POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 5
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YEVAMOS 5 - generously sponsored by Lee and Marsha Weinblatt of
Teaneck, N.J. -- may Hashem protect them and all that is
theirs!
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1) THE SOURCE THAT A POSITIVE MITZVAH OVERRIDES A NEGATIVE MITZVAH
(a) Question: Tana d'Vei R. Yishmael learns from Tzitzis;
where do Chachamim learn from?
(b) Answer #1: From the Mitzvah for a leper to shave his head
(which transgresses cutting the Pei'os).
1. (Beraisa) "His head" - if not for this verse, one
would think that "Do not cut around the corners of
your heads" applies even to a leper purifying
himself.
i. The Tana holds that one who cuts all the hair
on his head transgresses cutting around the
corners.
(c) Objection: Only men may not cut the Pei'os - we cannot
learn from here that a positive Mitzvah overrides a
negative Mitzvah which applies to everyone!
(d) Answer #2: We learn from the Mitzvah for a leprous Kohen
to shave his beard (as part of his purification).
1. (Beraisa): If not for "His beard", one would have
thought that "They should not shave the corners of
their beards" applies even to a leprous Kohen.
2. Since we already learned that a positive Mitzvah
overrides a negative Mitzvah which does not apply to
everyone - this teaching must teach that even a
prohibition which applies to everyone may be
overridden.
(e) Objection: The verse is needed to teach that the leprous
Kohen may shave!
1. One might have thought, since the Torah gave extra
Mitzvahs to Kohanim, their extra Mitzvahs are not
overridden, even though they do not apply to
everyone!
(f) Answer #3: We learn from "His head" as the following
Tana.
1. (Beraisa): "A razor will not pass over his head (of
a Nazir)" - one might have thought that this applies
even if the Nazir is a leper;
2. "His head" teaches that even in such a case, the
Mitzvah for a leper to shave overrides the
prohibition for a Nazir to shave.
(g) Objection: The prohibitions of a Nazir are weaker, since
one can annul the Nezirus - we cannot learn from here in
general!
1. This objection must be valid - we hold that a
positive Mitzvah does not override a positive and
negative Mitzvah - why don't we learn from Nazir
that it does?!
2. Rather, we must say that we cannot learn from
prohibitions of a Nazir, since they can be annulled.
3. This objection shows that we cannot learn from here
that a positive Mitzvah overrides a negative
Mitzvah.
5b---------------------------------------5b
(h) Answer #4: Really, we learn from the adjacency of the
Mitzvah of Tzitzis to the prohibition of Shatnez.
1. Since it said "Gedilim (twined fringes)" instead of
"Tzitzis", it comes to show that we should learn
from the adjacency.
(i) Objection: It was necessary to say "Gedilim" to teach the
number of threads!
1. "Gedil" must be (at least) 2; "Gedilim", plural,
must be 4; and these should be folded onto each
other.
(j) Answer: It would have sufficed to say "Shatnez"; the
Torah added "Wool and linen" to show that we interpret
the adjacency.
(k) Objection: We need "Wool and linen" to teach that 2
stitches are considered connected, but not 1 stitch!
(l) Answer: The Torah could have said just "Wool and linen";
the word "Shatnez" was added to teach both.
(m) Objection: We need the word "Shatnez" to teach that it
must be SHuA, Tavuy, and NuZ (smoothed, spun and woven)!
(n) Answer: We learn everything from the word "Shatnez" (the
Torah could have said "Kilayim").
2) IS A SIN WITH KARES OVERRIDDEN?
(a) Question: We see that a regular Lav may be overridden.
Where do we find that a Lav with Kares is overridden (and
therefore, the Torah needed to say Aleha to teach that it
is not overridden for Yibum)?
1. We cannot learn from circumcision (which overrides
Shabbos) - 13 covenants were made on circumcision!
2. We cannot learn from the Korban Pesach - one who
neglects bringing the Korban Pesach gets Kares!
3. We cannot learn from the Tamid (daily sacrifice),
since this is a constant Mitzvah!
(b) Suggestion: We cannot learn from any 1 of these - perhaps
we can learn from a common side of 2 of them!
(c) Suggestion #1: Let us learn from circumcision and Pesach
- but both of these have Kares!
(d) Suggestion #2: Let us learn from Pesach and Tamid - but
these are needs of Heaven!
(e) Suggestion #3: Let us learn from circumcision and Tamid -
but these preceded the giving of the Torah!
1. This is as the opinion that the Olah offerings
brought in the wilderness were Tamid offerings.
(f) We cannot learn from all 3, since they all preceded the
giving of the Torah!
3) COULD WE LEARN FROM HONORING PARENTS?
(a) Answer #1 (To question 2(a) above): The Torah had to
write Aleha; otherwise, we would learn from honoring
parents that even a Mitzvah with Kares is overridden.
1. (Beraisa): One might think that honoring parents
overrides Shabbos - "A man will fear his parents,
and keep my Shabbosos" - all of you (even your
parents) must honor Hash-m!
2. Suggestion: The father told the child to slaughter
or cook; if not for the verse, we would say that
Shabbos is overridden!
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