Friday, June 22, 2007

Daf Yomi - Yevamos 50 - highlights

The Gemora addresses the third apparent contradiction of which Menasheh had asked Yeshaya. (Moshe Rabbeinu stated, “I (HaShem) shall fill the number of your days,” which implies that HaShem will not add to ones lifespan, whereas you said to King Chizkiyah, “I (HaShem) will add fifteen years to your life.”)

The Gemora answers that this matter is in fact a Tannaic dispute. We have learned in a braisa: I (HaShem) shall fill the number of your days, these are the years that a person is granted to live at the beginning of his life. If he merits, those years will be completed. If he does not merit, they will decrease years from his lifetime; these are the words of Rabbi Akiva. The Chachamim say: If one merits, they will increase years to his lifetime, but if he does not merit, they will decrease years from his lifetime.

The Chachamim said to Rabbi Akiva: Behold it is written: I (HaShem) will add fifteen years to your life. (This proves that years can be added to one’s life.) Rabbi Akiva responded to them: Those fifteen years were originally his (fifteen years was deducted from his life on account of a sin, but it was returned to him after he repented).

He proves this from the fact that (many years earlier) the prophet prophesied (to Yeravam) that a son will be born to the house of David; Yoshiyahu will be his name. And Menasheh (Yoshiyahu’s grandfather) was not yet born (at the time of Chizkiyah’s illness). (Obviously, Chizkiyah’s original life span was not complete at this time.)

The Gemora asks: How do the Chachamim understand this prophecy?

The Gemora answers: The prophet did not say explicitly that Yoshiyahu will come from Chizkiyah; it was possible that he would come from some other descendant of King David. (49b – 50a)

WE SHALL RETURN TO YOU, HACHOLEITZ LIYIVIMTO

The Mishna states: (This Mishna is extremely technical and we have included explanations from the Kahati Mishnayos (with our editing) for the sake of clarity.)

{Explanation of the Mishna, lines 1 – 6}
Rabban Gamliel says, There is no validity for a get (bill of divorce) after a get, and no ma'amar after ma'amar, and no cohabitation after cohabitation, and no chalitzah after chalitzah. But the Chachamim say: There is validity for a get after a get, and there is ma'amar after ma'amar, but after cohabitation or after chalitzah there is no validity to anything.

In order to understand this chapter, it is first necessary to explain a number of principles, some of which have already been mentioned in the preceding chapters:

(1) By Torah law, the yevamah is married by yibum to the yavam, to be the wife in every respect, only by bi'ah, an act of cohabitation, as it is written, "her husband's brother shall go in [yavo] to her, and take her to him as a wife, and perform the duty of a husband's brother to her" (Deut. 25:5). The Sages, however, enacted that the yavam may not cohabitate with his yevamah until he marries her with money or a document, in the manner in which this is done for all other women. Such marriage with money or document is called "ma'amar." Ma'amar effects only a partial contract of marriage, involving its restrictions for the yevamah, as taught in the preceding chapters.

(2) The yevamah is released form her zikah (attachment to the yavam), and permitted to marry any man, only by chalitzah. If her yavam gave her a bill of divorce, the Sages enacted that the bill is restrictively effective as far as chalitzah is concerned, disqualifying her from yibum (for "since he did not build up, he may no longer build up"), prohibiting her co-wives to him and to the other brothers, prohibiting her relatives to him, and disqualifying her from marrying a Kohen, as is the law regarding a divorced woman, but she nevertheless is not permitted to marry another until he submits to chalitzah from her.

(3) If a yavam married his yevamah by ma'amar, but he does not want to consummate the marriage, he must give her a bill of divorce and also to submit to chalitzah from her: the bill of divorce -- in order to release her from the ma'amar marriage, and chalitzah -- in order to release her from the yibum tie, and to release her so that she may be married to another.

Rabban Gamliel says: There is no validity for a get (bill of divorce) after a get -- if two wives (e.g., Leah and Chanah) of a dead, childless man came before his brother for yibum, and he gave a bill of divorce to Leah, and afterwards he gave a bill of divorce to Chanah, the latter's bill of divorce is not valid, and he is not forbidden to marry her relatives. This is because when he gave a bill of divorce to Leah, he was released from the zikah-attachment to both of them (as stated in the introduction to the Mishna), for the bill of divorce is effective for the yevamah, by Rabbinic law, as a kind of chalitzah, to remove her from yibum and to prohibit her co-wives to him and to the other brothers (since a bill of divorce effects divorce for a married woman). And similarly, if two yevamim give each a bill of divorce to one yevamah, the bill of the second one is void, and he is permitted to marry her relatives.

And no ma'amar after ma'amar -- if one yavam married by ma'amar two yevamos from one brother who came before him for yibum, i.e., he married one of them and afterwards married the other; or if two yevamim married by ma'amar, one yevamah; the second ma'amar is void, and she does not require a bill of divorce from him to annul the ma'amar, and he is not forbidden to marry her relatives.

And no cohabitation after cohabitation -- if one yavam cohabited with two yevamos, or if two yevamim cohabited with one yevamah, the first act of cohabitation counts as yibum, and the second is an act of licentiousness; she does not require a bill of divorce as a result of this second cohabitation, and the second yavam is not forbidden to marry her relatives.

And no chalitzah after chalitzah -- if one yavam submitted to chalitzah from two yevamos, or if two yevamim submitted to chalitzah from one yevamah, the second chalitzah is void, and she is permitted to marry a Kohen, and he is permitted to marry her relatives.

But the Chachamim say: There is validity for a get after a get -- since the bill of divorce does not completely release the yevamah from her zikah-attachment, for she still requires chalitzah to be permitted to be married to another (as explained in the introduction to this Mishna), therefore the second bill of divorce is valid, and he is forbidden to marry her relatives.

And there is ma'amar after ma'amar -- as ma'amar does not constitute a complete contract of marriage with the yevamah as does consummation, but only a partial contract of marriage, therefore the second ma'amar is also valid and she requires a bill of divorce, and he is forbidden to marry her relatives.

But after cohabitation or after chalitzah there is no validity to anything -- as the consummation constitutes a complete contract of marriage for the yevamah, and chalitzah completely dissolves the zikah-attachment, whatever yavam does to the yevamah's co-wife after cohabitation, or after the chalitzah, or whatever another yavam does to this yevamah, has no legal significance. (50a)

{Explanation of the Mishna, lines 6 – 9}
The Mishna continues: How so? If he married his yevamah by ma'amar, and he gave her a bill of divorce -- she requires of him to submit to chalitzah. If he married by ma'amar and submitted to chalitzah -- she requires a bill of divorce from him. If he married by ma'amar and cohabited with her -- then this is according to the mitzvah.

How so -- is the law regarding the bill of divorce, ma'amar, etc., which was taught above? The Gemora explains that this "How so?" does not refer to the disagreement between Rabban Gamliel and the Chachamim taught above, but is an independent topic, and serves as an introduction to the next portion of the Mishna. Thus, this Mishna explains the law of ma'amar, bill of divorce, chalitzah and cohabitation where there is one yavam and one yevamah.

If he -- the yavam, married his yevamah by ma'amar -- he married her with money or a document, and afterwards he gave her a bill of divorce -- she requires of him chalitzah -- in order to release her from the yibum tie. He is prohibited, however, from wedding her as his yevamah because of the bill of divorce that he gave her.

If he married by ma'amar and submitted to chalitzah from his yevamah, she requires a bill of divorce from him -- to cancel his ma'amar marriage, since chalitzah does not dissolve the ma'amar, but only the yibum tie.

If he married by ma'amar and cohabited with her -- then this is according to the mitzvah -- although the Torah states, "her husband's brother shall go in to her" (Deut. 25:5), and (by Torah law) he is not required to wed her ceremonially first, the Sages nevertheless enacted that the yavam may not cohabit with a yevamah until he marries her by ma'amar. This yavam has indeed first fulfilled the obligation imposed by the Sages, and afterwards he performed yibum on her according to the command of the Torah. (50a)

{Explanation of the Mishna, lines 9 – 2 (50b)}
The Mishna continues: If he gave a bill of divorce, and he married by ma'amar -- she requires a bill of divorce and chalitzah. If he gave a bill of divorce and he cohabited with her -- she requires a bill of divorce and chalitzah. If he gave a bill of divorce, and he submitted to chalitzah – there is no validity to anything that follows chalitzah. If he submitted to chalitzah and then either married by ma'amar, or he gave a bill of divorce, or he cohabited with her; or if he first cohabited with her and then either married by ma'amar, or he gave a bill of divorce or he submitted to chalitzah – there is no validity to anything that follows chalitzah. It is all the same, whether one yevamah to one yavam, or two yevamos to one yavam.

If he first gave a bill of divorce -- to his yevamah, and afterwards he married -- her, by ma'amar, she requires a bill of divorce -- to cancel the ma'amar marriage, and chalitzah -- to dissolve her yibum tie, and he may not wed her as his yevamah after the ma'amar, because of the bill of divorce which he had given her initially.

If he gave a bill of divorce -- to his yevamah, and he afterwards cohabited -- with her, she is ineligible for yibum from the time that he gave her a bill of divorce and is prohibited to him, and the cohabitation with her after the bill of divorce is unlawful (but is akin to performing ma’amar), therefore she requires a bill of divorce -- because of the cohabitation, and chalitzah -- because of her tie to him.

If he gave a bill of divorce -- to his yevamah, and afterwards he submitted to chalitzah -- from her, there is no validity to anything that follows chalitzah -- and she is completely released. (The Gemora explains that this Mishna teaches that if afterwards he married her by ma'amar or by cohabitation, she does not require a bill of divorce, for this Mishna is according to Rabbi Akiva, who holds that a marriage involving a Torah prohibition punishable by lashes is void.)

If he submitted to chalitzah, and then either married by ma'amar -- after the chalitzah, or -- if after the chalitzah -- he gave a bill of divorce, or -- after the chalitzah, he cohabited with her; or if he first cohabited with her -- with his yevamah, and then either married by ma'amar -- after cohabitation, or he gave a bill of divorce -- after cohabitation, or he submitted to chalitzah -- after cohabitation, there is no validity to anything that follows chalitzah -- whatever he did after the chalitzah is of no legal significance. (The Mishna stated "there is no validity to anything that follows chalitzah," and did not also state "there is no validity to anything that follows cohabitation," in order to be concise, and it preferred to teach the law whereby the yevamah is freed to marry any man.

It -- the law, is all the same, whether one yevamah to one yavam, or two yevamos to one yavam -- whether one yevamah or two yevamos from one brother, who came before one yavam for yibum, something can effectively follow after the first bill of divorce or after the first marriage by ma'amar, but nothing can effectively follow after cohabitation or after chalitzah. (50a – 50b)

{Explanation of the Mishna, lines 2 – 10}
The Mishna explains the case of two Yevamos: How so? If he married this one by ma'amar, and that one by ma'amar, they require two bills of divorce and chalitzah. If he married this one by ma'amar and he gave a bill of divorce to that one -- she requires a bill of divorce and chalitzah. If he married this one by ma'amar, and cohabited with that one -- they require two bills of divorce and chalitzah. If he married this one by ma'amar, and he submitted to chalitzah from that one -- the first requires a bill of divorce. If he gave a bill of divorce to this one, and a bill of divorce to that one -- they require from him chalitzah. If he gave a bill of divorce to this one, and he cohabited with that one -- she requires a bill of divorce and chalitzah. If he gave a bill of divorce to this one, and ma'amar to that one -- she requires a bill of divorce and chalitzah. If he gave a bill of divorce to this one, and he submitted to chalitzah from that one -- there is no validity to anything that follows chalitzah.

How so -- is the law regarding two yevamos tied to one yavam? If he married this one by ma'amar, and afterwards that one -- the second one, they require two bills of divorce -- each one requires a bill of divorce, according to the opinion of the Sages before that ma'amar after ma'amar is effective, and one of them requires chalitzah -- and she exempts her co-wife.

If he married this one by ma'amar, and afterwards he gave a bill of divorce to that one -- the second one, she -- the one whom he married by ma'amar, requires a bill of divorce -- because once he gave a bill of divorce to the other one, she is prohibited to him, and one of them requires chalitzah -- and she exempts her co-wife.

If he married this one by ma'amar -- he married one of them, and afterwards cohabited with that one -- the other one, they require two bills of divorce -- one because of his ma'amar, and the other because of his cohabitation with her, and chalitzah -- from one of them. If he married this one by ma'amar -- one of them, and afterwards he submitted to chalitzah from that one -- the other, the first requires a bill of divorce -- to annul the marriage effected by his ma'amar.

If he gave a bill of divorce to this one, and a bill of divorce to that one -- if he gave a bill of divorce to each of them, they require from him chalitzah -- to dissolve their yibum tie (he submits to chalitzah from one of them and she exempts her co-wife). If he gave a bill of divorce to this one -- one of them, and afterwards he cohabited with that one -- the other, she -- the one with whom he cohabited with, requires a bill of divorce -- as the act of cohabitation was unlawful once he had given the bill of divorce to the first one, and one of them requires chalitzah -- and she exempts her co-wife.

If he gave a bill divorce to this one -- one of them, and afterwards was married by ma'amar to that one --- the other, she -- the one whom he married by ma'amar, requires a bill of divorce -- because of the ma'amar, and one of them requires chalitzah -- and she exempts her co-wife.

If he gave a bill of divorce to this one -- one of them, and afterwards he submitted to chalitzah from that one -- the other, there is no validity to anything that follows chalitzah -- and if he once again betrothed his chalutzah or her co-wife, the marriage is void, according to the opinion of Rabbi Akiva, who holds that a marriage involving a Torah prohibition punishable by lashes is void. (50b)

{Explanation of the Mishna, lines 10 – 14}
The Mishna continues: If he submitted to chalitzah and he submitted to chalitzah, or he submitted to chalitzah and he either married by ma'amar, or gave a bill of divorce or cohabited with her; or if he cohabited with her and he cohabited with her, or he cohabited with her and either he married by ma'amar, or he gave a bill of divorce or he submitted to chalitzah – there is no validity to anything which follows chalitzah, whether one yavam to two yevamos, or two yevamim to one yevamah.

The Mishna continues to discuss the case of two yevamos who were married to one brother and are tied to one yavam.

If he submitted to chalitzah -- from one, and afterwards he submitted to chalitzah -- from the other or he submitted to chalitzah -- from one, and afterwards he either married by ma'amar -- the other one, or if he gave a bill of divorce to, or he cohabited with her -- with, the second; or if he cohabited with her -- with one, and afterwards he cohabited with her -- with the other, or if he cohabited with her -- with one, and either married by ma'amar -- the other, or he gave a bill of divorce to, or he submitted to chalitzah -- from, the second one, there is no validity to anything which follows chalitzah -- i.e., whatever he did to the second one after he submitted to chalitzah from the first is of no legal significance, and he is permitted to marry the relatives of the second. And likewise, nothing follows the act of cohabitation, i.e., what he did to the second one after he cohabited with the first is of no legal significance, and he is permitted to marry the relatives of the second,

Whether one yavam to two yevamos, or two yevamim to one yevamah -- also in the case of two yevamim and one yevamah, if one of the yevamim married her by ma'amar, or gave her a bill of divorce, or submitted to chalitzah from her, or cohabited with her, and afterwards his fellow did one of these acts, the same laws apply to her, that there is no validity to anything which follows chalitzah and no validity to anything which follows cohabitation, whereas after ma'amar or a bill of divorce, she requires a bill of divorce and chalitzah or only chalitzah, as was explained regarding the case of one yavam and two yevamos. (50b)

{Explanation of the Mishna, lines 14 – 21}
The Mishna continues: (The Mishna repeats one of its earlier halachos, and qualifies it.) If he submitted to chalitzah and then either married by ma'amar, or he gave a bill of divorce, or he cohabited with her; or if he first cohabited with her and then either married by ma'amar, or he gave a bill of divorce or he submitted to chalitzah – there is no validity to anything that follows chalitzah. This would apply whether he submitted to chalitzah at the beginning, or in the middle, or at the end. However, regarding cohabitation, when it is at the beginning, there is no validity for anything which follows it, whereas if it was in the middle, or at the end -- there is validity to something which follows it. Rabbi Nechemia said: It is all one, cohabitation and chalitzah, whether at the beginning, or in the middle, or at the end -- there is no validity for anything which follows it.

The Mishna repeats a portion of the Mishna mentioned before in order to qualify it.

If he submitted to chalitzah, and then either married by ma'amar -- after the chalitzah, or -- if after the chalitzah -- he gave a bill of divorce, or -- after the chalitzah, he cohabited with her; or if he first cohabited with her -- with his yevamah, and then either married by ma'amar -- after cohabitation, or he gave a bill of divorce -- after cohabitation, or he submitted to chalitzah -- after cohabitation, there is no validity to anything that follows chalitzah -- whatever he did after the chalitzah is of no legal significance. This would apply whether he submitted to chalitzah at the beginning -- and afterwards married by ma'amar or gave a bill of divorce, or in the middle – e.g., he gave a bill of divorce, submitted to chalitzah, and married by ma'amar, the ma'amar after chalitzah is not valid at all, and she does not require a bill of divorce from his ma'amar, or at the end -- if he married by ma'amar and gave a bill of divorce, and afterwards he submitted to chalitzah, there is no validity for anything which follows chalitzah, and if he again married by ma'amar after the chalitzah, she does not require a bill of divorce, for the chalitzah releases her completely from her yibum tie.

However, regarding cohabitation, when it is at the beginning -- e.g., in the case of one yavam and two yevamos, he first cohabited with one, and afterwards married by ma'amar the other, there is no validity for anything which follows it -- for the yibum tie has already been entirely cut. Whereas if it was in the middle -- e.g., he gave a bill of divorce, cohabited, and married by ma'amar, or at the end -- e.g., he gave a bill of divorce, married by ma'amar, and cohabited, there is validity to something which follows it -- since unlawful cohabitation does not effect yibum and she is still tied to the yavam, she requires chalitzah.

Rabbi Nechemia said: It is all one whether cohabitation and -- or -- chalitzah, whether at the beginning, or in the middle, or at the end -- even if cohabitation followed the bill of divorce and ma'amar, there is no validity for anything which follows it -- and she goes forth with a bill of divorce without chalitzah. If he married by ma'amar after cohabitation, e.g., in the case of two yevamos, after he cohabited with one woman, he married the other by ma'amar, the ma'amar is not effective (Rashi; Bartenura). Other commentators state that even according to the opinion of Rabbi Nechemia, unlawful cohabitation does not completely cut the yibum tie, and she requires chalitzah, and the clause "there is no validity for anything which follows it" means that ma'amar is invalid after the act of cohabitation (Maharshal, Ramban). (50b)

[END]

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