ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 61
YEVAMOS 46-65 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
(a) That Kohen explained to Rav Nachman bar Yitzchak that he had married a
Giyores of under three - because of Rebbi Ya'akov bar Idi Amar Rebbi
Yehoshua ben Levi, who had ruled like Rebbi Shimon.
(b) Rav Nachman bar Yitzchak retorted emphatically - that he is obligated to
send her away (and that if he did not, he would place him in Cherem).
(c) Rebbi Shimon learned from the Pasuk "va'Etein Tzoni Tzon Mar'isi Adam
Atem" - that it is only Yisrael who are called "Adam", but not Nochrim.
(d) Nevertheless, the Torah in Bamidbar refers to the women of Midyan and
the Navi Yonah to the people of Ninveh as "Adam" - to strike a contrast
between them and the animals mentioned in both places.
(a) Rebbi Shimon explains that the soldiers (who returned from the battle
with Midyan) required purification from Tum'as Meis, because of the
possibility that the corpses they had touched were from Yisrael. The
Rabbanan refuted this suggestion - seeing as the Torah writes "ve'Lo Nifkad
Mimenu Ish" (meaning that not one Jewish soldier was killed).
(b) Rebbi Shimon explains the Pasuk "ve'Lo Nifkad Mimenu Ish" to mean - that
they did not sin (in spite of the tremendous temptations that confronted
(c) According to Ravina, Rebbi Shimon concedes to the Rabbanan that "ve'Lo
Nifkad Mimenu Ish" refers to physical death (in which case, no Jewish
soldier died). They would nevertheless have needed purification from Tum'as
Meis - because they may well have *touched* a Midianite corpse, and even
Rebbi Shimon will agree that a Nochri corpse renders those who touch it,
Tamei (because his leniency is restricted to Tum'as *Ohel*, and does not
extend to touching).
(a) If a Kohen is betrothed to a widow and is then appointed Kohen Gadol -
he is permitted to marry her.
(b) This happened to Yehoshua ben Gamla (who incidentally, introduced the
(c) We learn this concession from the extra word "Ishah". From the same word
"Ishah" - we also preclude a Shomeres Yavam, with whom he is not permitted
to perform Yibum, even if he had already made Ma'amar with her.
(d) Rav Yosef deduces from the wording in the Mishnah (with regard to
Yehoshua ben Gamla) 'u'Mineihu Lihyos Kohen Gadol' - that he must have been
appointed artificially (even though he was not worthy of the appointment).
Indeed, Rav Asi informs us that Marsa (his betrothed) paid a vast sum of
money to King Yanai in order to have him appointed.
(a) If a Kohen Gadol's brother dies, the Kohen Gadol performs Chalitzah and
not Yibum. The Asei of Yibum does not override the Lo Sa'aseh of a Kohen
Gadol marrying a widow - because the Lo Sa'aseh is reinforced by an Asei of
"Ki-im Besulah me'Amav Yikach Ishah".
(b) The Tana of our Mishnah even forbid Yibum if she is an Almanah from the
Eirusin, despite the fact that she is still a Besulah (and there is no
Asei) - because Chazal decreed the first Bi'ah on account of the second
(which is forbidden min ha'Torah).
(a) 'Kohen Hedyot Lo Yisa Aylonis Ela-im-Kein Yesh Lo Ishah u'Banim' - which
really means 'Ishah' *or* 'Banim'.
(b) Rebbi Yehudah forbids him to marry an Aylonis even if he has a wife or
children - because that is the Zonah whom the Torah forbids.
(c) The Chachamim define a Zonah as - a Giyores, a Meshuchreres and any
woman who indulged in a forbidden relationship.
(d) The Tana Kama confines the Din of marrying an Aylonis to a Kohen, not to
preclude a Yisre'eilis - but because of Rebbi Yehudah, whose ruling
(declaring her a Zonah) only affects a Kohen.
(a) Rebbi Yehudah derives his definition of Zonah from the Pasuk "Achlu
ve'Lo Yisba'u, Hiznu ve'Lo Yifrotzu" - which implies that any woman from
whom one cannot have children is a Zonah.
(b) According to Rebbi Eliezer, a Kohen is forbidden to marry a Ketanah.
Rabah explains that Rebbi Eliezer holds like Rebbi Yehudah. In order to
issue such a ruling, he would also have to hold like the opinion of Rebbi
Meir - who contends with the minority.
(c) The Rabbanan concede to Rebbi Meir that a Katan is forbidden to perform
Chalitzah - because the Torah writes "Ish" in the Parshah of Chalitzah.
(d) Rebbi Eliezer cannot possibly agree with the ruling of ...
1. ... Rebbi Meir - because, in a Beraisa, he specifically permits a Ketanah
to perform Yibum.
2. ... Rebbi Yehudah - because, in another Beraisa, he specifically defines
a Zonah as a married woman who goes with other men.
(a) Rebbi Akiva defines a Zonah as a prostitute. Rebbi Masya ben Charash
defines her even as a woman whose husband had relations with her - if, as he
was taking her to the Beis Hamikdash to drink the water of a Sotah, he made
Bi'ah with her.
(b) Rebbi Elazar (the most stringent of all) holds - 'Panuy ha'Ba al
ha'P'nuyah, As'ah Zonah'.
(a) Rav Ada bar Ahavah establishes Rebbi Eliezer by a Kohen Gadol - who
would then transgress the Isur of marrying a Be'ulah, because he only
acquires her when she becomes a Na'arah.
Rav Nachman bar Yitzchak establishes Rebbi Eliezer like the Tana of the
Beraisa - who explains the word "Besulah" itself to mean a Na'arah (and not
a Ketanah - see Tosfos DH 've'Chein').
(b) Rava objects to Rav Ada bar Ahavah's explanation, because 'Mimah
Nafshach', if her father accepted her Kidushin, then he acquires her already
at the time of the Kidushin. And if she accepted her Kidushin herself he
objects - because then, why would the Rabbanan argue with Rebbi Eliezer?
(c) Rav Papa resolves Rava's Kashya from a Beraisa, which explains Rebbi
Eliezer's opinion by extrapolating from the words "Besulah" and "Ishah" -
that a Kohen Gadol is only permitted to marry a girl who is both a Besulah
and an Ishah (i.e. a Na'arah), precluding a Ketanah as well as a Bogeres.
(d) Rava himself establishes Rebbi Eliezer by a Kohen Hedyot, and Rebbi
Eliezer forbids a Kohen to marry a Ketanah for fear she might allow herself
to be seduced by others and become Asur to him. Despite the fact that a
woman who is seduced is forbidden to her husband even if he is a Yisrael, he
nevertheless restricts his ruling to a Kohen - because the seduction of a
Ketanah is considered rape.
(a) According to our Mishnah, once someone has children, he is permitted to
desist from having more - inferring that he is not permitted to desist from
(b) This is a proof for Rav Nachman Amar Shmuel - who extrapolates from the
Pasuk "Lo Tov Heyos ha'Adam Levado" - that a man is forbidden to live
without a wife.
(c) According to the second Lashon, the Tana of our Mishnah incorporates a
wife in the words 'Piryah ve'Rivyah'. Rav Nachman Amar Shmuel will then
explain - that our Mishnah does not obligate him to marry a wife who can
have children, but the Tana will agree that he is obligated to marry again
(at least a woman who is unable to have children).
(d) The practical difference between whether a man has had children or not
in this regard - is that, if he has not had children, he will be permitted
to sell a Sefer-Torah if need be, in order to obtain a wife who can have
children; whereas this will be forbidden, if he already has children.
(a) According to Beis Shamai, the Mitzvah of 'P'ru u'Revu' constitutes two
sons; according to Beis Hillel - one son and one daughter.
(b) The source of ...
1. ... Beis Shamai - is Moshe Rabeinu, who only had two sons but no
2. ... Beis Hillel - is the creation of the world, which Hashem set into
motion with Adam and Chavah.
1. ... Beis Shamai decline to learn from Adam and Chavah at the creation -
because there it was inevitable for the world to have continued in any other
way, and we do not learn the possible from the impossible.
2. ... Beis Hillel declined to learn from Moshe, like Beis Shamai - because
Moshe was different, seeing as he separated from his wife (under unique
circumstances, which Hashem conceded, as we shall see).