YEVAMOS 85 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

[85a - 55 lines; 85b - 48 lines]

1)[line 8](להינצבו) [לשכנציב](HINTZEVU) [SHECHANTZIV]- a place in Bavel (this Girsa follows the opinion of the Bach)

2)[line 12]וחרוריםCHARURIM- freed slaves

3)[line 12]נתיניםNESINIM

See Background to 84:21.

4)[line 12]שתוקיSHESUKEI (SHESUKI)

A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer. The term is derived from the word Shesikah, quiet, since when he calls for his father, his mother tells him to be quiet.

5)[line 12]ואסופיASUFEI (ASUFI)

An Asufi is unaware of his (or her) maternal and paternal lineage, and the possibility exists that he is a Mamzer. The term is derived from the word "le'Esof," to gather or bring in, since he was brought in from the streets not knowing the identity of his parents.

6)[line 24]בני ביריBNEI BERAI- the people from Bei Berai, a town in Bavel

7)[line 38]דיתבה תותיהD'YASVAH TUSEI- she is still living with him (lit. she is sitting under him, i.e. living with him in the same house)

8)[line 39]בעמודB'AMOD V'HOTZEI KAI; MEZONOS IS LAH?!- He must divorce her; does she get provisions [from him]?

9)[line 41]תנאי כתובהTENAI KESUVAH

(a)There are number of stipulations of marriage which are imposed by Beis Din and some of which are written explicitly in the Kesuvah (the Jewish marriage contract). These are in addition to the basic obligations a man has to his wife according to the Torah. Those stipulations which obligate the husband to his wife are:

1.A husband must redeem his wife if she is a taken captive. If he is not a Kohen, he must take her back into his house; if he is a Kohen he must redeem her and divorce her so that she can remarry. He may not (divorce her and) give her the money of the Kesuvah so that she should redeem herself.

2.As long as they are married, he must provide his wife with all the medical care that she needs.

3.If she dies before her husband, her sons inherit the full value of her Kesuvah when he dies (and not the sons of his other wives), aside from the remainder of the estate (which is split equally between all of the brothers). This is called "Kesuvas Benin Dichrin."

4.After he dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they become married.

5.If he dies before his wife, his wife must be allowed to live in the house in which he lived and must be provided for by his household until she remarries. (This stipulation was only made in Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves the right to give her the value of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos 4:7-12)

(b)A husband is obligated to keep these conditions even if he omitted them from the Kesuvah, or did not give his wife a Kesuvah.

10)[line 43]דלמשקל ומיפקDEL'MISHKAL U'MEIPAK- that she is meant to collect and leave him

11)[line 43]דלמא תיעכב גביהDILMA TI'AKEV GABEI- perhaps she will remain by him (to receive provisions)

12)[line 50]פירותPEIROS- that is, their husbands have no right to eat the products (Peros) that grow from these wives' Nichsei Milug. If the husbands do eat, they must return what they ate. (The reason these husbands were not granted the products of their wives' Nichsei Milug is because a person is not obligated to redeem his wife, if captured, unless he is permitted to be with her until she was captured. The products of Nichsei Milug were only given to the husband in return for accepting the obligation to redeem her if captured, so the products of these wives' fields were not given to their husbands.)


13)[line 1]קנסו אותו כתובהKANSU OSO KESUVAH- the Rabanan required him to give her a Kesuvah (just like normal women). [The Rabanan did not find it necessary to encourage him to divorce her by taking away her Kesuvah, since he will undoubtedly quarrel with her and divorce her in any case, since she makes him Pasul. -RASHI]

14)[line 7]זהו מרגילה וזו היא מרגילתוZEHU MARGILAH, V'ZU, HI MARGILASO- that is, when she becomes Pasul because of him, he has to persuade her to marry him. (Therefore, since he initiated the relationship, there is no point in fining her by taking away her Kesuvah.) On the other hand, when she does not become Pasul due to her relationship with him, she persuades him to marry, just like normal women do to their husbands. (Therefore, in order to prevent her from initiating the relationship the Rabanan took away her Kesuvah. -RASHI.)

15)[line 8]דבר אחר מאן קתני לה"DAVAR ACHER" MAN KATANI LAH?- Which Tana is the author of the "Davar Acher" quoted previously?

16)[line 22]ולרבי אליעזר דאמר הרי זה עבדUL'REBBI ELIEZER D'AMAR HAREI ZEH EVED- (That is, according to Rebbi Eliezer, marrying this man will not allow the Mamzeres to bear descendants that will be permitted to marry into the Jewish people, and therefore she has no interest in initiating the relationship. In addition, she knows that the relationship will not succeed, since he will become easily angered, knowing that she is causing his children to become Mamzerim (RASHI). The Gemara could have easily said, at this point, that Rebbi Shimon ben Elazar of the Beraisa does not agree to the opinion of Rebbi Eliezer, but it is trying to avoid forcing that conclusion (RITVA).)

16)[line 33]יש חלל מחייבי עשהYESH CHALAL ME'CHAYAVEI ASEH (CHALAL)

See Background to 84:11.

17)[line 35]ספק סוטתוSAFEK SOTASO (SOTAH)

(a)A Safek 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.

(d)A Sotah Vadai is a married woman who committed adultery. She is prohibited to her husband and the adulterer and she may not eat Terumah. If she committed the act after not heeding the warning of two witnesses, she is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22).

18)[line 41]סוטה ודאיSOTAH VADAI- that is, one who remarries his wife who was unfaithful to him after having divorced her (TOSFOS Kidushin 68a, however see Insights)

19)[last line]מעשר ראשון אסור לזריםMA'ASER RISHON ASUR L'ZARIM

(a)After 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. (Only kosher Kohanim - to the exclusion of Chalalim - and their wives and servants may eat Terumah.) Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop.

(b)After Terumah is removed from the produce, the first tithe to be given every year is called Ma'aser Rishon; one tenth of the produce must be given to a Levi. According to the majority, and Halachic, opinion, Ma'aser Rishon does not have Kedushah. It may be eaten both Tamei and Tahor, and by any person.

(c)Rebbi Meir (Yevamos 74a and elsewhere), however, argues and maintains that Ma'aser Rishon does have Kedushah. According to him, Ma'aser Rishon may only be eaten by Leviyim or Kohanim, and even they may not eat it if they are Arelim (uncircumcised). Rebbi Meir agrees, however, that Ma'aser Rishon may be eaten when it is Tamei (TOSFOS Yevamos 86b DH Mi).