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 41
YEVAMOS 41 (3 Shevat) - has been dedicated by Zvi and Tamarah Sand
of Har Nof, Yerushalayim, in memory of Tamarah's grandfather,
Chanan (ben Chaim) Bromberg, on his Yahrzeit.
1) PROHIBITIONS AFTER CHALITZAH
(a) Answer: Since a widow's relative accompanies her to Beis
Din (for Chalitzah), Chachamim decreed that she should
not do Yibum, (lest people think that the relative did
Chalitzah, and they later see the Yavam do Yibum to the
2) WAITING BETWEEN MARRIAGES
1. A widow's Tzarah does not accompany her to Beis Din,
Chachamim saw no need to decree.
(b) (Mishnah): Reuven did Chalitzah; his brother married her
sister, then died. Reuven does Chalitzah, not Yibum;
(c) Similarly: Reuven divorced his wife; his brother married
her sister, then died. The widow is exempt from Chalitzah
(d) Reuven engaged the sister of his Yevamah. R. Yehudah Ben
Beseira says, we tell him to wait until his brother does
Yibum or Chalitzah - after that, he may make Nisu'in;
1. Also, if the Yevamah died, he may make Nisu'in; if
Reuven's brother died, he divorces his wife and does
Chalitzah to the Yevamah.
(e) (Gemara) Question: Why does it say, 'Similarly' (the law
(f) Correction: It means, '*But* if he divorced ...'.
(g) (Reish Lakish): In this Mishnah, Rebbi taught that the
prohibition of the sister of one's divorcee is
mid'Oraisa; the sister of one's Chalutzah is only
(h) (Mishnah): If Reuven engaged the sister of his Yevamah
(i) (Shmuel): The law is as R. Yehudah Ben Beseira.
(j) Question: If Reuven's wife died, may he do Yibum?
(k) Answer #1 (Rav): Yes.
(l) Answer #2 (Shmuel): No.
1. (Rava): Rav holds, the Yevamah was permitted then
forbidden, when the prohibition lapses, she returns
to being permitted.
(m) Suggestion: Shmuel (who above said she is forbidden) must
hold as R. Elazar!
2. Question (Rav Hamnuna - Mishnah): 3 brothers, 2 are
married to sisters, one is single. A married brother
died, the single brother gave a Ma'amar to the
Yevamah; then the other married brother died, then
his wife died; the Yevamah does Chalitzah, not
i. Why don't we say, she was permitted, then
forbidden, and when the prohibition lapses, she
returns to being permitted?
3. Rava was silent. After he left, he reconsidered - 'I
could have answered, that Mishnah is as R. Elazar,
who holds that once a Yevamah was forbidden, she
remains forbidden forever!'
4. Rava again reconsidered. 'That is not a proper
answer - R. Elazar only said his law when she was
forbidden when she fell to Yibum - here, she was
permitted when she fell, we have no source that R.
Elazar would prohibit her!'
5. Rava again reconsidered. 'Yes! We have a source!'
i. (Beraisa - R. Elazar): (A man engaged the
sister of his Yevamah.) If his Yevamah died, he
may marry his betrothed. If his betrothed died,
he does Chalitzah, not Yibum to the Yevamah.
(n) Rejection: No, they can hold as Chachamim.
1. Chachamim only argued in that case (Daf 109A, a man
divorced his wife and remarried her, then he died) -
they permit, because she was not prohibited after
she fell to Yibum.
2. Here, she became forbidden after she fell, Chachamim
admit that she is forbidden!
(a) (Mishnah): A Yevamah may not do Yibum nor Chalitzah
within 3 months of the death of her husband;
(b) Similarly, all women may not get engaged nor married for
3 months, whether they are virgins or not, whether they
were divorced or widowed, from Nisu'in or engagement;
(c) If she was only engaged, R. Yehudah permits her to get
married; if she was married, R. Yehudah permits her to
get engaged, except for engaged girls in Yehudah, since
they are intimate with their husbands;
(d) R. Yosi says, all women may get engaged, just a widow
must wait until the mourning over her husband ends.
(e) (Gemara): We understand, she may not do Yibum within 3
months, perhaps she is pregnant with a viable child, and
they transgress the Torah prohibition of a brother's
3) IS A YEVAMAH FED?
(f) Question: Why can't she do Chalitzah?
(g) Suggestion: Our Mishnah refutes R. Yochanan, who said
that Chalitzah of a pregnant woman is valid.
1. Question: Wasn't he already refuted?
(h) Answer #1: Chalitzah is forbidden, lest she give birth to
a viable child, and we will need a proclamation that she
is permitted to a Kohen.
2. Answer: Let us say, our Mishnah also refutes him!
3. Rejection: Our Mishnah is no refutation.
1. Question: What is wrong with that?
(i) Answer #2: Rather, the reason is as R. Yosi.
2. Answer: Perhaps someone saw the Chalitzah and did
not hear the proclamation - he will think that she
is forbidden to a Kohen.
3. Question: This answer suffices for a regular widow -
but if she was previously divorced woman (who is
forbidden to a Kohen), she should do Chalitzah!
4. Answer: Chalitzah deprives her of being fed.
5. Question: This answer suffices if she fell to Yibum
from Nisu'in. If she fell from engagement (and is
not fed), how can we answer?
1. (Beraisa): A man asked R. Yosi if he may do
Chalitzah within 3 months; he answered, no.
(j) Question (Rav Chinena - Beraisa): All doubtful cases do
Chalitzah, not Yibum.
2. The man: Why not do Chalitzah?
3. R. Yosi: "If he does not want to do Yibum" - we
infer, he could do Yibum if he wanted! All that can
do Yibum, can do Chalitzah ...
1. Question: What are the doubtful cases?
(k) Answer: That is no difficulty! There, if Eliyahu would
tell us which he engaged, she is fitting for Yibum and
i. Suggestion: If we do not know if the engagement
was valid - they can do Yibum in any case!
2. Answer: Rather, a man engaged 1 of 2 sisters, and
does not know which one, and the Beraisa says they
do Chalitzah (even though he may not do Yibum)!
1. Here, even if Eliyahu would tell us that she is not
pregnant, we would not heed him and do Yibum!
i. A minor cannot be pregnant, and even she cannot
do Yibum within 3 months!
(a) (Beraisa): A Yevamah is fed from the property of the
deceased for 3 months. After this, she is neither fed
from his property, nor from the Yavam's property.
1. If he went to trial (and was told to do Yibum or
Chalitzah) and fled, she is fed from his property.
(b) If a woman falls to a Yavam that is a minor, she is not
fed from his property.
(c) Question: Is she fed from the property of the deceased?
(d) Rav Acha and Ravina argued. One said yes, the other, no.
1. The law is, she is not fed - Heaven punished her.