YEVAMOS 57-58 (13-14 Tamuz) - Dedicated by Andy & Nancy Neff in honor of the completion of thirty days since the passing of Leah Miriam bat Yisroel (Lucy) Rabin. Beloved mother of Nancy Neff, Valerie, Doug and Andy Rabin, and wife of Sidney Rabin, Lucy Rabin was Nifteres this past 14th of Sivan.

[58a - 46 lines; 58b - 38 lines]

1)[line 10]נישאו זו וזו כשרות ופסולותNIS'U ZO V'ZO, KESHEIROS U'FESULOS- if a Kohen gets married to "these or these" [women], "permitted and prohibited" [women]

2)[line 12]ואוכלות בתרומהV'OCHLOS BI'TERUMAH (OCHLOS BI'TERUMAH)

A non-Kohen may not eat Terumah. A Kohen's wife, who is not herself a Kohenes, eats Terumah as long as her husband or any of their offspring are alive, as is learned from the verses (Vayikra 22:11, Bamidbar 18:11) and the Gemara (Nidah 44a). The Kohen's wife must be at least three years old for this Halachah to apply.

3)[line 13]מכלל דנישאו נישאו ממשMI'CHLAL D'NIS'U, NIS'U MAMASH?- Does this mean that the word "Nis'u" refers to actual marriage (where the marriage was consummated with relations)?

4)[line 25]ואנהרינהו לעיינין ממתניתיןV'ANHERINHU L'AININ MI'MASNISIN- and "lit up our eyes," i.e. brought us a proof from a Mishnah (Sotah 18a)

5)[line 26]ותנא תונאV'TANA TUNA- and it was taught in the Mishnah by our Tana (ibid.)

6)[line 27]שלא שטיתיSHE'LO SATISI - that I did not go into seclusion with the prohibited individual (SOTAH)

(a)A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Setirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband until she drinks Mei Sotah (see (c), below).

(b)The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.

(c)An earthenware jug is then filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, causing the ink to dissolve. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and had been defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she were faithful to her husband, she would remain unharmed and would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.

7)[line 29]דקני לה כשהיא ארוסהD'KANI LAH KESHE'HI ARUSAH- where the husband warned her not to seclude herself with a certain man while she was an Arusah (betrothed)

8)[line 33]ואיסתתרהV'ISTATRAH- and went into seclusion with him

9)[line 35]מנוקה מעוןMENUKEH ME'AVON- clear (lit. cleaned) of sin

10)[line 40]דהא מתרצתא היאD'HA METARTZESA HI- that this Mishnah is correct


11)[line 6]מאמרMA'AMAR

(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. It is called Ma'amar since it is an institution of the Chachamim ("Ma'amar Chachamim" - HAGAHAH to SHULCHAN ARUCH Even ha'Ezer 170:2). 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 discusses whether this "Kidushin" is exactly similar 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 - Yevamos 19b.)

(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'mar, 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 an marriage to the Yevamah mid'Oraisa or only mid'Rabanan (Rebbi Shimon, Yevamos 18b).

12)[line 11]מקניןMEKANIN- the husband can give her Kinuy (the warning described above, entry #6a)

13)[line 14]גלגולGILGUL- (lit. "rolling") the extension of an oath. If a defendant has to take an oath in Beis Din in response to one claim of a plaintiff, he can be required by that plaintiff to include within his oath a response to another outstanding claim from the same plaintiff. This extension applies even to affirmations that the defendant would not have been required to make otherwise.

14)[line 18]משתמרת לביאה פסולה לא אכלהMISHTAMERES L'VI'AH PESULAH LO ACHLAH- a woman who is reserved by a man to whom she is prohibited, for instance by Eirusin, Nisu'in, or Zikah, does not eat Terumah

15)[line 24]חללCHALAL

(a)The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute ("Zonah" - see Background to Yevamos 59:22), or Chalalah (Vayikra 21:14). An ordinary Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The prohibited union also renders the woman a Chalalah. The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.

(b)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.

16)[line 32]אבל הכא כיון דאין לו להאכיל במקום אחר לאAVAL HACHA KEIVAN D'EIN LO L'HA'ACHIL B'MAKOM ACHER LO- that is, since a document of divorce never entitles the wife of a Kohen to eat, the Kohenes who was given who a Get Yevamim by her Yevamah will not eat Terumah either.

17)[line 34]בחוזרתB'CHOZERES- in the case of a non-Kohen who is married to a Kohen. (In such a case, when her husband gives her a Get, it allows her to eat Terumah, as a Bas Kohen.)

18)[line 35]חוזרת פסקה מיניה וקרובה לבי נשאCHOZERES, PASKAH MINEI, U'KEROVAH L'VEI NASHA- a Kohenes who is divorced and goes back to her father's house [is not eating by merit of her husband. To the contrary, she] is cut off from her ex-husband and becomes close to her father's household [and that is what entitles her to eat Terumah.]