1)

SAFEK YISRAELIM (cont.)

(a)

(R. Aba bar Kahana): "And he (Sancheriv) settled them in Chalach, Chabor... and the cities of Madai" - these are (now called) Chalazon, Chadyev, Ginzek, Chamdan and its surrounding villages;

1.

Others say (that Madai is) Nihar, and its surrounding villages.

(b)

Question: Which are its surrounding villages?

(c)

Answer (Shmuel): They are Chrach, Moshchi, Chidki and Dumkiya.

(d)

(R. Yochanan): The lineage of all these places is Pasul.

(e)

Version #1 (Rav Yehudah citing Shmuel): Your son that comes from a Bas Yisrael is called your son. Your son who comes from a Nochris is not called your son, rather her son (a Nochri. Therefore, we are not concerned for Kidushin of people from these places.)

(f)

Question: We should be concerned for descendants of females of the 10 Shevatim!

1.

(Ravina): The son of your daughter from a Nochri is called your son (a Yisrael)!

(g)

Answer: We have a tradition that girls of that generation (when the 10 Shevatim were exiled) became sterile.

(h)

Version #2 (Rav Yehudah citing Shmuel): Chachamim at the time immediately declared that they are Nochrim - "They betrayed Hash-m, for they fathered foreign children." (Keren Orah - Chachamim can enact to uproot their Kidushin, but they cannot make them Nochrim in every respect. Alternatively, perhaps Nevi'im, with Ru'ach ha'Kodesh, declared that they are Nochrim in every respect.) (end of Version #2)

(i)

(Rav Yehudah): Yisrael will make a Yom Tov when Tarmod is destroyed (for Yisraelim intermarry with Mamzerim from there).

(j)

Question: It already was destroyed!

(k)

Answer: No, Tamod was destroyed.

(l)

(Rav Ashi): Tarmod and Tamod are the same. When one side was destroyed, the other side was settled, and vice-versa.

(m)

(Ula): Rav Hamnuna is a great Chacham. It is a shame that he is from Herpanya (a place of poor lineage).

(n)

Rav Hamnuna was embarrassed.

1.

Ula: To where do you pay your head tax?

2.

Rav Hamnuna: I pay to Fum Nahara.

3.

Ula: If so, you are considered to be from there (they have good lineage).

(o)

Question: What is Herpanya?

(p)

Answer #1 (R. Zeira): It is the HaR (mountain) to which everyone (of bad lineage, who cannot marry elsewhere,) is PoNeh (turns).

(q)

Answer #2 (Beraisa): Anyone who doesn't know his family and Shevet goes there.

(r)

(Rava): It is deeper (more irreparable) than Gehenom:

1.

"From the pit (Gehinom) I will redeem them, from death" - but there is no remedy for Pesulim of Herpanya.

(s)

The Pesulim of Herpanya came from the Pesulim of Meshan (a nearby city). The Pesulim of Meishan came from the Pesulim of Tarmod. The Pesulim of Tarmod came from the slaves of Shlomo.

1.

This is like people say, both big and small measures (Pesulim) descend to She'ol (Rashi - Gehenom; Tosfos - Bavel). From She'ol they descend to Tarmod, then to Meishan, and then to Herpanya.

PEREK KEITZAD
2)

ESHES ACHIV SHE'LO HAYAH B'OLAMO [line 36]

(a)

(Mishnah) Question: What is the case of Eshes Achiv she'Lo Hayah b'Olamo (the widow of a brother who died before the Yavam was born)?

(b)

Answer: Reuven and Shimon are brothers. After Reuven died, Levi (another brother) was born. Then, Shimon did Yibum with Chanah (Reuven's widow), and Shimon died.

(c)

The first wife is exempt because her husband was not alive in the life of the Yavam; the second wife (of Shimon, Leah,) is exempt because she is Chanah's Tzarah.

(d)

If Shimon merely gave a Ma'amar to Chanah, Leah does Chalitzah but not Yibum.

(e)

(Gemara - Rav Nachman): In some texts of the Mishnah, Chanah is called 'the first' wife. In other texts she is called 'the second'. Both of these are proper texts:

17b----------------------------------------17b

1.

She can be called first because she was the first to fall to Yibum;

2.

She can be called second because she was the second to marry (Shimon).

3.

Objection: Surely, the Mishnah applies even if Shimon did Yibum before marrying Leah!

4.

Correction: Rather, Chanah can be called the second because this was her second marriage.

(f)

Question: Where does the Torah discuss Eshes Achiv she'Lo Hayah b'Olamo?

(g)

Answer (Rav Yehudah): "Ki Yeshvu Achim Yachdav" - they dwelled together in the world;

1.

"Yachdav" - they must be able to inherit each other. This excludes maternal brothers.

(h)

(Rabah): We learn that they must be paternal brothers from a Gezeirah Shavah 'Achvah-Achvah' from Yakov's sons;

1.

Yakov's sons were paternal brothers, but not maternal brothers. Yibum depends on this.

(i)

Question: Why don't we learn from 'Achvah' written regarding Arayos?

(j)

Answer: We learn "Achim" from "Achim", and not from the word "Achicha" written regarding Arayos.

(k)

Question: We may learn from different words. Tana d'Vei R. Yishmael learns a Gezeirah Shavah between "Returns" and "comes"!

(l)

Answer: That is only when there are not more similar words. When there are more similar words, we learn from them.

(m)

Question: Why don't we learn from "Achim" written regarding Lot?

(n)

Answer: It is better to learn from Bnei Yakov since it is extra, to be expounded;

1.

It could have said 'We are 12, the sons of one man.' "Achim" is extra for the Gezeirah Shavah.

(o)

The Torah needed to write "Achim", and also "Yachdav".

(p)

Had it written only "Achim", one would think to learn from Lot.

1.

This is reasonable, for "Achim" written regarding Lot is extra. It should have said 'we are friends.'

2.

Therefore, it says "Yachdav", to teach that they must inherit together.

(q)

Had it written only "Yachdav", one might have thought that they must have the same mother and father.

(r)

Question: Why would one think so? Yibum depends on inheritance, which is from the father!

(s)

Answer: Since Yibum is a Chidush, in which Ervah is permitted, one might have thought that they must be brothers even from the mother.

3)

ZIKAH [line 34]

(a)

(Rav Huna citing Rav): If a Yevamah died, her Yavam may marry her mother.

(b)

He holds that Ein Zikah (a Yevamah is not considered to be Mekudeshes to the Yavam. If he held that Yesh Zikah, her mother would be forbidden to him.)

(c)

Question: He should have said that the Halachah follows the opinion (Chachamim of R. Yehudah ben Beseira, 41a) that Ein Zikah!

(d)

Answer: Had he said so, one might have thought that this is only when there is more than one Yavam (since she can do Yibum with any brother, it is unreasonable to say that she is Mekudeshes to one), but when there is only one Yavam, Yesh Zikah!

(e)

Question: He should have said that the Halachah follows the opinion that Ein Zikah, even when there is one Yavam!

(f)

Answer: If so, one might have thought that this is true even when she is alive;

1.

Rather, he teaches that the Yavam may marry her mother only after she dies.

2.

When she is alive it is forbidden, for this uproots the Mitzvah of Yibum.

(g)

Question (Mishnah): If a Yevamah died, the Yavam may marry her sister.

1.

Suggestion: He may marry her sister, but not her mother - (just like death of one's wife permits her sister, but not her mother)!

(h)

Answer: No, he may marry even her mother;

1.

The Reisha of that Mishnah permits his wife's sister after his wife dies, but not her mother, for a mother-in-law is forbidden mid'Oraisa even after the wife died;

2.

Therefore, the Seifa also discusses her sister.

(i)

(Rav Yehudah): If a Yevamah died, her Yavam may not marry her mother.

(j)

He holds that Yesh Zikah.

(k)

Question: He should have said that the Halachah follows the opinion that says Yesh Zikah!

(l)

Answer #1: If so, one might have thought that is only when there is only one Yavam, but when there is more than one Yavam, Ein Zikah!

(m)

Objection: They argue about when there is more than one Yavam!