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Yevamos 51
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YEVAMOS 46-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [last line] EIN ZIKAH
(a) A woman whose husband dies without children is "Zekukah," that is,
connected or bound to the brothers of her husband for the purpose of
performing the Mitzvah of Yibum. She is prohibited to marry whomever she
wants until one of the brothers performs Chalitzah or Yibum with her.
(b) The Tana'im and the Amora'im argue with regard to the strength of the
bond of Zikah. Those who are of the opinion Yesh Zikah rule that the bond is
similar to the bond of a man with his betrothed or with his wife (even though
the prohibition against the Yevamah marrying a non-brother is only a Lav and
is not punishable with Kares or Chenek, as in the prohibition against living
with a married woman.) This comparison has certain ramifications:
1. Those who rule Yesh Zikah rule that just as a man is prohibited from
marrying his wife's sister, daughter, daughter's daughter, mother or mother's
mother, so, too, the Yavam is prohibited from marrying these relatives of the
Yevamah, while she is his Zekukah.
2. Another outcome of the opinion Yesh Zikah is that one Zekukah may become
classified as the Tzarah (co-wife) of an Ervah when there exists a *Zikah*
bond between the Ervah and the dead brother.
3. Some maintain that since the Zikah causes us to consider that the living
brother has already married his Yevamah, if a third brother is born before
the second one performs Yibum, this third brother is considered to have been
born *after* the Yibum of the second brother. (This applies only according to
Rebbi Shimon, who rules that if the third brother is born after the Yibum of
the second brother, the Yevamah is not considered an Eshes Achiv she'Lo Hayah
b'Olamo with regard to the third brother -- Yevamos 18b-20a.)
4. Finally, according to those who maintain Yesh Zikah, the Yavam may annul
(Hafarah) the vows of his Yevamah just as he may annul the vows of his wife
(Yevamos 29b).
(c) Those who rule Ein Zikah argue with the above reasoning and claim that
the bond of Zikah is not like the bond of betrothal or marriage; therefore,
the brothers-in-law are not prohibited from marrying the close relatives of
the Yevamah, etc. (However, the brothers-in-law may be prohibited from
marrying the close relatives of the Yevamah for another reason, namely,
because it is prohibited to avert the Mitzvah of Yibum and Chalitzah by
marrying a relative of the Yevamah and thereby exempting her from the need
for Yibum ("Asur l'Vatel Mitzvas Yevamin" -- see Background to Yevamos 26:5).
(d) Some opinions distinguish between the Zikah to one brother-in-law and the
Zikah to two or more brothers-in-law. That is, even if we rule Yesh Zikah in
the case of one surviving brother, when there are two or more brothers we
rule Ein Zikah (since a woman cannot be bonded through Zikah to more than one
husband). Similarly, there is a discussion in the Gemara if Zikah prohibits
the Yavam from marrying the close relatives of the Yevamah even after she
dies (Yevamos 17b). Even if we hold Yesh Zikah, though, when one brother
performs *Chalitzah* or *Yibum* to one of the Zekukos, the Zikah is entirely
removed from the others brothers and from the Tzaros retroactively (RASHI 23b
DH Ein Motzi'in) permitting them to marry each other's close relatives
(MISHNAH Yevamos 23b, 40b).
(e) Even those who maintain Yesh Zikah, and who prohibit the relatives of the
Yevamah to the Yavam, agree that this prohibition is only mid'Rabanan (Rashi
28b DH Mitzvah Avud; Rishonim 17b -- this is self-evident since even Achos
Chalutzah is only prohibited mid'Rabanan). There is one opinion, though, who
maintains Yesh Zikah *min ha'Torah* (Rebbi Shimon according to Rebbi Oshiya,
18b).
51b---------------------------------------51b
2) [line 4] CHALITZAH PESULAH TZERICHAH LACHZOR AL KOL HA'ACHIN
(a) If the brother-in-law of a man who dies childless is prohibited from
performing Yibum, the Chalitzah that he performs is called a Chalitzah
Pesulah, a marred, incomplete Chalitzah. According to those who maintain
"Yesh Zikah," Chalitzah Pesulah may not be sufficient by itself to permit the
Yevamah to marry whomever she wants, and to remove the bond of Zikah. Rather,
if a Yevamah receives a Chalitzah Pesulah, she and her Tzaros must all
receive Chalitzah from all of the other brothers-in-law.
(b) According to TOSFOS (Yevamos 26b DH v'Chalitzah), a Chalitzah it termed
"Chalitzah Pesulah" only if the brother-in-law who performs Chalitzah is
prohibited to the Yevamah because of the Isur of Achos Chalutzaso, or Achos
Zekukaso, since these prohibitions (that are Isurei Kurvah mid'Rabanan)
diffuse or weaken the Zikah of the Choletz. (See Insights to 27a).
3) [line 24] BI'AS BEN TESHA
(a) A male less than nine years of age is not considered to be capable of
having marital relations. When he reaches the age of nine, he is considered
able to have relations for all Halachic considerations.
(b) The ramifications of this are:
1. He acquires his Yevamah as his wife through marital relations;
2. He obtains the status of a Bo'el Nidah (see Background to Moed Katan
15:15) if he has relations with a Nidah;
3. If he is a Mamzer or a Nesin, he invalidates the daughter or wife of a
Kohen from eating Terumah by rendering her a "Zonah;"
4. If he has relations with an animal or an Ervah, they are put to death
because of him (MISHNAH and RASHI, Nidah 45a)
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