ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 41
YEVAMOS 41 (3 Shevat) - has been dedicated by Zvi and Tamarah Sand of Har
Nof, Yerushalayim, in memory of Tamarah's grandfather, Chanan (ben Chaim)
Bromberg, on his Yahrzeit.
(a) If the brother of someone who performed Chalitzah marries the
Chalutzah's sister and dies, the Chalutz is forbidden to perform Yibum with
her when he dies - because she is Achos Chalutzaso.
(b) The difference between a case where his brother married Achos Chalutzaso
and where he married Achos Gerushaso - is that the latter, since she is
Patur from Yibum mi'd'Oraysa, is Patur from Chalitzah too; whereas the
former, whose Isur to perform Yibum is only mi'de'Rabbanan, is obligated to
(a) According to Rebbi Yehudah ben Beseira - one instructs the brother who
betrothed the sister of his brother's Shomeres Yavam to wait until his
brother has performed either Yibum or Chalitzah, when he will be permitted
to marry her. He is not permitted to marry her immediately - because she is
(b) If ...
1. ... his brother performs Yibum or Chalitzah with the Yevamah - he is
permitted to marry her sister (to whom he is betrothed).
(c) Despite the fact that Achos Chalutzah is obligated to perform Chalitzah,
whereas Achos Gerushah is not - the Tana (Rebbi) says 've'Chein', to teach
us that Achos Chalutzah is a decree on account of Achos Gerushah.
2. ... the Yevamah dies - he is permitted to marry her betrothed sister.
3. ... the (sole) Yavam dies - the remaining brother must send away his wife
with a Get, and his Yevamah, with Chalitzah.
(d) Shmuel rules like Rebbi Yehudah ben Beseira - teaching us 'Yesh Zikah'
and that the Zikah is strong enough to forbid her sister on the Yavam.
(a) Rav and Rav Ivya both permit the Yavam of Rebbi Yehudah ben Beseira to
perform Yibum with the Yevamah, if her sister (his betrothed) died - because
they hold that a Yevamah who was permitted when she fell to Yibum, and who
then became forbidden and then permitted again, is ultimately allowed.
It appears that Shmuel and Rav Asi hold like Rebbi Elazar. Nevertheless, it
is possible to establish them like the Rabbanan - because the Rabbanan, in
their opinion, only argue with Rebbi Elazar in a case when the Yevamah does
*not* become forbidden after she has fallen to Yibum, whereas in our case,
where she *does*, even the Rabbanan will agree that will not become
(b) Shmuel and Rav Asi forbid it - because, in their opinion, a Yevamah who
is forbidden for one moment, remains forbidden permanently.
(c) Rav Hamnuna asked on Rav from the Mishnah on 29a. where the Ba'alas
Ma'amar, who had been permitted to her Yavam when her husband died, but who
became forbidden when her sister's husband (the Yavam's brother) died, and
who became permitted again when the sister died, remains forbidden. Rava
remained silent. He might have established that Beraisa like Rebbi Elazar -
who (even he concedes) holds that a Yevamah who is forbidden for one moment,
remains forbidden permanently (like Shmuel and Rav Asi), but declined to do
so, because maybe Rebbi Elazar speaks in a case when the Yevamah was already
forbidden before she fell to Yibum (like the case there, where the brother
divorced his wife, then remarried her and died), whereas in our case, the
Yevamah was permitted at the time when she fell.
(d) Rav later changed his mind, and did indeed establish the Beraisa like
Rebbi Elazar, who said in another Beraisa - that in the case of Rebbi
Yehudah ben Beseira, if his betrothed died, he must perform Chalitzah but
not Yibum (like Shmuel and Rav Asi).
(a) A Yevamah is forbidden to perform Chalitzah or Yibum until three months
after her husband's death - this extends to marrying the wife of a man who
died - whose wife one is not permitted to betroth or to marry within three
months of his death, either.
(b) Nor, according to the Tana Kama - does it make any difference whether
the woman is a Besulah, a Be'ulah, divorced, widowed, or whether she was
married or betrothed.
(c) Rebbi Yehudah permits married women to become betrothed and betrothed
ones to marry - except for in Yehudah, where the custom was for the
betrothed couple to become familiar with each other before the wedding (so
as to avoid embarrassment after they are married), and whom we therefore
suspect, may have had relations.
(d) Rebbi Yossi disagrees with Rebbi Yehudah - inasmuch as it is only a
married *divorcee* who is permitted to become betrothed within three months,
but not *a widow*, who is forbidden to marry during the first thirty days
after her husband's death, because it is a period of mourning.
(a) The Yevamah is forbidden to perform Yibum within three months of her
husband's death, because the baby might live, in which case the Yavam will
have contravened the Isur of Eishes Achiv. The prohibition of performing
Chalitzah is not necessarily because 'Chalitzas Me'uberes Lo Sh'mah
Chalitzah (a disproof to Rebbi Yochanan (who holds ' ... Sh'mah Chalitzah').
It could also be - because the baby may live and we will then require a
public announcement to invalidate the Chalitzah (so that she should be
permitted to marry a Kohen, and we are concerned about those people who were
at the Chalitzah but did not hear the announcement (as we learned above - on
(b) We try to reconcile Rebbi Yochanan with our Mishnah, despite the fact
that he has already been disproved once - so that, should we manage to find
an answer to the Kashya there, we will not have a problem from the Mishnah
(c) Even a Yevamah who was already divorced before marrying the Yavam's
brother (in which case, she is forbidden to marry a Kohen anyway) is
obligated to wait - for her own benefit, so that she should not be deprived
of the sustenance that she receives from her first husband (because the
moment the Yavam performs Chalitzah, she loses her sustenance).
(a) We ask on Rebbi Yochanan from a divorcee who was only *betrothed* to the
Yavam's brother (and who does not receive sustenance anyway), and we answer
that our Mishnah holds like Rebbi Yossi - who told a man who wanted to
perform Chalitzah during the three months that Yibum is forbidden, that the
Torah writes "Im Lo Yachpotz ... ", 'Ha Yachpotz, Yibeim' (meaning that
Chalitzah must have the option of Yibum, and where Yibum is forbidden, the
Yevamah does not go for Chalitzah either).
(b) Rebbi Yossi's ruling does not pose a Kashya on Rebbi Yochanan - who
confines the Derashah to Lechatchilah, where it is possible to wait, but
where it is not, there are many cases where Chazal required Chalitzah even
when Yibum is not possible. Consequently, if Bedieved one performed
Chalitzah, the Chalitzah is valid.
(a) When the Tana of another Beraisa writes 'Kol ha'S'feikos Choltzos ve'Lo
Misyabmos', he cannot be referring to a case of Safek Kidushin - because
there is no reason there why he should not be able to perform Yibum (since,
if the Kidushin was valid, then he will be performing Yibum with his
Yevamah, and if it was not, then it will be Kidushin with a strange woman).
(b) So he must be referring to case of Kideish Echad mi'Sh'tei Achyos.
When Rebbi Yossi taught that whoever cannot perform Yibum, cannot perform
Chalitzah either - he was referring to a case such as a Safek Me'uberes,
where Chazal decreed not to perform Yibum, even if Eliyahu were to inform us
that the woman is not pregnant; whereas in the case of Kideish Echad
mi'Sh'tei Achyos, if Eliyahu would enlighten us as to which one his brother
betrothed, she would be permitted to him. Consequently, one performs
(c) We prove this from a Yevamah Ketanah - who is obligated to wait three
months, even though we know that she is not pregnant.
(d) Chazal ruled 'Choletzes ve'Lo Misyabemes', such as Achos Chalutzaso -
because they are S'feikos that do not stand to become resolved (so what
point is there in waiting?); whereas the Safek of a Safek Me'uberes *will*.
(a) For the first three months, the Tana of the Beraisa teaches us, a
Yevamah is sustained out of her deceased husband's estate - from then on,
she receives no Parnasah at all, either from her deceased husband's estate
or from the Yevamah.
(b) She *is* however, sustained out of the Yavam's estate - if she served
the Yavam a writ to force his hand to perform either Yibum or Chalitzah with
her, and he ran away.
(c) Chazal differentiate between an ordinary widow, who is sustained from
her deceased husband's estate until she remarries, and a Yevamah, who is
only sustained for three months - because an ordinary Almanah can say that
she has deliberately remained unmarried due to the deep respect that she
felt for her husband; whereas a Yevamah is bound to the Yavam
(notwithstanding the fact that she is not fed from *his* estate either,
until the Yibum).
(d) If the Yevamah falls before a Yavam Katan, Rav Acha and Ravina argue
whether she is sustained beyond the three month period or not. We rule that
she is not - because her predicament is clearly a Divine punishment.