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Yevamos 52

YEVAMOS 46-55 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) Why does the Mishnah ask 'Keitzad'?, seemingly with reference firstly to the the first case of 'Yesh Get Achar Get', and then go on to explain Get Achar Ma'amar?


(a) Rav Huna says that the Mitzvah of Yibum comprises Ma'amar and Yibum. Is there a proof for this from our Mishnash which says 'Asah Ma'amar u'Ba'al, Harei Zu ke'Mitzvasah'?

(b) Then what is the Chidush? Why should Ma'amar and then Bi'ah not be acceptable?

(c) How do we amend the continuation of Rav Huna's statement 've'Im Ba'al ve'Asah Ma'amar, Kanah'?

(d) What do we mean by asking 've'ha'Tanya, Lokin'?

(a) We answer the previous Kashya by establishing 'Lokin' to mean Makas Mardus.
Why did the Rabbanan institute Makas Mardus for this?

(b) Rav would give Makas Mardus for three breaches of moral conduct connected with Kidushin. One of them, for betrothing with Bi'ah.
What are the other two?

(c) He would also give Makas Mardus for someone who negated a Get that he had sent his wife through a Sh'li'ach, or who secretly informed two witnesses that the Get he was giving his wife was not valid because he had been forced to write it.
Why did he institute Makas Mardus for these two cases?

(a) He also instituted Makas Mardus for someone who treated a Sh'li'ach Beis-Din sent by Beis-Din to invite him to Beis-Din with contempt, or who retained a Shamta de'Rabbanan (a form of Niduy).
What does it mean to retain a Shamta? For how long would he need to retain it before he received Malkos?

(b) Finally, he gave Malkos to someone who slept over in the house of his father-in-law to be.
Why then, did Rav Sheishes give Malkos even to someone who just passed in front of the house?

(c) According to the Neherda'i, Rav only administered Makas Kardus to someone who betrothed a woman with Bi'ah and without a Shiduch.
What is the alternative version of the Neherda'i's statement?

(a) Ma'amar can be performed with money or with a Sh'tar.
How does one perform it with ...
  1. ... money?
  2. ... a Sh'tar?
(b) Why could Ma'amar not possibly be effective min ha'Torah?

(c) What does the Yavam write in the Kesubah of his Yevamah?

(d) Although initially, the Kesubah comes out of the deceased brother's estate, Chazal obligated the Yavam to provide the money, should his brother not have left sufficient funds.
Why is that?

(a) What is the status of a Get which contains a phrase restraining his wife from marrying anybody else?

(b) What is the reason for saying that should the Yavam give such a Get to his Yevamah, it should be ...

  1. ... invalidated too?
  2. ... valid?
(c) What did Rabah reply when Abaye asked him this She'eilah?

(d) What is the difference between this case and that of giving her (his Yevamah) a blank piece of paper?

(a) If someone writes a Get intending to give it to his wife after they are married, what is the difference whether he writes it *after* they are already betrothed, or *before*?

(b) What is the Din by a Get Yashan? What is a Get Yashan?

(c) Then why is the Get valid in the former case?

(d) Rami bar Chama asked whether a Get that a Yavam writes to give his Yevamah after they are married will also be valid, seeing as he is bound to her (in a similar way to a betrothed woman).
Why might the Get perhaps not be valid.

Answers to questions



(a) Rav Chananyah asks whether a Get that a Yavam gives his Yevamah to remove the Zikah but not the Ma'amar that he made, or vice-versa, is valid or not.
On what grounds would it ...
  1. ... not be valid?
  2. ... be valid?
(b) If the Get *is* valid, what will be the difference between a Get that writes to remove the Zikah and one that he writes to remove the Ma'amar?

(c) Rava says that a Get that the Yavam gives to remove his Ma'amar permits the Tzarah to the Yavam.
Why does it not permit the Ba'alas Ma'amar herself to the Yavam? Why does Rav Chananyah not resolve the She'eilah from Rava?

(d) What is the final ruling in both of these She'eilos?

(a) Our Mishnah says 'Chalatz ve'Asah Ma'amar, Ein Achar Chalitzah K'lum'. Rav Yehudah Amar Rav establishes this like Rebbi Akiva.
What would the Rabbanan say? Why is that?

(b) What does Rebbi Akiva learn from the Pasuk in Ki Seitzei "Lo Yuchal Ba'alah ha'Rishin *Asher Shalchah* ... "?

(c) Seeing as the author of our Mishnah is Rebbi Akiva (as we just established), how will we explain the Reisha ('Nasan Get ve'Asah Ma'amar, Tzerichah Get va'Chalitzah')? If a Yevamah she'Shalchah is forbidden to the Yavam *mi'd'Oraysa* according to Rebbi Akiva, why should the Ma'amar be effective after the Yavam gave the Yevamah a Get?

(a) Rebbi agrees with the Chachamim, who hold 'Yesh Achar Chalitzah K'lum'. How does Rebbi qualify this? Which sort of Kidushin will not be effective after Chalitzah?

(b) What do the Chachamim say?

(a) What is the Din if someone was digging in ground that he thought was his, but which really belonged to his neighbor who was a Ger, and the neighbor died.
Based on the premise that digging is a Kinyan (Chazakah), is the ground that he was digging, his?

(b) Rav Yosef uses this case as a Mashal (parable) to explain Rebbi: Just like in the Mashal, he says, he does not acquire the land; similarly, if the Yavam wants to acquire his Chalutzah through Ma'amar, which is not eligible, he will not acquire her either.
On what grounds does Abaye refute the Mashal?

(c) Which Mashal does Abaye therefore give to illustrate Rebbi's case?

(a) Abaye establishes the Machlokes between Rebbi and the Chachamim when the Yavam said after the Chalitzah 'Hiskadshi Li be'Ma'amar Yabmin'.
What is the reason of ...
  1. ... Rebbi, who says that she is *not Mekudeshes*?
  2. ... the Chachamim, who say that she *is*?
(b) According to Rava, even Rebbi would agree in this case that she is Mekudeshes. He establishes the Machlokes when the Yavam said 'Hiskadshi Li be'Zikas Yabmin', and the basis of their Machlokes is whether 'Yesh Zikah' or 'Ein Zikah'.
What is the reasoning of ...
  1. ... Rebbi?
  2. ... the Chachamim?
Answers to questions

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