ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 9
YEVAMOS 6, 7, 8, 9 (Chanukah) - dedicated by Uri Wolfson and Naftali Wilk in
honor of Rav Mordechai Rabin of Har Nof, a true beacon of Torah and Chesed.
(a) One brings a Chatas - for a La'av which, if performed deliberately,
would earn Kareis.
(b) The Sanhedrin (also referred to as the Tzibur) bring a Par He'elam Davar
for most Chayvei Kareis performed be Shogeg.
(c) For most sins ...
(d) For the sin of Avodas Kochavim, a Yachid, Nasi and Kohen (Gadol)
Mashi'ach bring a he-goat - the Sanhedrin bring a bull for an Olah and a
goat for a Chatas.
- ... a Yachid - brings a she-lamb or a she-goat.
- ... the Nasi (the king) - a he-goat.
- ... the Kohen (Gadol) Mashi'ach and the Sanhedrin - a bull.
(a) Rebbi learns from the 'Gezeirah-Shavah' "ve'Nod'ah ha'Chatas Asher
Chat'u *Alehah*", "Alehah" (by Achos Ishto) - that just as the latter speaks
in a case for which one is Chayav Kareis be'Meizid (and whose Shogeg is
Chayav Chatas - see Tosfos DH 'Mah'), so too, the former case, which comes
to be Mechayev Chatas, speaks in a case where one is Chayav Kareis
(b) The Pasuk "ve'Nod'ah ha'Chatas Asher Chat'u Alehah" speaks by the
Sanhedrin (Tzibur). We learn Kohen Mashi'ach from "le'Ashmas ha'Am" (which
compares the Kohen Mashi'ach to the Tzibur) - and Yachid and Nasi from a
'Gezeirah-Shavah' "Mitzvos" (which is written by both of them) from
"Mitzvos" (by Tzibur).
(c) We learn Tzibur by Avodas Kochavim from the 'Gezeirah-Shavah'
"me'Einei", "me'Einei" (from Par He'elam Davar of other Aveiros) - and
Yachid, Nasi and Kohen Mashi'ach from "ve'Im Nefesh Achas Techeta ... ",
because the 'Vav' connects the latter Parshah to the former one (of Tzibur),
and "Nefesh Achas" incorporates all three.
(a) These D'rashos are confined to Rebbi, who does *not* need "Alehah" to
preclude Achos Ishto from Yibum. The Rabbanan, who *do*, learn Z'dono Kareis
ve'Shigegaso Chatas like Rebbi Yehoshua, who quoted to his son, the Pasuk
"Torah Achas Yihyeh Lachem la'Oseh bi'Sh'gagah ... ve'ha'Nefesh Asher
Ta'aseh be'Yad Ramah" - which compares the rest of the Torah (vis-a-vis the
bringing of a Chatas) to the sin of Avodah-Zarah (the context of the latter
Pasuk) which is Chayav Kareis (see Tosfos DH 'Mah').
(b) This covers Yachid, Kohen Mashi'ach and Nasi both as regards Avodas
Kochavim and as regards other Aveiros. From ...
1. ... "ve'Im Nefesh" - we learn Tzibur by Avodas-Kochavim ...
(c) Rebbi learns from the Hekesh "Torah Achas Yihyeh Lachem la'Oseh
bi'Sh'gagah ... ve'ha'Nefesh Asher Ta'aseh be'Yad Ramah" - that if all the
residents of a town serve Avodah-Zarah be'Shogeg, they have the Din of
Yechidim, each of whom must bring a she-goat.
2. ... and from "me'Einei" me'Einei" - Tzibur by other Mitzvos.
(a) Rebbi needs to make the previous D'rashah in order to avoid learning
Shogeg from Meizid, which differentiates between individuals who serve
Avodah-Zarah and an entire town. The difference between a them regarding ...
1. ... the punishment - is that the former are sentenced to Sekilah, the
latter, to Sereifah.
(b) An entire town who serve Avodah-Zarah bring a she-goat - and it is only
the whole of (or the majority of) Yisrael that constitutes a Tzibur, who
bring a Par le'Olah and a Sa'ir le'Chatas.
2. ... their property - is that what belongs to the former is spared,
whereas what belongs to the latter is destroyed.
(c) But how could we even think that, if not for "Torah Achas ... ", an
entire town bring a Korban that is different than a Yachid, asks Rebbi
Chilkiyah from Hagrunyah - seeing as each possible Korban is brought by
someone else: a bull is brought by a Tzibur in the case of other sins, a
she-lamb or a she-goat, by a Yachid in the case of other sins, a he-goat, by
a Nasi in the case of other sins, and a bull for an Olah and a goat for a
Chatas, by the Tzibur in the case of Avodas-Kochavim.
(d) *One* answer is for them to bring a lamb for an Olah and a bull for a
Chatas (the opposite of a Tzibur) - the other, explains what we are saying
to mean that, if not for "Torah Achas ... ", the residents of the city that
served Avodas-Kochavim would need to bring a Korban, but would not be able
to (because there is no Korban for them to bring).
(a) When Levi asked Rebbi why the Tana lists only *fifteen* Arayos in our
Mishnah, and not *sixteen* - he had in mind to ask why the Tana precludes
his mother who was not married to his father, but who was raped by him.
(b) Rebbi did not like Levi's query however - because according to Rebbi
Yehudah, she could not possibly fall to Yibum, because in his opinion, a man
is forbidden to marry a woman whom his father raped (as we learned above (on
4a.), and the Tana in Yevamos does not include any case that involves a
(c) As we learned in our Mishnah, the Yavam performs neither Yibum nor
Chalitzah in the fifteen cases listed there. The Chachamim of Rebbi Akiva
say that one must perform Chalitzah with an Isur Mitzvah (Sheni'os
la'Arayos - which will be discussed there) and an Isur Kedushah (Chayvei
La'avin, such as a Mamzeres or a Nesinah), but not Yibum.
(a) According to Rebbi Akiva in Perek ha'Choletz, one performs neither Yibum
nor Chalitzah with either of them. When Rebbi says that the Tana in Yevamos
never deals with cases that involve Machlokes - he means in the first Perek
(b) Nevertheless, the Tana later in this Perek quote the Machlokes between
Beis Shamai and Beis Hillel concerning whether the Tzaros are permitted to
the other brothers or not - because of the principle 'Beis Shamai be'Makom
Beis Hillel, La'av Mishnah Hi'.
(c) The Tana nevertheless mention Eishes Achiv she'Lo Hayah be'Olamo, with
which Rebbi Shimon disagrees, and requires Chalitzah - because the dispute
is confined to a case where the brother was born after the second brother
had already performed Yibum (in which case the Yevamah was never actually
forbidden to him), but in a case where she was actually a Yevamah when he
was born, Rebbi Shimon agrees that he is Patur from Chalitzah (and that is
the case referred to in our Mishnah).
(d) Rebbi Oshaya, who maintains that Rebbi Shimon argues with the Chachamim
even in *that* case - is proved wrong.
(a) The Mishnah in Perek Arba'ah Achin says that if two out of four brothers
who were married to two sisters both died, the two remaining brothers are
Patur from Yibum and Chalitzah - because each one is Achos Zekukaso, which
Chazal forbade because of its similarity to Achos Ishto be'Chayehah.
(b) If one of the sisters is an Ervah to one of the brothers (e.g. his
mother-in-law or daughter-in-law) ...
1. ... - *he* may perform either Yibum or Chalitzah with her sister (because
she is not Achos Zekukaso) ...
(c) When Rav Yehudah Amar Rav and Rebbi Chiya quoting a Beraisa say
'be'Chulan Ani Korei Bahen ha'Asurah la'Zeh Muteres la'Zeh' - they mean that
what we just said (that in the case of the two sisters, the one that is
forbidden to the one brother, is permitted to the other) cuts right through
our Mishnah, and applies to all fifteen cases.
2. ... - whereas his brother may perform neither.
(a) 'ha'Asurah la'Zeh Muteres la'Zeh' by Bito is only possible by Bito
me'Anusaso, but not by Bito me'Ishto - because if Reuven married and had a
daughter, there is no way that Shimon his brother could possibly marry her
during his life-time.
(b) The case would therefore be - if Reuven raped a woman from whom a
daughter was born, and Shimon then raped the same woman and he too, had a
daughter from her. Then Levi and Yehudah (Reuven and Shimon's brothers)
married the daughters and died, Reuven's daughter is permitted to Shimon and
Shimon's, to Reuven.
(c) And when Rav Yehudah Amar Rav and Rebbi Chiya quoting a Beraisa say
'va'Achosah she'Hi Yevimtah Choletzes O Misyabemes - they mean that,
although the two women are sisters, they are not forbidden even from
performing Yibum, because of Achos Zekukuso.
(a) Rav Yehudah disagrees with Rav. He confines 'ha'Asurah la'Zeh Muteres
la'Zeh' to the cases in our Mishnah from Chamoso and onwards, but not to ...
1. ... Bito - because, as we just explained, it applies only to Bito
me'Anusaso, and the Tana is not dealing with cases of Anus.
(b) Abaye disagrees with Rav Yehudah (and applies it to the first six cases,
too) - because, seeing as it is applicable to Bito, what difference does it
make whether it is Bito me'Ishto or Bito me'Anusaso?
2. ... to the next five cases (that evolve from Bito) in the Mishnah -
because they are all branches of Bito (even though, in reality, the
statement *will* in fact, apply to them).
(c) Abaye agrees however, that we cannot apply Rav and Rebbi Chiya's rule to
Eishes Achiv she'Lo Hayah be'Olamo - because it is only according to Rebbi
Shimon that it is possible for the Eishes Achiv of one brother who was born
after the death of his brother to be permitted to another brother who was
born later, but not according to the Rabbanan.
(d) Rav Safra applies it also to Eishes Achiv she'Lo Hayah be'Olamo (like
Rav Yehudah Amar Rav and Rebbi Chiya, who say 'be'Chulan ... '), when there
are six brothers. Based on the Siman 'Meis, Nolad ve'Yibeim, Meis Nolad
ve'Yibeim', the case is when Reuven and Shimon married two sisters. Reuven
died and before Shimon, Levi or Yehudah made a move, Yisachar, a new
brother, was born. Reuven's Yevamah is forbidden to Yisachar when he grows
up, even according to Rebbi Shimon. Levi then performed Yibum, following
which Shimon died and his wife became a Yevamah. When Zevulun (a new
brother) is subsequently born, Shimon's wife is forbidden to him, but
permitted to Yisachar. Finally, Yehudah performs Yibum with Shimon's wife,
after which both he and Levi die. It has already been established that the
Yevamah of Levi (originally Reuven's wife) who is forbidden to Yisachar, is
permitted to Zevulun; whereas the Yevamah of Yehudah, who is forbidden to
Zevulun, is permitted to Yisachar.