Perek Raban Gamliel

1)

(a)Raban Gamliel holds 'Ein Get Achar Get, v'Lo Ma'amar Achar Ma'amar, v'Lo Be'ilah Achar Be'ilah v'Lo Chalitzah Achar Chalitzah'. What does 'Ein Get Achar Get' mean?

(b)What is his reason for saying ...

1. ... 'Ein Get Achar Get, v'Lo Ma'amar Achar Ma'amar'?

2. ... 'v'Lo Be'ilah Achar Be'ilah'?

3. ... 'v'Lo Chalitzah Achar Chalitzah'?

(c)The Chachamim say 'Yesh Get Achar Get, v'Yesh Ma'amar Achar Ma'amar'. Why is that?

(d)What do the Rabanan say about Be'ilah and Chalitzah?

1)

(a)Raban Gamliel holds 'Ein Get Achar Get, v'Lo Ma'amar Achar Ma'amar, v'Lo Be'ilah Achar Be'ilah v'Lo Chalitzah Achar Chalitzah'. 'Ein Get Achar Get' means - that, if the Yavam gave a Get first to one Tzarah, then to the other, he is subsequently permitted to marry the relatives of the second Tzarah, because the Get is not valid.

(b)His reason for saying ...

1. ... 'Ein Get Achar Get, v'Lo Ma'amar Achar Ma'amar' is - because he is not sure whether the Get of a Yevamah is Docheh or not, and whether her Ma'amar is Koneh. If they are, then the first one has already done its job and there is no room for the second one to take effect; wheres if they are not, then there is nothing to talk about. Note: We will see later in the Sugya, that this is one of two explanations.

2. ... 'v'Lo Be'ilah Achar Be'ilah' is - because, once the Yavam makes Bi'ah with one of the Yevamos, he acquires her, and any subsequent Bi'ah is nothing more than a Bi'as Zenus, in which case, her relatives remain permitted to him (a fact with which the Rabanan do not argue).

3. ... 'v'Lo Chalitzah Achar Chalitzah' is - because Chalitzah removes the Zikah from all the Yevamos, in which case, any subsequent Chalitzah with another Yevamah is meaningless (a fact with which, once again, the Rabanan agree).

(c)The Chachamim say 'Yesh Get Achar Get, v'Yesh Ma'amar Achar Ma'amar' - because the first Get is not Docheh completely, and Ma'amar is not Koneh completely; both leave over half a Zikah. Consequently, either of them can come and take effect on the remaining half Zikah.

(d)The Rabanan agree with Raban Gamliel that 'Ein Be'ilah Achar Be'ilah' and 'Ein Chalitzah Achar Chalitzah'.

2)

(a)What is the significance of the Tana's question 'Keitzad' (which does not have its usual connotation)?

(b)What cannot be removed by ...

1. ... Chalitzah?

2. ... a Get?

(c)What will be the Din if the Yavam ...

1. ... made Ma'amar with the Yevamah and gave her a Get?

2. ... made Ma'amar and Chalitzah?

3. ... made Ma'amar and Be'ilah?

(d)And what if he gave her a Get and made Ma'amar ...

1. ... according to the Rabanan?

2. ... according to Raban Gamliel?

2)

(a)The significance of the Tana's question 'Keitzad' is - to explain the Din of one Yavam and one Yevamah, rather than the Machlokes between Raban Gamliel and the Chachamim, with which the Tana began.

(b)

1. Chalitzah - cannot remove Ma'amar.

2. A Get - cannot remove the Zikah.

(c)If the Yavam ...

1. ... made Ma'amar with the Yevamah and gave her a Get - he still requires Chalitzah for the Zikah.

2. ... made Ma'amar and Chalitzah - he still requires a Get for the Ma'amar.

3. ... made Ma'amar and Be'ilah - he has done the right thing, having acquired the Yevamah according to the Halachah.

(d)And if he gave her a Get and made Ma'amar ...

1. ... according to the Rabanan - he requires a Get for the Ma'amar plus Chalitzah for the Zikah, and the same will apply ...

2. ... according to Raban Gamliel.

3)

(a)If he gave her a Get and performed Be'ilah, he still requires a Get and Chalitzah. Why is a Get not sufficient, seeing as, once he performs Be'ilah, the Yevamah becomes his wife?

(b)Since the author of our Mishnah is Rebbi Akiva (as we shall soon see), why does she still require Chalitzah? Having given a Get, why is the Yevamah not like a Chalutzah, on whom Kidushin does not take effect?

(c)If he gave her a Get and performed Chalitzah, 'Ein Achar Chalitzah Klum'. What does this mean?

(d)Why is that? Why do we not take into account the fact that the Chalitzah was a Chalitzah Pesulah?

3)

(a)If he gave her a Get and performed Be'ilah, he still requires a Get for the Be'ilah and Chalitzah for the remaining Zikah. A Get alone is not sufficient, despite the fact that, once he performs Be'ilah, the Yevamah becomes his wife - because Bi'ah after a Get is a Bi'ah Pesulah.

(b)Even though the author of our Mishnah is Rebbi Akiva (as we shall soon see), she still requires Chalitzah. In spite of having given her a Get, the Yevamah is not like a Chalutzah, on whom Kidushin does not take effect - because the Get of a Yevamah is only valid mi'de'Rabanan.

(c)If he gave her a Get and performed Chalitzah, 'Ein Achar Chalitzah Klum' - meaning that the Ma'amar or the Bi'ah that he makes with her after that is not valid.

(d)The reason for this is - because the author of our Mishnah is Rebbi Akiva, who holds 'Ein Kidushin Tofsin b'Chayavei Lavin'.

4)

(a)What does the Mishnah say about a Yavam who, after Chalitzah, makes Ma'amar, gives a Get or performs Be'ilah?

(b)Why can this only go according to Rebbi Akiva?

(c)What is the point of inserting the case of Get after Chalitzah (seeing as he is forbidden to marry her relatives anyway)?

(d)And what will be the Din if after Bi'ah, he made Ma'amar, gave a Get (for his Zikah) or performed Chalitzah? Why does the Tana follow this with the words 'Ein Achar Chalitzah Klum'?

4)

(a)If after Chalitzah, the Yavam makes Ma'amar, gives a Get or performs Be'ilah - 'Ein Achar Chalitzah Klum'.

(b)This only goes according to Rebbi Akiva - in whose opinion Kidushin does not take effect on Chayavei Lavin; but according to the Rabanan, 'Yesh Ma'amar u'Bi'ah Achar Chalitzah'.

(c)The Tana inserts the case of Get Achar Chalitzah (despite the fact that he is forbidden to marry her relatives anyway) - on account of Get Achar Bi'ah, which he does need to insert.

(d)If after Bi'ah, he makes Ma'amar, gives a Get (for his Zikah) or performs Chalitzah - 'Ein Achar Bi'ah Klum'. The Tana, who follows this with the words 'Ein Achar Chalitzah Klum' - is referring to the previous set of cases (this will be discussed further in the Sugya).

50b----------------------------------------50b

5)

(a)Is there any basic difference between the above (which speaks by one Yavam and one Yevamah) and one Yavam who does the same with two Yevamos?

(b)If the Yavam made Ma'amar with each Yevamah, Raban Gamliel will say 'Ein Ma'amar Achar Ma'amar'. What do the Rabanan hold? Why can he not perform Yibum with either of them?

(c)And what if he made Ma'amar with one of them, and the other ...

1. ... he gave a get? Why can he not perform Yibum with the Ba'alas Ma'amar?

2. ... he performed Be'ilah? Why will a Get not suffice for the Ba'alas Bi'ah?

3. ... he performed Chalitzah?

5)

(a)There is no basic difference between the above (which speaks by one Yavam and one Yevamah) and one Yavam who does the same with two Yevamos.

(b)If the Yavam made Ma'amar with each Yevamah, Raban Gamliel will say 'Ein Ma'amar Achar Ma'amar'. According to the Rabanan - they will require two Gitin and Chalitzah.

(c)If he made Ma'amar with one of them, and the other ...

1. ... he gave a get - the Ba'alas Ma'amar requires a Get, and one of them, Chalitzah. He cannot perform Yibum with the Ba'alas Ma'amar, because, having given a Get to one of the Tzaros, they are all forbidden, due to the Pasuk "Lo Yivneh" ('Keivan she'Lo Banah, Shuv Lo Yivneh').

2. ... he performed Be'ilah - they both require a Get and one of them, Chalitzah. A Get will not suffice for the Ba'alas Bi'ah - because the Bi'ah was a Bi'ah Pesulah.

3. ... he performed Chalitzah - the Ba'alas Ma'amar requires a Get.

6)

(a)If he gave both Yevamos a Get, both require Chalitzah (because the Rabanan hold 'Yesh Get Achar Get'). What if, after the Get, with the other Yavam, he performed ...

1. ... Bi'ah or Ma'amar?

2. ... Chalitzah?

(b)What is the significance of the statement (by one Yavam and two Yevamos) ...

1. ... 'Chalatz v'Chalatz, Ein l'Achar Chalitzah Klum'?

2. ... 'Chalatz , v'Asah Ma'amar, Nasan Get u'Ba'al, Ein l'Achar Chalitzah Klum'?

(c)What is the Din by 'Ba'al u'Ba'al, O Ba'al v'Asah Ma'amar, Nasan Get v'Chalatz'?

(d)What will be the Din in all of the above cases by two Yevamin and one Yevamah?

6)

(a)If he gave both Yevamos a Get, both require Chalitzah (because the Rabanan hold 'Yesh Get Achar Get'). If, after the Get, he performed with the other Yavam ...

1. ... Bi'ah or Ma'amar - the latter requires a Get, and he must make Chalitzah with one of them.

2. ... Chalitzah - 'Ein Achar Chalitzah Klum'.

(b)The significance of the statement (by one Yavam and two Yevamos) ...

1. ... 'Chalatz v'Chalatz, Ein l'Achar Chalitzah Klum' means - that the relatives of the second Yevamah are permitted to him.

2. ... 'Chalatz , v'Asah Ma'amar ... u'Ba'al, Ein l'Achar Chalitzah Klum' means - that the Ma'amar and the Be'ilah after the Chalitzah are totally ineffective.

(c)The Din by 'Ba'al u'Ba'al, O Ba'al v'Asah Ma'amar, Nasan Get v'Chalatz' - is 'Ein Achar Be'ilah Klum'.

(d)The Din in all of the above cases by two Yevamin and one Yevamah - will be the same as that of one Yavam and two Yevamos.

7)

(a)Why does the Tana repeat 'Chalatz, v'Asah Ma'amar, v'Nasan Get u'Ba'al, Ein Achar Chalitzah Klum' (by one Yavam and one Yevamah), even though he has already taught us this?

(b)What is the basic distinction between Chalitzah and Yibum in all of these cases?

(c)What does Rebbi Nechemyah say?

7)

(a)The Tana repeats 'Chalatz, v'Asah Ma'amar, v'Nasan Get u'Ba'al, Ein Achar Chalitzah Klum' (by one Yavam and one Yevamah), even though he has already taught us this - in order to then make a distinction between Chalatz and Ba'al, and to cite the Machlokes between Rebbi Nechemyah and the Rabanan (as we shall now see).

(b)The basic distinction between Chalitzah and Yibum in all of these cases - is that, whereas the principle 'Ein Achar Chalitzah Klum' applies even in the middle and at the end, that of 'Ein Achar Yibum Klum' is confined to Yibum that is performed at the beginning.

(c)Rebbi Nechemyah says - that also the principle of 'Ein Achar Be'ilah Klum' applies to the middle and the end, just like that of 'Ein Achar Chalitzah Klum'.

8)

(a)From our Mishnah, it is evident that both a Get and Ma'amar are effective by a Yevamah. Why did Chazal institute ...

1. ... a Get?

2. ... Ma'amar?

(b)And why did they institute that Bi'ah Pesulah should not be final ('Bi'ah Pesulah Yesh Acharehah Klum') in the case of ...

1. ... Bi'ah Achar ha'Get?

2. ... Bi'ah Achar Ma'amar?

(c)So why did they not institute a similar decree with regard to Chalitzah ...

1. ... after a Get on account of Chalitzah after Chalitzah?

2. ... after Ma'amar on account of Chalitzah after Bi'ah?

8)

(a)From our Mishnah, it is evident that both a Get and Ma'amar are effective by a Yevamah. Chazal instituted ...

1. ... a Get - because Get is generally effective, and, were a Get not to be effective by a Yevamah, people would confuse Get with Chalitzah, and say that, just as a Get is ineffective by a Yevamah, so is Chalitzah (and they will go on to perform Yibum after Chalitzah).

2. ... Ma'amar - because, in a similar fashion to Get (bearing in mind that Kidushin is generally effective), people would confuse Ma'amar with Bi'ah (of Yibum) and go on to perform Bi'ah after Bi'ah.

(b)They instituted that Bi'ah Pesulah should not be final ('Bi'ah Pesulah Yesh Achareha Klum') in the case of ...

1. ... Bi'ah Achar ha'Get - on account of Bi'ah after Chalitzah (which is definitely forbidden).

2. ... Bi'ah Achar Ma'amar - on account of Bi'ah after Bi'ah (which is not only forbidden, but also carries with it an Isur Kares.

(c)They did not institute a similar decree with regard to Chalitzah ...

1. ... after Get on account of Chalitzah after Chalitzah - because what can be wrong with performing Chalitzah after Chalitzah?

2. ... after Ma'amar on account of Chalitzah after Bi'ah - because Chalitzah after Ma'amar certainly requires a Get for his Ma'amar, in which case, he will do likewise by Chalitzah after Bi'ah (and there is no other reason to decree).