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Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 65

YEVAMOS 55-65 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) A goring ox - (Mishnah): An ox is only established as a goring ox after 3 times.
(b) (Beraisa): A woman was married to a man, and did not have children (in 10 years); to a 2nd man, and had no children; she may only marry a man that has children.
1. If she married a man that has no children, she leaves him without a Kesuvah.
(c) Question: If she did not have children from the 3rd husband - may her 1st 2 husbands demand that she repay the Kesuvah she collected from them?
1. Can they say - 'It is now revealed that you were the barren one'?
2. Or - can she say, 'Now I became weak'?
(d) Answer: Presumably, the latter.
(e) Question: If she married a 4th husband and had children - may she demand a Kesuvah from the 3rd husband?
(f) Answer #1: No - we tell her, it is better for you to be quiet - your 3rd husband may say, I did not divorce you on condition that I must pay a Kesuvah!
1. Objection (Rav Papa): If she keeps quiet - do we keep quiet? The divorce was void, and her children are Mamzerim!
(g) Answer #2 (Rav Papa): Rather, we say, now she got better.
(h) (R. Ami): He says she is the barren one; she says he is the barren one - matters between the 2 of them, she is believed (and receives a Kesuvah).
(i) Question: Why?
(j) Answer: She can tell if his semen shoots as an arrow, he cannot.
(k) (R. Ami): He says, I will marry another woman to see if I can have children - also here, he must divorce her and pay a Kesuvah.
1. I say, anyone that takes a 2nd wife must grant his 1st wife a divorce and a Kesuvah.
2. (Rava): A man may take several additional wives, on condition that he can feed them.

(l) (R. Ami) He says, you miscarried within 10 years, she says, I did not miscarry (and you must divorce me now) - also here, she is believed - had she miscarried, she would not falsely establish herself as being barren.
(m) If she miscarried 3 times - she is established to miscarry (and he must divorce her).
(n) (R. Yitzchak Ben Elazar) He says, you miscarried twice, she says, I miscarried 3 times - there was a case, and they said she is believed.
1. Had she not miscarried 3 times, she would not falsely establish herself as one that miscarries.
(a) (Mishnah): A man is commanded about Piryah v'Rivyah, but not a woman;
(b) R. Yochanan Ben Broka says, "... Be fruitful and increase" was said to both of them.
(c) (Gemara) Question: What is the source that only a man is commanded?
(d) Answer #1(R. Ilai): "Fill the land and conquer it" - It is a man's way to conquer, not a woman's way.
1. Objection: Just the contrary! Kivshuha (conquer (plural) it) implies both!
2. Answer (Rav Nachman Bar Yitzchak): It is written Kivshah (singular).
(e) Answer #2 (Rav Yosef): (Hash-m told Yakov) " ... Pre u'Rve (be fruitful and increase - singular)", and not 'Pru u'Rvu' (plural).
(f) (R. Ilai): Just as it is a Mitzvah to say something that will be heeded, it is a Mitzvah not to say something that will not be heeded.
1. (R. Aba): This is an obligation - "Don't rebuke a scoffer, lest he hate you; rebuke a Chacham, and he will love you.
(g) (R. Ilai): It is permitted to change (depart from truth) for the sake of Shalom - "Your father commanded ... tell Yosef to bear the sin (of his brothers)".
1. (R. Noson): This is a Mitzvah - "And Shmuel said ... Sha'ul will hear and will kill me" (and Hash-m told him to say a falsehood).
(h) (Tana d'Vei R. Yishmael): Shalom is great, even Hash-m changed - Sarah said "And my husband is old"; Hash-m told Avraham that she said, "And I am old".
(i) (Mishnah): R. Yochanan Ben Broka says ...
(j) R. Yochanan and R. Yehoshua Ben Levi - one said, the law is as R. Yochanan Ben Broka; one said, as Chachamim.
1. We may conclude from the following that R. Yochanan said the law is as Chachamim.
2. Version #1: R. Avahu cited R. Yochanan as saying that the law is as R. Yochanan Ben Broka; R. Ami and R. Asi turned their faces.
3. Version #2: R. Chiya Bar Aba cited R. Yochanan as saying that the law is as R. Yochanan Ben Broka; R. Ami and R. Asi turned their faces.
i. (Rav Papa): We understand the 1st version - because of the honor of the Kaiser's house, R. Ami and R. Asi did not say anything (they merely turned their faces).
ii. Question: According to the 2nd version - why didn't they refute him?
4. Question: What is the final ruling?
5. Answer: A case (of a childless couple) came before R. Yochanan; he said, the husband must divorce her and pay a Kesuvah.
i. If she is not commanded - why must he pay a Kesuvah?
6. Rejection: Perhaps she had a claim (why she needed children).
i. A woman came before R. Ami: Force my husband to pay my Kesuvah.
ii. R. Ami: No, you are not commanded to have children!
iii. The woman: What will be in my old age (if I have no children)?
iv. R. Ami: In such a case, we certainly force him. v. A woman came before Rav Nachman.
vi. Rav Nachman: Leave, you are not commanded to have children!
vii. The woman: Doesn't she (I) need a son to support her, and bury her?
viii.Rav Nachman: In such a case, we certainly force him.
(k) Yehudah and Chizkiyah were twins. One was finished (in the womb) at the end of 9 months; the other, at the beginning of the 7th month. Yehudis (their mother), R. Chiya's wife, had great labor pain. She changed her clothing and came before R. Chiya.
1. Yehudis: Is a woman commanded on Piryah v'Rivyah?
2. R. Chiya: No.
3. She drank a sterility potion; later, it was known what she had done.
4. R. Chiya: If only you would have born another stomach of children!
i. Yehudah and Chizkiyah were brothers; Pazi and Tavi were sisters.
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