POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Yevamos 31
YEVAMOS 31 - has been dedicated towards a Refu'ah Shelemah to Yakov ben
Chana, by the Tavin family.
1) SAFEK ENGAGEMENT AND DIVORCE
(a) Answer: Since we require the Tzarah to do Chalitzah,
people realize that this is only a stringency, and will
1. Suggestion: By divorce also, we should teach the
case (when we don't know to whom the Get was closer)
and require Chalitzah, so people will know, this is
only a stringency!
(b) Question (Abaye - Mishnah): The house fell on him and his
brother's daughter (one of his wives); we do not know
which died first. The Tzarah does Chalitzah, not Yibum.
2. Objection: If we say that Chalitzah is required,
people will come to do Yibum!
3. Counter-objection: Also by Safek engagement, say
that by requiring Chalitzah, people will come to do
4. Answer: There is no problem if they do Yibum - the
Chazakah says that Yibum is permitted!
1. We should say, Chazakah says that the Tzarah is
exempt from Yibum and Chalitzah!
(c) Answer #1: Divorce is common, Chachamim decreed not to do
Chalitzah, lest people come to do Yibum; a house falling
down is uncommon, no decree was made.
2. If you will say that Chalitzah is just a stringency
- this will lead to a leniency!
i. If we say that Chalitzah is required, people
will come to do Yibum!
(d) Answer #2: By divorced, the Ervah is around, and people
will think that Chachamim clarified the matter, and saw
that the divorce was valid, and will do Yibum on the
1. By the falling house, no one will think that
Chachamim clarified which dies first!
(e) Question: Regarding divorce, a Mishnah teaches, 'She was
standing in a public domain, and he threw a Get to her.
If it is closer to her, she is divorced; closer to him,
she is not divorced; in the middle, she is divorced and
1. 'Divorced and not divorced' means that if he is a
Kohen, she is forbidden to him; if she is Ervah, her
Tzarah must do Chalitzah!
(f) Answer (Rabah): The case is, there are 2 pairs of
witnesses. One pair says the Get was closer to her, 1
pair says it was closer to him.
i. We do not say, if we require Chalitzah, people
will come to do Yibum!
1. This case is a mid'Oraisa Safek; in our Mishnah,
there is only 1 pair of witnesses, the Safek is
(g) Question: How do we know that in our Mishnah, there is
only 1 pair?
(h) Answer: Just as there is only 1 pair regarding
engagement, also by divorce.
(i) Question: How do we know that by engagement, there is
only 1 pair - perhaps there are 2!
(j) Answer: If there are 2 pairs, there is no reason not to
(k) Objection #1: 2 witnesses say that the money is closer to
her - how can you say there is no reason not to do
(l) Objection #2: When there are 2 pairs of witnesses, the
Safek is also Rabbinic!
1. By Torah law, the pairs of witnesses cancel each
other, and we leave her on her Chazakah (she is not
engaged, and the Tzarah may do Yibum).
2. An example is the property of Bar Shatya (a man who
alternated between sanity and insanity).
i. Bar Shatya sold property. 2 witnesses came and
said that he was sane when he sold; 2 say that
he was insane when he sold.
ii. (Rav Ashi): The witnesses cancel each other,
the property remains in the Chazakah of Bar
(m) Answer #2 (To question 4:d, Daf 30B - Abaye): The
neighboring case reveals about it.
2) A DOCUMENT OF ENGAGEMENT DOES NOT NEED A DATE
1. The case taught by engagement also applies to
divorce; the cases taught by divorce also apply to
(n) Objection (Rava): If so, what does 'This is (the case)'
come to exclude?
(o) Answer #3 (Rava): The case of engagement also applies to
divorce; there is a case by divorce which does not apply
1. 'This is' which was also taught by divorce, doesn't
exclude anything - it was taught on account of 'This
is' by engagement.
(a) Question: What does 'This is' by engagement exclude?
3) A YEVAMAH THAT FALLS FROM 2 BROTHERS
(b) Answer: The date.
(c) Question: Why didn't Chachamim enact that a document of
engagement needs a date?
1. We understand according to the opinion that the date
on a Get is to clarify from when the husband lost
his right to eat the fruits of her property - a
husband does not eat the fruit of his engaged wife's
property, there is no need for the date!
(d) Answer #1: Because some people engage with money, and
some with marital relations (where we cannot enact a
date), we did not enact for a document either.
2. According to the opinion that the date on a Get is
to prevent a husband from saving his wife from
execution if she had adultery (by giving her a Get
without a date), such as his sister's daughter, on
whom he has compassion - the same concern exists by
1. Question (Rav Acha): But a date was enacted for a
deed of sale of a slave, even though some people buy
with money, and some with a deed!
(e) Answer #2: We didn't enact a date on a document of
engagement, since it would not prevent the husband from
saving his wife.
2. Answer: Most people buy slaves with a deed; most
people engage women with money.
1. Suggestion #1: If we would leave the document by her
- she will erase the date!
(f) Question: If so, we should say the same by divorce!
2. Suggestion #2: If we leave it by the husband - when
he has compassion on her, e.g. his sister's
daughter, he will cover up for her!
3. Suggestion #3: We leave it by the witnesses.
4. Objection: If they remember the date - they do not
need the document!
i. If they do not remember the date - they may
testify based on what they see written, and the
Torah said, testimony must be "From their
mouths", not from what they wrote!
(g) Answer: There, the Get saves her (and she would not erase
the date); here, the document condemns her!
(a) (Mishnah): 3 brothers are married to unrelated women. One
man died; a brother gave a Ma'amar to the Yevamah, then
he died. Both Yevamos do Chalitzah, not Yibum;
1. "And one of them dies" - that she has Zikah from 1
brother, not from 2.
(b) R. Shimon says, the Yavam may do Yibum with whichever he
wants, and Chalitzah to the other.
(c) (Gemara) Question: If the prohibition of Zikah from 2
brothers is mid'Oraisa, Chalitzah should not be required!
(d) Answer: It is only mid'Rabanan, lest people say that when
2 Yevamos fall from 1 brother, both may do Yibum.
(e) Question: We should say, 1 does Yibum, the other,
(f) Answer: We decreed not to, lest people say that some
Yevamos from a brother do Yibum, others, Chalitzah.