1)

(a)Resh Lakish explained the Beraisa 'Chalitzah Muta'as Kesheirah' to mean that even if Beis-Din give an errant Yavam to believe that by performing Chalitzah, he will in fact acquire the Yevamah, the Chalitzah is valid. On what grounds did Rebbi Yochanan object to Resh Lakish's explanation?

(b)So how did he explain it?

(c)What is the Halachic basis for this? Why do we not connect the validity of the Chalitzah with the fulfillment of the condition?

(d)A case of Chalitzah Muta'as came before Rebbi Chiya, who validated the Chalitzah. What caused them to employ such tactics there?

1)

(a)Resh Lakish explained the Beraisa 'Chalitzah Muta'as Kesheirah' to mean that even if they gave an errant Yavam to believe that by performing Chalitzah, he would in fact acquire the Yevamah, the Chalitzah would be valid. Rebbi Yochanan objected - based on his ruling that if either the Yavam or the Yevamah perform Chalitzah with other motives in mind, the Chalitzah is rendered invalid.

(b)So he explained Chalitzah Muta'as to mean - informing the Yavam that, should he perform the Chalitzah, the Yevamah will give him two hundred Zuz (even though she did not make such a condition).

(c)We do not connect the validity of the Chalitzah with the fulfillment of the condition - because of the principle that a condition on any transaction that cannot be performed through a Shaliach (such as Chalitzah) is not binding.

(d)A case of Chalitzah Muta'as came before Rebbi Chiya, who validated the Chalitzah - because it was not a fitting match (e.g. one of the two was much older than the other).

2)

(a)There was a case where the Yevamah refused to let the Yavam perform Yibum with her. On what grounds did Rebbi Chiya bar Aba justify her refusal?

(b)What did he then instruct the Yavam to do? How did he trick the Yavam into performing Chalitzah?

(c)But did we not just learn that such a Chalitzah is not valid?

2)

(a)There was a case where the Yevamah refused to let the Yavam perform Yibum with her. Rebbi Chiya bar Aba justified her refusal - on the grounds that the Yavam only wanted her money, and that, after he performed Yibum with her, he planned to use up all her money and then to divorce her.

(b)He then instructed the Yavam to perform Chalitzah in order to acquire her.

(c)True, we just learned that such a Chalitzah is not valid - but that is to permit the Yevamah to marry l'Shuk. It is however, effective to forbid her to the Yavam (because of 'Keivan she'Lo Banah ... '); and once she was forbidden to him anyway, he had no option but to perform Chalitzah, to permit her to married again.

3)

(a)What are the two connotations of 'Biti Amodi' that Rebbi Chiya bar Aba said to her?

(b)What did she reply, assuming that 'Amodi' means ...

1. ... 'Go and perform Yibum!'?

2. ... 'Stand up!'?

(c)How does the latter explanation enhance her claim?

3)

(a)The two connotations of 'Biti Amodi' that Rebbi Chiya bar Aba said to her are - 1. 'Go and perform Yibum!' and 2. 'Stand up and perform Yibum' ...

(b)... to which she replied, assuming that 'Amodi' means ...

1. ... 'Go and perform Yibum!' - that she was better off desisting (since he only wanted her money).

2. ... 'Stand up!' - that she was lame and her sitting down was just like anybody else's standing.

(c)The latter explanation enhance her claim - inasmuch as it rendered his wanting to perform Yibum with her more illogical.

4)

(a)Abaye instructed a Yavam who wanted to perform Yibum with a Yevamah who was unsuitable for him, to perform Chalitzah in order to acquire her. On what grounds did Rav Papa object ...

1. ... in this instance? What did he then advise Abaye to do?

2. ... when Abaye instructed the Yevamah to pay the money?

(b)Rav Papa proved his point from a Beraisa. What does the Tana say about a man who was running away and arrived at a river?

(c)We just learned that a Chalitzah Muta'as is valid. How about a Get Muta'as?

(d)This episode ends on a sad note. What happened?

4)

(a)Abaye instructed a Yavam who wanted to perform Yibum with a Yevamah who was unsuitable for him, to perform Chalitzah in order to acquire her. Rav Papa objected ...

1. ... in this instance - on the same grounds as Rebbi Yochanan objected to Resh Lakish's explanation at the beginning of the Amud (because Chalitzah requires the correct motives).

2. ... when Abaye instructed the Yevamah to pay the money - on the grounds that she never meant to pay the money in the first place, and that she only made the condition in order to force him to perform Chalitzah.

(b)Rav Papa proved his point from a Beraisa - where the Tana rules that, if a man who is running away from pursuers, and arrives at a river, offers someone a large sum of money to take him across, it is obvious that he only offered him that amount in order to be safe from his pursuers. Consequently, he only needs to pay him the going rate for his services, and not what he promised him.

(c)We just learned that a Chalitzah Muta'as is valid - a Get Muta'as is not (due to the fact that a condition by a Get, which can be given through a Shaliach, is binding).

(d)This episode ends on a sad note - when Abaye inadvertently gave Rav Papa's parents an Ayin ha'Ra (see Ya'avetz), and they died.

5)

(a)The Beraisa initially invalidates a Chalitzah Me'usis, and validates a Get Me'useh. What is a Chalitzah or a Get Me'usis/Me'useh?

(b)On what grounds do we object to the Tana's distinction?

(c)What do we in fact conclude with regard to a Chalitzah Me'usis and a Get'Me'useh?

5)

(a)The Beraisa initially invalidates a Chalitzah Me'usis, and validates a Get Me'useh - one that is performed after physical force has been used to coerce the man to comply.

(b)We object to the Tana's distinction - on the grounds that, if the man stated that he condescends to obey the Chachamim's instructions, then even a Chalitzah Me'usis is Kasher too, whereas should he refuse, then a Get Me'useh is not Kasher either.

(c)We conclude - that there is in fact, no difference between a Chalitzah Me'usis and a Get Me'useh: if he condescends to obey the Chachamim, both are Kasher, and if he does not, both are Pasul.

6)

(a)What do we learn from the Pasuk in Emor (regarding Korbanos) ...

1. ... "Yakriv Oso"?

2. ... "li'Retzono"?

(b)With regard to which other area of Halachah does the Tana cite this Halachah?

6)

(a)We learn from the Pasuk (regarding Korbanos) ...

1. ... "Yakriv Oso" - that Beis-Din may use force if necessary, to make someone bring the Korbanos that he promised.

2. ... "li'Retzono" - that forcing him is only effective if he finally agrees to bring it, but not if he brings it against his will.

(b)The Tana also brings this Halachah with regard to giving one's wife a Get (e.g. if a Kohen married a Gerushah).

7)

(a)Rava citing ... Rav Huna permits Chalitzah even if Beis-Din do not recognize the two parties, and the same applies to a girl who wishes to perform Mi'un. What does Rava himself say?

(b)What are the ramifications of this dispute with regard to writing a Get Chalitzah and a Get Mi'un?

(c)What do we mean when we say that ...

1. ... Rav Huna is worried about an erring Beis-Din?

2. ... Rava is not worried about an erring Beis-Din?

7)

(a)Rava citing ... Rav Huna permits Chalitzah even if Beis-Din do not recognize the two parties, and the same applies to a girl who wishes to perform Mi'un. Rava himself - requires Beis-Din to know both parties.

(b)Consequently, according to Rav Huna, one may not write a Get Chalitzah or a Get Mi'un (in case she is not really the Yavam's Yevamah); whereas, according to Rava, one may.

(c)When we say that ...

1. ... Rav Huna is worried about an erring Beis-Din - we mean that since he holds 'Choltzin Af-al-Pi she'Ein Makirin', we are afraid to write a get Chalitzah ... , in case a subsequent Beis-Din will err, thinking that the Beis-Din in attendance must have known the Yavam and the Yevamah, and will therefore fail to check on them themselves.

2. ... Rava is not worried about an erring Beis-Din - we mean that the witnesses are permitted to write a Get Chalitzah ... even though they do not recognize the Yavam and the Yevamah, since they may assume that the Beis-Din in attendance recognized them.

106b----------------------------------------106b

8)

(a)Our Mishnah now discusses the order of the proceedings, once the Yavam and the Yevamah arrive in Beis-Din. Based on the Pasuk "v'Kar'u lo Ziknei Iro v'Dibru Elav", what might the Dayanim say to them?

(b)The Yevamah then says 'Me'ein Yevami Lehakim l'Achiv Shem b'Yisrael, Lo Avah Yabmi'. What does the Yavam respond?

(c)If the Yavam or the Yevamah do not understand Lashon ha'Kodesh, are they permitted to speak in a foreign language?

(d)The Yevamah then approaches the Yavam, pulls off his right shoe and spits towards him. What specification do these three acts share?

8)

(a)Our Mishnah now discusses the order of the proceedings, once the Yavam and the Yevamah arrive in Beis-Din. Based on the Pasuk "v'Kar'u lo Ziknei Iro v'Dibru Elav", the Dayanim will advise them, if necessary, to perform Chalitzah, rather than Yibum.

(b)The Yevamah then says 'Me'ein Yevami Lehakim l'Achiv Shem b'Yisrael, Lo Avah Yabmi', to which the Yavam responds - 'Lo Chafatzti Lekachtah'.

(c)Chalitzah must be said in Lashon ha'Kodesh (as we learn in Sotah, from Pesukim).

(d)The Yevamah then approaches the Yavam, pulls off his right shoe and spits towards him - all in full view of the Dayanim.

9)

(a)What does the Yevamah then call out?

(b)What Minhag did Rebbi Hurkanus introduce under the oak-tree in Kfar Itam?

(c)According to the Tana Kama, it is only the Dayanim who call out 'Beis Chalutz ha'Na'al' at the conclusion of the ceremony. What does Rebbi Yehudah say?

(d)Rav Yehudah teaches that the Mitzvah of Chalitzah comprises her reading, his reading, removing the shoe, spitting and her reading. Why did he find it necessary to repeat the order that appears clearly in our Mishnah? To which two aspects of the Chalitzah ceremony did Rav Yehudah refer?

9)

(a)The Yevamah then calls out - 'Kachah Ye'aseh la'Ish Asher Lo Yivneh es Beis Achiv'.

(b)Rebbi Hurkanus introduced the Minhag, under the oak-tree in Kefar Itam - that the Yevamah should add the rest of the Parashah ("v'Nikra Sh'mo b'Yisrael 'Beis Chalutz ha'Na'al' ").

(c)According to the Tana Kama, it is only the Dayanim who call out 'Beis Chalutz ha'Na'al' at the conclusion of the ceremony - whereas according to Rebbi Yehudah, all those who are present join in.

(d)Rav Yehudah teaches that the Mitzvah of Chalitzah comprises her reading, his reading, removing the shoe, spitting and her reading. The reason that he repeats this, despite the fact that it appears clearly in our Mishnah, is - to teach us that it is only a Mitzvah (l'Chatchilah) that this order must be maintained (i.e. removing the shoe and spitting), but that, b'Di'eved, if they reversed the order, the Chalitzah is nonetheless Kasher.

10)

(a)What did Abaye say about the wording in the Get Chalitzah ...

1. ... 'Lo Avah Yabmi'?

2. ... 'Lo Chafatzti l'Kachtah'?

(b)On what grounds does Rava disagree with Abaye?

(c)What did Rav Ashi once tell Rav Kahana, when he found him struggling to get a Yevamah to read 'Lo Avah Yabmi' without pausing in the middle?

(d)What was Rav Kahana's reaction to that?

10)

(a)Abaye said that, whoever reads the Get Chalitzah ...

1. ... for the Yevamah to repeat, should not pause in between the words 'Lo' and 'Avah Yabmi' (so as not to convey the impression that she is saying 'Avah Yabmi' on its own.

2. for the Yavam to repeat, should not pause in between the words 'Lo' and 'Chafatzti Lekachtah' (for the same reason).

(b)Rava disagrees with Abaye - because, since the word 'Lo' preceded the respective statements, a pause does not change their meaning.

(c)When Rav Ashi once found Rav Kahana struggling to get a Yevamah to read 'Lo Avah Yabmi' without pausing in the middle - he quoted him Rava's concession to break in the middle ...

(d)... to which Rav Kahana replied - that this only pertained to 'Lo Chafatzti Lekachtah' (of the Yavam, where 'Lo' can only refer to 'Chafatzti Lekachtah' , but not to 'Lo Avah Yabmi', where 'Lo' on its own appears to negate what she said earlier 'Me'ein Yevami ... ' (the Yavam refuses to perform Yibum), which she now corroborates by saying 'Avah Yabmi' (He has agreed to perform Yibum after all).

11)

(a)They used to write in the Get Chalitzah that they made her read from 'Me'ein Yevami' until 'Yavmi', that they made him read from 'Lo' until 'Lekachtah', and her again from 'Kachah' until 'Chalotz ha'Na'al'. Why did they not write the full quotes?

(b)Then how could Mar Zutra do so?

11)

(a)They used to write in the Get Chalitzah that they made her read from 'Me'ein Yevami' until 'Yabmi', that they made him read from 'Lo' until 'Lekachtah', and her again from 'Kachah' until 'Chalotz ha'Na'al'. They did not write the full quotes - because they had no justification to make Sirtut (lines similar to those that are scratched in a Sefer-Torah) and write the entire paragraph.

(b)Mar Zutra wrote the full quotes in the Get - after first making Sirtut.

12)

(a)On what basis did Mar bar Idi query Mar Zutra?

(b)How do we nevertheless justify Mar Zutra's action? In which way is writing a Get Chalitzah different than writing a Parashah for children to learn?

(c)Like whom is the Halachah?

12)

(a)Mar bar Idi queried Mar Zutra - on the basis of the prohibition of writing individual Parshiyos of the Torah, even with lines.

(b)We nevertheless justify Mar Zutra's action - in that, since it was not his intention to write a Parashah in the Torah to learn (like one writes such a Parashah for a child), only to use for Mitzvas Chalitzah, writing it did not give it the Kedushah of a Sefer Torah, in which case it is permitted.

(c)The Halachah is like Mar Zutra.

13)

(a)On what grounds does Abaye invalidate the Chalitzah of a Yevamah, if the wind dispersed her spit before it reached the area in front of the Yavam?

(b)In which case will such a Chalitzah nevertheless be valid?

(c)In the event that the Yevamah is tall and the Yavam is short, up to which point must the spit reach for the Chalitzah to be valid?

13)

(a)Abaye invalidates the Chalitzah of a Yevamah if the wind dispersed her spit before it reached the area in front of the Yavam - on the basis of the Pasuk "v'Yarkah b'Fanav".

(b)Such a Chalitzah will nevertheless be valid - if the Yevamah is small and the Yavam is tall (because the moment the spit leaves her mouth, it is in fact, in front of the Yavam).

(c)For the Chalitzah to be valid, in the event that the Yevamah is tall and the Yavam is short - the spit must reach a point in front of his face where he can see it (without having to look upwards).

14)

(a)On what grounds does Rava invalidate the Chalitzah of a woman who spat after eating garlic or earth?

(b)What does Rava learn from the Pasuk "v'Yarkah l'Einei ha'Z'keinim"?

(c)Rebbi Yehudah requires everyone present to announce 'Chalutz ha'Na'al'. From whom did he learn this?

(d)How many times would they announce it?

14)

(a)Rava invalidates the Chalitzah of a woman who spat after eating garlic or earth - because she is obligated to spit of her own volition, and not because of what she ate.

(b)Rava learns from the Pasuk "v'Yarkah l'Einei ha'Zekeinim" - that the spit must be visible to the Dayanim.

(c)Rebbi Yehudah requires everyone present to announce 'Chalutz ha'Na'al' - because he once saw Rebbi Tarfon do so.

(d)They would announce it - three times.

Hadran Alach 'Mitzvas Chalitzah'