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 109
1) ONE WHO REMARRIES HIS DIVORCEE
(a) Similarly, one who divorces his wife who is an orphaned
minor, she is permitted to do Yibum; R. Elazar prohibits;
2) ZIKAH OF A RABINICALLY MARRIED GIRL
(b) A father that married off his daughter as a minor, and
she was divorced, she is as an orphan in the life of her
father; if he remarries her, all agree that she may not
(c) (Gemara - Question - Aifa): What is the reason of R.
(d) Answer #1 (Aifa): Because she was once forbidden to the
Yavam (when she was divorced, she is always forbidden).
1. Rabanan: If so, Chalitzah should not be required!
(e) Answer #2 (Abaye): His reason is, he is in doubt if death
causes the fall to Yibum, or the beginning of the
i. Suggestion: If you will say, that is correct -
but a Beraisa says, R. Elazar says she does
2. Aifa: I was wrong - I do not know his reason.
1. If death is the cause - she is fitting for Yibum.
(f) Answer #3 (Rava): Really, it is clear to R. Elazar that
death causes the fall.
2. If the beginning of the marriage causes her to fall
- she was once forbidden.
1. Everyone knows about the divorce, but not everyone
knows that he remarried her (and they will think
that the Yavam is marrying the woman his brother
(g) Answer #4 (Rav Ashi): R. Elazar decrees in the 1st 2
cases of the Mishnah on account of one who remarries an
'orphan in the life of her father'.
2. Objection: To the contrary! When he remarries her,
there is publicity!
3. Answer: Sometimes, he remarries her at night and
dies the next morning.
1. Presumably, this is correct - the end of the Mishnah
teaches, a father married off his daughter as a
minor, and she was divorced, she is as an orphan in
the life of her father. If he remarries her, all
agree that she may not do Yibum.
(h) Support (Beraisa): Chachamim admit to R. Elazar by a
minor that was married off by her father and divorced,
she is as an orphan in the life of her father; if he
remarries her, she cannot do Yibum, because her divorce
is a full divorce, but her remarriage is not full
2. Objection: This is obvious!
3. Answer: Rather, this was taught because it is the
reason R. Elazar forbade in the previous cases.
1. This applies when he divorced her as a minor and
remarried her as a minor - but if he divorced her as
a minor and remarried her as an adult, or remarried
her as a minor and she became an adult before he
died, she does Yibum or Chalitzah; R. Elazar says,
she must do Chalitzah.
(i) Question (Rava): What is the law of her Tzarah?
(j) Answer (Rav Nachman): She is only forbidden to do Yibum
because of a decree - will we decree on account of a
(k) Question: But a Beraisa says, R. Elazar says, she and her
Tzarah do Chalitzah!
1. Counter-question: That cannot be correct, that both
(l) Answer: Since the Beraisa must be amended - we can amend
it thusly: she may only do Chalitzah, her Tzarah may do
Chalitzah or Yibum.
2. Correction: Rather, she or her Tzarah does
(a) (Mishnah): 2 brothers are married to 2 sisters that are
(orphaned) minors. One brother died; his wife is exempt
from Yibum and Chalitzah because of her sister; (the same
applies if the sisters are deaf - the Gra deletes this
from the text).
3) THINGS TO EMBRACE AND AVOID
1. If 1 sister is an adult and the other a minor: if
the husband of the minor died; his wife is exempt
from Yibum and Chalitzah because she is the sister
of the Yavam's wife;
2. If the husband of the adult died - R. Eliezer says,
we counsel the minor to do Mi'un (and her sister
does Yibum); R. Gamliel says, if she does Mi'un on
her own, fine; if not, she waits (to have relations)
until she grows up, and her older sister is then
exempt from Yibum and Chalitzah; R. Yehoshua says,
woe to him for his wife, woe to him for his
brother's wife - he divorces his wife, and does
Chalitzah to his Yevamah.
(a) (Gemara) Question: Is it really permitted to encourage
1. (Bar Kapara): A person should always cling to 3
things - Chalitzah, bringing Shalom, and permitting
(b) Answer: For a Mitzvah, one may encourage Mi'un.
2. One should distance himself from 3 things - Mi'un,
deposits, and being a guarantor.
(c) (Bar Kapara): A person should always cling to Chalitzah -
this is as Aba Sha'ul.
1. (Aba Sha'ul): One who does Yibum because the Yevamah
is attractive, or to be married, or for another
reason, it is as if he has relations with Ervah, and
I view the child as being close to a Mamzer.
2. Bringing Shalom - "Seek Shalom and pursue it".
4) ONE RABINICALLY MARRIED TO HIS YEVAMAH'S SISTER
(d) (R. Yitzchak): "Evil, he does evil, for he mixes in
strangers" - evil after evil will come upon those that
accept converts, guarantors of Shaltziyon, and one that
relies on his learning.
i. (R. Avahu): We learn a Gezeirah Shaveh "Pursue
- pursue"; here it says, "Seek Shalom and
pursue it"; another verse says, "One who
pursues Tzedakah and Chesed will find life,
Tzedakah and honor.
3. Permitting vows - as R. Noson.
i. (R. Noson): One who vows is as one who builds a
private altar (when this is forbidden); if he
fulfills his vow, it is as if he offered a
sacrifice on his private altar,
4. One should distance himself from Mi'un - lest she
regret it when she grows up;
5. From deposits - from one who lives in the same city,
since he is often in his house (and he may take back
his deposit, and later claim it from him).
6. From being a guarantor - the guarantors of
Shaltziyon (explained below).
1. Those that accept converts - as R. Chelbo.
i. (R. Chelbo): Converts are as problematic for
Yisrael as leprosy in the skin.
2. Guarantors of Shaltziyon - for they do not approach
the borrower, but first claim from the guarantor.
3. One that relies on his learning - Explanation #1
(Beraisa - R. Yosi): Anyone that says he does not
have Torah, he does not have Torah.
4. Question: This is obvious!
5. Correction: Rather, anyone that says he only has
Torah, he only has Torah.
6. Question: This is also obvious!
7. Answer #1: Rather, he does not even have Torah.
i. (Rav Papa): "You will learn and you will do" -
anyone that keeps Torah, can learn Torah;
anyone that does not keep Torah, cannot learn
8. Answer #2: As we said originally, he only has Torah
- we need to hear, even if he teaches others, and
they observe what they learn from him.
i. One might have thought, he gets reward for this
- we hear, this is not so.
9. Explanation #2: One that relies on his learning -
this is a judge, that a case comes before him, and
he erroneously compares it to something he has
learned; even though he has a Rebbi, he does not ask
i. (Rav Shmuel Bar Nachmani): A judge should view
himself as if a sword is between his thighs,
and Gehenom is open beneath him - "The bed of
Shlomo ... from the fear of nights" - from the
fear of Gehenom, which is like night.
(a) (Mishnah): R. Gamliel says, if she does Mi'un, ...
(b) Question (R. Elazar): What is R. Gamliel's reason?
1. Does he hold that engagement of a minor is hanging;
when she becomes an adult, her engagement grows with
her (she becomes fully engaged), even without
(c) Answer (Rav): He holds that one who engages the sister of
his Yevamah, this exempts his Yevamah from Yibum and
Chalitzah; this is only if he has relations with his wife
after she is an adult.
2. Or, does he hold that if one who engages the sister
of his Yevamah, this exempts his Yevamah from Yibum
i. This only happens if he has relations with his
wife after she is an adult.
(d) Objection (Rav Sheshes): Rav must have been dozing when
he said that!
1. (Beraisa): One who engages a minor, the engagement
(e) Answer (Ravin Brei d'Rav Nachman): No, the engagement is
dependent - if they have relations after she is an adult,
it becomes full engagement; if not, not.
i. Suggestion: This means, when she grows up, it
becomes full engagement, even without
1. She says, he is better than me, and I am better than
him (i.e. either can end the marriage against the
will of the other).
(f) Question: Does Rav really hold that it only becomes full
engagement if they have relations?
(g) Contradiction: It was taught - a minor that did not do
Mi'un, and married another man after she became an adult:
1. (Rav): She does not require a Get from the 2nd man.
2. (Shmuel): She needs a Get from the 2nd man.