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 28
YEVAMOS 28 (19 Teves) - dedicated to the memory of Hagaon Rav Yisrael
Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad
Yisrael (on Rambam) and many other Sefarim. Sponsored by his son, Reb
Chananel Benayahu Krieger Krieger (Yerushalayim).
1) CAN WE EXPLAIN OUR MISHNAH?
(a) Rejection: The Mishnah says, they do Chalitzah -
2) THE OPINIONS IN THE MISHNAH
(b) Suggestion: Say that a decree was made, lest one do
Chalitzah on the 1st one first!
(c) Rejection: It says, she does not do Yibum - there is no
way to do Yibum.
(d) Suggestion: Say that the Mishnah is a decree, lest the
brother that does not do Yibum dies, and it is forbidden
to uproot the Mitzvah of Yibum!
(e) Rejection: R. Yochanan says that we do not decree because
we are concerned that one may die.
(f) Suggestion: Say that the Mishnah is as R. Eliezer, who
says that once a Yevamah became forbidden, she remains
(g) Rejection: Since R. Eliezer is mentioned at the end of
the Mishnah, he is not the Tana of the beginning.
(h) Suggestion: Say that they fell simultaneously, as R. Yosi
ha'Galili, who says that events can happen exactly at the
(i) Rejection: We do not have an anonymous Mishnah as R. Yosi
(j) Suggestion: Say that we do not know which fell first to
(k) Rejection: If so, why does it say, if they both did
Yibum, they must divorce their wives?!
1. We understand why the first to do Yibum must divorce
his wife - she was forbidden to him.
(l) This is why R. Yochanan said that he did not know who
authored our Mishnah.
2. Why must the 2nd divorce his wife?
i. He can say - my brother did Yibum on the 2nd -
I did Yibum on the 1st!
(m) (Mishnah): If one sister was Ervah on a Yavam (Reuven),
he is forbidden to her, and permitted to marry her
sister; the other brother is forbidden to both.
1. We are thinking that Reuven's mother-in-law (i.e.
the sister that is Ervah to him) fell first.
(n) Question: Let Reuven do Yibum on her sister - his
mother-in-law will then be a Yevamah that was permitted
(to the other Yavam), forbidden, and again permitted!
(o) Answer (Rav Papa): The other sister fell first.
(a) (Mishnah): R. Eliezer says, Beis Shamai ...
3) WHAT EACH CLAUSE TEACHES
(b) (Beraisa - R. Eliezer): Beis Shamai says, they may remain
married; Beis Hillel says, the may not;
(c) R. Shimon says, they may remain married;
(d) Aba Sha'ul says, this was a leniency of Beis Hillel -
Beis Shamai said that they may not remain married, Beis
Hillel said that they may.
(e) Question: Whose opinion does R. Shimon express?
1. If he says how Beis Shamai holds - he is as R.
(f) Answer: He says that Beis Shamai and Beis Hillel did not
argue on this.
2. If he says how Beis Hillel holds - he is as Aba
(a) (Mishnah): If one of them was forbidden ...
(b) Question: But we learned this in a previous Mishnah!
1. (Mishnah): A woman that falls to Yibum with her
sister (who is Ervah to the Yavam) does Chalitzah or
(c) Answer: Both Mishnayos are needed.
1. In that Mishnah, there is only 1 Yavam; here, one
might think that we forbid Yibum, lest his brother
do Yibum (which is forbidden, since neither are
Ervah to him).
(d) (Mishnah): If 1 was forbidden because of Mitzvah ...
2. In our Mishnah, his brother must do Chalitzah, so
people see that the sister of a Zekukah (a Yevamah
awaiting Yibum) is forbidden; this does not apply
there - one might think, there we forbid Yibum, lest
people think that the sister of a Zekukah is
(e) Question: We already learned this in a Mishnah!
4) SISTERS THAT FALL TOGETHER TO YIBUM
1. (Mishnah): If she is forbidden because of Mitzvah or
Kedushah - she does Chalitzah, not Yibum.
(f) Answer: There, she fell alone to Yibum; here, her sister
also fell to Yibum.
1. One might think that the prohibition of Mitzvah
should count as Ervah, to allow her sister to do
Yibum - we see, this is not so.
(g) (Mishnah): If one sister was Ervah to one Yavam, and the
other was Ervah to the other, each Yavam may do Yibum on
the Yevamah that is not Ervah to him.
2. Question: Why not?
3. Answer: Since according to the Torah, she does fall
to Yibum, her sister is the sister of a Zekukah, and
(h) Question: We already learned this in our Mishnah - what
difference does it make, if one or both are Ervah on a
(i) Answer: If we only heard the law when only 1 is Ervah -
we would think, only there Yibum is allowed, since the
other Yevamah must do Chalitzah, people see that the
sister of a Zekukah is forbidden; (here, we would decree
not to do Yibum, lest people think that she is
1. If we only heard the law when both are Ervah - we
would think, only there Yibum is allowed, since each
Yavam is forbidden to a Yevamah, people realize that
Ervah removes the problem of the sister of a
Zekukah; there, we would decree not to do Yibum.
(j) (Mishnah): *This* is the case, the sister (of Ervah) that
also falls to Yibum, may do Chalitzah or Yibum.
(k) Question: What does this come to exclude?
(l) Answer: When each sister is forbidden because of Mitzvah
on a different Yavam.
(m) Question: What do we learn here, that we do not know from
the case when one Yevamah has a prohibition of Mitzvah on
(n) Answer: We might have thought, there we do not consider
the prohibition as Ervah, because the other Yevamah might
do Yibum (improperly, since she is the sister of a
Zekukah); here, each prohibition of Mitzvah would be
considered as Ervah, and each may do Yibum with the other
1. The Mishnah teaches that this is not so.
(a) (Rav Yehudah citing Rav): In all cases (of the Mishnah on
Daf 2A), we can find that the Yevamah forbidden to one
brother is permitted to the other; and when they are
sisters (from different brothers), they do Chalitzah or
5) (Mishnah): If one is forbidden because of Mitzvah or Kedushah ...
1. Rav Yehudah himself says this applies to the cases
starting with his mother-in-law.
(b) Abaye says that even the case of his daughter is included
- even if it cannot be found through marriage.
i. He does not apply this to the first 6 cases,
since the case of his daughter is only found
through rape, not through marriage - the Tana
does not deal with such cases.
1. Abaye excludes the case of the wife of a brother
that died before the Yavam was born, since it is
only found according to R. Shimon.
(c) Rav Safra learns that even this case is included - it is
found with 6 brothers, according to R. Shimon.
i. The Tana does not deal with cases subject to
1. The way to remember how it is found - 'Died, was
born, did Yibum; died, was born, did Yibum'.
(d) Reuven's widow is forbidden to Yisachar; Shimon's widow
is forbidden to Zevulun; they are sisters.
2. Reuven and Shimon were married to 2 sisters; Levi
and Yehudah were married to 2 unrelated women.
Reuven died, Yisachar was born, Levi did Yibum;
Shimon died, Zevulun was born, Yehudah did Yibum.
3. Levi and Yehudah died without children.
(e) Question: This is true even if Yehudah didn't do Yibum!
(f) Answer: We mentioned that Yehudah did Yibum, to have the
case that each Tzarah is permitted to a different
(g) Question: We see that the case is found applying to a
Tzarah - how can we find, the Tzarah of a Tzarah?
(h) Answer: Later, Gad and Asher (other brothers) did Yibum
with the Tzaros.
(i) (Mishnah): 3 brothers, 2 are married to sisters, or a
woman and her daughter, or a woman and her daughter's
daughter or son's daughter; (if the brothers die), the
Yevamos do Chalitzah and not Yibum;
(j) R. Shimon says that there is no need for Chalitzah;
(k) If one of the sisters was forbidden to a Yavam because of
Ervah, he is forbidden to her and permitted to her
(l) If one of the sisters was forbidden to a Yavam because of
Mitzvah or Kedushah, they do Chalitzah, not Yibum.
(m) (Gemara - Beraisa): R. Shimon exempts from Yibum and
Chalitzah - "Do not marry a woman with her sister to be
rivals" - when they are rivals to each other (both fell
to Yibum to the same brother), you cannot marry even one
(n) (Mishnah): If one of them was forbidden because of Ervah,
(o) Question: We already learned this!
(p) Answer: We need to hear R. Shimon's opinion.
1. One might have thought, since R. Shimon says that
sisters (who are not Ervah on either Yavam) do not
do Chalitzah or Yibum (since the sister of a Zekukah
is itself like Ervah), we should decree when 1 is
Ervah to a brother on account of when neither is
Ervah to a brother.