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Previous daf Yevamos 53
YEVAMOS 46-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 1] YESH ZIKAH
See Background to Yevamos 51:1
3) [line 13] TENAI KAFUL (The two-sided conditional statement)
(a) It is possible to make a condition in all Kinyanim (acquisitions; the
word Kinyan connotes a change of ownership or status, such as sales, gifts,
Gitin and Kidushin) such that the Kinyan will not take effect unless one or
both of the parties involved fulfill the specified condition. However, the
Torah established that not all conditional statements are valid. Rather, the
wording of the conditional statement must follow a specific formulation
(b) According to those who rule that a Tenai Kaful is required, it must be
double-sided ("Tenai Kaful"; i.e. both the positive and the negative sides
of the condition must be explicitly stated) and the positive side must
precede the negative side. For example, "If you do such and such, the Kinyan
will take effect; *and if not, the Kinyan will not take effect.* (There is a
Tana who argues, ibid., and does not require that a conditional statement be
double-sided, since the inverse may be inferred from the first half of the
statement -- mi'Clal Hen Atah Shome'a Lav.) Another requirement is that
statement of the condition must precede the statement of the action.
(c) The format for conditional statements is learned from the condition that
Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They
received portions in the land of Ever ha'Yarden (modern-day Jordan) on
condition that they fight alongside the other tribes in the wars of conquest
of Eretz Yisrael proper (Kidushin 61a).
(d) There are Rishonim who write that even according to the opinion that a
double-sided statement is necessary, it is not necessary under all
1. According to some, if the words "Al Menas" ("on the condition that...")
are included in the words of the conditional statement, it is considered as
if the statement is double-sided, and the second side need not be stated
explicitly (RAMBAM Hilchos Ishus 6:17).
(e) Even if the wording of the conditional statement is properly formulated,
there are still certain instances in which a Tenai will not work. For
example, the condition and the action cannot affect the same subject
("Tenai u'Ma'aseh b'Davar Echad," Gitin 75a); the condition must be
physically possible to perform (ibid. 84a); and the condition must not be
dependent upon the concept of Bereirah (according to the opinion that rules
Ein Bereirah -- Gitin 25b, see Background to Beitzah 37:9).
2. There are those who are of the opinion that the rules governing the
working of a Tenai only apply to Gitin and Kidushin, but not to sales and
gifts (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
(f) If the Tenai is not formulated properly, or if it does not fulfill one
of the above points, the Tenai is not valid and the action (that is the
Kinyan) takes effect even if the parties do not fulfill the specified
conditions. That is, the Tenai is disregarded.
4) [line 29] CHALITZAH PESULAH TZERICHAH L'CHAZER AL KOL HA'ACHIN
See Background to Yevamos 51:2
5) [line 38] KULAH BEISA B'LAV KAI
According to Rebbi Yochanan, after one brother performs Chalitzah, all of
his dead brother's wives are forbidden to him and the other brothers by the
Lav of "Lo Yivneh Es Beis Achiv" - "He shall not build his brother's house"
(Devarim 25:9). The original Lav and Kares that prohibit one's brother's
wife, "Ervas Eshes Achicha Lo Segaleh," (Vayikra 18:16) is removed.
According to Reish Lakish, this Lav only applies to the Choletz and the
Chalutzah. The original Lav and Kares still prohibit all of the dead
brother's other wives to the Choletz, and all of the wives to the other
brothers (Yevamos 10b).
*****PEREK #6 HA'BA AL YEVIMTO*****
7) [line 36] NESINAH (THE NESINIM)
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom
the Jewish People were commanded to destroy upon entering Eretz Yisrael)
came and presented themselves before Yehoshua as if they came from a far-off
land. Since they claimed not to be residents of Eretz Yisrael, they
requested to be converted and to make peace with the Jewish People. After
Yehoshua agreed to accept them, it was discovered that they were one of the
seven prohibited nations. Having already accepted them, Yehoshua did not
want to break his oath and covenant with them (even though they tricked him
and the oath was uttered in error) so as not to cause a Chilul HaSh-m.
Yehoshua accepted them and appointed them to be woodchoppers and water
drawers to supply the needs for the sacrificial service on the Mizbe'ach
(Yehoshua 9:3-27). In the times of Moshe Rabeinu Giv'onim also came to be
converted as they did in the times of Yehoshua, and Moshe also made them
woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These
people became known as "Nesinim," (from the root "Nasan," to give) since
they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he
appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood
and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just
like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to
whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the
Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the
Nesinim of his generation, and Yehoshua extended the "decree" to last as
long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later
extended the "decree" to include all time, even if the Beis ha'Mikdash would
be destroyed (because of the trait of cruelty that the Nesinim exhibited,
which showed that they were not worthy of uniting with the descendants of
Avraham, Yitzchak and Yakov). According to Rashi, these decrees were
prohibitions against marriage, and as such the prohibition against marrying
Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were
appointments of servitude. The prohibition against marrying them, though, is
mid'Oraisa, since the Torah commands against marrying the seven prohibited
nations even if they convert to Judaism (Yevamos 76a).