POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Yevamos 3
YEVAMOS 3 & 4 - dedicated by Dr. Eli Turkel (of Raanana) and
family; may they be blessed with much Nachas from their
children and grandchildren.
1) ORDER OF THE MISHNAH
(a) Question: All the cases are learned through expounding!
2) THE EXEMPTION FROM YIBUM
(b) Answer: True, the law of Yibum (that relatives exempt the
Tzarah) was learned from expounding, but the prohibition
(even not in a situation of Yibum) of these relatives was
1. The prohibition of a daughter is only known through
(c) Question: If the Tana prefers what is learned by
expounding, the case of his wife's sister (for which the
law of Yibum is most explicit) should be taught last!
i. (Rava): We learn that a daughter is prohibited
through Gezerah Shavos "Henah-Henah" and
(d) Answer: Once the Tana started listing cases of sisters,
he also taught the wife's sister.
(e) Objection: If so, let him teach the cases of sisters at
(f) Answer #2 (To the question at the end of Daf 2B): Rather,
the Tana taught the closest relations first.
1. First he taught his daughter, daughter's daughter
and son's daughter, which are his own relatives;
2. Having taught 3 generations below himself, he then
teaches 3 generations below his wife.
3. Having taught 3 generations below his wife, he
teaches 3 generations above his wife.
4. He then teaches his sister and maternal aunt, which
are his own relatives.
5. Once he is dealing with sisters, he teaches the case
of his wife's sister.
i. It would have been proper to teach his
daughter-in-law before the case of the wife of
a brother who died before Shimon was born,
since this prohibition is not because of her
close relation to Shimon.
ii. Once the Tana was listing fraternal
prohibitions, he included the wife of a brother
who died before Shimon was born.
(a) Question: Why did the Tana say, she *exempts* her Tzaros
from Yibum and Chalitzah - she prohibits them!
3) CASES EXCLUDED FROM THE MISHNAH
(b) Answer #1: If he said that she prohibits Yibum, we would
think that Chalitzah is required.
1. Question: Let him say, she (also) prohibits
(c) Answer #2: Since the Tzarah is only prohibited by a case
of Yibum, but is permitted when there is no Mitzvah, we
taught 'she exempts'.
2. Counter-question: What is wrong with doing Chalitzah
(even if it is not needed)?!
3. Answer:: It is reasonable to prohibit unnecessary
Chalitzah - if Chalitzah is allowed, people will
come to do Yibum!
(d) Question: Why must it say, she exempts from Chalitzah and
Yibum - it suffices to say, she exempts from Yibum!
(e) Answer: If so, we would have thought that she *does* do
1. Rather, we learn, all that may do Yibum, do
Chalitzah (if not Yibum); all that may not do Yibum,
do not do Chalitzah.
(f) Question: Let the Mishnah say, she exempts from Yibum and
Chalitzah (since Yibum is the main Mitzvah, it should be
listed first); or, just say, she exempts from Chalitzah
(and obviously, from Yibum)!
(g) Answer: The Mishnah is as Aba Shaul, who says that
Chalitzah is preferable to Yibum.
(a) Question: Twice, the Mishnah says there are 15 cases -
what other possibilities does it come to exclude?
(b) Answer: It excludes the cases of Rav and Rav Asi (Daf
4) SOURCE OF THE LAW OF THE MISHNAH
(c) Question: According to Rav and Rav Asi, what do the 2
(d) Answer: If each agrees to the law of his colleague, they
exclude the Tzarah of a girl that does Mi'un, and the
Tzarah of a divorced woman that (improperly) remarried
her husband after having been married to someone else.
1. If Rav and Rav Asi argue on each other, one count
excludes the case of his colleague; the other count
excludes one of the 2 cases above (d).
(e) Question: According to Rav and Rav Asi, why didn't the
Mishnah list their cases?
(f) Answer: Because the Tzarah of a Tzarah does not apply in
(a) Question: What is the source of the law of the Mishnah?
5) A POSITIVE MITZVAH OVERRIDES A NEGATIVE MITZVAH
(b) Answer #1 (Beraisa): "Do not marry a woman Litzror (to be
a Tzarah) to her sister, to have relations with her Aleha
in her lifetime".
(c) Question: What do we learn from *Aleha*?
(d) Answer: It says by Yibum, her Yavam (brother-in-law) will
have relations Aleha. One might have thought, this
applies even she is his relative (in addition to being
his brother's wife).
1. A Gezerah Shaveh teaches that both verses speak in a
case of Yibum; we learn that when they are
relatives, he may not marry her.
(e) Question: This teaches that Yibum with a relative is
forbidden. How do we know that Yibum with her Tzarah is
(f) Answer: The verse says Litzror.
(g) Question: How do we know that the Tzarah of the Tzarah is
(h) Answer: The verse says Litzror and not Latzor.
(i) Question: This teaches when the Yevamah (the widow
standing to do Yibum) is the sister of the wife of the
Yavam. How do we know that this applies to other
(j) Answer: One's wife's sister is a forbidden relative, for
which relations are punishable by Kares (when they
intended to sin) and Chatas (when they sinned
unintentionally); she may not do Yibum - all such
forbidden relatives may not do Yibum.
(k) Question: This teaches that the relatives may not do
Yibum - how do we know that their Tzaros may not do
(l) Answer: One's wife's sister is a forbidden relative, for
which relations are punishable by Kares/Chatas, she and
her Tzarah may not do Yibum - all such forbidden
relatives, she and the Tzarah may not do Yibum.
(m) This is the source that the 15 cases of the Mishnah
exempt the Tzaros, Tzaros of the Tzaros, ad infinitum
from Chalitzah and Yibum.
(n) Question: Perhaps the 6 cases (of the Mishnah 13A) which
are more stringent should also exempt the Tzaros?
(o) Answer: No - the wife's sister can marry a Yavam; we do
not learn to the 6 stricter cases in which she cannot
marry a Yavam.
1. This is because the law of a Tzarah only applies to
co-wives of a brother.
(p) Question: This only teaches that Yibum may not be done.
Where do we know the punishment if they do Yibum?
(q) Answer: "All that do any of these abominations ... (will
(a) The Torah had to write Aleha to prohibit Yibum with his
wife's sister - otherwise, we would say that they do
1. The reason is, a positive Mitzvah overrides a
(b) Question #1: This only applies to a plain negative
1. Do we say this even by a negative Mitzvah punishable
(c) Question #2: What is the source that a positive Mitzvah
overrides a plain negative Mitzvah?