YEVAMOS 104 (1 Elul) - dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

[104a - 40 lines; 104b - 44 lines]

1)[line 1]עיר הנדחתIR HA'NIDACHAS

A city that was led astray (Nidach) to the extent that its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned.

2)[line 1]ושל זקן העשוי לכבודוV'SHEL ZAKEN, HE'ASUY LI'CHVODO- (lit. and belonging to an old man, made for his honor) a sandal that is used as part of the shrouds of a dead man

3)[line 5]מסגי ביהMASGI BEI- walks in it

4)[line 10]ריביםRIVIM- court cases

5)[line 13]גמר דיןGEMAR DIN- announcement of the verdict

6)[line 16]במוקB'MOK- (O.F. chalcon) with socks, light shoes; made of hard felt (RASHI)

7)[line 17]רב גובריהRAV GUVREI- (sarcastically) how great is his strength!

8)[line 32]ממצורעMETZORA

See Background to 74:34.

9)[line 33]לרציעהL'RETZI'AH (EVED IVRI NIRTZA)

(a)There are two ways that a Jew can be bought as a slave. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. In either case he is obligated to work for his master for only six years (Shemos 21:6) or until the Yovel year, whichever comes first (ibid. 21:2-4).

(b)If at the termination of six years he expresses his desire to continue life as a slave, the master makes the slave stand near a doorpost and pierces his right ear and the door with an awl. The slave then continues to serve his master until the Yovel year (ibid. 21:6). This Halachah applies only to slaves who were sold by Beis Din and not to slaves who sell themselves (RAMBAM Hilchos Avadim 3:6).

10)[line 35]מוחלפת השיטהMUCHLEFES HA'SHITAH- (a) the opinions of the Rabanan and Rebbi Elazar [in the Mishnah] have been mistakenly interchanged and should be switched (see MITZPEH EISAN); (b) the opinions of the Rabanan and Rebbi Elazar [in the Beraisa] have been mistakenly interchanged and should be switched (YERUSHALMI, cited by the MITZPEH EISAN); (c) Rebbi Elazar changed his opinion from what he held previously (M. KORNFELD, based on RASHI to Eruvin 99a)

11)[line 36]מופניMUFNEI

(a)MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free of any Derashah, they may be used unconditionally for the inference of a Gezerah Shavah between the two topics.

(b)MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a Machlokes whether they may be used unconditionally for the inference of a Gezerah Shavah (Lemedin v'Ein Meshivin), or whether they may be used only for a Gezerah Shavah if we have no logical argument against learning the Gezerah Shavah (Lemedin u'Meshivin).

(c)EINO MUFNEH KOL IKAR - If both words are used for another Derashah, there is a Machlokes whether they may be used only for a Gezerah Shavah if we have no logical argument not to learn the Gezerah Shavah, or whether they may not be used at all for a Gezerah Shavah.


12)[line 7]חלצה בשנים או בשלשה ונמצא אחד מהן קרוב או פסולCHALTZAH BI'SHENAYIM O BI'SHELOSHAH V'NIMTZA ECHAD MEHEN KAROV O PASUL- if she performed Chalitzah in the presence of two judges (who were qualified), or in the presence of three judges - one of whom was later found to be a relative or disqualified

13)[line 19]ופומייהו הוא דכאיב להוU'PUMAIHU HU D'CHA'IV LEHU- (lit. and it is their mouths that hurt them) the fact that they cannot talk is a side point; it does not show that they do not possess intelligence

14)[line 26]כל הראוי לבילה אין בילה מעכבת בוKOL HA'RA'UY L'VILAH, EIN BILAH ME'AKEVES BO

(a)Regarding a Minchah that is a Nedavah (voluntary meal offering), the Torah states "v'Chol Minchah Velulah va'Shemen" (Vayikra 7:10), from which we learn that the oil that is poured onto the Minchah should be mixed throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is still Kesheirah.

(b)However, if someone brings so much flour that it is impossible for the oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah (Menachos 103b) states that if someone brings a Minchah to be offered on the Mizbe'ach, it may not contain more than sixty Esronim of flour.

(c)Similarly, even if the Yavam and Yevamah do not read the verses pertaining to Chalitzah, the Chalitzah is nevertheless valid, as long as they are able to speak.

15)[line 35]ושני דברים המתירין אין מעלין זה בלא זהSHENEI DEVARIM HA'MATIRIN, EIN MA'ALIN ZEH B'LO ZEH

(a)A Matir is something that must be done in order to permit something else. For example, the Shechitah and Zerikas ha'Dam of the Kivsei Atzeres are considered Matirim because they permit the Shtei ha'Lechem (the two loaves of bread) that are brought with them to be eaten. The Shtei ha'Lechem are only permitted if both Matirin are carried out properly.

(b)According to Rebbi Elazar, if only one Matir was preformed properly, it has no effect. Similarly, if only Rekikah was performed, and not Chalitzah, the Yevamah should not be forbidden to the other brothers. According to Rebbi, if only one Matir was performed correctly, it has an effect; e.g. if the Shechitah was done properly but not the Zerikah, the Shtei ha'Lechem are Kadosh v'Eino Kadosh. That is, the loaves are Kadosh to the extent that they can no longer be redeemed and if they leave the Azarah they become forbidden (Yotzei), but they are not permitted to be eaten.

16)[line 36]כבשי עצרתKIVSEI ATZERES

The Torah commands to bring a Minchah offering on Shavuos called the Shtei ha'Lechem (Vayikra 23:16-17). Besides Korbenos Olah, two sheep that are Zivchei Shelamim are to be offered in conjunction with the Shtei ha'Lechem (ibid. 23:19). (These sheep were the only Shelamim brought by the Tzibur, and the only Shelamim that were Kodshei Kodashim.)


(a)"Lishmah" is one of the Halachos that apply to Korbanos. This Halachah specifies that all of the actions (the "Avodos") that are performed on the Korban must be done with the intent of offering it as the specific type of Korban for which it was designated, and for the sake of the owners who dedicated it. For example, if Reuven brings a Korban Olah, the Kohen must perform the Shechitah for the sake of Reuven's Korban Olah.

(b)Four Avodos of the Korban must be performed Lishmah: Shechitah, Kabalas ha'Dam, Holachah, and Zerikas ha'Dam.