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.

1)

WOMEN ARE COMMANDED LIKE MEN

(a)

Answer #1: If we learned from there, one would think that this applies only to Mitzvos that are Shavah b'Chol.

(b)

Question: Tum'ah is not Shavah b'Chol, yet we need a verse to teach that women (Kohanos) are not forbidden to become Tamei!

1.

"Bnei Aharon" are forbidden not to become Tamei, but women (Benos Aharon) are not.

2.

This Isur applies only to Kohanim, and if not for the verse, it would apply to women!

i.

Suggestion: It would apply to women due to Rav Yehudah's teaching!

(c)

Answer: No, we would have learned this from "Lo Yikachu ".

(d)

Answer #2 (to Question 4:j, 84b): (Indeed, "A man or a woman" teaches that even a Lav she'Einah Shavah b'Chol applies to women.) "Lo Yikachu" is needed so we will not learn from Tum'ah that women are exempt.

(e)

Question: Are Kesheros forbidden to marry Chalalim?

(f)

Answer #1 (Rav Papa - Mishnah): Ten lineages came up from Bavel: Kohanim, Leviyim, Yisraelim, Chalalim, converts, freed slaves, Mamzerim, Nesinim, Shtuki (one whose mother is known, but not his father) and Asufi (a baby found abandoned; his parents are unknown);

1.

Kohanim, Leviyim and Yisraelim may intermarry. Leviyim, Yisraelim, Chalalim, converts and freed slaves may intermarry. Converts, freed slaves, Mamzerim, Nesinim, Shtuki and Asufi may intermarry.

2.

The Mishnah does not permit Kohanos and Chalalim to intermarry!

(g)

Rejection (Rav Huna brei d'Rav Yehoshua): The Mishnah teaches cases in which the men may marry the women and the women may marry the men. Since a Kohen may not marry a Chalalah, it did not teach that Kohanim and Chalalim may intermarry.

(h)

Answer #2 (Rav Idi bar Avin citing Rav Yehudah): Kesheros may marry Chalalim.

2)

WHO RECEIVES A KESUVAH?

(a)

(Mishnah): Sheniyos mid'Rabanan (do not receive a Kesuvah...)

(b)

Question (Bnei Biri): If a woman is a Sheniyah to her husband but not to her Yavam, does she receive a Kesuvah?

1.

Since we learned that a Yevamah collects her Kesuvah from the property of the deceased, she does not have one;

2.

Or, since we enacted a Kesuvah from the Yavam when there is no property from the deceased, here also!

(c)

Answer (Rav Sheshes - Beraisa): A Yevamah collects her Kesuvah from the property of the deceased.

1.

If she was a Sheniyah to the deceased, she does not have a Kesuvah from the Yavam.

(d)

Question: (Indeed, this answers the question. However, the Beraisa is difficult! The Reisha connotes that no one has a Kesuvah from the Yavam.) The Seifa connotes that other women (not Sheniyos) have a Kesuvah from the Yavam!

(e)

Answer: It means that she has a Kesuvah from the deceased's property. If he left no property, they enacted a Kesuvah from the Yavam. If she was a Sheniyah to the deceased, she has no Kesuvah even from the Yavam.

(f)

Question: (Indeed, this answers the question. However, the Beraisa is difficult! The Reisha connotes that no one has a Kesuvah from the Yavam.) The Seifa connotes that other women (not Sheniyos) have a Kesuvah from the Yavam!

(g)

Answer: It means that she has a Kesuvah from the deceased's property. If he left no property, they enacted a Kesuvah from the Yavam. If she was a Sheniyah to the deceased, she has no Kesuvah even from the Yavam.

(h)

Question (R. Elazar): If a widow married a Kohen Gadol, or a divorcee or Chalutzah married a regular Kohen, does she receive food?

1.

Question: What is the case?

i.

Suggestion: If she is still married, she must leave him. Should she be fed?!

2.

Answer: The case is, he went overseas and she borrowed money for food.

i.

Food is a provision of a Kesuvah. Since she has a Kesuvah, she has provisions;

ii.

Or, perhaps she has a Kesuvah, since she gets it when she leaves (and we want her to leave), but she does not get food, for it helps her remain married!

(i)

Version #1 - Answer (R. Yochanan): She is not fed.

(j)

Question (Beraisa): She is fed.

(k)

Answer: The Beraisa refers to after his death.

(l)

Version #2 - Answer (R. Yochanan - Beraisa): She is fed.

(m)

Objection (R. Elazar): She is standing to be divorced!

(n)

Support (R. Yochanan, for himself - Beraisa): She is fed.

(o)

Rejection (R. Elazar): The Beraisa refers to after his death.

3)

WHICH WOMEN HAVE NO KESUVAH?

(a)

(Beraisa): If a widow married a Kohen Gadol, or a divorcee or Chalutzah married a regular Kohen, she has a Kesuvah, fruits (of her property), food, and Bala'os (remnants of or compensation for depreciation of her property);

1.

She is disqualified and her child is disqualified. We force him to divorce her;

(b)

A Sheniyah mid'Rabanan does not have a Kesuvah, fruit, food, or Bala'os;

1.

She is Kesherah and her child is Kosher. We force him to divorce her.

(c)

Question #1: Why did they say that a widow married to a Kohen Gadol has a Kesuvah?

(d)

Answer #1 (R. Shimon ben Elazar): It is because he is disqualified (Tosfos - their child is a Chalal; Rashi - while married to her, he is like a Chalal) and she is disqualified. Whenever both are disqualified, they fined him to pay a Kesuvah.

85b----------------------------------------85b

(e)

Question #2: Why did they say that a Sheniyah mid'Rabanan does not have a Kesuvah?

(f)

Answer #1 (R. Shimon ben Elazar): It is because he and she are Kesherim. In such cases, she is fined and has no Kesuvah;

(g)

Answer #2 (to both questions - Rebbi): Torah Isurim do not need strengthening (so she receives her Kesuvah). Rabbinic Isurim need strengthening (so she is fined).

(h)

Another answer - a Kohen Gadol entices a widow to marry him, but a Sheniyah entices the man to marry her.

(i)

Question: Who taught this other answer?

(j)

Answer #1: R. Shimon ben Elazar taught it. He explains that when they are disqualified he must pay a Kesuvah, for (presumably) he enticed her. When they are Kesherim she has no Kesuvah, for (presumably) she enticed him.

(k)

Answer #2: Rebbi taught it. He was bothered why a Chalutzah has a Kesuvah, since it is a Rabbinic Isur!

1.

He answered that since he disqualifies her mid'Rabanan, he entices her. A woman loses her Kesuvah only in cases where she enticed him.

(l)

Question: In what case do R. Shimon ben Elazar and Rebbi argue?

(m)

Answer #1 (Rav Chisda): They argue about a Mamzeres or Nesinah married to a Yisrael:

1.

If she has a Kesuvah when the Isur is mid'Oraisa, she has a Kesuvah;

2.

If it depends on who entices whom, she has no Kesuvah, for she entices him (since her grandchild can be permitted, e.g. if her son marries a Shifchah and frees the child).

(n)

Objection: According to R. Eliezer, who says that a Mamzer's child from a Shifchah is a Mamzer slave (and her grandchild cannot become permitted), she would not entice him!

(o)

Answer #2 (Rav Yosef): They argue about Machazir (one who remarries) Gerushaso after she married someone else:

1.

If she has a Kesuvah when the Isur is mid'Oraisa, she has a Kesuvah;

2.

If it depends on who entices whom, she has no Kesuvah, for she entices him (since her child is Kosher).

(p)

Objection: According to R. Akiva, who says that the child of Chayavei Lavin is a Mamzer, she will not entice him!

(q)

Answer #3 (Rav Papa): They argue about a non-virgin married to a Kohen Gadol:

1.

This is a Torah Isur, but she entices (since her child is Kosher).

(r)

Objection: According to R. Eliezer ben Yakov, who says that a Chalal results from Chayavei Aseh, she will not entice him!

(s)

Answer #4 (Rav Ashi): They argue about one who remarries his Safek Sotah (she was secluded and is forbidden to him).

1.

This is a Torah Isur, but she entices (since she remains Kesherah).

(t)

Objection: According to R. Masya ben Charash, who says that even if he has Bi'ah with her on the way to drink Mei Sotah he makes her a Zonah, she will not entice him!

(u)

Answer #5 (Mar bar Rav Ashi): They argue about one who remarries his Vadai Sotah (she is already a Zonah due to adultery).

4)

WOMEN WHO MAY NOT EAT TERUMAH OR MA'ASER

(a)

(Mishnah): The following may not eat Terumah:

1.

A Bas Yisrael who is Mekudeshes to, pregnant from, or Shomeres Yavam to a Kohen;

2.

A Bas Kohen who is Mekudeshes to, pregnant from, or Shomeres Yavam to a Yisrael.

(b)

The following do not eat Ma'aser (Rishon):

1.

A Bas Yisrael who is Mekudeshes to, pregnant from, or Shomeres Yavam to a Levi;

2.

A Bas Levi who is Mekudeshes to, pregnant from, or Shomeres Yavam to a Yisrael.

(c)

Similarly, if a Bas Levi is Mekudeshes to, pregnant from, or Shomeres Yavam to a Kohen, or a Bas Kohen is Mekudeshes to, pregnant from, or Shomeres Yavam to a Levi, she may not eat Terumah or Ma'aser.

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