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Previous daf Yevamos 95
YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 30] NAGDEI - he sentenced him to Malkos (lashes)
2) [line 31] ASRITAH ALACH ISURA D'ALAM - I would have forbidden her (your
wife) to you forever
3) [line 37] MA'AMAR
(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") with 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. It is called
Ma'amar since it is an institution of the Chachamim ("Ma'amar Chachamim" --
HAGAHAH to SHULCHAN ARUCH Even ha'Ezer 170:2). 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 19b).
(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. Reish Lakish presents his explanation of
the Beraisa in our Gemara according to the opinion of Beis Shamai (TOSFOS DH
Avad). 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).
4) [line 39] EIN MA'AMAR ACHAR MA'AMAR - Ma'amar by one Yavam has no effect
once Ma'amar has been performed by another Yavam
5) [line 39] NASAN LAH GET - that is, it is possible to question Reish
Lakish's explanation of the Beraisa because the second Yavam can achieve the
same results of prohibiting the Yevamah to the Yavam who performed Ma'amar
without having relation with her. By giving the Yevamah a Get or performing
Chalitzah with her, she becomes prohibited to the first Yavam, a Halachah to
which even Raban Gamliel agrees.
6) [line 40] SOTAH
(a) A Safek Sotah is a woman who is suspected of committing adultery because
she was warned by her husband not to seclude herself with a certain man and
she violated the warning. The process of warning her in front of witnesses
is called Kinuy. The witnesses who see her seclude herself with the
suspected adulterer are called Eidei Stirah. The time of seclusion must be
at least for the time that it takes to roast an egg and swallow it. The
woman is forbidden to her husband and the alleged adulterer until she drinks
Mei Sotah (see (c), below).
(b) The husband must bring his wife to the Beis ha'Mikdash, along with a
sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal
as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the
Torah describing the curses with which a Sotah is cursed, out loud (in any
language that the Sotah understands) and makes the Sotah swear that she has
been faithful to her husband.
(c) An earthenware jug is then filled with half a Lug of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, causing the ink to
dissolve. The Sotah afterwards drinks from the water. If she was unfaithful
to her husband and had been defiled, the water would enter her body and
poison her, causing her belly to swell out and her thigh to rupture. If she
were faithful to her husband, she would remain unharmed and would become
pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in
the present day, she must be divorced and does not receive her Kesuvah.
*7*) [line 40] BA ALEHA BA'AL ASRAH ALEI D'BO'EL - when the husband lives
with her (after she committed adultery), she can no longer become permitted
to the alleged adulterer, since she may no longer drink Mei Sotah to
vindicate herself after unlawfully living with her husband -- TOSFOS DH
Ilema (however, see Insights)
*8*) [line 1] ESHES ISH - that is, Eshes Ish is considered to be a "weaker"
Isur than Achos Ishto, since an Eshes Ish could become permitted to marry
others even while her husband (who is the cause of her prohibition to the
world) is alive -- by becoming divorced. Achos Ishto, on the other hand, can
only become permitted after one's wife dies. (Even though living with an
Eshes Ish is certainly a "stronger" Isur, in the sense that "Nitma ha'Guf"
and "Isura b'Rov," nevertheless the Gemara accepts this Kal v'Chomer -- see
Tosfos, and Insights.)
9) [line 29] ISHTO V'GISO D'LEIKA L'MEIMAR TENA'AH HAVAH LEI B'NISU'IN
D'EINO POSEL AL YEDEI ACHER, EINO POSEL AL YEDEI ATZMO - Reuven is married
to Rachel and her sister Leah is married to Shimon. Rachel and Shimon travel
overseas and are thought to be dead, whereupon Reuven marries Leah. Since
Leah is prohibited to Reuven with an Isur Kares ("Achos Ishto") as long as
Reuven's wife (Rachel) is alive, everyone knows that Kidushin do not take
effect between Reuven and Leah. When Shimon returns people will not say that
"this one (Shimon) divorced her, and this one (Reuven) married her."
Therefore, Reuven does not have to give a Get to Leah, and his own wife does
not become Asur to him as "Achos Gerushaso." (See Chart #29)
10) [line 36] K'ESHES ISH V'ASURAH LA'YAVAM - the word "Yavam" refers to the
first brother who was Mekadesh the woman