(a)The Mishnah now discusses a woman whose husband went overseas and whom 'they told' (Amru lah) that he had died (See Tos. Yom-Tov). What does 'Amru' mean?
(b)Is she permitted to then go and get married?
(c)What if she does get married (See Tiferes Yisrael) and her husband subsequently turns up?
(d)Why does she need a Get from the second man, seeing as her marriage to him is invalid?
(e)So what if they do?
1)
(a)The Mishnah now discusses a woman whose husband went overseas and whom 'they told' (Amru lah) - (with reference to one witness [See Tos. Yom-Tov DH 'ha'Ishah she'Halach' and 've'Amru lah']) that he had died.
(b)She is in fact - then permitted to go and get married (See Tos. Yom-Tov DH 'Teitzei mi'Zeh u'mi'Zeh').
(c)If she does get married, and her husband subsequently turns up - she must leave both men and requires a Get from both of them.
(d)Despite the fact that her marriage to the second man is invalid, she nevertheless need a Get from him - because we are afraid that when people see that her 'first' husband is still alive, they will think that he must have divorced her, in which case her marriage to the second one is valid.
(e)Consequently, if she now leaves him without a Get - it looks as if a married woman is going out without a Get.
2)
(a)The Tana lists a series of other punishments that she now has to suffer. Considering that she was permitted to marry, on what basis is she being punished?
(b)What does the Mishnah later say there where her husband subsequently turns up after she remarries via two witnesses?
(c)What is the Halachah there?
2)
(a)The Tana lists a series of other punishments that she now has to suffer. This is - because they only permitted her to marry on condition that she verifies her husband's death independently, and the heavy punishment that she receives is meant to ensure that she does so.
(b)The Mishnah later rules that there where her husband subsequently turns up after she remarried via two witnesses - she is permitted to return to her husband (as we shall see shortly).
(c)The Halachah however is - that there is no difference between one witness and two witnesses (le'Chumra).
3)
(a)What does the Tana Kama say about her ...
1. ... Kesubah and Peiros?
2. ... Mezonos and Bela'os?
(b)What if she claimed any of these from either of them?
(c)What is the only item that she is entitled to claim?
(d)And what does he say about the status of a child that she bears from either man?
(e)What is the difference between the two children?
3)
(a)The Tana Kama rules - that she loses her ...
1. ... Kesubah (See Tos. Yom-Tov) and Peiros ...
2. ... Mezonos (See Tos. Yom-Tov) and Bela'os, and that ...
(b)... should she claim any of these from either of them - she is obligated to return them (See Tos. Yom-Tov).
(c)The only item that she is entitled to claim is - Bela'os (the clothes of Nichsei Milog) that the husband has not worn out.
(d)He also declares a child that she bears from either man - a Mamzer (See Tos. Yom-Tov) ...
(e)... though a child from the latter is a Mamzer d'Oraysa, from the former, a Mamzer de'Rabbanan (See Tos. Yom-Tov).
4)
(a)What does the Mishnah say about ...
1. ... the obligation to bury her when she dies?
2. ... objects that she finds and work that she produces, that would normally go to her husband?
3. ... annulling her Nedarim?
(b)What does she lose if she is a bas ...
1. ... Yisrael?
2. ... Levi?
3. ... Kohen?
(c)What is the Tana referring to when he says that neither of the sets of heirs inherit her Kesubah?
(d)In the event that either man dies, what does the Mishnah obligate his brother to do?
(e)What is the difference between the two Chalitzos?
4)
(a)The Mishnah rules that neither husband ...
1. ... is obligated to bury her when she dies.
2. ... receives objects that she finds and work that she produces (even though they normally go to her husband).
3. ... may annul her Nedarim.
(b)If she is a bas ...
1. ... Yisrael she loses the right to marry a Kohen (since she has the status of a Zonah.
2. ... Levi, she loses the right to eat Ma'aser (according to Rebi Meir, as we learned in the previous Perek), and if she is a bas ...
3. ... Kohen, she loses the right to eat Terumah.
(c)When the Tana says that neither of the sets of heirs inherit her Kesubah, he is referring to - 'Kesubas B'nin Dichrin' (the clause in the Kesubah that enables the children that she has from her husband to inherit her Kesubah [See Tos. Yom-Tov]).
(d)In the event that either man dies, the Mishnah obligates his brother - to do Chalitzah (but not Yibum).
(e)The former makes Chalitzah min ha'Torah (whereas the prohibition to perform Yibum is mi'de'Rabbanan); the latter, mi'de'Rabbanan (like the Din of Get that we learned earlier).
5)
(a)According to Rebbi Yossi, she does receive her Kesubah. From whom does she receive it?
(b)What does Rebbi Elazar say about ...
1. ... the objects that she finds and the work that she produces?
2. ... the Nedarim that she makes?
(c)And what does Rebbi Shimon say about ...
1. ... a case where her first husband's brother performed Yibum or Chalitzah?
2. ... children that she bears from him?
(d)Like whom is the Halachah in all of these cases?
5)
(a)According to Rebbi Yossi, she does receive her Kesubah - from the first husband.
(b)Rebbi Elazar rules that ...
1. ... the objects that she finds and the work that she produces - go to the first husband (See Tos. Yom-Tov).
2. ... the Nedarim that she makes - can be nullified by the first husband.
(c)Whereas Rebbi Shimon rules ...
1. ... in a case where her first husband's brother performed Yibum or Chalitzah - that it releases her Tzarah from the Chiyuv (See Tos. Yom-Tov).
2. ... children that she bears from him - are not Mamzerim.
(d)The Halachah however is - like the Tana Kama.
6)
(a)And what does the Tana mean when he finally says that if she married without permission she is permitted to return to him (her first husband)?
(b)What is the Halachah in this regard?
6)
(a)And when the Tana finally says that if she married without permission she is permitted to return to him (her first husband) - he is referring to where she married via two witnesses, in which case she does not require the authority of Beis-Din to permit her to get married (as we learned earlier).
(b)The Halachah however is - that even there, all the Chumros listed by the Tana apply to her too (as we explained there).
Mishnah 2
7)
(a)What distinction does the Mishnah draw with regard to the previous case (where there are two witnesses) between whether Beis-Din expressly permitted her to remarry or whether she went ahead and did so on her own accord?
(b)Based on which principle is she Patur from a Korban in the former case?
(c)What is the Halachah in this regard?
(d)What does the Tana say about the current case, only where the woman did not marry the second man but 'sinned' with him (See Tos. Yom-Tov)?
(e)Why is that?
7)
(a)In the previous case (where there are two witnesses), the Mishnah rules that if Beis-Din expressly permitted her to remarry, she goes out from both husbands - but is exempt from bringing a Chatas, whereas if she went ahead and did so on her own accord - she is Chayav.
(b)She is Patur from a Korban in the former case, based on the principle that - 'An individual who acts on the erroneous ruling of the Beis-Din is Patur from a Korban'.
(c)The Halachah in this regard is however that - she is considered a Shogeg, even if she marries via two witnesses, and both she and the second husband are Chayav a Chatas (See Tos. Yom-Tov).
(d)The Tana rules in the current case, only where the woman did not marry the second man but 'sinned' with him (See Tos. Yom-Tov) - that she is Chayav a Korban ...
(e)... since Beis-Din only allowed her to remarry, not to 'sin'.
Mishnah 3
8)
(a)If a man and his son travel overseas and witnesses come and testify that both of them died, what difference will it make as to who died first?
(b)What does the Tana say about a case where the witnesses testify that her husband died first, and where, after the woman remarried, it transpires (See Tos. Yom-Tov) that it was her son who actually died first?
(c)Why is that?
(d)And what does he say about the children from both wives?
(e)Based on which principle of his do we establish the Reisha of the Mishnah like Rebbi Akiva?
8)
(a)If a man and his son travel overseas and witnesses come and testify that both of them died, then - she is Chayav Yibum if the son died first) but Patur if the father died first.
(b)The Tana therefore rules that there where the witnesses testify that her husband died first, and where, after the woman remarried, it transpires (See Tos. Yom-Tov) that it was her son who actually died first - her husband is obligated to give her a Get ...
(c)... because she is a Zonah (See Tos. Yom-Tov).
(d)The children from both wives - are Mamzerim.
(e)We establish the Reisha of the Mishnah like Rebbi Akiva (See Tos. Yom-Tov on previous answer) based on the principle of his - that a baby born from Chayvei La'avin is a Mamzer.
9)
(a)What will be the Din in the reverse case, where the witnesses initially testify that it was her son who died first and where she subsequently performed Yibum, and it then transpires that it was actually her husband who died first?
(b)How will the Din differ (from the previous two cases) if the witnesses testified that her husband died on a certain date, and it later transpired that he actually died after she had, and after she remarried?
(c)And what does the Mishnah say ...
1. ... with regard to returning to her husband if he turns up after she is merely betrothed to the second man?
2. ... about the same case, but where the second man gave her a Get?
(d)How does Rebbi Elazar ben Masya learn this from the Pasuk in Emor (in connection with Kohanim) "ve'Ishah Gerushah me'Iyshah Lo Yikachu"?
9)
(a)In the reverse case, where the witnesses initially testify that it was her son who died first and where she subsequently performed Yibum, and it then transpires that it was actually her husband who died first) - the same rulings will apply (See Tos. Yom-Tov).
(b)The difference between the above cases and one where the witnesses testified that her husband died on a certain date, and it later transpired that he actually died after she had remarried is that in the latter case - (although the second husband is still obligated to give her a Get, and the first son [born before her real husband died] is a Mamzer]), the second son (who is born after her husband's death, is not a Mamzer (See Tos. Yom-Tov).
(c)The Mishnah rules ...
1. ... that if her husband turns up after she is merely betrothed to the second man - she is permitted to return to her husband (See Tos. Yom-Tov), and ...
2. ... in the same case, but where the second man gave her a Get - that it will not invalidate her from eating Terumah.
(d)Rebbi Elazar ben Masya learn this from the Pasuk in Emor (in connection with Kohanim) "ve'Ishah Gerushah me'Iyshah Lo Yikachu"- from which he Darshens(Im Eino Inyan) that a woman is forbidden to her husband if she is divorced from her husband, but not from a woman who is not her husband.
Mishnah 4
10)
(a)Still on the same theme as the previous Mishnah, what does the Tana say in a case where the woman goes overseas, two witnesses (See Tos. Yom-Tov) testify that she died and after her husband marries her sister, she turns up?
(b)Why is that?
(c)How do we learn this from the word "osah" (in the Pasuk in Naso (in the Parshah of Sotah, "Veshachav Ish osah")?
10)
(a)Still on the same theme as the previous Mishnah, the Tana rules that, in a case where the woman goes overseas, two witnesses (See Tos. Yom-Tov) testify that she died and her husband marries her sister, she turns up - she is permitted to go back to her husband ...
(b)... because his Kidushin to her sister is invalid, and their Bi'ah is merely a bi'as Z'nus.
(c)We learn this from the word "osah" (in the Pasuk in Naso (in the Parshah of Sotah, "Veshachav Ish osah") - from which we Darshen that it is her Bi'ah that forbids her on her husband, but not that of her sister (See Tos. Yom-Tov).
11)
(a)And what does the Tana say about him marrying his sister-in-law's daughter (See Tos. Yom-Tov), and vice-versa?
(b)On what principle is this ruling based?
(c)May he marry her, in the event that his wife dies?
(d)What does the Tana Kama say about the babies, in a case where witnesses inform a man that his wife has died, and after he marries her sister, it transpires that she was alive at the time, but that she has since died?
11)
(a)The Tana also permits him to marry his sister-in-law's daughter and vice-versa ...
(b)... based on the principle that - 'One is permitted to marry the daughter or the mother of a woman whom one raped' (See beginning of the next Perek).
(c)And in the event that his wife dies - he is even permitted to marry her, (See Tos. Yom-Tov).
(d)In a case where witnesses inform a man that his wife has died, and after he marries her sister, it transpires that she was alive at the time, but that she has since died the Tana Kama rules - that the first baby that is born (before his wife died) is a Mamzer, the second one is not.
12)
(a)The Mishnah now discusses a case where Reuven is married to Rachel, and Shimon, to her sister Le'ah. Rachel goes overseas with Shimon. And after witnesses testify that both of them have died, and he has married Leah, Rachel and Shimon turn up. What does the Tana say with regard to Rachel going back to Reuven?
(b)The Tana Kama and Rebbi Yossi now argue over where Reuven And were not married, only betrothed. What does the Tana Kama say?
12)
(a)The Mishnah now discusses a case where Reuven is married to Rachel, and Shimon, to her sister Le'ah. Rachel goes overseas with Shimon. And after witnesses testify that both of them have died, and he has married Leah, Rachel and Shimon turn up. The Tana rules that - Rachel is permitted to go back to Reuven (as we learned a little earlier).
(b)The Tana Kama and Rebbi Yossi now argue over where Reuven And were not married, only betrothed. The Tana Kama - issues the same ruling as in the previous case, where they were married.
13)
(a)On what grounds does Rebbi Yossi maintain that Le'ah is forbidden to return to Shimon?
(b)What does he mean when he says ...
1. ... 'Kol she'Posel al-Y'dei Acherim'? Why is that?
2. ... 'Posel al-Y'dei Atzmo'?
(c)Why does Le'ah require a Get from Reuven?
(d)Then why does the same not apply where he married her?
13)
(a)Rebbi Yossi maintains that Le'ah is forbidden to return to Shimon - since this will cause her sister Rachel to become forbidden to go back to her husband (as we will explain shortly).
(b)When he says ...
1. ... 'Kol she'Posel al-Y'dei Acherim', he means - that Le'ah forbids her sister to go back to her husband, since she (Le'ah) will requires a Get (thereby rendering Rachel Achos Gerushaso).
2. ... 'Posel al-Y'dei Atzmo', he means - that, since she forbids her sister to return to her husband, she forbids herself to return to her's too, because once a woman requires a Get from her second husband, she is forbidden to return to the first one.
(c)Le'ah requires a Get from Reuven - because people might otherwise think that a. there must have been a condition attached to the betrothal of Rachel to Reuven which was not met, in which case Le'ah's marriage to Reuven was valid, and b. a married woman is now leaving her husband without a Get.
(d)The same does not apply where he married her - since whatever condition one makes cannot negate a marriage (See Tos. Yom-Tov).
Mishnah 5
14)
(a)The Mishnah now discusses a case where witnesses testified that Rachel, Reuven's wife, died and he married her paternal sister; witnesses then testified that she died too, and he married her maternal sister (who was not related to Rachel). What happened next?
(b)In the event that all five women are found to be still alive, which women does the Mishnah permit Reuven to retain and which does it not?
(c)Why are the third and the fifth women not forbidden because they are the sisters of the second and the fourth sisters respectively?
(d)And what does the Tana say about the Tzaros of ...
1. ... the first, third and fifth women?
2. ... the second and the fourth?
(e)What is the case?
14)
(a)The Mishnah now discusses a case where witnesses testified that Rachel, Reuven's wife, died and he married her paternal sister; witnesses then testified that she died and he married her maternal sister (who was not related to Rachel) - Subsequently, she too died and he married her paternal sister, and finally she died and he married her maternal sister.
(b)In the event that all five women are found to be still alive, the Mishnah permits Reuven to retain - the first, third and fifth women, but not the second and the fourth.
(c)The third and the fifth women are not forbidden because they are the sisters of the second and the fourth sisters respectively - since the Kidushin with the second and the fourth women is invalid, and we have already learned that if a man rapes or seduces a woman, he is permitted to marry her daughter.
(d)The Tana also rules that the Tzaros of ...
1. ... the first, third and fifth women - are exempt from Yibum but those of ...
2. ... the second and the fourth - are not.
(e)The case is where Reuven died and the his brother Shimon performed Yibum with one of them.
15)
(a)What does the Tana mean when, finally, it talks about where Reuven had relations with the second wife after the first one died?
(b)What does he rule there?
(c)What does he say about the Tzaros of the first, third and fifth women?
15)
(a)When finally, the Tana talks about where Reuven had relations with the second wife after the first one died, the Tana means - that he married the second one after the first one had actually died (whereas all the others were ultimately found to be alive).
(b)He rules there - that it is then the second and the fourth women whom he is permitted to retain, and not the third and the fifth ...
(c)... whose Bi'ah with the Yavam should he die, will not then exempt the Tzaros from Yibum.
Mishnah 6
16)
(a)What does the Tana say about a nine-year old boy (i.e. a Katan between the age of nine and thirteen) who has relations with the Yevamah?
(b)What if he gave her a Get or performed Ma'amar with her (See Tos. Yom-Tov)?
(c)After amending the Mishnah, what distinction does the Tana draw between where the nine-year old performed Ma'amar with the Yevamah and where he had relations with her after an older brother performed Ma'amar?
(d)And what will be the Din if after he has relations with her, one of the other brothers ...
1. ... has relations with her too?
2. ... performs Ma'amar with her, doess Chalitzah or gives her a Get?
(e)To explain the current rulings, what status does the Mishnah ascribe to the Bi'ah of a nine-year old boy with a Yevamah?
16)
(a)The Tana rules that a nine-year old boy (i.e. a Katan between the age of nine and thirteen) who has relations with the Yevamah - forbids her on the other brothers. And the same will apply ...
(b)... if he gives her a Get or performs Ma'amar with her (See Tos. Yom-Tov).
(c)After amending the Mishnah, the Tana rules that if the nine-year old performed Ma'amar with the Yevamah after an older brother had done so - he does not render her forbidden to him; whereas if he had relations with her, he does.
(d)If, after he has relations with her, one of the other brothers ...
1. ... has relations with her too, she becomes forbidden to him, and the same will apply if he ...
2. ... performs Ma'amar with her, does Chalitzah or gives her a Get.
(e)To explain the current rulings, the Mishnah considers the Bi'ah of a nine-year old boy with a Yevamah - to be like Ma'amar of a Gadol.
Mishnah 7
17)
(a)What does the Tana Kama say about one nine-year old who performs Bi'ah with his Yevamah after his nine-year old brother did the same?
(b)Why is that?
(c)On what grounds does Rebbi Shimon say that the second brother's Bi'ah does not forbid the Yevamah on the first one?
(d)Like whom is the Halachah?
17)
(a)The Tana Kama rules that if a nine-year old performs Bi'ah with his Yevamah after his nine-year old brother did the same - he renders the Yevamah forbidden to him ...
(b)... since it is like Ma'amar after Ma'amar (both of which take effect (as we learned earlier).
(c)Rebbi Shimon maintains that the second brother's Bi'ah does not forbid the Yevamah on the first brother - because he holds that the Ma'amar of a Katan either acquires completely or not at all, in which case 'Mah Nafshach', the Yevamah is not forbidden to the first brother.
(d)The Halachah is - like the Tana Kama.
Mishnah 8
18)
(a)By the same token, what do the Tana Kama and Rebbi Shimon respectively, say about a nine-year old Yavam who performs Bi'ah with both the Yevamah and her Tzarah?
(b)And what does the Mishnah say in a case where a nine-year old boy ...
1. ... performs Yibum and dies?
2. ... marries and dies?
(c)Why the difference?
18)
(a)By the same token, where a nine-year old Yavam performs Bi'ah with both the Yevamah and her Tzarah, the Tana Kama - forbids him to live with both of them, whereas according to Rebbi Shimon - he is permitted to remain with the first one 'Mah Nafshach' (See Tos. Yom-Tov).
(b)The Mishnah rules that, in a case where a nine-year old boy ...
1. ... performs Yibum and dies - one of the remaining brothers must perform Chalitzah, but not Yibum.
2. ... marries and dies - his 'wife' is Patur from Yibum ...
(c)... because although the Bi'ah of a nine-year old is considered a Bi'ah, his Kinyan is not considered a Kinyan (See Tos.Yom-Tov).
Mishnah 9
19)
(a)In a case where a nine-year old boy has relations with a Yevamah, grows up, and, without being intimate with her again he marries another woman and dies, the first woman requires Chalitzah. Why not Yibum?
(b)What about the second woman?
(c)According to Rebbi Shimon, what does the brother do with ...
1. ... whichever one of the women he chooses?
2. ... the other one?
(d)On what basis does Rebbi Shimon ...
1. ... permit performing Yibum with one of them?
2. ... not permit Yibum with the second one?
19)
(a)In a case where a nine-year old boy has relations with a Yevamah, grows up, and, without being intimate with her again he marries another woman and dies, the Tana rules that the first woman requires Chalitzah. Not Yinbum- because, since the Yavam did not perform Yibum with her after he became a Gadol, she now has the Zikah of two men on her (Zikas Sh'nei Yevamin), and 'Zikas Sh'nei Yevamin is forbidden to the third brother.
(b)The brother - may perform either Yibum or Chalitzah with the second woman (See Tos. Yom-Tov).
(c)According to Rebbi Shimon, the brother may ...
1. ... may perform Yibum with whichever woman he chooses, and ...
2. ... Chalitzah with the second one
(d)Rebbi Shimon ...
1. ... permits performing Yibum with one of them, because he does not hold of the Isur of 'Zikas Sh'nei Yevmin' (See Tos. Yom-Tov).
2. ... not permit Yibum with the second one as well, because the two women are not Tzaros, that one should exempt the other one from Yibum. She is a Tzarah through Ma'amar, and she is forbidden to the brother because it looks like two Yevamos falling to Yibum from the same house (See Tos. Yom-Tov).
20)
(a)To what does the Mishnah compare a twenty-year old man who has not grown two pubic hairs (with regard to the above Dinim)?
(b)Why is that?
(c)How will this Din change when he turns thirty-five, assuming that his physical situation has not changed?
20)
(a)The Mishnah compares a twenty-year old man who has not grown two pubic hairs (with regard to the above Dinim) - to a Katan over the age of nine ...
(b)... because since he has not displayed any signs of being a Saris, he remains a regular Katan ...
(c)... until he reaches the age of thirty-five - when he becomes a S'ris-Chamah (even though no signs of a S'ris (as defined in the eighth Perek) have appeared.
