1)
(a)We learned earlier that, according to Shmuel, if the Yavam performed Chalitzah with the sisters, the Tzaros still require Chalitzah, whereas, the sisters are free to marry l'Shuk with the Chalitzah of the Tzaros. He also discusses a case where two women fall to Yibum from the same husband, and the Yavam gives a Get or performs Ma'amar with one of them. What is Ma'amar?
(b)What does he say in the event that the Yavam then performs Chalitzah with ...
1. ... the Ba'alas ha'Get or the Ba'alas Ma'amar?
2. ... the Tzarah?
1)
(a)We learned earlier that, according to Shmuel, if the Yavam performed Chalitzah with the sisters, the Tzaros still require Chalitzah, whereas, the sisters are free to marry l'Shuk with the Chalitzah of the Tzaros. He also discusses a case where two women fall to Yibum from the same husband, and the Yavam gives a Get or performs Ma'amar - (Kidushin that the Rabanan required a Yavam to make with the Yevamah prior to performing Yibum) with one of them.
(b)Should he now perform Chalitzah with ...
1. ... the Ba'alas ha'Get or the Ba'alas Ma'amar - the Tzarah will still require Chalitzah.
2. ... the Tzarah - the Ba'alas ha'Get or the Ba'alas Ma'amar do not require Chalitzah.
2)
(a)We now query Shmuel's initial ruling. Why is it, we ask, that if the Yavam performed Chalitzah with the sisters, the Tzaros still require Chalitzah, whereas, the sisters are free to marry l'Shuk with the Chalitzah of the Tzaros? What is the problem?
(b)How do we solve it?
(c)But does Shmuel not hold 'Yesh Zikah' (as we learned earlier in the Perek)?
2)
(a)We now query Shmuel's initial ruling. Why is it, we ask, that if the Yavam performed Chalitzah with the sisters, the Tzaros still require Chalitzah, whereas, the sisters are free to marry l'Shuk with the Chalitzah of the Tzaros? The problem is - that just as in the Reisha, the sisters cannot exempt the Tzaros because they are Achos Ishah b'Zikah (who cannot perform Yibum), so too, in the Seifa, the Tzaros ought not to exempt the sisters because they are Tzaros Achos Ishah b'Zikah (who cannot perform Yibum either)!
(b)And we solve it - by pointing out that Shmuel holds 'Ein Zikah'.
(c)Shmuel does indeed hold 'Yesh Zikah' (as we learned earlier in the Perek). His current ruling however - goes according to those who hold 'Ein Zikah'.
3)
(a)If, as we just explained Shmuel is speaking according to those who hold 'Ein Zikah', why does he say 'Chalatz l'Achyos, Lo Nift'ru Tzaros'? Why should the Tzarah of the first sister not be Yotzei with the Chalitzah of the sister, seeing as it was a flawless Chalitzah (because at that stage, he could still have performed Yibum with her)?
(b)Then why does he refer to 'Tzaros' (in the plural)?
3)
(a)When Shmuel says 'Chalatz l'Achyos, Lo Nifteru Tzaros' - he is referring exclusively to the Tzarah of the second sister (whose Chalitzah was a weak one, because she was Achos Chalutzaso) but not to the first (as we explained).
(b)And he says 'Tzaros' (in the plural) - because he is referring to 'Tzaros d'Alma' (general Tzaros), but only of the second sister.
4)
(a)According to what we just learned, since 'Chalatz l'Achyos, Lo Nifteru Tzaros' refers exclusively to the Chalitzah of the second sister's Tzarah - then 'Chalatz l'Tzaros, Nifteru ' Achyos, must also refer to the Tzarah of the second sister. Why is that unacceptable? What does the Mishnah in ha'Choletz say about marrying the Tzarah of one's Chalutzah's relative (even if that relative would not be his brother's wife)?
(b)So how do we emend Shmuel's statement to read (instead of 'Chalatz l'Achyos ... ')?
(c)And why, if the Yavam began by making Chalitzah with the Tzarah of the first sister, may he then go on to make Chalitzah with the second sister, even to the point of permitting her Tzarah to marry l'Shuk?
4)
(a)Since 'Chalatz l'Achyos, Lo Nifteru Tzaros' refers exclusively to the Chalitzah of the second sister's Tzarah - then 'Chalatz l'Tzaros, Nifteru ' Achyos, must also refer to the Tzarah of the second sister. But how can that be, we ask - seeing as the Mishnah in ha'Choletz prohibits a Yavam from marrying the Tzarah of his Chalutzah's relative (even if that relative would not be his brother's wife)?
(b)So we emend Shmuel's statement to read (instead of 'Chalatz l'Achyos ... ') 'Hischil b'Achyos, Lo Yigmor b'Tzaros, Hischil b'Tzaros, Yigmor b'Achyos'.
(c)If the Yavam began by making Chalitzah with the Tzarah of the first sister, he may then go on to make Chalitzah (or even Yibum - according to those who hold 'Ein Zikah') with the second sister, even to the point of permitting her Tzarah to marry l'Shuk - because a Yavam is permitted to marry the relative of his Chalutzah's Tzarah.
5)
(a)Rav Ashi simplifies Shmuel, taking him literally and according to his own opinion (of 'Yesh Zikah'). How does he dispense with our initial Kashya? Why are the sisters free to marry l'Shuk with the Chalitzah of the Tzaros, considering that Tzaros are Tzaros Achos Ishah b'Zikah?
(b)We try to substantiate Rav Ashi's explanation by quoting a Beraisa which teaches, by implication, that if the Yavam performed Chalitzah with the Tzaros, the sisters are free to marry l'Shuk. How do we reject this proof? If the Tana's reason is not because the Zikah is not strong enough to render the Tzarah like an Ervah, then what is it?
(c)Then why did the Tana permit only Chalitzah and not Yibum?
(d)We query this from what we learned in the first Perek, that Rebbi Yochanan ben Nuri's plans did not materialize. How does Rav Nachman bar Yitzchak refute this Kashya?
5)
(a)Rav Ashi simplifies Shmuel, taking him literally and according to his own opinion (of 'Yesh Zikah'). He dispenses with our initial Kashya, permitting the sisters to marry l'Shuk with the Chalitzah of the Tzaros (despite the fact that the Tzaros are Tzaros Achos Ishah b'Zikah) - due to the fact that the Zikah is mid'Rabanan, and is not strong enough to make the Tzarah like the Ervah herself. Consequently, the Chalitzah of either of the Tzaros is better than that of the sisters.
(b)We try to substantiate Rav Ashi's explanation by quoting a Beraisa which teaches, by implication, that if the Yavam performed Chalitzah with the Tzaros, the sisters will be free to marry l'Shuk. But we reject this proof - by establishing the Beraisa like Beis Shamai, who permit the Tzaros to the brothers anyway.
(c)And the reason that the Tana permits only Chalitzah and not Yibum is - because he holds like Rebbi Yochanan ben Nuri, who instituted that the Tzaros should perform Chalitzah and not Yibum.
(d)We did indeed learn in the first Perek, that Rebbi Yochanan ben Nuri's plans did not materialize, says Rav Nachman bar Yitzchak - but that was then. Later however, they were accepted.
27b----------------------------------------27b
6)
(a)What are the consequences of a Yavam giving his Yevamah a Get?
6)
(a)The consequences of a Yavam giving a Get to his Yevamah are - a. that neither he nor any of the other brothers, is permitted to perform Yibum with any of the Yevamos; b. that the Yavam who gave it is obligated to perform Chalitzah with the Yevamah to whom he gave the Get, and c. that in addition, he becomes forbidden to marry her relatives.
7)
(a)We ask, according to Shmuel, what the Din will be if the Yavam gave a Get to one of two Yevamos, and made Ma'amar with the other one. Why might it be preferable to perform Chalitzah with ...
1. ... the Ba'alas ha'Get?
2. ... the Ba'alas Ma'amar?
(b)Rav Ashi resolves the She'eilah from the Mishnah in Perek Raban Gamliel, where Raban Gamliel says 'Ein Get Achar Get'. What does this mean?
(c)What does he say about Ma'amar after a Get and a Get after Ma'amar?
(d)How does Rav Ashi resolve our She'eilah from there?
7)
(a)We ask, according to Shmuel, what the Din will be if the Yavam gave a Get to one of two Yevamos, and made Ma'amar with the other. It might be preferable to perform Chalitzah with ...
1. ... the Ba'alas ha'Get - because having begun to send her away, it is better to finish the process.
2. ... the Ba'alas Ma'amar - because she is closer to Bi'ah (and is therefore more of a Yevamah, so to speak).
(b)Rav Ashi resolves the She'eilah from the Mishnah in Perek Raban Gamliel, where Raban Gamliel says 'Ein Get Achar Get' - meaning that the Get that he gave to the one Yevamah (after having given one to one of the other Yevamos), does not have the effect of forbidding him to marry her relatives.
(c)He concedes however - that 'Yesh Ma'amar Achar Get, v'Yesh Get Achar Ma'amar.
(d)Rav Ashi resolves our She'eilah from there - because it is clear from the Beraisa that Ma'amar and Get are equal. Otherwise, the one that was weaker would not be effective after the one that was stronger.
8)
(a)What does Rav Huna Amar Rav say about two sisters who fall to Yibum and one of them dies? May he perform Yibum with ...
1. ... the second one, if the first one dies?
2. ... the first one, if the second one dies?
(b)With which ruling of Rav does Rebbi Yochanan disagree? What is his reason?
(c)How do we reconcile Rav's lenient ruling in this case with his own statement agreeing with Rebbi Yochanan's principle?
8)
(a)Rav Huna Amar Rav rules that if two sisters fall to Yibum and ...
1. ... the first one dies - the Yavam may perform Yibum with the second one (even though she has not been permitted to the Yavam previously).
2. ... the second one dies - the Yavam may certainly perform Yibum with the first one (who has already been permitted before the second one fell to Yibum).
(b)Rebbi Yochanan disagrees - with Rav's first ruling, because, in his opinion, any Yevamah who is not permitted to perform Yibum when she falls to Yibum, is considered to be like an Eishes Ach who has children and is forbidden to the Yavam forever.
(c)Rav agrees with Rebbi Yochanan's principle - when the Isur is an Ervah d'Oraisa (such as Achos Ishah), but not in our case, where the two sisters fell from two houses and are forbidden only because of Zikah (which is only d'Rabanan).
9)
(a)What problem does Rebbi Yosi b'Rebbi Chanina have with Rebbi Yochanan's ruling from our Mishnah, which obligates the two remaining brothers to perform specifically Chalitzah with the two sisters who fall to them for Yibum?
(b)What does Rebbi Yochanan therefore say about our Mishnah?
(c)Why does he not answer that it is only the second sister who must make Chalitzah, and that when the Tana says Choltzos, he refers to the general public ('Choltzos d'Alma'), as we learned earlier?
(d)And why does he not answer that our Mishnah speaks when the one brother had already performed Chalitzah with the first Yevamah (b'Di'eved)?
9)
(a)The problem that Rebbi Yosi b'Rebbi Chanina has with Rebbi Yochanan's ruling from our Mishnah is - why the latter obligates the two remaining brothers to perform specifically Chalitzah with the two sisters who fall to them for Yibum? Why should one of the brothers not be permitted to perform Yibum with the sister who fell first, seeing as she was permitted before becoming Asur, and then, once the second brother makes Chalitzah with her sister, she becomes permitted again?
(b)Rebbi Yochanan therefore declares - that he has no idea who the author of our Mishnah is (meaning that it must have been learned erroneously.
(c)He does not answer that it is only the second sister who must perform Chalitzah (whereas the first may perform Yibum), and that when the Tana says Choltzos, he refers to the general public ('Choltzos d'Alma'), as we learned earlier - because the Mishnah says 'Harei Eilu Choltzos', implying that both Yevamos in our Mishnah require Chalitzah.
(d)Neither does he answer that our Mishnah speaks when the one brother had already performed Chalitzah with the first Yevamah (b'Di'eved) - because 'Choltzos' implies that that this is what one must do l'Chatchilah, and not b'.Di'Eved.