1)

CAN A MINOR GIVE BIRTH? (cont.)

(a)

Answer #3 (Rav Zvid): She cannot have children without bringing Simanim (and they are valid signs of adulthood even if she is less than 12).

(b)

Question: We can check if she brought! (Why must we rely on a Chazakah?)

(c)

Answer: We are concerned lest they fell out.

(d)

Question: This is like the opinion that is concerned lest Simanim fell out. How can we answer for the opinion that is not concerned?

(e)

Answer: Here even he is concerned lest they fell out due to the pain of childbirth.

2)

THE EXEMPTION OF THE TZARAH [line 5]

(a)

(Mishnah): The Arayos exempt their Tzaros (and the Tzaros of their Tzaros).

(b)

Question: What is the source of this?

(c)

Answer #1 (Rav Yehudah): "Litzror (to be a co-wife)" - the extra 'Reish' suggests many Tzaros.

(d)

Answer #2 (Rav Ashi): It is logical. A Tzarah is forbidden because she falls to Yibum with an Ervah. The Tzarah of a Tzarah also falls to Yibum with an Ervah (Tzaras Ervah is Eshes Ach without a Heter)!

(e)

(Mishnah): If the Ervah... was divorced... the Tzaros are permitted.

(f)

This applies even if the deceased married the Tzarah before he divorced the Ervah.

(g)

Contradiction (Mishnah): Reuven, Shimon and Levi (brothers) are married to Rachel and Leah (sisters) and Esther (an unrelated woman), respectively. Reuven divorced Rachel, then Levi died. Reuven did Yibum, then died. In this case, we say that if the Ervah... was divorced, the Tzaros are permitted.

1.

We only say this because he divorced before doing Yibum, but if not, not!

(h)

Answer #1 (R. Yirmeyah): We must say that different Tana'im taught these Mishnayos.

1.

The Tana of our Mishnah holds that the widows fall to Yibum at the time of death. The Tana of the other Mishnah considers the fall to begin from when they married.

(i)

Answer #2 (Rava): One Tana taught both Mishnayos. Mishnah #2 teaches something which follows from our Mishnah (all the more so if he divorced before doing Yibum, the Tzaros are permitted)!

(j)

(Mishnah): Anyone who could have done Mi'un...

(k)

Question: Let her do Mi'un now, and then her Tzarah may do Yibum!

(l)

Suggestion: She cannot because of R. Oshaya's law (our Mishnah supports him):

1.

(R. Oshaya): A girl can do Mi'un to undo a Ma'amar, but not to undo a fall to Yibum.

(m)

Rejection: Perhaps Mi'un can undo a fall to Yibum, but the case of Tzaras Ervah is different, like Rami bar Yechezkel taught:

1.

(Rami bar Yechezkel): If a girl did Mi'un to her husband, she may marry his father. If she did Mi'un to the Yavam, she is forbidden to the father.

i.

This is because when she fell to Yibum, she looked like his daughter-in-law.

2.

Also here, when the fell to Yibum (before Mi'un), she looked like Tzaras Ervah.

3)

THE MORE STRINGENT ARAYOS [line 28]

(a)

(Mishnah): Six Arayos are more stringent than the 15 (Daf 2A). Since these six can marry others (but not brothers of the Yavam), their 'Tzaros' are permitted (they are not really Tzaros, for the Ervah is not truly married):

1.

The Yavam's mother;

2.

His father's wife;

3.

His father's sister;

4.

His paternal sister;

5.

The wife of his father's brother;

6.

The wife of his paternal brother.

(b)

Beis Shamai permit a Tzarah (of Ervah) to the brothers;

(c)

Beis Hillel forbid.

13b----------------------------------------13b

(d)

If a Tzarah did Chalitzah, Beis Shamai disqualify her from Kehunah (marrying a Kohen);

(e)

Beis Hillel permit.

(f)

If she did Yibum, Beis Shamai permit her to Kehunah (if later she was widowed);

(g)

Beis Hillel forbid.

(h)

Even though Beis Shamai and Beis Hillel argued, they would not refrain from marrying women of the opposing school.

(i)

Even though in many laws of Taharah, one school is Metaher and the other is Metamei, each school trusted the Taharah of Kelim of the other school.

4)

THE SOURCE FOR BEIS SHAMAI [line 8]

(a)

(Gemara - R. Shimon ben Pazi): Beis Shamai learns from "Lo Sihyeh Eshes ha'Mes ha'Chutzah l'Ish Zar". This implies that there are insiders (relatives of the Yavam), and the Torah said that she (the outsider, i.e. Tzaras Ervah) may not marry someone else. (Rather, she does Yibum);

(b)

Beis Hillel expound the verse as Rav Yehudah does:

1.

(Rav Yehudah): If a stranger was Mekadesh a Yevamah, it does not take effect. "Lo Sihyeh..." - she cannot have Havayah (Kidushin) to a stranger. (Havayah and Sihyeh come from the same root.)

(c)

Beis Shamai disagree, for it says "ha'Chutzah". It does not say 'la'Chutz (to a stranger)'!

(d)

Beis Hillel say that since there is a 'Hei' at the end of the word, it is as if it says 'la'Chutz':

1.

(Beraisa - R. Nechemyah): The Torah (sometimes) puts a 'Hei' at the end of a word that should have the prefix 'Lamed' (to mean 'to').

2.

(Tana d'Vei R. Yishmael): Some examples are "Mitzraimah", "Midbarah"...

(e)

Beis Shamai learn Rav Yehudah's law from "l'Ish Zar".

(f)

Question: Why don't Beis Hillel also learn from there?

(g)

Retraction: They actually do.

(h)

Question: If so, what do they learn from "ha'Chutzah"?

(i)

Answer: This includes a widow who was only Mekudeshes.

1.

Beis Shamai learns this from the extra 'Hei' at the end of "Chutz".

2.

Beis Hillel do not expound the 'Hei', for they do not consider it to be extra.

(j)

(Rava): The reason for Beis Shamai is Ein Isur Chal Al Isur (an Isur does not take effect on something already forbidden).

(k)

We understand this if Reuven married Rachel before his brother Shimon married her sister Leah (and Reuven died);

1.

Rachel does not become forbidden to Shimon due to Achos Ishto (his wife's sister), since she was already forbidden (Eshes Ach, his brother's wife. Therefore, Rachel's Tzarah is not considered Tzaras Ervah.)

(l)

Question: However, if Shimon married Leah before Reuven married Rachel, Achos Ishto took effect on Rachel (her Tzarah should be considered Tzaras Ervah)!

(m)

Answer: Since the Isur of Eshes Ach did not take effect on her (since she was already forbidden), we do not consider her Tzarah to be Tzaras Ervah in the situation of Yibum, therefore her Tzarah is permitted.

(n)

(Mishnah): If a Tzarah did Chalitzah...

(o)

Question: Why does the Mishnah need to teach that Beis Hillel permit her to Kehunah? They say that there was no need for Chalitzah!

(p)

Answer: The Mishnah teaches unlike R. Yochanan ben Nuri, who suggested enacting that in every case of Tzaras Ervah, Chalitzah should be done (so that all marriages will be valid according to both schools. R. Yochanan ben Nuri would disqualify from Kehunah, since he holds that Chalitzah was necessary, mid'Rabanan.)

(q)

(Mishnah): If she did Yibum, Beis Hillel disqualify her from Kehunah.

(r)

Question: Why is this needed?

(s)

Answer: Since we taught the law regarding Chalitzah, we also teach regarding Yibum.

5)

FACTIONS WITHIN YISRAEL [line 38]

(a)

(Mishnah): The Megilah is read on the 11th, 12th, 13th, 14th, and 15th.

(b)

Question (Reish Lakish): This transgresses "Lo Sisgodedu" - do not have differing factions!

1.

Question: "Lo Sisgodedu" forbids wounding oneself in grief over a deceased!

2.

Answer: "Lo Segodedu" would have taught that. The Torah wrote "Lo Sisgodedu" to forbid factions.

3.

Question: Perhaps it comes only to teach this!

4.

Answer: If so, it should have said 'Lo Sagodu'. Since it says "Lo Sisgodedu", we learn both.

(c)

Counter-question: (R. Yochanan): Why didn't you ask from a prior Mishnah?

1.

(Mishnah): Where the custom is do work on Erev Pesach, we work until noon. Where the custom is not to work, we do not work.

(d)

Answer #1 (Reish Lakish): I asked regarding an Isur. Why do you suggest I should ask regarding a custom?

1.

(Rav Shemen bar Aba): "To fulfill... in their times" - Chachamim enacted many times (to read Megilas Esther).

(e)

Objection: Also working on Erev Pesach is an Isur!

1.

(Mishnah): Beis Shamai forbid working the previous night;

2.

Beis Hillel permit.

(f)

Answer #2 (Reish Lakish): If one does not work, it looks like he has no work to do (so it is not a problem of factions).