YEVAMOS 67 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

[67a - 54 lines; 67b - 41 lines]

1)[line 2]באלף זוזB'ELEF ZUZ- worth [a total of] one thousand Zuz [together]

2)[line 7]דמטיא למשקל בכתובתהD'MATYA L'MISHKAL BI'CHESUVASAH- it equaled the value of her Kesuvah

3)[line 8]מיתן דמי ומישקלMEITAN DAMEI U'MISHKAL- [that she has the right] to pay money and [forcibly] take [back her Nichsei Tzon Barzel when it is beyond the value of her Kesuvah]

4)[line 10]עבדיהAVADEHA- her [Nochri] slaves [of Tzon Barzel]

5)[line 11]חלקו של עוברCHELKO SHEL UBAR- the portion of the unborn fetus [in the slaves of his father]

6a)[line 11]פוסלPOSEL- prevents [his mother] from eating Terumah [of her father's house when she is the daughter of a Kohen who had been married to his late father, the Yisrael]

b)[line 11]ואינו מאכילV'EINO MA'ACHIL- and [yet] he does not enable [his mother] to eat Terumah [when she is a Bas Yisrael who had been married to his late father the Kohen]

7)[line 17]במעי זרהBI'ME'EI ZARAH- in the womb of a non-Kohen

8)[line 17]ילוד מאכיל; שאינו ילוד אינו מאכילYELUD MA'ACHIL; SHE'EINO YELUD EINO MA'ACHIL- one who is born may enable others to eat Terumah; one who is not yet born cannot enable others to eat Terumah. This is derived from the verse which describes children who may eat (and enable others to eat) as "born" (Vayikra 22:11; see Nidah 44b).

9)[line 24]זו לא שמעתיZU LO SHAMATI- I did not hear [that] this [case was forbidden, but rather that it was permitted]

10)[line 28]איהי היא!IHI HI!- it is the identical case [since no matter the status of the mother, her fetus is not yet born]!

11a)[line 30]יש לו בניםYESH LO BANIM- if [the late Kohen] has [living] sons [in addition to the fetus currently carried by his wife]

b)[line 31]אוכלים משום בניםOCHLIM MI'SHUM BANIM- [her Avdei Tzon Barzel] may eat Terumah due to [being owned by] the [living] sons [since the fetus cannot own anything]

12)[line 33]זו ולא ס''ל?ZU V'LO SEVIRAH LEI?- [did Rav Yehudah in the name of Shmuel mean to imply that] "these [are the words of Rebbi Yosi"] and [that] he did not agree with them?

13)[line 33]חנא בגדתאהRAV CHANA BAGDESA'AH- (a) Rav Chana, expert on the homiletic digressions of the Gemara (RASHI, first explanation); (b) Rav Chana of Baghdad (RASHI, second explanation; RASHBAM to Bava Basra 142b)

14)[line 34]פוק אייתי לי בי עשרהPUK AISI LI BEI ASARAH- go and bring ten people to me

15)[line 38]שמעיה ואבטליוןSHEMAYAH V'AVTALYON

Shemaya and Avtalyon were the leaders of the fifth generation following the Anshei Keneses ha'Gedolah (Men of the Great Assembly; see Background to Shekalim 13:40). Shemayah was the Nasi (spiritual leader), and Avtalyon was the Av Beis Din (head of the court). Both were converts descended from Sancheriv, the king of Assyria who attacked Yerushalayim.

16)[line 40]מסתבר טעמיהMISTABER TA'AMEI- his reasoning is sound [that this indeed was the opinion of Shemayah and Avtalyon, although we do not agree with the opinion]

17)[line 40]אלו ואלוELU V'ELU- both [Avdei Melug and Avdei Tzon Barzel]

18)[line 47]הבת מאכלת; הבן אינו מאכילHA'BAS MA'ACHELES; HA'BEN EINO MA'ACHIL- (at this point, our Gemara interprets these words to mean) [if there is only] a daughter [then she] enables [her late father's Avdei Tzon Barzel] to eat Terumah; a son does not enable them to eat Terumah

19)[line 48]זכרים יאכלוZECHARIM, YOCHELU- [if there are any] sons, [then their late father's Avdei Tzon Barzel] may eat Terumah

20)[line 49]ואין לבנות במקום הבן כלוםEIN L'VANOS B'MAKON HA'BEN KLUM- daughters do not [inherit any of their father's property] when there is [even] a [single] son (Bamidbar 27:8)

21)[line 51]נקבה נמי פסלה!NEKEVAH NAMI PESULAH!- a female fetus would also prevent [her late father's Avdei Tzon Barzel from eating Terumah]!

67b----------------------------------------67b

22)[line 1]אין חוששין למיעוטאEIN CHOSHESHIN L'MI'UTA- one need not concern himself with a likelihood of less than fifty percent. Since half of all fetuses are girls and a small percentage of them are miscarried, the overall possibility of a pregnant woman delivering a healthy boy is under fifty percent.

23)[line 2]דעבדינן ליה תקנתאD'AVDINAN LEI TAKANTA- [and the reason why Rebbi Shimon ben Yochai allows Avdei Tzon Barzel to eat Terumah even though their late master's wife is expecting is] that we fix matters for the fetus [such that his portion of the inheritance consists of other property and none of the slaves]

24)[line 4]יתומיםYESOMIM- orphans [who are minors]

25)[line 5]אפוטרופוסAPOTROPOS- a steward (O.F. seneschal) [who represents the interests of one of the orphans as an agent of Beis Din]

26)[line 6]למחותLI'MCHOS- to protest [and demand a re-apportioning of the inheritance]

27)[line 8]מה כח ב''ד יפה?MAH KO'ACH BEIS DIN YAFEH?- what power does Beis Din have?

28)[line 14]נכסים מועטיםNECHASIM MU'ATIM- [a case in which there are so] few possessions [left by the deceased that they suffice only to support his daughters]. In such an instance the Chachamim decreed that the daughters receive the full inheritance instead of the boys.

29)[line 15]מה נפשך?MAH NAFSHACH?- which way would you like to turn? (i.e., there is more than one possibility)

30)[line 16]האי דקאיHAI D'KA'I- the one that is already born

31)[line 17]בתקנתא דרבנןB'TAKANTA D'RABANAN- as a result of a Rabbinic decree. This is true only because she has a living brother as well. Mid'Oraisa he inherits all of the possessions, which are then removed by the decree and transferred to her. If no brother was alive, then she would own the possessions without the need for the decree. In such a case, if the fetus is female, it too would own half of the possessions.

32)[line 17]כמה דלא נפק לאויר העולםKAMAH D'LO NAFAK L'AVIR HA'OLAM- as long as it has not exited into the airspace of the world

33)[line 24]קדמוKIDMU- preempted

34)[line 24]מה שמכרו מכרוMAH SHE'MACHRU MACHRU- what they sold remains sold. From this ruling it is clear that the Chachamim did not fully remove the ownership from the brothers. Therefore, they still have a stake in the Avdei Tzon Barzel, which should prevent them from eating Terumah.

35)[line 25]אםEM- their mother [who enables her Avdei Melug to eat Terumah, whereas the Avdei Tzon Barzel may not since they are partially owned by her unborn fetus]

36)[line 27]אירוסיןERUSIN (ERUSIN / NISU'IN)

See Background to 41:16.

37)[line 27]חרשCHERESH- a deaf-mute

38)[line 28]בן תשע שנים ויום אחדBEN TESHA SHANIM V'YOM ECHAD- (at this point, our Gemara interprets these words to mean) [a Yavam] who is [at least] nine years and one day old

39)[line 29]ספק שהוא בן ט' שנים ויום אחד ספק שאינוSAFEK SHE'HU BEN TESHA SHANIM V'YOM ECHAD SAFEK SHE'EINO- [and the above ruling applies even to] one who may or may not yet be nine years and one day old

40)[line 30]הביא ב' שערותHEVI SHNEI SE'AROS- [whether or not he who has betrothed a woman] has grown two pubic hairs [making him an adult capable of marrying a woman]

41)[line 31]בת אחיוBAS ACHIV- his brother's daughter [to whom he is married]

42)[line 32]צרתה חולצת ולא מתייבמתTZARASAH CHOLETZES V'LO MISYABEMES

(a)Should a married man die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).

(b)If the brother does not wish to carry out this Mitzvah, he must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.

(c)If the wife of a man who dies childless is an Ervah (prohibited to the degree that the relationship is punishable by Kares) of one of his brothers, then he is exempt from the Mitzvos of Yibum and Chalitzah. If he is the only brother, then she may immediately marry whomever she pleases. This dispensation affects not only the Ervah herself, but also any Tzaros (co-wives) of hers (Yevamos 2a, 3b, and 8a). If there are other brothers, then the Mitzvos of Yibum and Chalitzah apply to them as they would under any other circumstances.

(d)In the case of our Mishnah, it is unknown whether the husband died first or his niece to whom he was married died first. Therefore, his other wife requires Chalitzah since she may have been his only wife when he died, but she cannot participate in Yibum since she may have been co-wife to an Ervah at the time of her husband's death.

43)[line 34]"[וּבַת-כֹּהֵן כִּי תִהְיֶה אַלְמָנָה וּגְרוּשָׁה וְזֶרַע אֵין לָהּ,] וְשָׁבָה אֶל-בֵּית אָבִיהָ כִּנְעוּרֶיהָ; [מִלֶּחֶם אָבִיהָ תֹּאכֵל]""[U'VAS KOHEN KI SIYEHEH ALMANAH U'GERUSHAH V'ZERA EIN LAH,] V'SHAVAH EL BEIS AVIHA KI'NE'UREHA; [MI'LECHEM AVIHA TOCHEL]"- "[And if the daughter of a Kohen is widowed or divorced and she has no children,] then she returns to the house of her father as when she was a maiden; [she may partake of the Terumah of her father....]" (Vayikra 22:13)

44)[line 38]שומרת יבםSHOMERES YAVAM- a Yevamah who is waiting [for Yibum or Chalitzah]

45)[line 39]"[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.

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