| (Permission is granted to redistribute this material as long as the Kollel header and the subscription info at the end are included.) |
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rabbi Mordecai Kornfeld
Email - daf@shemayisrael.co.il
_________________________________________________________________
Yevamos Chart #5
KEY:
REUVEN - 1st brother, who died childless
SHIMON - 2nd brother, who was alive at the time that Reuven died
LEVI - 3rd brother, who was born after Reuven died
| (A) RABANAN |
(B) REBBI SHIMON |
||
|---|---|---|---|
| BROTHER BORN BEFORE YIBUM |
|||
| 1) | LEVI IS BORN, THEN SHIMON DIES |
She is exempt(1) | R. Oshiya: She does Yibum(2) Rav Papa : She is exempt* |
| 2) | LEVI IS BORN, SHIMON DOES YIBUM, THEN SHIMON DIES |
She is exempt(4) | R. Oshiya: She does Yibum(2) Rav Papa : She is exempt* |
| BROTHER BORN AFTER YIBUM |
|||
| 3) | SHIMON DOES YIBUM, THEN SHIMON DIES, THEN LEVI IS BORN |
She is exempt(3) | She is exempt(3) |
| 4) | SHIMON DOES YIBUM, THEN LEVI IS BORN, THEN SHIMON DIES |
She is exempt(4) | She does Yibum |
| 5) | SHIMON DOES MA'AMAR, THEN LEVI IS BORN, THEN SHIMON DIES |
She is exempt(5) | She does Chalitzah(6) (R. Oshiya: she does Yibum(7)) |
==========
FOOTNOTES:
==========
(1) That is, the wife of Reuven does not fall to Yibum to Levi because Levi
was not alive at the time of Reuven's death.
(2) This is because, according to Rebbi Oshiya, her Zikah to Shimon is
considered to create a marriage-like bond, making it is as if Shimon had
already married her (i.e., like case 4:B). According to the Gemara's
conclusion, this bond is created only if Shimon is the *only* brother of
Reuven at the time of Reuven's death. (The Yerushalmi accepts the opinion of
Rebbi Oshiyah, that Rebbi Shimon argues with the Rabanan and requires Yibum
in case #2 (when Shimon dies after performing Yibum). However, in case #1
(Shimon dies without performing Yibum), the Yerushalmi asserts that even
Rebbi Shimon will exempt the Yevamah from Yibum. The reason the Yerushalmi
differentiates between the two is because it maintains that Zikah is removed
retroactively from any brother who does not peform Yibum or Chalitzah with
the Yevamah. Since Shimon did not have Zikah to Reuven's wife he was not
considered to have been married to her, and she remains to Levi an "Eshes
Achiv she'Lo Hayah ba'Olamo" -- see Insights)
(3) This is the status of the wife of Reuven. The wife of Shimon is also
exempt from Yibum because she, too, is "Eshes Achiv she'Lo Hayah ba'Olamo,"
since Levi was born only after Shimon died.
(4) This is the status of the wife of Reuven. The wife of Shimon is also
exempt, because she is presently a Tzarah to woman who was originally the
wife of Reuven, and is an Ervah to Levi (Eshes Achiv she'Lo Hayah ba'Olamo).
(5) This is the status of the wife of Reuven. The wife of Shimon, though,
must do Chalitzah (since Ma'amar is not a full-fledged Kinyan and therefore
Shimon's wife is not a full-fledged Tzaras Ervah).
(6) This is the status of the wife of Reuven. Shimon's wife, on the other
hand, may perform either Yibum or Chalitzah (and by doing so she exempts
Reuven's wife from the requirement of Chalitzah). This is because if we view
Ma'amar as a Kinyan, and consider Reuven's wife to now be Shimon's wife, then
the case is similar to case #4:B, and Levi may do Yibum or Chalitzah with any
of the wives of Shimon. If we do not view Ma'amar as a Kinyan, then Reuven's
wife is exempt from Yibum or Chalitzah, as in case #1:B.
(7) The Gemara does not openly discuss R. Oshiya's opinion in this case, but
it would seem clear that this case can be inferred from cases #1:B and #2:B.
Therefore, *both* Reuven's wife *and* Shimon's wife must perform Yibum (just
in case Ma'amar is not like marriage, and they are falling to Yibum from two
different brothers).
| Main Yevamos Page |
List of Charts and Graphics |
Insights to the Daf |
Background to the Daf |
Review the Daf Questions and Answers |
Point by Point Summary |