ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 106
YEVAMOS 106 - dedicated anonymously by a student of Rabbi Kornfeld's in N.Y.
(a) Resh Lakish explained the Beraisa 'Chalitzah Muta'as Kesheirah' to mean
that even if they gave an errant Yavam to believe that by performing
Chalitzah, he would in fact acquire the Yevamah, the Chalitzah would be
valid. Rebbi Yochanan objected - based on his ruling that if either the
Yavam or the Yevamah perform Chalitzah with other motives in mind, the
Chalitzah is rendered invalid.
(b) So he explained Chalitzah Muta'as to mean - informing the Yavam that,
should he perform the Chalitzah, the Yevamah will give him two hundred Zuz.
(c) We do not connect the validity of the Chalitzah with the fulfillment of
the condition - because of the principle that a condition on any transaction
that cannot be performed through a Shli'ach (such as Chalitzah) is not
(d) A case of Chalitzah Muta'as came before Rebbi Chiya, who validated the
Chalitzah - because it was not a fitting match (e.g. one of the two was much
older than the other).
(a) There was a case where the Yevamah refused to let the Yavam perform
Yibum with her. Rebbi Chiya bar Aba justified her refusal - on the grounds
that the Yavam only wanted her money, and that, after he performed Yibum
with her, he planned to use up all her money and then to divorce her.
(b) He then instructed the Yavam to perform Chalitzah in order to acquire
(c) True, we just learned that such a Chalitzah is not valid - but that is
to permit the Yevamah to marry le'Shuk. It is however, effective to forbid
her to the Yavam (because of 'Keivan she'Lo Banah ... '); and once she was
forbidden to him anyway, he had no option other than to perform Chalitzah,
to permit her to married again.
(d) According to Rashi's second Lashon - 'Biti, Amodi', implied that she had
to stand for Chalitzah, to which she replied that since she was lame and was
not able to stand, her sitting was like anybody else's standing. That also
increased her justification for refusing - because, despite her lameness,
the Yavam wanted to perform Yibum, bearing out her theory that he only
wanted her money.
(a) Abaye instructed a Yavam who wanted to perform Yibum with a Yevamah who
was unsuitable for him, to perform Chalitzah in order to acquire her. Rav
Papa objected ...
1. ... in this instance - on the same grounds that Rebbi Yochanan objected
to Resh Lakish's explanation at the beginning of the Amud (because Chalitzah
requires the correct motives).
(b) Rav Papa proved his point from a Beraisa - where the Tana rules that, if
a man who is running away from pursuers, and arrives at a river, offers
someone a large sum of money to take him across, it is obvious that he only
offered him that amount in order to be saved from his pursuers.
Consequently, he only needs to pay him the going rate for his services, but
not the promised amount.
2. ... when Abaye instructed the Yevamah to pay the money - on the grounds
that she never meant to pay the money in the first place, and that she only
made the condition in order to force him to perform the Chalitzah.
(c) We just learned that a Chalitzah Muta'as is valid - a Get Muta'as is not
(due to the fact that a condition by a Get, which can be given through a
Sh'li'ach, is binding).
(d) This episode ends on a sad note - when Abaye inadvertently gave Rav
Papa's parents an Ayin ha'Ra (see Ya'avetz), and they died.
(a) The Beraisa initially invalidates a Chalitzah Me'usis, and validates a
Get Me'useh - one that is performed after physical force has been used to
coerce the man to comply.
(b) We object to the Tana's distinction - on the grounds that, if the man
stated that he condescends to obey the Chachamim's instructions, then even a
*Chalitzah* Me'usis ought to be Kasher too, whereas should he refuse, then a
*Get* Me'useh is not Kasher either.
(c) We conclude - that there is in fact, no difference between a Chalitzah
Me'usis and a Get Me'useh: if he condescends to obey the Chachamim, both are
Kasher; if he does not, both are Pasul.
(a) We learn from the Pasuk (regarding Korbanos) ...
1. ... "Yakriv Oso" - that Beis-Din should even use force if necessary, to
make someone bring the Korbanos that he promised.
(b) The Tana also brings this Halachah with regard to giving one's wife a
Get (e.g. if a Kohen married a Gerushah).
2. ... "li'R'tzono" - that forcing him is only effective if he finally
agrees to bring it, but not against his will.
(a) Rava Amar Rav S'chorah Amar Rav Huna 'Choltzin af-al-pi she'Ein Makirin,
Mema'anin af-al-pi she'Ein Makirin'. Rava himself says - 'Ein Choltzin
ela-im-kein Makirin ... '.
(b) Consequently, according to Rav Huna, one *may not write* a Get Chalitzah
or a Get Miy'un (in case she is not really the Yavam's Yevamah); whereas,
according to Rava, one *may*.
(c) When we say that ...
1. ... Rav Huna is worried about an erring Beis-Din - we mean that since he
holds 'Choltzin af-al-pi she'Ein Makirin', we are afraid to write a get
Chalitzah ... , in case a subsequent Beis-Din will err, thinking that the
Beis-Din in attendance need to recognize the Yavam and the Yevamah, and will
therefore fail to check on them themselves.
2. ... Rava is not worried about an erring Beis-Din - we mean that the
witnesses are permitted to write a Get Chalitzah ... even though they do not
recognize the Yavam and the Yevamah, on the understanding that the Beis-Din
in attendance recognized them.
(a) When the Yavam and the Yevamah first arrive in Beis-Din, it is the
Dayanim who open the proceedings - by advising them (if necessary), to
perform Chalitzah, rather than Yibum.
(b) The Yevamah then says 'Me'ein Yevami Lehakim le'Achiv Sheim be'Yisrael,
Lo Avah Yabmi' - and the Yavam responds 'Lo Chafatzti Lekachtah'.
(c) Chalitzah must be said in Lashon ha'Kodesh, as we learn from P'sukim, in
(d) The Yevamah then approaches the Yavam, pulls off his right shoe and
spits towards him - all in full view of the Dayanim.
(a) The Yevamah then calls out - 'Kachah Ye'aseh la'Ish Asher Lo Yivneh es
(b) Rebbi Hurkanus introduced the Minhag, under the oak-tree in K'far Itam -
that she should add the rest of the Parshah ("ve'Nikra Sh'mo be'Yisrael
'Beis Chalutz ha'Na'al' ").
(c) According to the Tana Kama, it is only the Dayanim who called out 'Beis
Chalutz ha'Na'al' at the conclusion of the ceremony - whereas according to
Rebbi Yehudah, all those who are present join in.
(d) Rav Yehudah taught that the Mitzvah of Chalitzah comprises her reading,
his reading, removing the shoe, spitting and her reading. The reason that he
repeated this, despite the fact that the order appears clearly in our
Mishnah, is - to teach us that it is only a Mitzvah (Lechatchilah) that this
order must be maintained (i.e. removing the shoe and spitting), but that,
Bedieved, if they reversed the order, the Chalitzah is nevertheless Kasher.
(a) Abaye said that, when ...
1. ... the Yevamah reads 'Lo Avah Yabmi' - she is not permitted to pause in
between 'Lo' and 'Avah Yabmi' (so as not to convey the impression that she
is saying 'Avah Yabmi' on its own.
(b) Rava disagrees with Abaye - because, since that is not their intention,
it doesn't matter if they breath in the middle (so to speak).
2. ... the Yavam reading 'Lo Chafatzti le'Kachtah' - he is not permitted to
pause in between 'Lo' and 'Chafatzti Lekachtah' (for the same reason).
(c) Rav Ashi once found Rav Kahana struggling to get a Yevamah to read 'Lo
Avah Yabmi' without pausing in the middle. When Rav Ashi quoted him Rava's
concession to break in the middle - he replied that that only pertained to
'Lo Chafatzti Lekachtah', but not to 'Lo Avah Yabmi', where 'Lo' on its own,
appears to negate what she said before 'Me'ein Yevami ... ', which she now
corroborates with the words 'Avah Yabmi'.
(a) They used to write in the Get Chalitzah that they made *her* read from
'Me'ein Yevami' until 'Yavmi', that they made *him* read from 'Lo' until
'Lekachtah', and her again from 'Kachah' until 'Chalotz ha'Na'al'. They did
not write the full quotes - because they had no justification to make Sirtut
(lines similar to those that are scratched in a Sefer-Torah) and write the
(b) Mar Zutra wrote the full quotes in the Get - by first making Sirtut.
(c) Mar bar Idi queried Mar Zutra on the basis of the prohibition of writing
individual Parshiyos of the Torah, even with lines. We nevertheless justify
Mar Zutra's action - on the basis that, since it was not his intention to
write a Parshah in the Torah to learn (like one writes such a Parshah for a
child), only to use for Mitzvas Chalitzah, writing it out did not give it
the Kedushah of a Sefer Torah, in which case it was permitted.
(d) The Halachah is like Mar Zutra.
(a) Abaye invalidates the Chalitzah of a Yevamah if the wind disperses her
spit before it reaches the area in front of the Yavam - because the Torah
writes "ve'Yarkah *be'Fanav*".
(b) Such a Chalitzah will nevertheless be valid - if the Yevamah is small
and the Yavam is tall (because the moment the spit leaves her mouth, it is
in fact, in front of the Yavam).
(c) The spit must reach - to a point in front of his face where he can see
it (without looking upwards), for the Chalitzah to be valid.
(a) Rava invalidates the Chalitzah of a woman who spat after eating garlic
or earth - because she is obligated to spit of her own volition, and not
because of what she ate.
***** Hadran Alach Mitzvas Chalitzah *****
(b) Rava learns from the Pasuk "ve'Yarkah le'Einei ha'Z'keinim" - that the
spit must be visible to the Dayanim.
(c) Rebbi Yehudah requires everyone present to announce 'Chalutz ha'Na'al' -
like he learned from Rebbi Tarfon.
(d) They would announce it three times.