1)
(a)With whom did Rav Yehudah go to learn after Rav Asi died?
(b)What did Shmuel comment, when Rav Yehudah told him what Rav Asi had said about a Nochri and an Eved who betroths nowadays? What did he learn from the Pasuk in Va'eschanan "Ki Yasir es Bincha me'Acharai"?
(c)What is the Din of the children born to a Jewish woman who intermarries? Why was he not concerned about them being Mamzerim?
(d)In the second Lashon, Shmuel quoted the Pasuk in Hoshei'a "ba'Hashem Bagdu, Ki Banim Zarim Yaladu". How did he explain it?
1)
(a)After Rav Asi's death - Rav Yehudah went to learn with Shmuel. (This seems to clash however, with what we have learned in other places, that Rav Yehudah learnt by Rav, and it was after the death of Rav that he went to learn by Shmuel).
(b)When Rav Yehudah told Shmuel what Rav Asi had said about a Nochri and an Eved who betroths nowadays, he responded by citing the Pasuk "Ki Yasir es Bincha mei'Acharai", which teaches us that - it is when a Nochri 'marries' a bas Yisrael, that he takes his Jewish son (who is born from his Jewish wife) away from Judaism, to worship idols, but not a Nochri woman who marries a Yisrael (whose son is a Nochri anyway). So we see that the child adopts his mother's religion, and not his father's (Not like Rav Asi maintained).
(c)Children born to a bas Yisrael who intermarries - are Jewish, as we just explained. Shmuel was not concerned about them being Mamzerim however, because of the tradition that the women of that generation became barren and were unable to bear children.
(d)In the second Lashon, Shmuel quoted the Pasuk "ba'Hashem Bagdu, Ki Banim Zarim Yaladu" - from which he Darshened that the Chachamim of that time declared them all to be complete Nochrim.
2)
(a)When Rav Kahana made a statement about the impending destruction of Tarmud, he was sitting in front of Rav Yehudah. Who was sitting behind him?
(b)What did Rav Kahana say about it?
(c)We initially explain the misunderstanding that Tarmud had been destroyed already, by establishing that as Tamud, and not Tarmud. What alternative explanation does Rav Ashi give to resolve the discrepancy?
2)
(a)When Rav Kahana made a statement about the impending destruction of Tarmud, he was sitting in front of Rav Yehudah. Sitting behind him - was Rav Yosef.
(b)What Rav Kahana said was - that Yisrael would celebrate when it occurred.
(c)We initially explain the misunderstanding that Tarmud had been destroyed already, by establishing that as relating to Tamud, and not Tarmud. Alternatively, Rav Ashi says, it was indeed Tarmud that was destroyed, but that whenever one side was destroyed, they would build up the other side.
3)
(a)What did Ula comment about Rav Hamnuna, and the fact that he came from Harpanya, when he asked him many questions in the course of his Shi'ur?
(b)Was he really from Harpanya?
(c)What is Harpanya the acronym of?
(d)What did Rava mean when he said that it was deeper than Gehinom?
3)
(a)When Rav Hamnuna asked Ula many questions in the course of his Shi'ur, he commented - that Rav Hamnuna would be a great man if not for the fact that he came from Harpanya, where they were not Meyuchasim (of good stock [though it is not clear why that should detract from his greatness]).
(b)As a matter of fact, Rav Hamnuna was not from Harpanya at all, because, as Ula himself concluded - since he paid taxes to Pum Nahara, he was considered a Pum Naharian.
(c)Harpanya is the acronym of 'Har (she'ha'Kol) Ponin (Bo)' - the mountain to which everyone turns (meaning that any Pasul person who could not find a wife would go there, because he knew that there he might succeed in finding one).
(d)When Rava said that it was deeper than Gehinom, he meant - that it was worse than Gehinom, inasmuch as Gehinom does not last forever (as the Navi Hoshei'a writes - "mi'Yad She'ol Efdem"), whereas there is no escape for the Pesulim of Harpanya.
4)
(a)'Pesulei d'Harpanya Mishum Pesulei d'Mishon, Pesulei d'Mishon Mishum Pesulei d'Tarmud'. What does this mean?
(b)And what was the source of the Pesulim of Tarmud?
(c)What does 'Kaba Rabah v'Kabah Zuta' mean?
4)
(a)'Pesulei d'Harpanya Mishum Pesulei d'Mishon, Pesulei d'Mishon Mishum Pesulei d'Tarmud' means - that because Harpanya is close to Mishon, the Pesulim of Mishon spill over into Harpanya, and the same goes for the Pesulim of Tarmud, who spill over into Mishon.
(b)The source of the Pesulim of Tarmud - was the slaves of Shlomo.
(c)'Kaba Rabah v'Kabah Zuta' means - that the one is a larger measure than the other: from Gehinom (the smaller measure), the Pesulim fall into Tarmud (the larger one), and again from Tarmud, into Mishon and from Mishon, into Harpanya (see also Agados Maharsha).
Hadran Alach Chamesh-Esrei Nashim
Perek Keitzad
5)
(a)What is the case of Tzaras Eishes Achiv she'Lo Hayah b'Olamo who is exempt from Yibum?
(b)What happens to the Tzarah if the second brother made Ma'amar with her, but had not yet managed to perform Yibum when he died, and they then falls to the third brother?
(c)What is the status of a Yevamah with whom Ma'amar has been performed?
5)
(a)The case of Eishes Achiv she'Lo Hayah b'Olamo who exempts her Tzarah from Yibum is - when one of two brothers dies, and, after a third brother is born, the live brother, who already has a wife, performs Yibum with his deceased brother's wife; the first wife is exempt because she is an Eishes Achiv she'Lo Hayah b'Olamo, the second wife, because she is a Tzarah.
(b)If the second brother made Ma'amar with her, but had not yet managed to perform Yibum when he died, and she falls to the third brother - he is obligated to perform Chalitzah, but not Yibum.
(c)A Yevamah with whom Ma'amar has been done - is a Tzaras Ervah b'Miktzas mid'Rabanan.
17b----------------------------------------17b
6)
(a)Some refer to Eishes Achiv she'Lo Hayah b'Olamo (when she falls to the younger brother to Yibum for the second time) as 'Rishonah', others as 'Sheniyah'. Why is she referred to as 'Rishonah'?
(b)What is wrong with referring to her as 'Sheniyah' due to the fact that she was the second to marry the second brother (before he died)?
(c)Why then, is she referred to as 'Sheniyah'?
(d)Which Pasuk in Ki Setzei does Rav Yehudah Amar Rav cite as the source for 'Eishes Achiv she'Lo Hayah b'Olamo'?
6)
(a)Some refer to Eishes Achiv she'Lo Hayah b'Olamo (when she falls to the younger brother to Yibum for the second time) as 'Rishonah', others as 'Sheniyah'; 'Rishonah' - because she was the first to fall to Yibum.
(b)It is wrong to refer to her as 'Sheniyah' due to the fact that she was the second to marry the second brother (before he died) - because who said that this is the case?! Perhaps he performed Yibum with her before marrying the Tzarah!?
(c)In fact, she is referred to as 'Sheniyah' - because she has been married twice (once to her first husband, and once to the Yavam).
(d)The Pasuk in Ki Setzei which Rav Yehudah Amar Rav cites as the source for 'Eishes Achiv she'Lo Hayah b'Olamo' is - "Ki Yeshvu Achim Yachdav" (implying that Yibum only applies to brothers who lived at the same time, but not when the one was born after the other one died).
7)
(a)He also learns from "Yachdav" that they share their father's inheritance, to preclude a maternal brother from Yibum. Rabah learns this latter Derashah from a 'Gezeirah-Shavah'. Which 'Gezeirah-Shavah'?
(b)On what grounds do we reject the suggestion to rather include maternal brothers in the Din of Yibum, from "Achvah" "Achvah" from the Parashah of the Arayos, where the Torah writes "Ervas Achicha ... " (incorporating both a paternal brother and a maternal one)?
(c)On what grounds do we refute the Kashya on this rejection from the 'Gezeirah-Shavah' "v'Shav" "u'Ba", from which we see that even different words can form a 'Gezeirah-Shavah'?
(d)On what grounds do we reject the suggestion to learn the 'Gezeirah-Shavah' from Lot, where the Torah in Lech-L'cha also uses the word "Ki Anashim Achim Anachnu"?
(e)What if we had learned the Gezeirah-Shavah from Lot?
7)
(a)He also learns from "Yachdav" that they share their father's inheritance, to preclude a maternal brother from Yibum. Rabah learns this latter Derashah from a 'Gezeirah-Shavah' - from "Achvah" ("Ki Yeshvu Achim ... ") "Achvah" ("Shneim Asar Achim Bnei Avinu" written in Miketz, by the Bnei Yakov).
(b)We reject the suggestion to include maternal brothers in the Din of Yibum, from "Achvah" "Achvah" from the Parashah of the Arayos, where the Torah writes "Ervas Achicha ... " (incorporating both a paternal brother and a maternal one) - because we learn "Achim" from "Achim", but not "Achim" from "Achicha".
(c)We refute the Kashya on this rejection from the 'Gezeirah Shavah' "v'Shav" "u'Ba", from which we see that even different words can form a 'Gezeirah Shavah' - because that only applies if there is no alternative place to learn it from, but if, like here, there is a choice between learning "Achim" from "Achim", or "Achim" from "Achicha", we will naturally choose the former, because they are more similar.
(d)We reject the suggestion of learning the 'Gezeirah-Shavah' from Lot, where the Torah in Lech-L'cha also uses the word "Ki Anashim Achim Anachnu" - because it is not Mufneh (superfluous), whereas "Achim" of the Bnei Yakov is (since the Torah could have written "Shneim-Asar Avadecha Bnei Avinu").
(e)Had we learned the Gezeirah-Shavah from Lot then - when the wife of one's father's brother dies, she too, would require Yibum.
8)
(a)We conclude that in fact, "Achim" by Lot is also superfluous (since the Torah could have written "Re'im" instead). Then what prevents us from learning "Achvah" "Achvah" from Lot?
(b)Now that we have "Yachdav" however, why do we still need the 'Gezeirah-Shavah' of "Achvah" "Achvah" (from the Bnei Yakov)?
(c)Seeing as the Torah connects Yibum to inheritance (inasmuch as the Yavam inherits his brother's property), why would we have even thought that only a brother who is both paternal and maternal can perform Yibum?
8)
(a)We conclude that in fact, "Achim" by Lot is also superfluous (since the Torah could have written "Re'im" instead), and what prevents us from learning "Achvah" "Achvah" from Lot is the word "Yachdav" (be'Nachalah) to preclude from the possibility of learning from Lot.
(b)In spite of "Yachdav", we still need the 'Gezeirah-Shavah' of "Achvah" "Achvah" (from the Bnei Yakov) - to preclude the contention that Yibum can only be performed with a brother from both one's father and one's mother's side.
(c)Even though the Torah connects Yibum to inheritance (via the word Yachdav) we would nevertheless have thought that only a brother who is both paternal and maternal can perform Yibum - in order to cut down the Chidush of permitting an Ervah to its barest minimum.
9)
(a)What do we extrapolate from Rav Huna Amar Rav, who says that if a Shomeres Yavam dies, the Yavam is permitted to marry her mother?
(b)What does Rebbi Yehudah ben Beseirah (in Perek ha'Choletz) say about a Yavam who betrothed his Yevamah's sister, leaving his brother to perform Yibum with the Yevamah?
(c)What is his reason?
(d)We extrapolate from Shmuel, who says 'Halachah k'Rebbi Yehudah ben Beseirah, that the Rabanan argue with him. What do the Rabanan say? What is their reason?
(e)In that case, why did Rav not simply rule like the Rabanan?
9)
(a)We extrapolate from Rav Huna Amar Rav, who says that if a Shomeres Yavam dies, the Yavam is permitted to marry her mother - that he holds 'Ein Zikah' (meaning that the tie with a Yavam is no more than an obligation, but that it does not make the Yevamah into an Arusah). Otherwise, the mother would be forbidden to the Yavam because of Chamoso (who does not become permitted after his wife's death).
(b)Rebbi Yehudah ben Beseirah (in Perek ha'Choletz) says that if a Yavam betrothed his Yevamah's sister, leaving his brother to performs Yibum with the Yevamah - we tell him to wait until Yibum has indeed been performed (and the Zikah removed), before marrying the sister, because she is Achos Zekukaso ...
(c)because he holds 'Yesh Zikah'.
(d)We extrapolate from Shmuel, who says 'Halachah k'Rebbi Yehudah ben Beseirah', that the Rabanan disagree - and say that he may marry her immediately, because they hold 'Ein Zikah'.
(e)The reason that Rav did not simply rule like the Rabanan is - because the Rabanan say 'Ein Zikah' when there are two Yevamin (just like a woman cannot be betrothed to two brothers, or even to two strangers); whereas Rav holds 'Ein Zikah even there is only one Yavam.
10)
(a)What does Rebbi Akiva (in Perek Arba'ah Achim) say with regard to a Yavam nullifying his Yevamah's Nedarim?
(b)What is his reason?
(c)So why does Rav not simply rule like Rebbi Akiva?
10)
(a)Rebbi Akiva (in Perek Arba'ah Achim) rules - that a Yavam may not nullify his Yevamah's Nedarim, irrespective of whether there are two Yevamim or just one ...
(b)... because he holds 'Ein Zikah' - even by one Yavam).
(c)And the reason that Rav did not simply rule like Rebbi Akiva is - because then we would have thought that he even permits the Yavam to marry the Yevamah's mother, even whilst the Yevamah is still alive (before he has performed Chalitzah, thereby nullifying the Mitzvah of Yibum altogether (since the Yevamah would then become an Ervah); whereas in fact, this is something that Rav does not permit.
11)
(a)What do we initially extrapolate from the Mishnah in ha'Choletz: 'Yevimto she'Mesah, Mutar ba'Achosah'?
(b)What problem does this create?
(c)We answer that really, he is permitted to marry her mother as well, and the Tana writes 'Mutar ba'Achosah' (rather than 'be'Imah'), because of the Reisha. What does the Reisha say?
11)
(a)We initially infer from the Mishnah in ha'Choletz: 'Yevimto she'Mesah, Mutar ba'Achosah' - 'ba'Achosah In, b'Imah, Lo' ...
(b)... a Kashya on Rav.
(c)We answer that really, he is permitted to marry her mother as well, and the Tana writes 'Mutar ba'Achosah' (rather than 'be'Imah'), because of the Reisha - which says 'Ishto she'Mesah, Mutar ba'Achosah' (where it is correct to extrapolate 'ba'Achosah In, b'Imah, Lo').
12)
(a)Rav Yehudah says 'Shomeres Yavam she'Mesah, Asur b'Imah', because he holds 'Yesh Zikah'. What reason do we initially give to explain why he does not simply rule like those who say 'Yesh Zikah'?
(b)On what grounds do we reject that answer?
(c)Why then, did Rav Yehudah not say Halachah k'Divrei ha'Omer 'Yesh Zikah'?
12)
(a)Rav Yehudah says 'Shomeres Yavam she'Mesah, Asur b'Imah', because he holds 'Yesh Zikah'. The reason that we initially give to explain why he does not simply rule like those who say 'Yesh Zikah' is - because we would have thought that his ruling is confined to a case of where there is only one Yavam, but not when there are two (whereas he rules 'Ein Zikah' in both cases).
(b)We reject that answer however - on the grounds that the Tana'im argue in a case where there are two brothers (as we just saw [so why would we have confined Rav Yehudah's ruling to a case where there is only one?]).
(c)The real reason that Rav Yehudah did not say 'Halachah k'Divrei ha'Omer Yesh Zikah' is - because we would then have confined his ruling to when the Yevamah is still alive, but, when she dies, the Zikah dissipates, and the Yavam will become permitted to marry her relations (which is not the case).