YEVAMOS 98 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger, of Queens, New York.
 
12th CYCLE DEDICATIONS
 
YEVAMOS 98 (25 Av) - Dedicated by Mrs. G. Kornfeld on the seventh Yahrzeit for her mother, Mrs. Gisela Turkel (Golda bas Reb Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.

1)

ARE CONVERTS PERMITTED TO THEIR RELATIVES?

(a)

Answer: Really, it is permitted. Since the Seifa says that they are liable, the Reisha says that they are not liable, for parallel structure.

(b)

(Rava): People say that a Mitzri (Nochri) has no father. This is not because they have Bi'ah wantonly, and we do not know who the father is, but if we would know, we would be concerned;

(c)

Rather, even when we know, we are not concerned. Twins come from the same drop of semen, just it split into two, and the Beraisa teaches that they do not do Chalitzah or Yibum!

1.

Rather, the Torah considers the child to have no father - "Their flesh is flesh of donkeys, and their seed is like that of horses".

(d)

Question: R. Yosi said that Niftaim the convert married the wife of Ploni, his maternal brother. Chachamim said that marriage does not apply to a convert.

1.

Objection: We cannot say that if he was Mekadesh a woman it does not take effect!

2.

Correction: Rather, the Isur of Eshes Ach does not apply.

3.

Suggestion: The case is, Ploni married her after he converted.

(e)

Answer: No, he married her before conversion.

(f)

Question: If so, obviously she is permitted!

(g)

Answer: One might have thought that we decree due to the case when he married her after conversion. R. Yosi teaches that we do not.

(h)

Question (Beraisa - Ben Yosiyan): I saw a convert who married his maternal brother's wife. I asked who permitted this;

1.

The convert: Here are a woman and her seven children that were permitted. R. Akiva sat on this rock and said two things:

i.

A convert may marry the wife of his maternal brother;

ii.

"Hash-m's word to Yonah the second time" - He did not speak to him a third time.

2.

Suggestion: The Beraisa permits the wife of a maternal brother, i.e. whom he married after conversion.

(i)

Answer: No, he married her before conversion.

(j)

Question: If so, obviously she is permitted!

(k)

Answer: One might have thought that we decree due to the case when he married her after conversion. The Beraisa teaches that we do not.

(l)

Question: The convert is not believed to say that R. Akiva permitted this!

1.

(Rav Yehudah): If a Chacham says a teaching (that pertains to himself), we accept it only if he already taught it before the case arose.

(m)

Answer #1: This case was, he had already said the teaching.

(n)

Answer #2: Here he was believed, because the woman and her seven children had already been permitted.

(o)

Answer #3: Here he was believed because he said another teaching with it.

(p)

(Beraisa): "Hash-m's word to Yonah the second time" - He did not speak to him a third time.

(q)

Question: It says, "He (Yarav'am ben Yoash) returned the border... like Hash-m said through Yonah"!

(r)

Answer #1 (Ravina): He spoke only twice with him regarding Ninveh.

(s)

Answer #2 (Rav Nachman bar Yitzchak): "Like Hash-m said through Yonah", just like Ninveh was reversed from evil to good, also in the days of Yarav'am ben Yoash, Yisrael reversed from evil to good.

2)

RELATIVES PERMITTED TO A CONVERT

(a)

(Beraisa): If a boy was born after his mother converted, but was conceived beforehand, he is considered a convert. He is forbidden to maternal relatives, but not to paternal relatives;

(b)

If he married his maternal sister or his father's maternal sister, he must divorce her. If he married his paternal sister or his father's paternal sister, they may stay married;

98b----------------------------------------98b

(c)

If he married his mother's maternal sister, he must divorce her.

(d)

R. Meir says, if he married his mother's paternal sister, he must divorce her;

1.

R. Meir says that he must divorce any relative on the mother's side, but he may keep any relative on the father's side.

(e)

Chachamim say, he may keep her.

(f)

He is permitted to the wife of his (maternal - Bach deletes this from the text) brother, and the wife of his father's brother, and all other Arayos are permitted;

1.

This includes his father's wife.

(g)

If he (any Nochri) married a woman and her daughter (and later they all converted), he has Nisu'in with one and divorces the other. L'Chatchilah, he should not do Nisu'in (this will be explained).

(h)

Version #1: If his (any Nochri's) wife dies, he is permitted to his mother-in-law (Nimukei Yosef - even if all three converted before she died);

(i)

Version #2: If his wife dies, he is forbidden to his mother-in-law.

(j)

Question: The Beraisa says that he is permitted to his brother's wife.

1.

Suggestion: The case is, his brother married her after conversion.

(k)

Answer: No, he married her before conversion.

(l)

Question: If so, obviously she is permitted!

(m)

Answer: One might have thought that we decree due to the case when he married her after conversion. The Beraisa teaches that we do not.

(n)

(Beraisa): If he married a woman and her daughter, he has Nisu'in with one and divorces the other. L'Chatchilah, he should not do Nisu'in.

(o)

Objection: If he must divorce her, of course l'Chatchilah he may not do Nisu'in!

(p)

Answer: The last clause refers to the cases in which he may keep her. L'Chatchilah, he should not do Nisu'in.

(q)

(Beraisa) Version #1: If his wife dies, he is permitted to his mother-in-law.

(r)

Version #2: He is forbidden to her.

1.

The latter version is like R. Yishmael, who says that the Isur of a mother-in-law is the same after the wife dies. Chachamim decree regarding a convert;

2.

The former version is like R. Akiva, who says that the Isur becomes lighter after the wife dies. Chachamim did not decree regarding a convert.

3)

CHILDREN WHO BECAME MIXED UP

(a)

(Mishnah): The children of five women got mixed up. These children grew up and married women. One of the men died without children. There is a five-way doubt about who is his father. A (definite) son from each of four of the five possible fathers does Chalitzah, and a son of the fifth possible father does Yibum (or Chalitzah).

(b)

If another of the mixed-up men died, the man who did Yibum and sons from three other (possible) fathers do Chalitzah, and a son from one father does Yibum;

(c)

Whenever a man from the mixture dies, his widow does Chalitzah with four men and may do Yibum.

(d)

(Gemara): The Chalitzos must be done before Yibum, lest her husband was from a different father (than the Yavam), and the 'Yibum' is really a Shomeres Yavam (improperly) marrying a stranger.

(e)

Question: When a second man from the mixture died, why must the man who did Yibum before do Chalitzah now? He should be allowed to do Yibum again!

(f)

Answer: We do not want one man to do Yibum to all of them. Rather, one man from each father does Yibum once. Perhaps each Yevamah will get her true Yavam.

(g)

(Beraisa): If some of them (have) brothers, and some (have) no brothers - the brothers do Chalitzah, those without brothers do Yibum.

(h)

Question: What does this mean?

(i)

Answer (Rav Safra): If some sons of the possible fathers are (only Safek) paternal brothers to a man from the mixture, and some are (perhaps only) maternal brothers, the maternal brothers do Chalitzah, and the paternal brothers do Yibum (or Chalitzah. I.e. if one of the mothers had children from two different men, any child of hers could be a maternal brother from a different father.)

(j)

(Beraisa): If some of the (possible) brothers are Kohanim and others are not, the Kohanim do Chalitzah and the others do Yibum (or Chalitzah);

(k)

If some brothers are Kohanim and others are (perhaps only) maternal brothers, both do Chalitzah, but not Yibum.

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