rishonim), Beis Shamai disagrees with what has been presented above, and rules that Ma'amar effects a full acquisition of the Yevamah mid'Oraisa, not only mid'Rabanan. According to some Amora'im, Beis Shamai even rules that if the Yavam wants to divorce the Yevamah after Ma'amar, a Get is enough and Chalitzah is not required (ibid.). (However, RASHI (Yevamos 29b DH Hashta) explains that even according to Beis Shamai, Ma'amar is only mid'Rabanan, see Insights ibid.) Other Tana'im are in doubt as to whether Ma'amar effects a marriage to the Yevamah mid'Oraisa or only mid'Rabanan (Rebbi Shimon, Yevamos 18b).

35)[line 28]"ומת אחד מהם... יבמה יבא עליה...""U'MES ACHAD ME'HEM… YEVAMAH YAVO ALEHA..."- "[If brothers dwell together], and one of them dies [and has no child]... her husband's brother shall come to her and take her as a wife and perform Yibum..." (Devarim 25:5).

36)[line 29]זיקת יבם אחדZIKAS YAVAM ECHAD- she has Zikah (she is bound to do Yibum) because of one brother

37)[line 30]רבי שמעון אומרREBBI SHIMON OMER...- Rebbi Shimon says that Levi may do Yibum with whichever woman he wants, and then Chalitzah to the other

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