Daf Yomi - Yevamos 3 - Highlights

The Gemora states that the exemptions regarding the fifteen women listed in the Mishna are all derived from the verse in the Torah discussing his wife’s sister.

The Gemora asks: Why didn’t the Mishna list the case of his wife’s sister first?

The Gemora answers: The Mishna listed the fifteen women according to the closeness of their relationship with the yavam. The closest ones are his daughter, and his daughter’s daughter and his son’s daughter since these three are his blood relatives. Since the Tanna listed three generations descending from the man, he listed three generations descending from the yavam’s wife, i.e. his wife’s daughter, and her daughter’s daughter and her son’s daughter. Once the Mishna listed three generations descending from her (yavam’s wife), he decided to list three generations ascending from her, i.e. his mother-in-law, and his mother-in-law’s mother and his father-in-law’s mother. He then listed the yavam’s maternal sister and his mother’s sister since they are his blood relatives (more than his daughter-in-law, who is only related through her marriage to his son). Once he was discussing prohibitions pertaining to sisters, he mentioned his wife’s sister. Of the three remaining women (his daughter-in-law, his maternal brother’s wife and the wife of his brother who was not in his world, who are all not blood relatives), the Tanna should have listed his daughter-in-law first (because her prohibition is the most severe; stoning compared to kares); however, since we were discussing prohibitions dealing with siblings, the Tanna listed his maternal brother’s wife and the wife of his brother who was not in his world and concluded with his daughter-in-law. (2b – 3a)

The Gemora asks: Why does the Mishna say that these fifteen women exempt their co-wives; let the Mishna say that they forbid their co-wives?

The Gemora answers: If the Mishna would say forbid, one might think that it is forbidden to perform a yibum with her, but one is required to perform chalitzah; the Tanna teaches us that she is exempt from chalitzah, as well.

The Gemora asks: Let the Mishna say that these fifteen women forbid their co-wives from chalitzah?

The Gemora answers: What would be wrong with performing a chalitzah with an ervah?

The Gemora rejects this answer: If we would allow the yavam to perform a chalitzah, an ignorant person might mistakenly think that yibum is also permitted and he will perform yibum with an ervah.

The Gemora concludes: Since a co-wife of the ervah becomes forbidden only in situations which involve the mitzvah of yibum (the deceased was a brother of this person), and not in any other situation (any time that a man is married to someone else’s ervah); the Mishna uses the term “exempt,” indicating that this ruling applies only in situations of yibum. (3a)

The Mishna had stated: Fifteen women exempt their co-wives and the co-wives of their co-wives from chalitzah and from yibum.

The Gemora asks: Would it have not been sufficient for the Mishna to say that they are exempt from yibum?

The Gemora answers: If the Mishna would have only said that they are exempt from yibum, we might have thought that there would be a requirement for chalitzah; the Mishna teaches us that whoever is subject to yibum is subject to chalitzah and whoever is not subject to yibum is not subject to chalitzah.

The Gemora asks: Let the Mishna say that they are exempt from yibum and chalitzah (reversing the order) or it can say that they are exempt from chalitzah (and we would understand that he cannot perform a yibum)?

The Gemora answers: The Mishna is following the viewpoint of Abba Shaul, who maintains that the mitzvah of chalitzah takes precedence over the mitzvah of yibum (since he might not have pure intentions); it is for this reason that the Tanna mentions chalitzah before yibum. (3a)

The Gemora asks: From where do we derive all the halachos listed in the Mishna?

The Gemora cites a braisa which provides a Scriptural verse (in the passages discussing the prohibition of living with ones wife sister when his original wife is still alive) teaching us that one cannot perform a yibum on his wife’s sister. It is also derived from those verses that he cannot take the co-wife of his wife’s sister and the co-wife of his wife’s sister’s co-wife. The braisa continues to teach us that we derive from here that he cannot perform yibum on any ervah, her co-wife or her co-wife’s co-wife. (3b)