Wednesday, August 08, 2007

AUNT AND HIS FATHER’S YEVAMAH

It is written [Devarim 23:1]: A man shall not take his father's wife, and he shall not uncover his father's robe. The Torah is referring to a woman awaiting yibum by his father; and the meaning of his father's robe is: He shall not uncover the robe which is designated for his father.

The Gemora asks: Why is this verse necessary; this woman is prohibited regardless, from the fact that she is his aunt?

The Gemora answers: The verse is necessary to make him liable for two transgressions.

The Aruch Lener asks on this from the principle that one prohibition cannot take effect upon another prohibition. The father’s brother’s wife was initially forbidden to the son on account of being an aunt; how can the second prohibition of the father’s yevamah take effect?

The Yashreish Yaakov answers that this is an exception to the rule derived from this verse that the second prohibition can in fact take effect, and the son will be liable for both prohibitions.

The Aruch Lener answers that the Gemora does not mean to say that the son will be liable for two prohibitions and he will incur lashes twice. Rather, the Gemora means that he will have violated two transgressions and when he dies, he will be buried among the truly wicked (like the Gemora above 32a stated).

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