1)

(a)We already explained in the Mishnah that, if the Yevamah claims that the Yavam did not yet perform Yibum with her within thirty days , we force the Yavam to perform Chalitzah without the option of Yibum, because the Tana is speaking when she produces a Get from him. We assume initially - that the Tana is referring to a Get of divorce following Bi'ah.

(b)In a Beraisa, the Tana rules that if within thirty days, the Yevamah claims that the Yavam did not perform Yibum with her, we force him to perform Chalitzah. If, after thirty days, she claims that he did ...

1. ... perform Yibum and he claims that he did not - she is believed and he is obligated to give her a Get (but not perform Chalitzah).

2. ... not perform Yibum and he claims that he did - he is believed, and she requires a Get plus Chalitzah, because of 'Shavyah Anafshah Chatichah d'Isura' ...

(c)... even if he later changes his mind and concedes that he did not really perform Yibum.

(d)Even though, as it appears form the Seifa, the Tana is speaking when the Yavam has not yet given her a Get (bearing in mind that, within thirty days, if she does not yet have a Get, we give the Yavam the option of performing Yibum, as we just learned) - Rebbi Ami emends the Seifa to read 'Tzerichah Chalitzah im Gitah'.

2)

(a)Rav Ashi leaves the Beraisa intact. To reconcile Rav with the Beraisa, he explains that Rav's statement 'be'she'Gitah Yotzei mi'Tachas Yado' - refers to a Get on his Ma'amar (forbidding him to perform Yibum [mid'Rabanan] because of 'Keivan she'Lo Banah ... ').

(b)In view of this, he explains 'Tzarich Get v'Chalitzah' in the Seifa of the Beraisa - with reference to a second Get (following his statement 'Ba'alti'), over and above the Get which she already has from the Ma'amar (explaining why, in the Reisha, we force him to perform Chalitzah and not Yibum).

(c)'Af-al-Pi she'Chazar v'Amar Lo Ba'alti' - now comes to explain why she nevertheless requires a Get, whereas according to Rebbi Ami, it comes to explain why we do not force him to perform Chalitzah.

3)

(a)In a case where a Yavam and Yevamah both admitted that, although thirty days had passed, Yibum had not been performed, Rava instructed them to perform Chalitzah. It is necessary to add that - initially he said that he had performed Yibum (like in the Seifa of the Beraisa that we just learned).

(b)Rav Sheravya objected to Rava's ruling - on the grounds that, the Tana of the Beraisa also requires a Get.

(c)Rava accepted Rav Sheravya's objection, and responded 'I Tanya, Tanya'.

(d)Hon, Rav Nachman's son, asked his father whether the Yevamah's Tzarah is permitted to marry after thirty days (seeing as we force the Yavam to perform Chalitzah). He replied - that the fact that we ask the Yavam to perform Chalitzah (because of 'Shavyah Anafshah ... ') will not affect the Tzarah. She is permitted to marry immediately after thirty days.

4)

(a)The Mishnah in Nedarim states that initially, three women were entitled to demand a Get, and that they also received their Kesubah: 'Teme'ah Ani Lach'; 'ha'Shamayim Beini l'Veinach'; 'Netulah Ani min ha'Yehudim'. The woman who says 'Teme'ah Ani Lach' - must have been married to a Kohen (whose wife is forbidden to him even if she has been raped).

(b)The woman's claim ...

1. ... 'ha'Shamayim Beini l'Veinach' means - that she is accusing her husband of not having normal relations with her, and only Hash-m knows it (see also Tosfos DH 'ha'Shamayim').

2. ... 'Netulah Ani min ha'Yehudim' - means that she withdraws from intimacy (because Tashmish is painful for her).

(c)When they saw, however, that women were abusing this Halachah, they changed it. They subsequently ruled that, if a woman says ...

1. ... 'Teme'ah Ani Lach' - she must prove it (by bringing two witnesses).

2. ... 'ha'Shamayim Beini l'Veinach' - we ask the husband in a nice way to behave civilly (see also Tosfos DH 'Ya'asu').

3. ... 'Netulah Ani min ha'Yehudim' - we ask her husband to annul the part of the Neder that pertains to him, and continue to live with her, whether she likes it or not.

5)

(a)The Bnei Yeshiva asked whether 'Netulah Ani min ha'Yehudim' will include the Yavam after her husband's death. The Yavam may be different than anybody else - because her Neder would only incorporate the majority of people to whom she would become permitted in the event of her husband's death. But it would not enter her mind that her husband might die leaving no children, and that she will fall to Yibum.

(b)Rav rules that the Yavam is not included in her Neder. According to Shmuel - he is.

6)

(a)Abaye proves Rav's opinion (that the woman does not have the Yavam in mind when she says 'Netulah Ani min ha'Yehudim') from our Mishnah 'ha'Noderes Hana'ah mi'Yevamah b'Chayei Ba'alah, Kofin Oso she'Yachlotz'. According to Shmuel the Tana ought to have said 'Mevakshin' (we only ask him to perform Chalitzah, but do not force him, like the Seifa).

(b)We challenge Abaye's proof by establishing the Mishnah by a woman who has children - in which case, even Abaye will agree that a woman does not take into account that both her children and her husband will die.

(c)However, based on the Seifa ('Im Niskavnah l'Kach, Afilu b'Chayei Ba'alah, Mevakshin Mimenu she'Yachlotz Lah'), we refute the challenge - because then the Seifa should have gone to on speak about a woman who has no children (rather than the completely different case of 'Niskavnah'). This leaves us with a clear proof for Rav, that the Tana holds 'Yavam Eino k'Ba'al'.

7)

(a)The Tana states that if a Cheresh marries a Pikachas or vice-versa, he may either remain with her or divorce her, as he chooses. The statement that follows 'k'Shem she'Hu Kones bi'Remizah, Kach Hu Motzi b'Remizah' - is merely an explanation as to why he is permitted to divorce her.

(b)The problem Rebbi Yochanan ben Nuri has with the distinction between a Pikachas who becomes a Chereshes, and a Pike'ach who becomes a Cheresh is - why the former can be divorce, whereas the latter cannot.

(c)The Chachamim - attributed this to the fact that a woman can be divorced against her will (and who does therefore not require Da'as to receive a Get), whereas the man requires Da'as in order to divorce..

(d)The Rabanan prove their point from Rebbi Yochanan ben Gudgoda, who says that a Chereshes whose father married her off when she was a Ketanah (which is valid mid'Oraisa) - can receive her own Get when she grows up (even though the Da'as of her father, who accepted her Kidushin, is no longer there).

8)

(a)Our Mishnah rules that if two brothers Charashin who are married to two sisters Charashos, and one of them dies - his brother is Patur from both Yibum and Chalitzah. And it issues the same ruling in a case ...

(b)...where ...

1. ... the two sisters are both Pikchos, or where ...

2. ... one of the two sisters is a Pikachas and the other, a Chereshes.

(c)In the reverse case, where two sisters Charashos are married to any of the above combinations of brothers - the Tana repeats the same ruling (that they are Patur from both Yibum and Chalitzah).

(d)The reason for this ruling is - because, seeing as the two brothers or the two sisters is the same, their Kidushin overrides the Zikah.

9)

(a)If, in either of the above cases, the two women are not related - the Yavam must initially perform Yibum, after which he is permitted to divorce her, should he so wish ...

(b)... because a. neither a Cheresh nor a Chereshes can perform Chalitzah, since they are not able to read the required statements, and b. the Get that is given with hints, is sufficient to remove his own marriage and that of his brother, to remove the title of Achos Ishah.

10)

(a)If, in a case where two brothers, one a Cheresh and the other, a Pike'ach, are married to two sisters Pikchos, the Cheresh dies, his wife is exempt from both Yibum and Chalitzah, because she is Achos Ishah. If it is the Pike'ach who died - the Cheresh is obligated to divorce his wife (whose Kidushin is not strong enough to remove the Zikah of the Yevamah), and the Yevamah is forbidden to him because of Achos Ishto.

(b)In the reverse case (where two sisters Pikchos are married, one to a Cheresh and the other, to a Pike'ach), the Mishnah rules that if the ...

1. ... Cheresh dies - his wife goes out because she is Achos Ishah.

2. ... Pike'ach dies - the Cheresh is obligated to divorce his wife, and the wife of the Pike'ach's wife is forbidden to him forever.

(c)The Tana now discusses two brothers, a Cheresh and a Pike'ach, who are married to two non-related Pikchos. He rules, in the event that the ...

1. ... Cheresh dies - that the his brother the Pike'ach may perform either Yibum or Chalitzah, as he sees fit.

2. ... Pike'ach dies - that the Cheresh must perform Yibum with his brother's wife, whom he is never permitted to divorce ...

(d)... because his Get cannot remove the Zikah of his brother, the Pike'ach.

11)

(a)We can extrapolate from our Mishnah that the marriage of a Cheresh and of a Chereshes is valid (albeit mid'Rabanan) whereas that of a Shoteh and of a Shotah is not - from the fact that the former require Chalitzah, whereas the latter do not.

(b)The reason that Rami bar Chama gives to explain that the Rabanan instituted marriage for the former but not for the latter is - because whereas the former adhere to the words of the Rabanan, the latter do not.

(c)The Rabanan instituted marriage for a Cheresh and a Chereshes, because, otherwise, they will never be able to marry - whereas for a Katan, who will soon grow up, they did not deem it necessary to do so.

(d)They nevertheless instituted marriage for a Ketanah, even though she too, is destined to become a Gedolah - in order to protect her from abuse.