YEVAMOS 66 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

[66a - 48 lines; 66b - 38 lines]

1)[line 1]אחוותאACHVASAH- were [twin] sisters

2)[line 3]חציה שפחה וחציה בת חוריןCHETZYAH SHIFCHAH V'CHETZYAH BAS CHORIN- a Nochris who had been jointly owned as a maidservant by two Jewish owners, one of whom had freed his half and one of whom had not. While stuck in such limbo, she was unable to marry either a free Jew or a Nochri slave. Our Gemara assumes that the reason why the Chachamim forced the remaining owner to free his half was because she would otherwise be unable to have children.

3)[line 3]כפוKAFU- they forced

4)[line 4]עשאה בת חוריןASA'AH BAS CHORIN- they made into a [full-fledged] free Jewess

5)[line 5]מנהג הפקר נהגו בהMINHAG HEFKER NAHAGU BAH- she allowed men to take liberties with her [since she was stuck in limbo]


6)[line 8]הכניסה לוHICHNISAH LO- if she brought [into the marriage] for him

7)[line 8]עבדי מלוג... עבדי צאן ברזלAVDEI MELUG... AVDEI TZON BARZEL - [Property that a Woman Brings into a Marriage] (NICHSEI MELUG / NICHSEI TZON BARZEL)

(a)All possessions belonging to a married woman fall into one of two categories: Nichsei Melug or Nichsei Tzon Barzel.

1.NICHSEI MELUG - In return a husband's obligation to redeem his wife should she fall into captivity, the Chachamim decreed that he owns the returns of any property belonging to his wife. Although the principal is hers, her husband reaps any gains that it produces as long as they are married. He may not, however, actively diminish the principal. For example, he owns produce harvested from her field and the right to work her beast of burden, but he may not dig trenches in the field nor slaughter the ox. These possessions are called "Nichsei Melug" — "possessions that are plucked" — since he "plucks" the benefits from his wife's property (RAV OVADYAH BARTENURA to Yevamos 7:1 and ARUCH Erech Malag). Nichsei Melug are not recorded, nor their values estimated, in a woman's Kesuvah (marriage contract). If her husband divorces her or dies before she does, then Nichsei Melug are returned "as is" regardless of any appreciation, depreciation, or deterioration that occurred over the intervening years.

2.NICHSEI TZON BARZEL - Properties belonging to the wife that are recorded and their values estimated in her Kesuvah are called "Nichsei Tzon Barzel" — lit. "iron sheep possessions." In the Kesuvah, her husband takes full responsibility for these items, and should he divorce her or die before she does, then she receives their value at the time of her marriage in full. Because he has a higher degree of responsibility for Nichsei Tzon Barzel than he does for Nichsei Melug, her husband has a higher degree of ownership in them as well.

8)[line 10]תרומהTERUMAH

(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Until Terumah and Ma'asros (tithes) have been properly separated, the produce is termed "Tevel" and may not be eaten.

(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their sons is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a). If the daughter of a Kohen marries a Yisrael, she may not eat Terumah. If, however, she is widowed or divorced without children, then she returns to her father's house and may once again eat Terumah.

(c)If a Kohen is uncircumcised — even if this is because two of his brothers had died as a result of the procedure, in which case he may not endanger himself — then he may not partake of Terumah.

9)[line 11]מתו להMESU LAH- she absorbs the loss of their death

10)[line 11]הותירוHOSIRU- they appreciate in value

11)[line 22]קנינו שקנה קניןKINYANO SHE'KANAH KINYAN- his acquisition who purchased property

12)[line 24]"וְכֹהֵן כִּי יִקְנֶה נֶפֶשׁ קִנְיַן כַּסְפּוֹ, הוּא יֹאכַל בּוֹ...""V'CHOHEN KI YIKNEH NEFESH KINYAN KASPO, HU YOCHAL BO..."- "And when a Kohen acquires a person as a monetary acquisition, he may eat of it..." (Vayikra 22:11) - This verse describes who may partake of Terumah.

13)[line 25]אשהISHAH- his wife

14)[line 27]"וכהן...""V'CHOHEN..."- In this verse, the words "Kinyan Kaspo" — "as a monetary acquisition" — are seemingly extraneous. The Beraisa therefore reads the verse as, "And when an acquisition of a Kohen acquires a person as a monetary acquisition, he may eat of it...."

15)[line 29]כל האוכל מאכילKOL HA'OCHEL MA'ACHIL- (the Gemara answers:) [only] one who may [himself] eat is able to feed others

16a)[line 30]ערלAREL- [a Kohen] who is uncircumcised [due to that which two of his brothers had died as a result of the procedure]

b)[line 30]כל הטמאיםKOL HA'TEME'IM- any [Kohen] who is Tamei

17)[line 31]פומייהו כאיב להוPUMAIHU KA'IV LEHU- their mouths pain them; i.e., the reason why they cannot eat Terumah is purely technical

18)[line 31]ממזרMAMZER- an illegitimate [grand]child (see Background to 44:24) [who is the only surviving descendant of the widow of a Kohen]

19a)[line 32]שאין אוכל ומאכילSHE'EIN OCHEL U'MA'ACHIL- who may not himself eat Terumah and yet allows his grandmother to do so. This same description equally applies to a legitimate grandchild who is not a Kohen; our Gemara chose this case since it is discussed in the next Mishnah (69b).

b)[line 32]קנין אוכל קאמרKINYAN OCHEL KA'AMAR- [when the Gemara stated that only] one who may [himself] eat [Terumah enables others to eat] it referred [specifically] to the acquisition [of a Kohen]

20)[line 35]כדי שתאמרKEDEI SHE'TOMER- so that she will say

21)[line 36]זונה היא אצלו!ZONAH HI ETZLO!- she (i.e., I) is like his mistress [and not his wife]!

22)[line 37]לאפוקהL'APUKAH- to divorce her

23)[line 38]תאכילTA'ACHIL- she will feed [her Avdei Melug]

24)[line 41]כהנתKOHENES- who is the daughter of a Kohen

25)[line 41]לאורוייL'OROYEI- to Halachically reason

26)[line 42]תרומה דבי נשאTERUMAH D'VEI NASHA- the Terumah of her father's house

27)[line 42]אינסבי ליה להאיINSEVI LEI L'HAI- I married this [Kohen]

28)[line 43]גבראיGAVRA'I- my husband

29)[line 43]הדרי לי למילתיה קמייתאHADRI LI L'MILSA KAMAISA- I have returned to my previous situation [and my Avdei Melug should be able to eat Terumah even though I am unable to do so, just as they were when I was married to my husband]

30)[line 45]חללהCHALALAH - one who is rejected from the Kehunah (CHALAL / CHALALAH)

(a)See Background to 58:15.

(b)A widow, divorcee or prostitute that has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).

(c)A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkus. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).

(d)A Kohen Gadol must marry a Besulah (virgin) (Vayikra 21:13). This is a Mitzvas Aseh (positive commandment), which is less severe than a negative one such as those forbidding him from marrying a divorcee, Zonah, etc. Should a Kohen transgress this Aseh and marry a Be'ulah (one who has had relations), the Chachamim maintain that she neither becomes a Chalalah nor are the resulting offspring Chalalim. Rebbi Eliezer ben Yakov rules that they are, and the Halachah follows his opinion (Yevamos 59b-60a).

31)[line 47]המכנסת שום לבעלהHA'MECHANESES SHUM L'VA'ALAH- a woman who brings evaluated property (i.e., Nichsei Tzon Barzel) [into her marriage] for her husband

32)[last line]דמיםDAMIM- its value


33)[line 2]שבח בית אביהSHEVACH BEIS AVIHA- the honor of her father's house; i.e., that which her former possessions have sentimental value makes them more valuable to her then their monetary equivalent

34)[line 9]שכרSACHAR- rented

35)[line 9]כרשיני תרומהKARSHINEI TERUMAH- horse beans (O.F. vece - vetch) with the status of Terumah. Karshinim are primarily used as animal fodder. Since they are fit for human consumption, one is required to separate Terumah from them. Although as a general rule Terumah may not be fed to animals, since this is the principal use of Karshinim it is permitted.

36)[line 12]ותסברא?V'TISBERAH?- is it logical [that this case serves to disprove that a Kohen may feed Terumah to that which he is responsible for]?

37a)[line 13]אונסיהONSEHA- that which occurs [to the cow] that is outside of his control (e.g., it is struck by lightning)

b)[line 13]כחשהKACHASHAH- that which [the cow] becomes naturally weaker

b)[line 13]נפחת דמיהNIFCHAS DAMEHA- that which [the cow] depreciates in value

38)[line 14]שםSHAM- evaluates [before (a) renting (RASHI); (b) borrowing (TOSFOS DH Aval) in order to accept responsibility for repaying its current value to its owner no matter what may occur] (see Insights)

39)[line 17]בשילהי פרקיהB'SHILHI PIRKEI- at the end of the lecture

40)[line 20]יוצאין בשן ועיןYOTZ'IN B'SHEN V'AYIN - A Nochri Slave Freed as a Result of Losing an Extremity

(a)Should the master of an Eved Kena'ani (Nochri slave) blind one of his eyes or knock out one of his (permanent) teeth, then the slave must be set free (Shemos 21:26-27). In order for this Halachah to apply, his owner must have had intent to wound him, although not necessarily in the eye or tooth (Kidushin 24b).

(b)This Halachah is not limited to the eye and tooth described in the verse; it applies equally to any of a Nochri slave's twenty-four Roshei Evarim (extremities). These are comprised of his ten fingers, ten toes, nose, two ears, and male organ (RASHI to Gitin 42b DH b'Chulan). Other limbs to which this Halachah may applies are the subject of a discussion in the Gemara (Kidushin 24a).

(c)This requirement has the Halachic status of a Kenas (fine) (Bava Kama 74b; see also Rashi to Gitin 21b DH Lo Efshar). One is never beholden to pay a Kenas when he freely admits to having committed the action that obligated it. Therefore, should the master admit that he is guilty of damaging one of the limbs listed above on his Eved Kena'ani, he is not required to free his slave (Bava Kama ibid.; see Background to Gitin 43:1).

41)[line 23]הכניס לה שום משלוHICHNIS LAH SHUM MISHE'LO- if he brought his own evaluated property [into the marriage] for her [and gave it the status of Nichsei Tzon Barzel]

42)[line 25]מכרו שניהם לפרנסהMACHRU SHENEIHEM L'FARNASAH- if either of them sold it in order to buy food

43)[line 26]הבעל מוציא מיד הלקוחותHA'BA'AL MOTZI MI'YAD LEKUCHOS- [not only may she force the revoking of the sale is she is divorced or widowed since she is the primary owner, but] her husband may force the purchasers to return the item [and revoke the sale is she dies, since it was not a valid sale as she did not give it her consent]

44)[line 31]עיילה ליה לגבראAILAH LAH L'GAVRA- she brought [as Nichsei Tzon Barzel into her marriage] for her husband

45)[line 31]איצטלא דמילתאITZTELA D'MEILASA- a robe made of fine wool

46)[line 32]שכיבSHACHIV- he died

47a)[line 32]שקלוה יתמיSHAKLUHA YASMEI- his heirs took it

b)[line 32]ופרסוה אמיתנאU'FARSUHA A'MISNA- and spread it over the deceased

48)[line 33]קנייה מיתנאKANYEI MISNA- the corpse has acquired it [and it is therefore forbidden to derive benefit from it (Sanhedrin 47b)]

49)[line 36]מחוסר גוביינאMECHUSAR GUVAINA- it must be collected [through proper legal channels if she is widowed or divorced, in which case it is in the possession of her husband's estate until that point]

50)[last line]הקדש חמץ ושחרור מפקיעין מידי שעבודHEKDESH, CHAMETZ, V'SHICHRUR MAFKI'IN MI'YEDEI SHIBUD - Sanctification, Chametz, or Freeing a Slave Removes a Lien

(a)Should one designate a possession or piece of real estate as security for a loan or other debt, a Shibud (lien) is created on that object. If the time comes for the debt to be repaid and the debtor cannot come up with the funds, then his creditor may collect his debt from the security. Such a security is termed an "Apotiki" (this is a contraction of "Apo Tehei Ka'i" — "from this shall the collection be").

(b)The Shibud held by a creditor on an Apotiki is removed in each of the following three instances:

1.If the Apotiki is an animal, and its owner sanctifies it as a Korban. Since the animal receives Kedushas ha'Guf (intrinsic sanctity; see Background to Beitzah 39:4), that sanctity is strong enough to remove the lien. If the Kedushah is merely Kedushas Damim (extrinsic sanctity; see ibid.), then it is not strong enough to throw off the Shibud (RASHI; see, however, RAMBAM Hilchos Erchin 7:14);

2.If the Apotiki is Chametz, it was made a security for a debt to a Nochri, and the sixth hour of Erev Pesach arrives. At that time the Jew is forbidden to derive any benefit from it, and this status removes the Shibud;

3.If the Apotiki is a Nochri slave, and his owner frees him. Since this action grants the former slave the status of a free Jew, he is no longer subject to the lien of the creditor.

(c)Since it is forbidden to derive any benefit from that which belongs to a corpse, its status is comparable to that of Kedushas ha'Guf. Therefore, since the robe had been in the possession of the husband's heirs when they placed it over his body, it acquired the status of that belonging to a corpse and his wife's lien upon it no longer existed.