POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Yevamos 36
YEVAMOS 36 & 37 - sponsored by Hagaon Rav Yosef Pearlman of London, a living
demonstration of love for and adoration of the Torah.
1) YIBUM AND CHALITZAH OF A PREGNANT WOMAN
(a) (Rava): We hold, any woman fit for Yibum is fit for
Chalitzah; one not fit for Yibum is not fit for
2) WHERE THE LAW IS AS REISH LAKISH
(b) Answer #2 (Rava): The Beraisa reads thusly: One who does
Yibum, and she is found to be pregnant, the Tzarah does
not marry, lest the baby is viable, and the Yibum and
Chalitzah of a pregnant woman are invalid, and a baby
does not exempt until it is born.
1. A Beraisa supports Rava: One who does Yibum, and she
is found to be pregnant, the Tzarah does not marry,
lest the baby is viable, and the Yibum and Chalitzah
of a pregnant woman do not exempt, only the baby,
and a baby does not exempt until it is born.
(c) R. Elazar: Can it be, Reish Lakish's law is correct but
is not learned in a Mishnah?
2. The concern is lest the baby is viable - if it is
not, the Tzarah is exempt!
3. Suggestion: This refutes Reish Lakish!
4. Rejection: Reish Lakish can say, the Beraisa reads
thusly: One who does Yibum, and she is found to be
pregnant, the Tzarah does not marry, lest the baby
is *not* viable, and the Yibum and Chalitzah of a
pregnant woman are not valid;
i. If you will say, we should go after most women,
who have viable babies - the baby does not
exempt until he is born.
1. R. Elazar later found that it is.
(d) (Mishnah): Leah's husband and Tzarah went overseas.
Witnesses tell Leah that her husband died. She may not
get married or do Yibum, until she learns if her Tzarah
1. We understand, she cannot do Yibum - perhaps her
Tzarah will have a viable baby, and Leah is
forbidden mid'Oraisa to the Yavam, she is his
brother's wife (with no Mitzvah of Yibum).
(e) A Beraisa supports Reish Lakish.
2. Question: Why can't she do Chalitzah?
i. We understand, she cannot do Chalitzah and
marry within 9 months - this is our doubt
(perhaps the Tzarah is pregnant with a viable
3. Counter-question: No matter how you hold - why can't
she do Chalitzah after 9 months, and then marry!
ii. Why can't she do Chalitzah within 9 months, and
marry after 9 months?
4. Answer: One cannot bring proof from this Beraisa -
Abaye Bar Aba explained, the concern is, lest the
Tzarah will have a viable baby, and we will need a
proclamation that Leah is permitted to a Kohen
(since the Chalitzah was invalid).
i. Question: What is wrong with such a
5. Objection (Abaye): The Beraisa does not say she may
not do Chalitzah or Yibum - it says, she may not
marry nor do Yibum - that is, without Chalitzah!
ii. Answer: Perhaps someone saw the Chalitzah and
did not hear the proclamation, and he will
think that a Chalutzah is permitted to a Kohen.
i. If she does Chalitzah, she is permitted!
1. (Beraisa): One who does Chalitzah to a pregnant
woman, and she miscarries - she needs Chalitzah from
(a) (Rava): The law is as Reish Lakish in 3 places (where he
argues on R. Yochanan); this is 1 of them.
(b) The second place - (Mishnah): One who orally gives away
his property - if he gave more to one (brother) than
another, or gave the firstborn a single share, his words
1. If he said this is the inheritance, his words are
void; if he wrote that it is a gift, be it at the
start, end or middle, his words take effect;
3) DIVORCING A WOMAN IMPROPERLY MARRIED.
2. (Reish Lakish): He does not acquire until he says,
'Ploni and Ploni will inherit fields A and B, that I
gave to them as a gift and they will inherit them.'
(c) The third place - (Mishnah): One who writes 'All my
property should go to my son after I die' - the father
cannot sell because he gave them to the son; the son
cannot sell because they are in the jurisdiction of the
1. If the father sold, they are sold until he dies; if
the son sold, the buyer gets nothing until the
2. The son sold in the life of the father, and the son
died in the life of the father. R. Yochanan says,
the buyer does not acquire it - the (father's) right
to eat fruits is like owning the land itself (so the
son's sale is null);
3. Reish Lakish says, the buyer acquires it - the right
to eat fruits is not like owning the land itself.
(a) (Mishnah): If the baby is not viable ...
(b) (Beraisa - R. Eliezer): He expels his wife with a Get.
(c) (Rava): R. Meir and R. Eliezer hold similarly.
1. (Beraisa - R. Meir): A man may not marry a woman
pregnant or nursing a baby from another man. If he
did, he must divorce her and may never remarry her;
Chachamim say, he must divorce her, but may remarry
her at the proper time.
(d) Objection (Abaye): They may differ! Perhaps R. Eliezer
only said his law because he transgressed a Torah law,
his brother's wife; by a Rabbinic law, he may hold as
1. Perhaps R. Meir only said his law by a Rabbinic
prohibition - Chachamim strengthened their words
more than mid'Oraisa laws; by a mid'Oraisa law, it
may suffice to separate without a Get!
(e) (Rava): Chachamim say, he must give her a Get.
(f) (Mar Zutra): The language of the Mishnah proves this - it
says, he *expels* her, not he *separates* from her.
(g) (Rav Ashi): A Mishnah teaches, R. Shimon Ben Gamliel
says, any baby that lives 30 days is viable; less than 30
days, we are in doubt.
1. The only child of the deceased died within 30 days;
the widow became engaged.
(h) (Rav Mesharshiya citing Rava): In either case she must do
Chalitzah with the Yavam.
i. (Ravina citing Rava): If the new husband is a
Yisrael, the Yavam does Chalitzah to her; if he
is a Kohen, she does not need Chalitzah;