YEVAMOS 84 (5 Teves) - 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.

1)

R. ELIEZER'S OPINION ABOUT ANDROGINUS

(a)

Answer #2 (Rav Nachman bar Yitzchak - Beraisa - R. Eliezer): The following animals do not become Kodesh or make Kodesh (this will be explained):

1.

A crossbred animal;

2.

A Tereifah (i.e. it has a mortal injury);

3.

One born by Caesarian section;

4.

A Tumtum or Androginus.

5.

(Shmuel): It cannot become Kodesh, even through Temurah (if one said that it should be in place of a Korban). It does not make Kodesh through Temurah (even if it was born to a Korban and one said that another animal should be in place of it, the latter animal remains Chulin).

(b)

(Mishnah - R. Eliezer): One is Chayav Skilah for Bi'ah with an Androginus like with a male.

(c)

(Beraisa - Rebbi): When I learned by R. Elazar ben Shamu'a, his Talmidim allowed me to learn from him only one thing in our Mishnah, that R. Eliezer says that one is liable for Bi'ah with an Androginus, like with a male.

PEREK YESH MUTAROS
2)

A WOMAN FORBIDDEN TO HER HUSBAND OR YAVAM

(a)

(Mishnah): Some women are permitted to their husbands and forbidden to their Yevamim. Some are forbidden to their husbands and permitted to their Yevamim. Some are permitted to both. Some are forbidden to both;

(b)

The following are permitted to their husbands and forbidden to their Yevamim:

1.

A regular Kohen who married a widow, and his brother is a Kohen Gadol;

2.

A Chalal who married a Kesherah, and his brother is (a Kohen) Kosher;

3.

A Yisrael who married a Bas Yisrael, and his brother is a Mamzer;

4.

A Mamzer who married a Mamzeres, and his brother is a Yisrael.

(c)

The following are forbidden to their husbands and permitted to their Yevamim:

1.

A Kohen Gadol who was Mekadesh a widow, and his brother is a regular Kohen;

2.

A Kosher (Kohen) who married a Chalalah, and his brother is a Chalal;

3.

A Yisrael who married a Mamzeres, and his brother is a Mamzer;

4.

A Mamzer who married a Bas Yisrael, and his brother is a Yisrael.

(d)

The following are forbidden to both:

1.

A Kohen Gadol who married a widow, and his brother is a Kohen Gadol or a regular Kohen;

2.

A Kosher (Kohen) who married a Chalalah, and his brother is Kosher;

3.

A Yisrael who married a Mamzeres, and his brother is a Yisrael;

4.

A Mamzer who married a Bas Yisrael, and his brother is a Mamzer.

(e)

All other women are permitted to their husbands and their Yevamim.

(f)

If a woman is a Sheniyah to her husband but not to the Yavam, she is forbidden to her husband and permitted to the Yavam;

1.

If she is a Sheniyah to her Yavam but not to her husband, she is forbidden to her Yavam and permitted to her husband;

2.

If she is a Sheniyah to both, she is forbidden to both;

(g)

A Sheniyah does not receive any of the following - a Kesuvah; fruits (of her property); food; Bala'os (Tosfos - compensation for depreciation of her property; Rashi - remnants of her property);

1.

Her child is Kosher. We force her husband to divorce her.

(h)

The following women have a Kesuvah - a widow married to a Kohen Gadol, a divorced woman or Chalutzah married to a regular Kohen, a Mamzeres or Nesinah married to a Yisrael, and a Bas Yisrael married to a Mamzer or Nasin.

(i)

(Gemara) Question: Why does the Reisha discuss a regular Kohen who married a widow? Even if he was Mekadesh her she is forbidden to the Yavam (a Kohen Gadol)!

1.

Suggestion: Because he married her, she is forbidden by an Aseh (she is not a virgin) and a Lav. Had he only been Mekadesh her, the Aseh of Yibum overrides the Lav of a widow to a Kohen Gadol.

2.

Rejection: Our entire Perek discusses women forbidden only by a Lav, and the Aseh of Yibum does not override the Lav!

(j)

Answer #1: The Seifa discusses a Kohen Gadol who married a widow (therefore we also taught Nisu'in in the Reisha);

1.

There, through Nisu'in he made her a Chalalah. Had he only been Mekadesh her, she would be permitted to the Yavam.

(k)

Objection: Rather than teaching Nisu'in similar to the Seifa, we should teach about Kidushin, similar to the middle case, a Kohen Gadol who was Mekadesh a widow and has a brother who is a regular Kohen!

(l)

Answer #2: Rather, the Reisha discusses Nisu'in for similarity to the next case, a Chalal who married a Kesherah, and his brother is Kosher.

1.

This is only if he married her, and made her a Chalalah. Had he only been Mekadesh her, she would be permitted to his brother.

(m)

Question: Why does it teach about a Kohen who married a widow? Even if he married a virgin, when he dies, she is a widow and forbidden to his brother the Kohen Gadol!

84b----------------------------------------84b

1.

Suggestion: The Tana holds that the start of the marriage makes a woman fall to Yibum (if she was a virgin then, she would be permitted to do Yibum).

2.

Rejection: The Tana taught that a Kesherah married to a Chalal is forbidden to her Kosher Yavam, even though at the start of the marriage she was permitted!

(n)

Answer: It discusses a widow for similarity to the Seifa, a Kohen Gadol who married a widow and his brother is a Kohen Gadol or regular Kohen.

1.

This is only if he married a widow. If she was a virgin, she was permitted to her husband!

3)

OMISSIONS OF THE MISHNAH

(a)

Question (Rav Papa): According to Rav Dimi, who said that the child of a (Mitzri) Sheni from a Rishonah is a Sheni, the Mishnah should also have taught the following case:

1.

If a Sheni married two Mitzriyos, a Rishonah and a Sheniyah, and had a son from each, they are a Sheni and a Shelishi, respectively;

2.

If one of the sons marry women proper for themselves (A Mitzris Sheniyah and Bas Yisrael, respectively), they (their wives) are permitted to their husbands and forbidden to their Yevamim. (Tosfos - really, the Sheniyah is permitted to both, for Kahal Gerim Lo Ikri Kahal. The Bas Yisrael is forbidden to her Yavam. Rashi explains like the simple meaning. The Rashash and Sha'ar ha'Melech questioned this.)

3.

If each son marries a woman proper for his brother, they are (Tosfos - the Bas Yisrael is) forbidden to their husbands and permitted their Yevamim;

4.

A convert is permitted to both [her husband and her Yavam]. An Ailonis [forbidden to her husband, e.g. a Sheniyah married to a Shelishi, or a Bas Yisrael to a Sheni) is forbidden to both.

(b)

Answer: The Tana omitted this case.

(c)

Question: If so, surely he omitted another case. What is it?

(d)

Answer: He omitted a Petzu'a Daka.

(e)

Question: This is not an omission. It is Chayavei Lavin, and Chayavei Lavin were already taught!

(f)

Answer: Multiple cases of Chayavei Lavin were taught!

(g)

Support #1: After teaching about a regular Kohen who married a widow, it also teaches a Chalal who married a Kesherah (even though the latter does not teach anything new).

(h)

Rejection: No, that case is needed to teach Rav Yehudah's law:

1.

(Rav Yehudah): A Kesherah (Bas Kohen) is permitted to a Chalal.

(i)

Support #2: After teaching about a Chalal who married a Kesherah, it also teaches a Yisrael who married a Bas Yisrael and has a brother who is a Mamzer.

(j)

Objection: No, it was necessary to teach Chayavei Lavin that are Shavah b'Chol (apply to all of Yisrael), and Lavim that are not (e.g. Isurei Kohanim).

(k)

Answer: It also teaches about a Yisrael who married a Mamzeres and has a brother who is a Yisrael (this is also Shavah b'Chol)!

(l)

Conclusion: This shows that extra cases were taught even if they teach nothing new. The Tana did not teach every case that could have been taught (so we can say that he also omitted Mitzri brothers).

4)

MAY A BAS KOHEN MARRY A CHALAL?

(a)

(Rav Yehudah): A Bas Kohen may marry a Chalal.

(b)

Support (Mishnah): A Chalal who married a Kesherah...

1.

Assumption: 'Kesherah' refers to a Bas Kohen who is permitted to a Kohen.

(c)

Rejection: No, it refers to a Bas Yisrael;

(d)

Question: What does 'Kesherah' mean?

(e)

Answer: She is permitted to Kahal (Yisrael).

(f)

Objection: If so, 'he has a Kosher brother' also means that he is permitted to Kahal. This implies that a Chalal is forbidden to Kahal!

1.

Rather, 'Kosher' means, a Kohen. Similarly, 'Kesherah' means a Bas Kohen.

(g)

Rejection: Not necessarily! One does not depend on the other!

(h)

Question (Ravin bar Nachman - Beraisa): "Lo Yikachu (they will not marry)" is repeated, to teach that women are also commanded not to marry unfitting men.

(i)

Answer (Rava): A woman is forbidden only when he is forbidden to marry her.

(j)

Question: A different verse teaches this!

1.

(Rav Yehudah): "A man or woman that will do any sin" equates women to men for all punishments.

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