ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Nedarim 74
(a) 'Shomeres Yavam Bein le'Yavam Echad Bein le'Sh'nei Yevamin, Rebbi
Eliezer Omer - Yafer.
1. ... Rebbi Yehoshua Omer, le'Echad, Aval Lo li'Shenayim', because he holds
(b) The basis of the Machlokes between Rebbi Yehoshua and Rebbi Akiva is -
whether we say 'Yesh Zikah' (Rebbi Akiva) or 'Ein Zikah' (Rebbi Akiva).
2. ... Rebbi Akiva Omer, Lo le'Echad, ve'Lo li'Shenayim'.
(a) Rebbi Eliezer proves that a Yavam should be able to annul the Shomeres
Yavam's Nedarim - because if an Arus can annul the Nedarim of his Arusah,
whom he acquired of his own volition, then how much more so should a Yavam
be able to annul the Nedarim of the Shomeres Yavam whom he received as a
(b) To counter Rebbi Eliezer's 'Kal va'Chomer - Rebbi Akiva argues - that a
man can annul the Nedarim of a woman whom he betrothed, because he acquires
her exclusively; but how can one of two Yevamin annul the Shomeres Yavam's
Nedarim, seeing as he must share jurisdiction over her with his brother?
(c) When Rebbi Yehoshua remarked that Rebbi Akiva's argument only pertained
to the case of two Yevamin, but not to that of one - Rebbi Akiva replied
that in any case, a Yavam does not acquire the Yevamah to the same degree as
an Arus acquires an Arusah (as will be explained later).
(a) We have already explained that Rebbi Yehoshua holds 'Yesh Zikah'. He
learn from the Pasuk "Iyshah Yekimenu, ve'Iyshah Yefeirenu" - that, when
there is more than one Yavam, one needs to know on which one the Zikah falls
before he will be permitted to annul the Shomeres Yavam's Nedarim ('Ein
B'reirah' - though it is unclear as to why he requires a special Pasuk for
(b) Rebbi Eliezer permits even one of two Yevamin to annul the Yevamah's
Nedarim, explains Rav (or Rebbi) Ami - only if he performed Ma'amar (the
Kidushin de'Rabbanan of a Yavam and Yevamah) with her.
(c) Having established that Rebbi Eliezer speaks when the Arus performed
Ma'amar, he dispenses with the Zikah of the second Yevamah - because he
holds like Beis Shamai, who hold that Ma'amar acquires completely. (If he
considers Ma'amar like marriage, then the Yavam will be able to annul her
Nedarim on his own.
(d) Rebbi Yehoshua too, we explained earlier, holds 'Yesh Zikah'.
According to him - Zikah might also have the status of marriage, or it might
have the status of betrothal (in which case, the Yavam will only be able to
annul the Shomeres Yavam's Nedarim in conjunction with her father). The
truth of the matter is that this possibility exists according to Rebbi
Eliezer, as well.
(a) Rebbi Yehoshua might now hold that a single Yavam can annul the Nedarim
of the Shomeres Yavam for one of two reasons - either because he holds 'Yesh
Zikah' or because he agrees with Rebbi Eliezer (that our Mishnah speaks when
he performed Ma'amar and that Ma'amar acquires).
(b) Assuming that he concedes that Ma'amar acquires, he will still disagree
with Rebbi Eliezer when there are two Yevamin - because the fact that the
other Yavam can still forbid the Shomeres Yavam on him by giving her a Get
or by having relations with her proves that the Kinyan of Ma'amar is not
(c) Rebbi Akiva holds 'Ein Zikah'. If there was no Zikah at all, then the
Yevamah could not marry somebody else - so what he really must mean is that
there is Zikah, but that it does not render the Yevamah even like an Arusah.
(a) Rebbi Elazar (ben Pedas - the Amora) maintains that Ma'amar according to
Beis Shamai, is restricted. It only acquires, he says - to push away the
Tzarah (but not as regards annulling her Nedarim).
(b) So we establish Rebbi Eliezer like Rav Pinchas mi'Shemei de'Rava - who
says that when a woman declares a Neder, she does so on the condition that
her husband agrees (and by husband, we mean from the moment he becomes
obligated to feed her, as we learned earlier according to Rebbi Eliezer).
(c) A Yavam become obligated to feed the Shomeres Yavam - should he run
away, in which Beis-Din will obligate him to do so.
(d) This explanation is not plausible according to Rebbi Yehoshua however -
because the Rabbanan in the previous Mishnah argue with Rebbi Eliezer (and
maintained that only a married woman declares Nedarim on condition that her
husband agrees - not one who is only being fed by her Arusah), and the
Rabbanan of Rebbi Eliezer is usually Rebbi Yehoshua.
(a) We might establish the previous explanation even according to Rebbi
Yehoshua - by establishing the Rabbanan who argue with Rebbi Eliezer in the
previous Mishnah as being another Tana (even though this may be unusual),
whereas Rebbi Yehoshua actually holds like Rebbi Eliezer in this instance.
Or we might answer - that Rebbi Yehoshua holds 'Yesh Zikah' and that Zikah
gives the Shomeres Yavam the status of marriage.
(b) They nevertheless argue by two Yevamin. The basis of their Machlokes,
according to ...
1. ... the second answer is - whether 'Yesh Zikah' applies even when there
are two Yevamin (Rebbi Eliezer), or not (Rebbi Yehoshua).
2. ... the first answer is - that according to Rebbi Eliezer, the Yevamah
declares the Shomeres Yavam's Nedarim on the condition that the Yavam (who
ran away and became obligated to feed her) agrees, despite the fact that
there is a second Yavam; whereas Rebbi Yehoshua maintains that the Yavam is
not sufficiently close for us to apply that S'vara when there is another
(a) Rebbi Eliezer is indeed speaking when the Yavam performed Ma'amar.
Nevertheless, he bases his argument (in our Mishnah) on the fact that a
woman is acquired to the Yavam from heaven (despite the fact that it is the
Yavam who acquired her with a Kinyan) - because the Yavam performed Ma'amar
only after the Shomeres YAvam fell to him (as a heaven-sent gift) following
her husband's death.
(b) Rabah asked whether Ma'amar according to Beis Shamai, has the status of
Eirusin or Nisu'in. We cannot resolve from Rebbi Eliezer in our Mishnah
(from the fact that he says 'Yafer', but does not mention the father that it
has the status of Nisu'in) - because (in spite of the singular form) 'Yafer'
can mean in partnership with the father.
(c) The other ramifications of Rabah's She'eilah are - whether Chupah is
required before the Yavam can inherit the Shomeres Yavam and before he
becomes obligated to bury her in the event of her death (even if he is a
(a) Rebbi Eliezer's 'Kal va'Chomer' (Yavam from Ishah) in our Mishnah cannot
extend beyond annulling the Nedarim together with the father (like an Arus),
and indeed, Rebbi Akiva specifically equates a Shomeres Yavam with an Arusah
(see concluding words of the Mishnah). Nevertheless, we can suggest that,
according to Rebbi Eliezer, 'Ma'amar Nisu'in Oseh' - because that might be
his personal opinion. What he then said to Rebbi Akiva is that, granted
there is no proof that it makes Nisu'in, let him at least admit that it
makes Eirusin, and that the Yavam can annul the Shomeres Yavam's Nedarim in
conjunction with her father (which Rebbi Akiva declined to concede).
(b) We answer 'Mai Yafer, Yafer be'Shutfus', as we explained above. We do
not query this answer on the basis that, when all's said and done, the Tana
says 'Yafer' and not 'Yafeiru' (like we do in Yevamos) - because here
(unlike there, where we asked the Kashya before having established that the
Yavam ran away), we have already established that he did and that he is
therefore obligated to feed her, in which case it is clear that 'Yafer'
means in conjunction with the father (in spite of the singular form used).
(a) In a Beraisa which proves Rav Ami (who established Rebbi Eliezer when
the Yavam performed Ma'amar), the Tana elaborates on the three opinions in
our Mishnah. When Rebbi Eliezer talks about 'mi'she'Ba'as li'Reshuso' - he
(b) We prove Rav Ami's explanation of Rebbi Eliezer (that the Yavam
performed Ma'amar) from the statement of Rebbi Akiva 'Bein she'Asah Bah
Ma'amar, Bein she'Lo Asah Bah Ma'amar' (from which we can infer that Rebbi
Akiva heard Rebbi Eliezer establish the case by Asah Bah Ma'amar). We might
also prove it from the Lashon of Rebbi Eliezer 'mi'she'Nichnesah li'Reshuso,
Eino Din she'Tigamer Lo' - because if the Yavam did not perform Ma'amar,
then what else can 'ad she'Tigamer Lo' possibly mean?
(c) Rava explains 'u'ke'Sha'ar Devarim' in the statement of Rebbi Akiva
('u'ke'Sha'ar Devarim Kein Nedarim') to mean - that a Shomeres Yavam does
not receive Sekilah like an Arusah does.
(d) Rav Ashi proves Rava's explanation from Rebbi Akiva in our Mishnah 'Ein
Yevamah Gemurah le'Iyshah ke'Shem she'Arusah Gemurah le'Iyshah', who
clearly, means to say the same thing.
(a) Following the opinions of the three Tana'im in our Mishnah - Ben Azai
commented what a pity it was that he had not served Rebbi Akiva (adopted him
as his Rebbe).
(b) Ben Azai's comment is one good reason to rule like Rebbi Akiva. The
other is - the fact that he had the last word vis-a-vis both of Rebbi
Eliezer and Rebbi Yehoshua.