1)

(a)Rava disagrees with Abaye. What will he hold in a case where the Yevamah inherited the property whilst she was married? In which point does he explain Beis Hillel differently than Abaye?

1)

(a)Rava disagrees with Abaye. Rava maintains that if the Yevamah inherited the property whilst she was married - Beis Hillel will hold that the heirs of her husband will share it, because, in his opinion, her husband's hand is stronger than hers, whereas the Yavam's is equal.

2)

(a)Rava therefore establishes even the Seifa of our Mishnah when the Yevamah inherited the property when she was a Shomeres Yavam. Then why do Beis Shamai say 'Yachloku'?

(b)In what regard does Rava hold that, according to Beis Shamai, Ma'amar makes a Yevamah a Vaday Arusah?

(c)Rebbi Elazar is quoted as learning like Rava, and Rebbi Yosi b'Rebbi Chanina, like Abaye (though they lived long before them). How do we initially emend this pairing to conform with Rebbi Elazar earlier, who said that Ma'amar is only Koneh to push away the Tzarah?

(d)How do we finally pair Rebbi Elazar with Rava, in spite of that statement?

2)

(a)Rava therefore establishes even the Seifa of our Mishnah when the Yevamah inherited the property when she was a Shomeres Yavam, and Beis Shamai rule 'Yachloku' - because the Mishnah speaks when the Yavam made Ma'amar, and, in this regard, Rava holds, Ma'amar makes her a Safek Nesu'ah.

(b)Rava holds that, according to Beis Shamai, Ma'amar makes a Yevamah a Vaday Arusah - to push away the Tzarah (who is the Ba'alas Ma'amar's sister) completely because of Achos Ishto, allowing her to marry l'Shuk.

(c)Rebbi Elazar is quoted as learning like Rava, and Rebbi Yosi b'Rebbi Chanina, like Abaye (though they lived long before them). Initially, in order to conform with Rebbi Elazar earlier, who said that Ma'amar is only Koneh to push away the Tzarah - we emend this pairing, to say that it is Rebbi Yosi b'Rebbi Chanina who learns like Rava, and Rebbi Elazar, like Abaye.

(d)We finally pair Rebbi Elazar with Rava - by restricting the implication of his earlier statement. All he really means to say is that Ma'amar is not sufficiently strong to exempt the Yevamah from Chalitzah, but not that the Yavam is not Koneh the woman's inheritance.

3)

(a)How does Rav Papa support Abaye's interpretation of our Mishnah from the Lashon of 'Nechasim ha'Nichnasim v'ha'Yotz'in Imah'?

(b)He does concede however, that a Kashya remains on Abaye's explanation from 'Mesah'. Which Kashya?

(c)What does 'v'Su Lo Midi' mean?

3)

(a)Rav Papa supports Abaye's interpretation of our Mishnah from the Lashon of 'Nechasim ha'Nichnasim v'ha'Yotz'in Imah' - which he interprets to mean that it enters the possession of her husband and then leaves it when she dies, to enter the father's possession, implying that she inherited the property when she was married (not like Rava).

(b)He does concede however - that the same Kashya that Rabah asked above on Ula ('Why do Beis Shamai and Beis Hillel argue over the property, when she is dead, and not over the fruit whilst she is still alive') remains on Abaye's explanation from 'Mesah'.

(c)'ve'Su Lo Midi' means - that this is the last word on the matter.

4)

(a)Rebbi Yosi b'Rebbi Chanina explains that, when the Tana of our Mishnah says that, after Yibum, the Yevamah becomes the Yavam's wife in all regards, he means that he sends her away by means of a Get, and that he is even permitted to take her back. Why is it not obvious that if he wishes ...

1. ... to send her away, he must give her a Get?

2. ... to take her back, he may?

(b)How do we indeed know that, having performed the Mitzvah of Yibum, once he divorces her, she is not forbidden to him because of Eishes Achiv?

(c)What does the Tana mean when he says that the Yevamah's Kesubah is paid entirely by her first husband? What is the reason for this?

(d)Why did the Rabanan institute that, if her first husband left no property, she nevertheless receives a Kesubah from the second one?

4)

(a)Rebbi Yosi b'Rebbi Chanina explains that, when the Tana of our Mishnah says that, after Yibum, the Yevamah becomes the Yavam's wife in all regards, he means that he sends her away by means of a Get, and that he is even permitted to take her back. It is not so obvious that if he wishes ...

1. ... to send her away, he must give her a Get - because the Torah writes "u'Lekachah Lo l'Ishah v'Yibmah", which we might have interpreted to mean that the original Yibumin remains with her (like we learned in the second Perek), and he can only send her away with Chalitzah.

2. ... to take her back, he may - because, having performed the Mitzvah, we might have thought that, once he divorces her, the initial Isur of Eishes Ach returns.

(b)We know that, having performed the Mitzvah of Yibum, once he divorces her, she is not forbidden to him because of Eishes Ach - because the Torah writes "u'Lekachah Lo l'Ishah", from which we learn that, once he performs Yibum with her, she becomes his wife, in the full sense of the word (as we learned there).

(c)When the Tana says that the Yevamah's Kesubah is paid entirely by her first husband - he means that the Yavam's property is not mortgaged for her Kesubah, in which case he is permitted to sell it, when and as he wishes. This is because Hash-m granted him a wife without the financial obligations connected with a Kesubah.

(d)The Rabanan nevertheless instituted that, if her first husband left no property, she receives a Kesubah from the second one - in order to protect her, because a woman who has no Kesubah is that much easier to divorce.

5)

(a)What do we learn from the Pasuk "v'Hayah ha'Bechor"?

(b)Should he refuse, one goes to the other brothers. What if they too, refuse?

(c)What will we do if the oldest brother ...

1. ... requests that one should wait for a brother who is a Katan and who wants to perform Yibum, to grow up?

2. ... requests t that one should wait for another brother to return from overseas?

3. ... at home requests to wait for the return of the first-born who is overseas? Why is that?

(d)What if the oldest brother pushes her on to a brother who is a Cheresh or a Shoteh (who want to perform Yibum [see Tosfos DH 'uv'Cheresh' - see also Meforshei ha'Mishnah])?

5)

(a)We learn from the Pasuk "v'Hayah ha'Bechor" - that the prime Mitzvah of Yibum lies on the Bechor.

(b)Should he refuse, one turns to the other brothers. If they too, refuse - one places the Mitzvah at the doorstep of the Bechor.

(c)If the oldest brother ...

1. ... requests that one should wait for a brother who is a Katan and who wants to perform Yibum, to grow up - we refuse to do so, as is the case if he ...

2. ... requests that one should wait for another brother to return from overseas.

3. ... at home requests that one should wait for the return of the first-born who is overseas - we still refuse too, because we do not delay a Mitzvah.

(d)If the oldest brother pushes her on to a brother who is a Cheresh or a Shoteh (who wants to perform Yibum) - we do not force her to accept this against her will.

6)

(a)Rebbi Yochanan and Rebbi Yehoshua ben Levi argue over which takes precedence, the Yibum of a Katan or the Chalitzah of a Gadol. What does 'Katan' mean in this context?

(b)What is the reason for each of the opinions?

(c)How do we try to resolve the She'eilah from the Reisha of our Mishnah 'Lo Ratzah, Machzirin al Kol ha'Achin'?

(d)We refute this, by explaining 'Lo Ratzah' to mean that he does not want to make Chalitzah either. What problem does this create with the continuation of the Mishnah, 'Lo Ratzu, Chozrin Etzel Gadol'?

6)

(a)Rebbi Yochanan and Rebbi Yehoshua ben Levi argue over which takes precedence, the Yibum of a Katan or the Chalitzah of a Gadol. Katan in this context - means a younger brother. It cannot mean a minor, either because their Yibum and Chalitzah are not valid or because the Sugya later implies that it means a younger brother, and not a minor.

(b)One holds that - Yibum (even of a younger brother) always takes precedence over Chalitzah, whereas according to the other, - when there is a Gadol, the Chalitzah of a Katan is invalid.

(c)We try to resolve the She'eilah from the Reisha of our Mishnah 'Lo Ratzah, Machzirin al Kol ha'Achin' - which we initially interpret to mean that the Bechor does not want to perform Yibum, only Chalitzah (from which we see that the Yibum of a Katan takes precedence).

(d)We refute this, by explaining 'Lo Ratzah' to mean that he does not want to make Chalitzah either. This creates a problem with the continuation of the Mishnah, however: 'Lo Ratzu, Chozrin Etzel Gadol'. If the Mishnah is speaking when none of the brothers want to perform Yibum or Chalitzah - what is the point of throwing the ball back into the Bechor's court, just to perform Chalitzah? What difference does it make by which brother Chalitzah is performed?

7)

(a)We answer the previous Kashya by saying that since, when all's said and done, the Mitzvah begins with the oldest brother, it also ends with him. Why did we not at first, want to say that?

(b)Why is there no proof (that Chalitzas Gadol is preferable) from the fact that we do not wait for the Katan to grow up (in case he is willing to perform Yibum)?

(c)How do we prove this from the Seifa 'uv'Gadol (meaning the Bechor) ad she'Yavo mi'Medinas ha'Yam, Ein Shom'in Lo'?

7)

(a)We answer the previous Kashya by saying that since, when all's said and done, the Mitzvah begins with the oldest brother, it also ends with him. We do not want to say this initially - because we thought that for that, it is not worthwhile troubling the Beis-Din to reconvene.

(b)There is no proof (that Chalitzas Gadol is preferable) from the fact that we do not wait for the Katan to grow up (in case he is willing to performs Yibum) - because the reason that we do not wait is in order not to delay a Mitzvah, as we said earlier.

(c)We prove this from the Seifa 'uv'Gadol ad she'Yavo mi'Medinas ha'Yam, Ein Shom'in Lo' - because here, we should certainly wait for the Bechor to return, to perform either Yibum or Chalitzah (seeing as the prime Mitzvah lies with the Bechor).

39b----------------------------------------39b

8)

(a)According to the second Lashon, both Rebbi Yochanan and Rebbi Yehoshua ben Levi agree that the Yibum of a Katan is preferable to the Chalitzah of a Gadol. Then what is their dispute?

(b)One of them holds that the Chalitzah of a Gadol is preferable to that of a Katan, because Mitzvah b'Gadol. What does the other one hold?

(c)How do we try to resolve this She'eilah from our Mishnah 'Lo Ratzu, Chozrin Etzel Gadol'? What do we think 'Lo Ratzu' means?

(d)We refute this proof by explaining 'Lo Ratzu' to mean that they want to perform neither Yibum or Chalitzah. Assuming that the Chalitzah of a Gadol is preferable, why, in our Mishnah, do we not wait for the Gadol to come from overseas to perform Chalitzah?

8)

(a)According to the second Lashon, both Rebbi Yochanan and Rebbi Yehoshua ben Levi agree that the Yibum of a Katan is preferable to the Chalitzah of a Gadol and their dispute is - whether the Chalitzah of the Gadol is preferable to that of a younger brother or not.

(b)One of them holds that the Chalitzah of a Gadol is preferable to that of a Katan, because 'Mitzvah b'Gadol ... ' - the other, that it is only his Yibum that takes precedence, but when it comes to Chalitzah, there is no difference which brother performs it.

(c)We try to resolve this She'eilah from our Mishnah 'Lo Ratzu, Chozrin Etzel Gadol', which we think means that they did not want to perform Yibum, only Chalitzah - nevertheless, we place the obligation to perform Chalitzah at the door of the Bechor (proving that the Chalitzah of a Gadol is preferable to that of a Katan).

(d)We refute this proof by explaining 'Lo Ratzu' to mean that they want to perform neither Yibum nor Chalitzah. Assuming that the Chalitzah of a Gadol is preferable, we do not wait for the Gadol to come from overseas to perform Chalitzah - because we do not delay a Mitzvah, as we have already explained.

9)

(a)The Mishnah later in the Perek states that the Mitzvah of Yibum takes priority over that of Chalitzah. Why did Chazal later switch the order of priorities to give Chalitzah precedence, as we learned in the Mishnah in Bechoros?

(b)What does Rav say about forcing the Yavam to perform Chalitzah? What did he used to say to a Yavam who came to perform the Mitzvah of Yibum?

(c)What was his source for that?

9)

(a)The Mishnah later in the Perek states that the Mitzvah of Yibum takes priority over that of Chalitzah. Chazal later switched the order of priorities to give Chalitzah precedence - because, whereas originally, people used to perform the Mitzvah of Yibum for the sake of the Mitzvah, they then began to perform it for other motives (which, according to Aba Shaul, invalidates the Mitzvah, leaving the sin of Eishes Ach intact), as we learned in the Mishnah in Bechoros.

(b)Rav maintains that, nevertheless - one does not force the Yavam to perform Chalitzah, should he swish to perform Yibum. In fact - he would offer any Yavam who came to perform the Mitzvah of Yibum the choice to do as he pleased ...

(c)... for the Pasuk in Ki Setzei specifically states - that the Yavam performs Chalitzah only if he does not want to perform Yibum.

10)

(a)What if the woman objects to Yibum?

(b)The source for this is Rav Sheshes. What did Rav Sheshes say in the first Perek about a Yevamah who falls to a leper for Yibum?

(c)On what basis do we connect our case with that of Rav Sheshes?

10)

(a)In the event that the Yevamah objects to Yibum - then we force the Yavam to perform Chalitzah.

(b)The source for this is Rav Sheshes, who said in the first Perek - that when a Yevamah who falls to a leper for Yibum - we do not force her to accept, but rather force him to perform Chalitzah ("because the ways of the Torah are sweet").

(c)And we connect our case with that of Rav Sheshes - by extending the latter to wherever the Yevamah presents a viable reason for not wanting to perform Chalitzah.

11)

(a)What did Rav Yehudah insert in the Lashon of the Shtar Chalitzah, that demonstrates that, he too, holds like Rav?

(b)What else does the Shtar Chalitzah contain?

(c)What did Rebbi Chiya bar Ivya in the name of Rav Yehudah add to the text of the Shtar?

(d)What is the meaning of 've'Ishtemod'inhu d'Achuha d'Misna me'Aba Nihu'? What are the two possible interpretations of 've'Ishtemod'inhu'?

(e)Rav Acha and Ravina dispute this point. Which of the two interpretations is correct?

11)

(a)Rav Yehudah inserted in the Lashon of the Shtar Chalitzah 'I Tzavis l'Yabem, Yabem, v'Iy Lo, Itla Lah Raglech d'Yamina ... ' - demonstrating that, he too, holds like Rav.

(b)The Shtar Chalitzah also contains - the account of the ceremony.

(c)Rebbi Chiya bar Ivya in the name of Rav Yehudah added - 've'Akrinhu (and we read out) Mah di'Chesiv b'Sefer Oraisa'.

(d)'ve'Ishtemodinhu d'Achuha d'Misna me'Aba Nihu' means - that it was known to the Beis-Din that the Yavam was the paternal brother of the deceased, either through two Kasher witnesses, or even through a single witness (even a relative or a woman).

(e)Rav Acha and Ravina dispute this point. In fact - the latter interpretation is the correct one, because this information requires no more than a revelation, and is not considered real testimony.

12)

(a)Rami bar Chama Amar Rav Yitzchak says that nowadays, the Mitzvah of Yibum takes precedence over that of Chalitzah What did Rav Nachman bar Yitzchak mean when he asked 'Achshur Dari'?

(b)How do we counter his Kashya?

(c)What does Aba Shaul say?

12)

(a)Rami bar Chama Amar Rav Yitzchak rules that nowadays, the Mitzvah of Yibum takes precedence over that of Chalitzah. When Rav Nachman bar Yitzchak asked 'Achshur Dari', he meant to ask - whether today's generations were greater than the previous ones (in that they performed Yibum Lishmah, whereas the earlier ones did not).

(b)We counter - that Rami bar Chama changed the ruling (not because of 'Achshur Dara', but) - because whereas initially they ruled like Aba Shaul, they later changed their minds to rule like the Rabanan, who validate Yibum, whatever the motive.

(c)Aba Shaul, in a Beraisa - invalidates Yibum that is performed for any motive other than Lishmah (for the sake of the Mitzvah).

13)

(a)What does the Tana of the Beraisa mean when he says that initially, the Yevamah was permitted, then she became forbidden?

(b)The Beraisa concludes 'Yachol Tachzor l'Heterah ha'Rishon, Talmud Lomar "Yevamah Yavo Alehah", Mitzvah'. How does Rav Yitzchak bar Avdimi emend this according to Aba Shaul?

(c)What is the Beraisa now saying?

13)

(a)When the Tana of the Beraisa says that initially, the Yevamah was permitted, then she became forbidden - he means that before the Yavam's brother married her, she was permitted to him, to become forbidden after he married her.

(b)The Beraisa concludes 'Yachol Tachzor l'Heterah ha'Rishon, Talmud Lomar "Yevamah Yavo Alehah", Mitzvah' which Rav Yitzchak bar Avdimi establishes according to Aba Shaul - by emending 'Mitzvah' to 'le'Mitzvah' ...

(c)... and what the Beraisa now means is that initially, the Yavam could have married the Yevamah (before his brother married her, now it became a Mitzvah, and he must therefore perform it Lishmah.

14)

(a)Rava establishes the Beraisa even like the Chachamim. How does he explain the Beraisa's conclusion? In which point does he disagree with Rav Yitzchak bar Avdimi?

(b)Rava initially suggests that 'Yachol Tachzor l'Heterah ha'Rishon' means that he is free to perform Yibum or not to perform Yibum (like it was before her brother married her). On what grounds do we refute this text?

(c)How do we emend it?

(d)What does Tana now mean when he concludes "Yevamah Yavo Eilehah", Mitzvah.

14)

(a)Rava establishes the Beraisa even like the Chachamim (without needing to emend 'Mitzvah' to 'le'Mitzvah') - because 'Mitzvah' means that he does not have the equal choice of performing either Yibum or Chalitzah, because it is a Mitzvah to perform Yibum (rather than Chalitzah).

(b)Rava initially suggests that 'Yachol Tachzor l'Heteirah ha'Rishon' means 'Ratzah Konsah, Ratzah Eino Konsah' (that he is free to perform Yibum or not to perform Yibum), like it was before her brother married her. We refute this text however - since that implies that he has a choice of not performing Yibum and of leaving her, which is impossible, because he is tied to her with a Zikah.

(c)So we emend it to 'Ratzah Konsah, Ratzah Choletz Lah' (giving him the option of performing either Yibum or Chalitzah).

(d)When the Tana concludes ' ... "Yevamah Yavo Eilehah", Mitzvah', he means - that the Mitzvah of Yibum precedes that of Chalitzah.