YEVAMOS 98 (14 Sivan) - Dedicated by Doug Rabin in memory of his mother, Leah Miriam bat Yisroel (Lucy) Rabin, in honor of her Yahrzeit.

1)

(a)To whom does the principle 'Ein Av l'Mitzri' pertain?

(b)How would we logically interpret this ruling?

(c)How does Rava prove from the Beraisa on the previous Amud ('Shnei Achim Te'omim ... ') that this is not the case?

(d)How then, does Rava interpret it?

1)

(a)The principle 'Ein Av l'Mitzri' pertains - to all Nochrim.

(b)We would logically explain this to mean - that due to the fact that the Nochri women are very adulterous, we never really know who the fathers of their children are.

(c)Rava however, proves from the Beraisa on the previous Amud that this is not the case - because in the Seifa, the Tana exempts twins who were conceived before the Gerus and born afterwards from Chalitzah and Yibum (even though twins are created from the same Tipah and are therefore quite obviously conceived from the same father).

(d)Rava therefore interprets it to mean - that the Torah declared their Zera Hefker, like that of horses (as we explained in our Mishnah).

2)

(a)How in fact, is it possible to know for sure who the baby's father is?

(b)Why does Rava cite his proof from the Seifa of the Beraisa (when they were born after their parents converted), and not from the Reisha (when they were born before, from the fact that they are not Chayav because of Eishes Ach)?

2)

(a)It is in fact, possible to know for sure who the baby's father is - in the event that he was alone in prison together with his mother.

(b)Rava cites his proof from the Seifa of the Beraisa (when they were born after their parents converted), and not from the Reisha (when they were born before, from the fact that they are not Chayav because of Eishes Ach) - because there, the reason is because of 'Ger she'Nisgayer, k'Katan she'Nolad Dami', which, as we already explained, is not the reason for the current ruling.

3)

(a)We cite a Beraisa where Rebbi Yosi relates the story of Niftayem the convert who married his maternal brother's wife. The Chachamim there ruled 'Ein Ishus l'Ger'. Why can that not have been what they really said?

(b)Then what did they actually say?

(c)When do we initially assume the marriage took place? How does this pose a Kashya on Rav Sheshes and on Rav Acha bar Yakov in the first Lashon (see Ritva)?

3)

(a)We cite a Beraisa where Rebbi Yosi relates the story of Niftayem the convert who married his maternal brother's wife. The Chachamim there ruled 'Ein Ishus l'Ger'. This cannot have been what they really said - because that would imply that the Kidushin of a Ger is not effective (which is inconceivable).

(b)What they actually said was - 'Ein Isur Eishes Ach l'Ger'.

(c)We initially assume that the marriage took place - after the conversion, a Kashya on Rav Sheshes and on Rav acha bar Yakov in the first Lashon (see Ritva), who forbid a convert to marry a maternal brother's wife.- when they were married before he converted (but did not live together after the conversion).

4)

(a)How do we answer the Kashya? When did the marriage take place?

(b)Why does the Beraisa need to tell us this? Is it not obvious?

4)

(a)We answer - that the marriage took place when they were still Nochrim.

(b)The Beraisa needs to tell us this - because, we might otherwise have thought that Chazal decreed when they were married before they converted on account of when they married afterwards (when it is a case of Eishes Ach mid'Oraisa).

5)

(a)A certain convert told ben Yosi'an the same (as Rebbi Yosi just said) citing Rebbi Akiva, on which we ask the same Kashya and give the same answer. How many brothers were involved in Rebbi Akiva's ruling?

(b)He also cited a second ruling of Rebbi Akiva. What did Rebbi Akiva infer from the Pasuk in Yonah "Vayehi Devar Hash-m el Yonah Shenis Leimor"?

(c)What problem do we have with the timing of the convert's testimony?

(d)We give three answers to this question. Firstly, that the convert Talmid-Chacham did not quote Rebbi Akiva for the first time at that moment. In fact, he had already cited it before; secondly, that in giving testimony, he cited a ruling from the past. What is the third answer?

5)

(a)A certain convert told ben Yosi'an the same (as Rebbi Yosi just said) citing Rebbi Akiva, on which we ask the same Kashya and give the same answer. That case involves - seven brothers.

(b)He also cited a second ruling of Rebbi Akiva, where he inferred from the Pasuk "Vayehi Devar Hash-m el Yonah Shenis Leimor" - that Hash-m only spoke to Yonah twice, but not a third time.

(c)The problem with the timing of the convert's testimony is - that any new ruling of a Talmid-Chacham is acceptable only as long as he issues it before it becomes practically applicable, but not afterwards (as we learned above on Daf 77a.in Perek ha'Arel, and) as appears to have been the case here.

(d)We give three answers to this question. Firstly, that the convert Talmid-Chacham did not quote Rebbi Akiva for the first time at that moment. In fact, he had already cited it before; secondly, that in giving testimony, he cited a ruling from the past. The third answer is - that since he issued a second ruling together with this one, since ('Migo') he is believed regarding that ruling, he is believed with regard to this one, too.

6)

(a)In his second ruling, Rebbi Akiva stated that Yonah prophesied twice, but not three times. How does Ravina reconcile that with the Pasuk in Melachim 2. (concerning Yarav'am ben Yeho'ash) "Hu Heishiv es Gevul Yisrael ... Ka'asher Diber Hash-m b'Yad Avdo Yonah ben Amitai" (which appears to be a third prophecy)?

(b)Rav Nachman bar Yitzchak explains the latter Pasuk allegorically. How does he explain it?

6)

(a)In his second ruling, Rebbi Akiva stated that Yonah prophesied twice, but not three times. Ravina reconciles this with the Pasuk (concerning Yarav'am ben Yeho'ash) "Hu Heishiv es Gevul Yisrael ... Ka'asher Diber Hash-m b'Yad Avdo Yonah ben Amitai" (which appears to be a third prophecy) - by restricting Rebbi Akiva's statement to prophesies concerning Ninveh (but that does not rule out additional prophesies concerning other issues).

(b)Rav Nachman bar Yitzchak explains the latter Pasuk allegorically. What the Pasuk means is - that just as the evil prophesy at the hand of Yonah was overturned from bad to good, so too, were Yisrael in times of Yarav'am ben Yeho'ash destined to experience a change from good to bad.

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

7)

(a)In a similar Kashya on Rav Sheshes to the previous one, we cite a Beraisa which discusses the Din of a Ger who was conceived before converting but born afterwards. What basic distinction does the Tana draw between his maternal relatives and his paternal relatives?

(b)Why, strictly speaking, should they all be permitted?

(c)On what grounds did the Chachamim ...

1. ... forbid his maternal sister who was born earlier?

2. ... permit his paternal sister?

(d)Why is his father's ...

1. ... maternal sister forbidden?

2. ... paternal sister permitted?

7)

(a)In a similar Kashya on Rav Sheshes to the previous one, we cite a Beraisa which discusses the Din of a Ger who was conceived before converting but born afterwards. The Tana basically forbids his maternal relatives but permits his paternal ones.

(b)Strictly speaking, they should all be permitted - on account of the principle 'Ger she'Nisgayer, k'Katan she'Nolad Dami'.

(c)The Chachamim ...

1. ... forbade his maternal sister who was born earlier - in case he goes on to marry a sister that is born afterwards, for which he will be Chayav Kares.

2. ... permit his paternal sister - because even if he marries a daughter who is subsequently born to his father, he will have transgressed, since his father is no longer related to him and she is not his sister.

(d)His father's ...

1. ... maternal sister is forbidden - in case he goes on to marry his maternal sister.

2. ... paternal sister permitted - because there is no more reason to forbid her than his paternal sister (see also Tosfos DH 'Achos', and Mosaf Rashi throughout the Sugya).

8)

(a)In the case of his mother's paternal sister, Rebbi Meir rules 'Yotzi' because there is one aspect of Em. Why do the Chachamim permit her?

(b)Why does the Tana permit his maternal brother's wife and his father's maternal brother's wife?

(c)What does 'u'Mutar b'Sha'ar Kol ha'Arayos' come to include?

8)

(a)In the case of his mother's paternal sister, Rebbi Meir rules 'Yotzi' because there is one aspect of Eim. The Chachamim permit her - because it is not sufficiently similar to a maternal sister to warrant forbidding the one on account of the other.

(b)The Tana permits his maternal brother's wife and his father's maternal brother's wife - because Chazal confined their decree (forbidding relations from before the conversion on account of after it) to blood-relationships, but did not extend it to relationships that come through marriage.

(c)'u'Mutar b'Sha'ar Kol ha'Arayos' - comes to include his father's wife.

9)

(a)What does the Tana rule regarding a Ger who is married to a woman and her daughter whom he married before he converted?

(b)And what does the Tana mean when he rules 'l'Chatchilah Lo Yichnos'? If he is obligated to divorce one of them, is it not obvious that he is not permitted to marry her l'Chatchilah?

(c)The Tana Kama permits a Ger to marry his mother-in-law after his wife's death. What do others say?

9)

(a)Regarding a Ger who is married to a woman and her daughter whom he married before he converted - the Tana obligates him to divorce one of them.

(b)When the Tana rules 'l'Chatchilah Lo Yichnos' he is referring (not to the previous case, because, if he is obligated to divorce one of them, then it goes without saying that he is not permitted to marry her l'Chatchilah, but) to the earlier cases in the Beraisa (those that comprise She'er ha'Av) where the Tana ruled 'Yekayem'.

(c)The Tana Kama permits a Ger to marry his mother-in-law after his wife's death - whilst others forbid it.

10)

(a)How do we establish the Tana's ruling 'u'Mutar b'Eshes Achiv', to reconcile Rav Sheshes and the first Lashon of Rav Acha bar Yakov with the Beraisa?

(b)Then what is the Chidush? Why is it not obvious?

10)

(a)To reconcile Rav Sheshes and the first Lashon of Rav Acha bar Yakov with the Beraisa we establish the Tana's ruling 'u'Mutar b'Eshes Achiv' - with regard to the wife to whom his brother was married before he converted (as we explained earlier) ...

(b)...since we might otherwise have thought - that we would forbid her on account of the wife whom he married afterwards.

11)

(a)We connect the Machlokes as to whether he is permitted to marry his mother-in-law or not with the dispute between Rebbi Yishmael (who is stringent) and Rebbi Akiva (who is lenient [concerning a mother-in-law whose daughter died]), which we discussed above in the previous Perek. What does each one say there?

(b)How will that explain the Machlokes here (by a convert)?

11)

(a)We connect the Machlokes as to whether he is permitted to marry his mother-in-law or not with the dispute between Rebbi Yishmael (who is stringent) and Rebbi Akiva (who is lenient [concerning a mother-in-law whose daughter died]), which we discussed above in the previous Perek. Rebbi Yishmael declares someone who married his mother-in-law after his wife's death Chayav Sereifah, whereas Rebbi Akiva exempts him.

(b)The Tana who forbids a convert to marry his mother-in-law holds like Rebbi Yishmael, who is strict by Chamoso regarding a Yisrael, and who therefore holds that the Chachamim decreed by a Ger; whereas the Tana who permits it holds like Rebbi Akiva, who is lenient by a Yisrael (see Tosfos DH 'Kalash').

12)

(a)Our Mishnah now discusses 'Chamesh Nashim she'Nis'arvu Vladoseihen'? What is the case?

(b)What happens if the five sons who got mixed up all died? How is it work out that each wife can perform Yibum?

(c)Why is it imperative for the four brothers to perform Chalitzah before the fifth brother performs Yibum?

(d)Why is it preferable to follow the instructions of the Mishnah than for one brother to acquire all five Yevamos with Yibum after the other four have made Chalitzah?

12)

(a)Our Mishnah now discusses 'Chamesh Nashim she'Nis'arvu Vladoseihen' - where the babies of five women become mixed-up, and each of them has another son whose identity is known.

(b)If the five sons who got mixed-up all died - four of the other sons make Chalitzah with one of the five Yevamos, and the fifth son may then perform Yibum. Then he, plus three of the four brothers make Chalitzah with the second Yevamah, and the remaining one may perform Yibum ... , and so on, until each of the brothers has performed Yibum with one of the Yevamos.

(c)It is imperative for the four brothers to make Chalitzah before the fifth brother performs Yibum - to ensure that when the brother performs Yibum, he is not marrying a Yevamah l'Shuk.

(d)It is preferable to follow the instructions of the Mishnah than for one brother to acquire all five Yevamos with Yibum after the other four have made Chalitzah - because in this way, it is just possible that each brother will perform the Mitzvah of Yibum with his Yevamah.

13)

(a)The Beraisa rules that if some of those who are not mixed-up are brothers and some of them are not, then those who are should perform Chalitzah and those who are not, Yibum. How does Rav Safra interpret this?

(b)What will be the Din if some of them are Kohanim and the rest ...

1. ... Yisraelim?

2. ... maternal brothers?

13)

(a)The Beraisa rules that if some of those who are not mixed-up are brothers and some of them are not, then those who are should perform Chalitzah and those who are not, Yibum. Rav Safra interprets this to mean - that if some of them are paternal brothers and some of them, maternal brothers, then the maternal brothers should perform Chalitzah, and the paternal ones, Yibum.

(b)In the event that some of them are Kohanim and the rest ...

1. ... Yisraelim - the Kohanim should perform Chalitzah, and the Yisraelim, Yibum.

2. ... maternal brothers - then they must all perform Chalitzah and not Yibum.