BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Yevamos 32
YEVAMOS 32 (23 Teves) - l'Iluy Nishmas Nachum ben Shlomo Dovid Mosenkis, by
his son, Sid Mosenkis of Queens, NY.
1) [line 5] MA'AMARO (MA'AMAR YEVAMIM)
(a) If a married man dies childless, his widow may not marry whomever she
pleases. She first must undergo Yibum (levirate marriage, that is, she must
marry her dead husband's brother), as the Torah states in Devarim 25:5-10.
The only way to perform Yibum mentioned in the Torah is through marital
relations with her. Giving her money (Kidushei Kesef) or a document
(Kidushei Shtar) does not achieve marital ties between them as it does with
a woman who is not a Yevamah (GEMARA Kidushin 4b). As RASHI writes (Yevamos
52a DH Nasan), it is impossible to effect Kidushin with one's brother's wife
because Kidushin do not "take hold" ("Einam Tofsin") on an Ervah (see
Insights to Yevamos 20:3).
(b) However, Chazal did enact a process called "Ma'amar" for a Yevamah, in
which the Yavam can "effect Kidushin" with his Yevamah in a manner
equivalent to Kidushei Kesef or Shtar in normal Kidushin. They decreed that
a Yavam should make "Kidushei Ma'amar" before he has relations with her for
the sake of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a).
Kidushei Ma'amar are like an introduction to the act of Yibum. If the Yavam
decides not to go through with the Mitzvah of Yibum, he must give the
Yevamah a Get to remove the status of Ma'amar. (The Gemara discusses whether
this "Kidushin" is exactly similar to normal Kidushin, and may not be
performed against the will of the woman, or if it is slightly similar to the
Mitzvah of Yibum, and therefore may be preformed against her will -- Yevamos
(c) Since Ma'amar does not effect a full acquisition of the Yevamah as the
wife of the Yavam as does Yibum, the bond of Zikas Yibum between them still
exists. Therefore, if the Yavam wishes to divorce the Yevamah after Ma'amar,
a Get (bill of divorce) is not enough; he must perform Chalitzah in order to
render her free to marry whomever she pleases, besides divorcing her with a
Get. Thus, if the Yavam wants to "divorce" the Ba'alas ha'Ma'amar before
Yibum, he must both give her a Get and perform Chalitzah.
(d) According to the conclusion of the Gemara (Yevamos 29b, as understood by
most of the Rishonim), Beis Shamai disagrees with what has been presented
above, and rules that Ma'amar effects a full acquisition of the Yevamah
*mid'Oraisa*, not only mid'Rabanan. According to some Amora'im, Beis Shamai
even rules that if the Yavam wants to divorce the Yevamah after Ma'mar, a
Get is enough and Chalitzah is not required (ibid.). [However, RASHI
(Yevamos 29b DH Hashta) explains that even according to Beis Shamai, Ma'amar
is only mid'Rabanan, see Insights ibid.] Other Tana'im are in doubt as to
whether Ma'amar effects an marriage to the Yevamah mid'Oraisa or only
mid'Rabanan (Rebbi Shimon, Yevamos 18b).
2) [line 6] BA'ALAS HA'GET (GET YEVAMIM)
(a) Just as Chazal enacted Kidushei Ma'amar for a Yevamah, so, too, they
enacted a Get Yevamim.
(b) If one of the surviving brothers performed Kidushei Ma'amar with the
Yevamah and then he decides to release her from the Zikas Yevamim through
Chalitzah, he must give her a Get Yevamim besides the Chalitzah.
(c) If the Yavam gives a Get to the Yevamah without first having performed
Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with
her, and he must perform Chalitzah.
3) [line 8] MAI D'AVAD BAH, SHAKLEI - the Ma'amar that he performed with
her, he removed
4) [line 13] HASAM D'LO MIDACHYA ME'HAI BEISA L'GAMREI - there (30a, 3rd
Mishnah), where the Yevamah is not entirely dismissed (lit. pushed away)
from her husband's house (since the third brother who is not married to one
of the sisters was required to perform Yibum or Chalitzah with her after the
first Nefilah, i.e. the death of the first brother)
5) [line 27] MITLA TALI V'KAI - is hanging, hovering
6) [line 29] ISUR CHAL AL ISUR
(a) An object that is already prohibited by one Isur Torah cannot become
prohibited by a second one (Ein Isur Chal Al Isur). However, there are a
number of possible exceptions to this rule that are debated by the Tana'im
1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to
prohibit the same object.
(b) According to Rebbi Shimon, an object that is already prohibited can
*never* become prohibited by another Isur, even if the second Isur is Kolel,
Mosif or Chamur.
2. Isur Kollel - The second Isur may take effect if it includes objects that
the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of
Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension
of Isur to the first (e.g. it prohibits the object to people who were not
included in the first Isur, or it makes the object Asur b'Hana'ah and not
just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take
effect on an object that is already prohibited by a less stringent Isur
(e.g. the prohibition of Gid ha'Nasheh is more stringent than the
prohibition of non-Kosher animals, since it applied to Benei Yakov when they
were still permitted to eat non-Kosher animals).
7) [line 32] NIDON B'ZIKAH HA'RISHONAH HA'BA'AH ALAV - he is sentenced to
the [punishment for the] first obligation that came upon him (which he
8) [line 1] ISUR MOSIF
See above, entry #6:3
9) [line 5] MIGO D'ITSAR B'CHULHU ACHVASA - since all of his wife's sisters
become forbidden to him (because of Achos Ishto), [the sister who is married
to his brother also becomes forbidden because of Achos Ishto]
10) [line 6] ISUR KOLEL
See above, entry #6:2
11a) [line 10] L'KOVRO BEIN RESHA'IM GEMURIM - to bury him together with
very wicked people, i.e. with those who had been put to death by Sekilah and
b) [line 11] RESHA'IM GEMURIM (ARBA MISOS BEIS DIN)
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din,
in their order of stringency are:
1. Sekilah (stoning)
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin
49b), the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.
2. Sereifah (burning with molten lead, which is poured down the throat)
3. Hereg (killing with a sword) (Sefer ha'Chinuch #50)
4. Chenek (strangulation) (Sefer ha'Chinuch #47)
(c) If a person commits two capital offences, he is put to death with the
more stringent of the two. If a number of people were sentenced to die
through different death penalties, and it is not know which sentence was
passed upon which person, Beis Din administers to all of them the least
stringent of the death penalties to which they were sentenced.
(d) Chazal instituted a practice of burying people who were sentenced to
capital punishment in two different cemeteries: one for those who were put
to death by Sekilah and Sereifah and one for those who were put to death by
Hereg and Chenek.
*12*) [line 12] SHE'SHIMESH B'SHABBOS - that is, in the service of a Korban
13) [line 14] HA'AVODAH - I swear (by the service of the Beis ha'Mikdash)
*14*) [line 22] SHE'SHIMESH B'TUM'AH - that is, in the service of a Korban
15) [line 33] MELIKAH
(a) Birds that were brought as Korbanos were not slaughtered from the neck.
Instead, the Kohen performed Melikah by cutting the back of the neck of the
bird with his right thumbnail, making sure to cut both Simanim (the trachea
and the esophagus) of the Olas ha'Of or one Siman (either one) of the Chatas
ha'Of. When performing Melikah on the Chatas ha'Of he would make sure not to
sever the entire neck of the bird.
(b) The Kohanim ate the meat of the Korban Chatas. If Melikah is done to a
bird that is not a Korban, the bird becomes a Nevelah and is forbidden to