12th CYCLE DEDICATIONS
 
YEVAMOS 116 - Dedicated by Andy and Nancy Neff in honor of the marriage of their daughter Abby to Adi Isaacs (of LA). Mazel Tov - may they merit to build a house of Torah and Chesed and to raise children in to Torah and Yir'as Shamayim!

1)

(a)They found a Get in Sura on which there was written 'I, Anan bar Chiya the Neherde'an divorced my wife', and there was nobody else with that name from Sura to Neherda'a, except for Anan bar Chiya from Chigra. What did witnesses testify?

(b)Abaye said that even he would concede that, in this case, the Get would be Kasher. Why was that?

(c)What did Rava say? What makes this case different?

(d)Rava contends with the possibility that Anan bar Chiya from Chigra may have flown from Neherda'a to Sura on a flying camel, that he may have jumped or handed him words. What did he mean by ...

1. ... 'jumped'?

2. ... ' ... handed him words'

1)

(a)They found a Get in Sura on which there was written 'I, Anan bar Chiya the Neherde'an divorced my wife', and there was nobody else with that name from Sura to Neherda'a, except for Anan bar Chiya from Chigra. Witnesses testified however - that Anan bar Chiya from Chigra was with them in Neherda'a.

(b)Abaye said that even he would concede that, in this case, the Get would be Kasher - since they had searched, and the only other person with the name Anan bar Chiya was now known to have been in Neherda'a at the time when the Get was written in Sura.

(c)Rava, on the other hand said that - even he would concede that, in this case, the Get would not be Kasher, since they now knew that there was another Anan bar Chiya.

(d)Rava contends with the possibility that Anan bar Chiya from Chigra may have flown from Neherda'a to Sura on a flying camel, jumped or handed him words. When he said ...

1. ... 'jumped', he meant - that he may have jumped from Neherda'a to Sura by uttering one of Hash-m's Name.

2. ... ' ... handed him words, he meant - that he may have instructed the Sofrim in Neherda'a to write the Get in Sura when they got there.

2)

(a)What did Rav and Rav Huna used to tell the Sofrim to do when they were in Shili or in Hini?

(b)Regarding the case with the sesame-seeds, Rav Yeimar does not contend with the contents of the box having been switched, Ravina does. What is the Halachah?

2)

(a)Rav and Rav Huna used to tell the Sofrim, that when they were in Shili - they should describe the divorce as having taking place in Shili, even though, they received their instructions in Hini, and vice-versa.

(b)Regarding the case with the sesame-seeds, Rav Yeimar does not contend with the contents of the box having been switched, Ravina does. The Halachah - is like Ravina (in which case Shimon was Patur, like Rava ruled earlier).

3)

(a)On what grounds do we refute Rav Yehudah Amar Shmuel, who explains the quarrel between the husband and wife in our Mishnah as when, in her anger, she demands a divorce?

(b)How do we therefore amend Rav Yehudah Amar Shmuel? What did he really say?

(c)Rav Hamnuna rules that if a woman claims that her husband divorced her, she is believed. Why is that?

(d)Then how do we explain Rav Yehudah Amar Shmuel? Why is she not believed in our Mishnah?

3)

(a)We refute Rav Yehudah Amar Shmuel, who explains the quarrel between the husband and wife in our Mishnah as being when, in her anger, she demands a divorce a divorce - on the grounds that all women say that (and that this does not therefore constitute a quarrel).

(b)We therefore amend Rav Yehudah Amar Shmuel to read - that she claimed that her husband had divorced her (and he denied it).

(c)Rav Hamnuna rules that if a woman claims that her husband divorced her, she is believed - because she would not have the Chutzpah to make such a claim if it was not true.

(d)Rav Yehudah Amar Shmuel agrees with Rav Hamnuna, but he establishes our Mishnah (where she is clearly not believed) where the witnesses before whom she claims her husband divorced her, deny it.

4)

(a)According to Rav Chanina, the reason that we do not believe the woman when they have been quarreling is because she will lie. What does Rav Shimi bar Ashi say?

(b)What does each of them mean?

(c)What is the difference between the two reasons (see Tosfos Amud b. DH 'Ika Beinaihu')?

4)

(a)According to Rav Chanina, the reason that we do not believe the woman when they have been quarreling is because she will lie. Rav Shimi bar Ashi holds - that it is because she testifies inaccurately.

(b)Rav Chanina means - that following a quarrel, she hates him and will deliberately lie in order to become forbidden to him; whereas Rav Shimi bar Ashi holds - that she will easily jump to the conclusion that he is dead, without verifying it.

(c)The difference between the two reasons - will be when it is the husband who initiated the quarrel. She will not lie, because, since it was not she who initiated it, she does not hate him as much as to lie; she will however, feel sufficiently snubbed as to testify that he is dead, even when she is not a hundred-per-cent sure (see Tosfos Amud b. DH 'Ika Beinaihu').

116b----------------------------------------116b

5)

(a)We ask whether one witness is believed when the husband and wife quarreled. What are the two sides of the She'eilah?

(b)What is the outcome of the She'eilah?

(c)On what grounds do the Chachamim in a Beraisa, object to Rebbi Yehudah in our Mishnah (who permits a woman to marry by her own testimony only if she enters the Beis-Din weeping and with rent clothes)?

(d)Seeing as Rebbi Yehudah gauges whether a woman is telling the truth or not by the way she enters Beis-Din, on what basis did they instruct a certain woman who was on her way to the Beis-Din of Rebbi Yehudah, to 'eulogize her husband, tear her clothes and unruffle her hair'? Why was that not dishonest?

5)

(a)We ask whether one witness is believed when the husband and wife quarreled. The She'eilah is - whether one witness is believed because he will not lie over something that is destined to become revealed (in which case, the fact that they quarreled will not make a difference); or whether it is because we rely on the extensive inquiries that the woman will make before remarrying, in which case, it will (because following a quarrel, she is no longer trustworthy).

(b)The outcome of the She'eilah is - Teiku.

(c)The Chachamim in a Beraisa, object to Rebbi Yehudah in our Mishnah (who permits a woman to marry by her own testimony only if she enters the Beis-Din weeping and with rent clothes) - on the grounds that, if that it so, a Shotah (a simple woman) will not be able to remarry, since, whereas a Pikachas will put on a show for the sake of Beis-Din (this is what they maintain) she will not be smart enough to do that (Tosfos Yom Tov).

(d)Despite the fact that, according to Rebbi Yehudah, one gauges whether a woman is telling the truth or not, by the way she enters Beis-Din, they nevertheless instructed that woman who was on her way to the Beis-Din of Rebbi Yehudah, to 'eulogize her husband, tear her clothes and unruffle her hair' - because they held like the Rabanan, in whose opinion the whole thing is a 'Spiel' anyway.

6)

(a)Under which condition do Beis Hillel, in our Mishnah, initially restrict the concession of believing the woman that her husband has died?

(b)What do Beis Shamai say?

(c)Why is the Halachah like Beis Shamai?

6)

(a)Beis Hillel initially restrict the concession of believing the woman that her husband died - to a woman who returns from the harvest, and only if her husband died in the country in which the Beis-Din is situated.

(b)According to Beis Shamai, Chazal only mentioned those details - because the case that sparked off the Halachah happens to have occurred in those circumstances.

(c)The Halachah is like Beis Shamai in this particular case - because Beis Hillel themselves yielded to Beis Shamai.

7)

(a)How do Beis Shamai try to prove to Beis Hillel that Chazal cannot have confined their concession to the same country?

(b)On what grounds do Beis Hillel insist that they nevertheless did? What is the difference between testifying in the same country and testifying from overseas?

(c)How do Beis Shamai counter their argument? Why will she be afraid to lie even from one country to another?

(d)What is the original story on which Chazal based their ruling, as told by Rav Yehudah Amar Shmuel?

7)

(a)Beis Shamai try to prove to Beis Hillel that Chazal cannot have confined their concession to the same country - because if everything had to conform with the original circumstances, then the concession should also be restricted to harvesting a wheat-field. How did they know that it would apply even when she returned from harvesting barley, grapes, olives, dates or figs.

(b)Beis Hillel insist that they nevertheless did restrict the concession - because as long as the woman remains in the same country, she will be afraid to lie or to give inaccurate testimony (due to the fact that there are always people around who will testify the truth), which may not be the case from one country to another.

(c)Beis Shamai counter however - that since there are regular caravans traveling from one country to another, she will be afraid to lie in any case.

(d)The original story on which Chazal based their ruling, as told by Rav Yehudah Amar Shmuel - took place when, at the end of the wheat-harvest, when ten men went to reap the wheat. After one of them was bitten by a snake and died, his wife came and informed Beis-Din, who sent a messenger to check on her testimony, which they found to be accurate. That is when they declared that a woman is believed (to permit herself to marry or to perform Yibum).

8)

(a)The author of our Mishnah, which confines the decree to Kodesh and not to Terumah, is Rebbi Chananya ben Akavya, who argues with the Tana Kama. The Tana Kama of a Beraisa forbids carrying Mei Chatas or Efer Chatas even by throwing it, or handing it across a stretch of water. Is one permitted to carry it ...

1. ... riding on the back of his friend or of an animal?

2. ... on foot across a bridge?

(b)What does Rebbi Chananya ben Akavya say?

(c)What actually happened there (as told by Rav Yehudah Amar Shmuel)?

(d)Like whom do we try to establish ...

1. ... the Rabanan?

2. ... Rebbi Chananya ben Akavya?

8)

(a)The author of our Mishnah, which confines the decree to Kodesh and not to Terumah, is Rebbi Chananya ben Akavya, who argues with the Tana Kama. The Tana Kama of a Beraisa forbids carrying Mei Chatas or Efer Chatas even by throwing it, or handing it across a stretch of water. The prohibition - extends to carrying it ...

1. ... riding on the back of his friend or of an animal.

2. ... on foot across a bridge.

(b)Rebbi Chananya ben Akavya says - that Chazal confined the decree to the Jordan River and to transporting the Mei Chatas by boat.

(c)What actually happened there (as told by Rav Yehudah Amar Shmuel) - was that someone was transporting Mei Chatas and Efer Chatas by boat across the Jordan River - when a k'Zayis of human corpse was found sticking to the floor of the boat.

(d)We try to establish ...

1. ... the Rabanan - like Beis Shamai in our Mishnah (who, in similar vein, extend the concession to all circumstances).

2. ... Rebbi Chananya ben Akavya - like Beis Hillel (who also restrict it to the circumstances in which the original episode took place).

9)

(a)How do we reconcile ...

1. ... the Rabanan with Beis Hillel? Why might Beis Hillel agree with them that all rivers are the same?

2. ... Rebbi Chananya ben Akavya with Beis Shamai? Why might Beis Shamai agree with him by Mei Chatas and Efer Chatas?

9)

(a)We reconcile ...

1. ... the Rabanan with Beis Hillel - by pointing out that Beis Hillel restrict the concession because, whereas in the same country she is afraid, from one country to another she is not (as we explained earlier), whereas in the case of the Mei Chatas, where there is no reason to differentiate between different kinds of transport or different rivers, even Beis Hillel will agree with the Rabanan.

2. ... Rebbi Chananya ben Akavya with Beis Shamai - because there, we believe the woman on account of the S'vara that a woman makes extensive inquiries before remarrying (which applies equally if she came from a distant land as to when she came from the same country); whereas in the case of Mei Chatas, which they decreed because of the episode that took place, even Beis Shamai will agree with Rebbi Chananya ben Akavya.

10)

(a)According to Beis Hillel, the woman may marry by her own testimony, but does not receive her Kesubah. Beis Shamai disagree on the basis of a 'Kal va'Chomer'. Which 'Kal va'Chomer'?

(b)How do Beis Hillel counter the 'Kal va'Chomer'?

(c)Beis Shamai have the last word however, and here too, Beis Hillel yield to their opinion. What do they say?

(d)Like whom is the Halachah?

10)

(a)According to Beis Hillel, the woman may marry by her own testimony, but does not receive her Kesubah. Beis Shamai disagree on the basis of a 'Kal va'Chomer' - if she is believed to permit the stringent Isur of Eshes Ish, she should certainly be believed to extract her Kesubah from her husband's estate.

(b)Beis Hillel counter the 'Kal va'Chomer' - by pointing out that she is not believed to permit the brothers to inherit their father's property either (because it is only to permit her to remarry that Chazal believed her, but, as far as extracting money is concerned, two witnesses are required as always).

(c)Beis Shamai have the last word however. They refer to the wording on a woman's Kesubah, where it specifically states that whenever a woman remarries, she received her Kesubah, and that incorporates our case.

(d)Here too - Beis Hillel yield to their opinion

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