YEVAMOS 68 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

[68a - 42 lines; 68b - 36 lines]

1)[line 1]דהא קניה בהויהD'HA KANYA B'HAVAYAH- for he has married her [and she has the status of "Kinyan Kaspo" from the stage of Erusin]

2)[line 2]דעולאD'ULA- the explanation of Ula. Mid'Oraisa a woman may eat Terumah if her husband is a Kohen from the stage of Erusin. That which she may not is the result of a Rabbinic decree. The Amora'im discuss the reasoning behind this decree. According to Ula, it is for fear that she will bring Terumah to her father's house, where she still lives prior to Nisu'in, and feed it to her siblings (Kesuvos 57b).

3)[line 3]דהא קניה בתקנתא דרבנןD'HA KANYA B'TAKANTA D'RABANAN- for [although he is unable to acquire anything or marry a woman mid'Oraisa as he is not Halachically considered to have the intellectual ability (Da'as)] he has married her through a Rabbinic decree.

4)[line 10]הבא על יבמתוHA'BA AL YEVIMTO- who has had marital relations with his Yevamah

5)[line 14]כמאמרK'MA'AMAR (MA'AMAR YEVAMIM)

(a)Should a married man die without children, his widow is not then free to marry whomever she pleases. She must first undergo either Yibum (levirate marriage) or Chalitzah (see Background to 67:42). Should he choose to perform Yibum, then the only way for him to do so is to have marital relations with her. Mid'oraisa, giving her an object of value (Kidushei Kesef) or a document (Kidushei Shtar) - valid means of betrothing an unattached woman - accomplishes nothing with one's Yevamah. (GEMARA Kidushin 4b)

(b)Chazal, however, enacted that a regular Kidushin (betrothal) process does take effect, to some degree, in a Yevamah. They called this procedure "Ma'amar." If a Yavam presents his Yevamah with Kidushei Kesef or Shtar, then she may no longer perform Chalitzah with any other Yavam. Furthermore, if the Yavam who performed the Ma'amar changes his mind and wishes to divorce her, then he must give her a Get (bill of divorce) in addition to undergoing the process of Chalitzah. This is because the bond connecting her to her Yavam (Zikah) still exists, in addition to the bond created by the Ma'amar mid'Rabanan.

(c)The Chachamim further decreed that a Yavam should perform Kidushei Ma'amar before having relations with his Yevamah in fulfillment of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a). Kidushei Ma'amar serve as an introduction to the act of Yibum.

(d)A boy younger than nine years is not Halachically considered capable of marital relations. If a nine-year-and-one-day-old boy performs Yibum with his Yevamah, then he has performed the Mitzvah to the extent that it is as if he has performed Kidushei Ma'amar (Mishnah, Nidah 45a).

(e)There is a disagreement among the Rishonim as to why the Yibum of a nine-year-old is only as effective as Ma'amar. RASHI (to Kidushin 19a) explains that mid'Oraisa his Yibum is fully effective in making her into his wife. However, the Chachamim decreed that it should be downgraded to the level of Yibum, and that his Yibum must be performed again when he turns Bar Mitzvah. TOSFOS (ibid.) maintains that a nine-year-old is incapable of marrying his Yevamah mid'Oraisa in any way; it is only due to a Rabbinic decree that his action is the equivalent of Ma'amar. (See also Insights to Yevamos 39:2.)

6)[line 20]גר עמוני ומואביGER AMONI U'MO'AVI- an Amonite or Moabite convert [who may not marry a Jewess no matter how many generations back their forefather converted (Devarim 23:4)]

7)[line 20]מצרי ואדומיMITZRI VE'EDOMI - an Egyptian or Edomite convert

(a)It is forbidden to marry a first- or second-generation Egyptian or Edomite convert. This is derived from the verse that states that only a third-generation convert from these nations may marry a Jewess (Devarim 23:8-9). Because the Torah does not state this prohibition negatively, it has the status of a Lav ha'Ba mi'Chlal Aseh (see below, entry #20). This prohibition applies equally to both male and female converts.

(b)A child born to an Egyptian or Edomite convert who converts while pregnant has the status of a Mitzri Sheni (second-generation Egyptian).

8)[line 20]כותיKUSI (KUSIM)

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and settled them in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was an honest and valid one, or whether it was prompted only by feelings of self-preservation and the Kusim remained Nochrim.

(b)After the times of the Mishnah, they were found worshipping an image of a dove. At that point, the Chachamim unanimously gave them the status of Nochrim (Chulin 6a).

9)[line 20]נתיןNESIN

(a)Every member of the seven nations who inhabited Eretz Yisrael prior to the arrival of Klal Yisrael must be killed (Devarim 20:16). After Yehoshua led Klal Yisrael into the land, he was approached by a nation claiming to be from a far-off land who wished to convert. After they were accepted as converts, it was discovered that they were actually Giv'onim. The Giv'onim were a sub-nation of the Chivim, one of the seven nations who must be killed. Although the oath of peace that Yehoshua had undertaken was not valid since it was uttered under a false pretense, Yehoshua felt that to dishonor it would be a Chilul HaSh-m (a desecration of HaSh-m's honor). Yehoshua therefore assigned them the tasks of chopping wood and drawing water for the Korbanos that were offered upon the Mizbe'ach (Yehoshua 9:3-27). Since Yehoshua "gave them over" ("va'Yitenem," Yehoshua 9:27) to these tasks, they came to be known as "Nesinim."

(b)The Gemara (Yevamos 79a, based on Devarim 29:10) reveals that the same scene had played out earlier, when the Giv'onim had approached Moshe Rabeinu Giv'onim in the desert. Moshe, too, appointed them to the tasks of woodchoppers and water drawers. Moshe Rabeinu passed a decree addressing the Nesinim of his generation, and Yehoshua extended it through the life-span of the Beis ha'Mikdash. David ha'Melech extended it to last for all time, due to the cruelty that they exhibited. Kindness and empathy are integral and basic Jewish traits (Yevamos 79a).

(b)The Nesinim are prohibited from marrying a Jew of legitimate lineage. They are limited to converts, Mamzerim (those born from a union prohibited by the Torah and punishable by Kares), and other Nesinim. RASHI (to Kesuvos 29a and elsewhere) maintains that this is a result of the decree of Moshe Rabeinu. This prohibition is therefore of Rabbinic origin. TOSFOS contend that the decree only addressed their servitude. Since they are of the seven nations who inhabited Eretz Yisrael, it is prohibited to marry them mid'Oraisa even if they convert (Yevamos 76a).

10)[line 21]חללCHALAL- see Background to 58:15.

11)[line 21]וממזרU'MAMZER

(a)There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Asei" produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin - Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)

(b)A Mamzer is prohibited to marry into the community of Hash-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

12)[line 22]פסלוהPASLUHA- render her unfit[ to marry a Kohen or eat Terumah had she been able to]

13)[line 22]סיפאSEIFA- the next Mishnah (69a)

14a)[line 24]פסולי קהלPESULEI KAHAL- those forbidden to marry Jews of unsullied lineage. This includes all those listed in the Tosefta aside from a Chalal.

b)[line 25]פסולי כהונהPESULEI KEHUNAH- those unfit for the Kehunah. This refers to a Chalal.

15)[line 28]שזרעוSHE'ZAR'O- that his offspring

16)[line 32]מנא הני מיליMINA HANEI MILEI?- what is the source for this [that a Kohenes, Leviyah, or Yisra'elis is rendered unfit to marry a Kohen or eat Terumah following marital relations with those listed in the Tosefta]?

17)[line 33]"ובת כהן כי תהיה לאיש זר [הוא בתרומת הקדשים לא תאכל]""U'VAS KOHEN KI SIYEHEH L'ISH ZAR, [HI BI'SRUMAS HA'KODASHIM LO YOCHEL.]"- "And if the daughter of a Kohen is married to a non-Kohen, [she may not partake of the holy Terumah.]" (Vayikra 22:12) - Our Gemara suggests that this verse should be read as, "And if the daughter of a Kohen has relations to one who is strange (i.e., forbidden) to her...."

18)[line 36]דמינסבא לזרD'MINSEVA L'ZAR- who is married to a non-Kohen

19)[line 37]"[ובת כהן כי תהיה אלמנה וגרושה וזרע אין לה] ושבה אל בית אביה כנעוריה מלחם אביה תאכל...""[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)

20)[line 40]לאו הבא מכלל עשה עשהLAV HA'BA MI'CHLAL ASEH, ASEH - a negative commandment inferred from a positive one has the status of a positive commandment

(a)In certain respects, a Mitzvas Aseh (positive commandment) is not as stringent as a Lo Sa'aseh (negative commandment). For example, while one receives Malkus (lashes) for transgressing a Lo Sa'aseh after a proper warning delivered by two witnesses, he does not for transgressing an Aseh.

(b)A Lav ha'Ba mi'Chlal Aseh is a prohibition inferred from a Mitzvas Aseh. Since the prohibition is not written explicitly in the Torah, it cannot be any more stringent than a Mitzvas Aseh.

21)[last line]"וכל זר לא יאכל קדש...""V'CHOL ZAR LO YOCHAL KODESH..."- "And every non-Kohen may not eat Terumah...." (Vayikra 22:10) - Our Gemara assumes that this refers just as equally to the daughter of a Kohen married to a non-Kohen as it does to the non-Kohen himself.

68b----------------------------------------68b

22)[line 1]לגופיהL'GUFEI- for itself; i.e., to teach that a non-Kohen by birth may not eat Terumah

23)[line 1]תרי וכל זר כתיביTREI V'CHOL ZAR KESIVEI- [The phrase,] "And every non-Kohen [may not eat Terumah ...]" is written twice [in the Torah (Vayikra 22:10 and 13), the latter of which teaches that the wife of a non-Kohen may not eat Terumah.]

24)[line 4]אנינותANINUS

See Background to 29:10.

25)[line 4]מן זר וכל זר נפקאMIN ZAR V'CHOL ZAR NAFKA- is derived from [that which the verse does not simply state,] "And a non-Kohen..." [but rather,] "And every non-Kohen..."

26)[line 6]לחזה ושוקL'CHAZEH V'SHOK (CHAZEH V'SHOK)

The chest and the right hind leg of a Korban Shelamim (see Background to Yoma 62:32) are held by their owner, while the Kohen places his hands underneath. They are then waved in the four directions of the compass, upward, and downward. The chest and leg are then presented as a gift to a Kohen (Vayikra 7:28-36).

27)[line 10]במורםB'MURAM- and lifted

28)[line 12]כהנתKOHENES- [that] the daughter of a Kohen [is forbidden to eat Terumah following relations with one to whom she is forbidden]

29)[line 14]בת ובתBAS U'VAS- [it is possible to derive two exegeses from that which the verse does not simply state,] "the daughter [of a Kohen]..." [but rather,] "And the daughter [of a Kohen]..." (Vayikra 22:12)

30)[line 15]כוליה ובת קרא יתירא הואKULEI U'VAS KRA YESEIRA HU- the words "u'Vas Kohen" are entirely extra. The previous verse discusses those born to a Kohen. Therefore, it would have sufficed to continue, "And if she was married to a non-Kohen...." As a result, even those who do not normally consider an extra Vav worthy of derivation may learn from the entire word in this instance.

31)[line 18]בנות מיכל תרומה נינהוBANOS MEICHAL TERUMAH NINHU?- are [a Leviyah or Yisraelis] able to eat Terumah?

32)[line 19]דקאכלה בשביל בנהKA'ACHLAH BI'SHVIL BENAH- she is able to eat Terumah due to her son [who is the product of a union between herself and a Kohen]

33)[line 22]והיא הנותנתV'HI HA'NOSENES- and that very logic leads to the opposite conclusion

34)[line 23]פסיל להPASIL LAH- [the relations with he who is forbidden to her] invalidate her

35)[line 27]וכי מזהירין מן הדיןV'CHI MAZHIRIN MIN HA'DIN? (EIN MAZHIRIN MIN HA'DIN)

(a)One who commits an action that the Torah warns ("Azharah") is prohibited (a Lav) is liable to receive Malkus (lashes). Other prohibitions are more stringent, and are punishable by the death penalty. Certain types of prohibitions, however, are not punishable by Malkus or the death penalty. One precondition to these penalties is that the Azharah be clearly spelled out in the Torah (Yoma 81a).

(b)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Kal va'Chomer (an a fortiori argument), also referred to as a "Din." Should it be determined through a Kal va'Chomer that a certain action must be prohibited, it is indeed forbidden. However, one cannot receive punishment for transgressing such a prohibition, since the Torah did not forbid it directly.

36)[line 28]גלוי מילתא בעלמא הואGILUY MILSA B'ALMA HU- it is [not a true Kal va'Chomer, but] merely an indication [that she may not marry a Kohen, since the ability to eat Terumah is directly related to the ability to relate to the holiness of Kehunah]

37a)[line 28]נבעלה לפסול להNIV'ALAH L'PASUL LAH- [that which "u'Vas Kohen Ki Siyeheh l'Ish Zar" is understood to be referring to the daughter of a Kohen] who had relations with one prohibited to her

b)[line 29]חייבי כריתותCHAYAVEI KERISUS- [specifically refers to] those whose union is punishable by Kares (see Background to 3:27) (see Insights)

38)[line 30]הויהHAVAYAH- the ability to marry her (albeit while transgressing a prohibition)

39)[line 32]לא ליפסלוLO LI'FSELU- should not render her unfit [to marry a Kohen or eat Terumah]

40)[line 35]"ובת כהן כי תהיה אלמנה וגרושה [וזרע אין לה ושבה אל בית אביה כנעוריה מלחם אביה תאכל]""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)

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