12th CYCLE DEDICATIONS
 
YEVAMOS 50 - In loving memory of David J Mizrahi (David ben Adele), whose warmth and kindness made him loved by all. Your memory is with us always. By his brother in law, Michael M. Missry

[50a - 26 lines; 50b - 35 lines]

1)[line 1]שני דורותSHNEI DOROS- the years of the generations [as predetermined by HaSh-m]

2)[line 3]מוסיפים לוMOSIFIN LO- they add [years] to his [life]. This is implied by the word "Amalei", since one who lives longer has a fuller life (ME'IRI).

3)[line 5]משלו הוסיפו לוMISHE'LO HOSIFU LO- they added [those] years [that had been taken away] from him [when he fell ill prematurely]

4)[line 7]"... הִנֵּה-בֵן נוֹלָד לְבֵית-דָּוִד; יֹאשִׁיָּהוּ שְׁמוֹ...""... HINEI VEN NOLAD L'VEIS DAVID; YOSHIYAHU SHEMO..." - "[And he called out toward the altar upon the word of HaSh-m, and he said, 'Mizbe'ach, Mizbe'ach! So says HaSh-m:] Behold a son will be born to the house of David; his name will be Yoshiyahu [-- and he will slaughter upon you those priests of the altars who offer sacrifices upon you, and he will burn human bones upon you]'" (Melachim I 13:2) (IDO HA'NAVI AND THE MIZBE'ACH OF YERAV'AM)

(a)When the ten Shevatim other than Yehudah and Binyamin split from the kingdom of Rechav'am, grandson of Shlomo, they appointed the (then) righteous Yerav'am ben Nevat as their king. He did not wish to appear inferior to his counterpart during the festival pilgrimage to the Beis ha'Mikdash. This would happen, he feared, when his subjects saw that he stood along with everyone else in the Azarah (courtyard of the Beis ha'Mikdash), while Rechav'am was able to sit. Only a king of Yehudah is permitted to sit in the Azarah. Yerav'am therefore appointed sentries to prevent his subjects from fulfilling the Mitzvah of visiting Yerushalayim during the festivals, lest they return to the kingdom of Yehudah.

(b)To compensate them, Yerav'am erected two golden calves — one in the southern town of Beis El and one in the northern town of Dan — before which he instructed his subjects to offer sacrifices. He appointed priests to serve these idols who were not from the tribe of Levi. In addition, he concocted a new festival that was to fall on the fifteenth of Cheshvan.

(c)On this festival, Yerav'am himself ascended the altar in Beis El and was about to offer Ketores (incense) to the calf. At that moment Ido ha'Navi arrived from Yehudah, prophesying the words above.

(d)In our Gemara, Rebbi Akiva contends that the foretelling of the birth of Yoshiyahu, who was descended from Chizkiyahu, disproves the opinion of the Chachamim. If, as the Chachamim maintain, Chizkiyahu fathered children only in those years which were granted him just before he was to die, how could the birth of his descendant have been foretold?

5)[line 11]שנהSHANAH- taught

6)[line 11]משנה שאינה צריכהMISHNAH SHE'EINAH TZERICHAH- [this is] a Mishnah that is unnecessary [since a) the Torah makes it clear that the sister of one's wife is permitted after her death (RASHI); b) if the sister of one's wife is permitted after her death, certainly the sister of one's Yevamah is permitted after her death (TOSFOS DH Shanah)] (see also Insights)

PEREK #5 RABAN GAMLIEL

7)[line 14]אין גט אחר גטEIN GET ACHAR GET - A Divorce Document Given to a Yevamah (GET YEVAMIN)

(a)Mid'Oraisa, the only action through which a Yavam can release his Yevamah is one of Chalitzah, which allows her to marry anyone whom she pleases. Chazal, however, decreed that just as a Get (divorce document) affects an unmarried woman, it affects a Yevamah as well. This is called a Get Yevamim.

(b)If a Yavam presents his Yevamah with a Get, neither he nor any of his brothers may perform Yibum with her any longer. She requires Chalitzah, however, before marrying another. Furthermore, the Yavam who gave this Get may not marry any of his Yevamah's relatives, just as if she had been married to him and subsequently divorced.

(c)If a Yavam betroths his Yevamah through Kidushei Ma'amar (see next entry) and then decides that he does not wish to marry her, she requires a Get to counteract the Ma'amar, as well as Chalitzah to counteract the Zikah.

(d)Raban Gamliel rules that if a Get is presented to more than one Yevamah, the second one accomplishes nothing. The Yavam who presented it may still marry her relatives if he so wishes.

8)[line 15]לא מאמר אחר מאמרLO MA'AMAR ACHAR MA'AMAR

(a)Mid'Oraisa, the only action through which a Yavam can marry his Yevamah is one of Bi'ah (marital relations), which is a fulfillment of the Mitzvah of Yibum. Chazal, however, decreed that just as Kidushin (betrothal; see Background to 20:18) affects an unmarried woman, it takes effect in a Yevamah as well. This is called "Ma'amar". This implies that instruction ("Ma'amar") of the Chachamim (HAGAHAH to SHULCHAN ARUCH EVEN HA'EZER 170:2).

(b)If a Yavam giving his Yevamah an object worth at least a Perutah (small coin) for the purposes of betrothal (Kidushei Kesef) or a document upon which these intentions are written (Kidushei Shtar), this has two consequences. One is that only that Yavam may now perform Yibum; his brothers may not. The second is that should he change his mind and wish to divorce her, he must give her a Get (divorce document) in addition to performing Chalitzah. Furthermore, the Yavam who betrothed his Yevamah may not marry any of her relatives, even if he subsequently divorces her — just as if he had been fully married to her.

(c)Rav Huna maintains that the Chachamim require a Yavam to first make Kidushei Ma'amar before he has commences the relations which accomplish the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a).

(d)Raban Gamliel rules that if Ma'amar is performed to more than one Yevamah, the second one accomplishes nothing. The Yavam who performed it need not give her a Get, and he may still marry her relatives if he so wishes.

9)[line 19]כיצד?KEITZAD?- (the Mishnah now changes direction:) how is it [that the various options play out in a case involving one Yavam and one Yevamah]?

10)[line 22]צריכה גט וחליצהTZERICHAH GET V'CHALITZAH- she requires a Get [to counteract the Ma'amar] and Chalitzah [to counteract the Zikah — even according to Raban Gamliel, who agrees that Ma'amar takes effect after Get (and vice versa)]

11)[line 23]וחליצהV'CHALITZAH- and Chalitzah, even though he has performed a Mitzvah of Yibum mid'Oraisa. The Gemara explains why this is necessary.

12)[line 24]אין אחר חליצה כלוםEIN ACHAR CHALITZAH KLUM- no [action of Ma'amar (i.e., Kidushin) or Bi'ah] is effective after Chalitzah [to marry her or prohibit him from marrying her relatives]

13)[line 24]חלץ ועשה מאמר נתן גט ובעלCHALATZ V'ASAH MA'AMAR NASAN GET U'VA'AL- if he [first] performed Chalitzah and then performed Ma'amar or gave her a Get or had relations with her

14)[last line]אין אחר חליצה כלוםEIN ACHAR CHALITZAH KLUM- no [action of Ma'amar (i.e., Kidushin) or Bi'ah] is effective after Chalitzah [to marry her or prohibit him from marrying her relatives; and Chalitzah following Yibum accomplishes nothing whatsoever; and after a Get following Yibum no action of Ma'amar (i.e., Kidushin) or Bi'ah is effective to marry her or prohibit him from marrying her relatives] (see RASHI DH Teni and GEMARA 53a)

50b----------------------------------------50b

15)[line 1]אחת... ואחת...ACHAS... V'ACHAS...- both [in a case of]... and...

16a)[line 3]צריכות שני גיטיןTZERICHOS SHNEI GITIN- each of them requires a Get [since the Chachamim rule that even the second Get takes effect]

b)[line 3]וחליצהV'CHALITZAH- and [one of them requires] Chalitzah

17a)[line 4]צריכה גטTZERICHAH GET- [the one with whom Ma'amar was performed] requires a Get [to counteract the Ma'amar, since she is now forbidden to the Get given to her co-wife]

b)[line 4]וחליצהV'CHALITZAH- and [one of them requires] Chalitzah

18)[line 6]הראשונה צריכה גטHA'RISHONAH TZERICHAH GET- the first one [with whom Ma'amar was performed] requires a Get [to counteract the Ma'amar]

19)[line 7]צריכות הימנו חליצהTZERICHOS HEIMENU CHALITZAH- one of them requires Chalitzah from him

20)[line 8]וחליצהV'CHALITZAH- and Chalitzah, even though he has performed a Mitzvah of Yibum mid'Oraisa. The Gemara explains why this is necessary.

21)[line 10]אין אחר חליצה כלוםEIN ACHAR CHALITZAH KLUM- no [action of Ma'amar (i.e., Kidushin) or Bi'ah] is effective after Chalitzah [to marry her or prohibit him from marrying her relatives]

22)[line 12]אין אחר חליצה כלוםEIN ACHAR CHALITZAH KLUM- no [action of Chalitzah, Ma'amar (i.e., Kidushin), Get, or Bi'ah] is effective after Chalitzah [to either marry her or prohibit him from marrying her relatives; and no action of Bi'ah or Ma'amar (i.e., Kidushin) is effective following Yibum to either marry her or prohibit him from marrying her relatives; and after a Get following Yibum no action of Ma'amar (i.e., Kidushin) or Bi'ah is effective to marry her or prohibit him from marrying her relatives]; and Chalitzah following Yibum accomplishes nothing whatsoever]

23)[line 14]חלץ ועשה מאמר...CHALATZ V'ASAH MA'AMAR...- These Halachos are quoted word for word from the beginning of the Mishnah in order to point out the disagreement between the Chachamim and Rebbi Nechemyah regarding them.

24a)[line 17]בתחלהBI'TECHILAH- [the Chalitzah was performed] first

b)[line 17]באמצעB'EMTZA- [the Chalitzah was performed] between [the giving of a Get to one Yevamah and the performance of Ma'amar to another, or vice versa]

c)[line 17]בסוףB'SOF- [the Chalitzah was performed] after [the giving of a Get to one Yevamah and the performance of Ma'amar to another, or vice versa]

25)[line 19]יש אחריה כלוםYESH ACHAREHA KLUM- an action [of Ma'amar (i.e., Kidushin) or Bi'ah] following it [is effective to marry her or prohibit him from marrying her relatives, and he must perform Chalitzah in addition to giving her a Get if he wishes to divorce her, since mid'Rabanan he should not have performed that Yibum]

26)[line 24]מהני בעלמאMEHANI B'ALMA- it usually accomplishes something [when given to one's wife]

27)[line 25]גט להוציאהGET L'HOTZI'AH- a Get effects a divorce

28)[line 27]מהני בעלמאMEHANI B'ALMA- it usually accomplishes something [when performed with an unmarried woman]

29)[line 29]ביאה פסולה יש אחריה כלוםBI'AH PESULAH YESH ACHAREHA KLUM- one must perform Chalitzah in addition to giving a Get after relations performed for the sake of Yibum that mid'Rabanan should not have been performed [since it follows a Get or a Ma'amar] (see above, entries #11 and #20)

30a)[line 30]משום ביאה אחר חליצהMI'SHUM BI'AH ACHAR CHALITZAH- for [fear that one will assume that just as Bi'ah following a Get is a fully valid Yibum — as only a Get is required following it — so too one may still perform] Bi'ah following Chalitzah

b)[line 31]משום ביאה אחר ביאהMI'SHUM BI'AH ACHAR BI'AH- for [fear that one will assume that just as Bi'ah following a Ma'amar is a fully valid Yibum — as only a Get is required following it — so too one may still perform] Bi'ah [with another Yevamah] following Bi'ah [with the first]

31)[line 32]חליצה פסולה אין אחריה כלוםCHALITZAH PESULAH EIN ACHAREHA KLUM- one may still marry the relatives of a Yevamah whom he attempted to marry through Bi'ah or Ma'amar (i.e., Kidushin) even after performing Chalitzah when it was prohibited mid'Rabanan to perform Yibum [since it follows a Get or a Ma'amar]

32)[line 33]משום חליצה אחר חליצהMI'SHUM CHALITZAH ACHAR CHALITZAH- for [fear that one will assume that just as Chalitzah following a Get is a fully valid Chalitzah, so too one must perform] Chalitzah [with another Yevamah] following Chalitzah [with the first]

33)[line 33]כל כי הני תחלוץ ותיזיל!KOL KI HANI TACHALOTZ V'TEIZIL!- in any such case they may perform as many Chalitzos as they wish!

34)[line 34]משום חליצה אחר ביאהMI'SHUM CHALITZAH ACHAR BI'AH- for [fear that one will assume that just as Chalitzah following a Ma'amar is a fully valid Chalitzah, so too one may perform] Chalitzah after [fulfilling the Mitzvah of Yibum through] Bi'ah [in order to divorce his wife]

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