POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Yevamos 15
1) AN ENACTMENT TO UNIFY THE SCHOOLS
(a) They were not able to complete the enactment in time.
(b) R. Shimon Ben Gamliel: What should we do for the earlier
1. If you say that Beis Shamai followed their
teachings, this is understandable.
(c) (Beraisa) R. Tarfon: I desire - when the Tzarah of a
daughter will come to my hands, I will marry her!
(Apparently, Beis Shamai followed their own teachings).
2. Question: If they didn't - what was his concern?
3. Answer (Rav Nachman Bar Yitzchak): He was only
concerned for the Tzarah herself.
i. What should we do for Tzaros of Beis Hilel
according to Beis Shamai?
ii. Suggestion: If we say that they should do
Chalitzah - this will make their husbands view
them with contempt!
iii. You cannot say we should do this - "(Torah's)
paths are pleasant ... its ways are peace"!
(d) Rejection: Rather, say, I will marry her off.
(e) Question: But he said, I desire!
(f) Answer: He desired to demonstrate that we do not hold as
R. Yochanan Ben Nuri.
(g) (Beraisa): There was an episode with R. Gamliel's
daughter that was married to his brother. His brother
died without children, and R. Gamliel did Yibum on the
(h) Objection: But R. Gamliel was from Beis Hilel!
(i) Answer: His daughter was an Ailonis.
(j) Objection: The Beraisa ends, 'others say, she was an
Ailonis' - we see, the first Tana says she was not!
(k) Answer #1: They argue whether the husband knew she was an
(l) Answer #2: They argue whether the Ervah prohibits the
Tzarah when she was divorced after her husband married
(m) Answer #3: They argue whether marital relations may be
done conditionally (i.e. if she is an Ailonis, they
should not make engagement).
(n) Question (Rav Mesharshei - Beraisa): It occurred that R.
Akiva picked an Esrog on the 1st of Shevat and took 2
tithes, one as Beis Shamai and one as Beis Hilel.
1. We infer, Beis Shamai followed their own teachings.
(o) Rejection: R. Akiva was unsure how Beis Hilel hold, if
Shevat 1 is the new year, or Shevat 15.
(p) Question (Mar Zutra): It occurred that Shamai's
daughter-in-law gave birth on Sukos. He enlarged the
Sukah to make room for the baby - this proves, they
followed their own teachings!
(q) Answer: One cannot learn in general - there, one who saw
would think he wanted more air.
(r) Question (Mar Zutra): There was a stone through which
water flowed into a Mikveh; all pure foods in
Yerushalayim relied on this Mikveh. Beis Shamai enlarged
the hole, since they hold that the majority must be open.
1. (Mishnah): Mikvehs may be joined by an opening the
size of a water-bag opening, namely a circle 2
2. We see, Beis Shamai followed their own teachings.
(s) Answer: There, it appeared that they wanted more water to
2) TZARAS ERVAH
(t) (R. Elazar Bar Tzadok): When I learned by R. Yochanan Ben
ha'Chorani ... I brought him olives, he saw that they
were wet, and said that he does not eat olives.
1. I was told to tell him that they were collected in a
porous basket which was sealed with sediment.
2. (Mishnah): A basket of densely packed olives - Beis
Shamai says, there is no need to puncture the
basket; Beis Hilel says, it must be punctured; they
admit, if it was punctured and sealed with sediment,
it is pure.
3. Even though R. Yochanan Ben ha'Chorani was from Beis
Shamai, he acted as Beis Hilel.
i. If we say that Beis Shamai followed their own
teachings, we understand why he said that R.
Yochanan acted as Beis Hilel.
ii. If they did not - there was no need to say
(a) (Beraisa): They asked R. Yehoshua, what is the law of a
Tzarah of a daughter.
1. R. Yehoshua: Beis Shamai and Beis Hilel argue on
(b) Question: If we say that they followed their teachings,
we understand R. Yehoshua's fear; if not, why was he
2. Questioner: Like whom is the law?
3. R. Yehoshua: Why do you want to put my head between
two great mountains, ... but I can testify about 2
great families in Yerushalayim, that came from
Tzaras Ervah (that married others without Yibum or
Chalitzah) and members of these families served as
(c) Counter-question: Even if they followed their teachings -
why was he afraid?
1. (R. Yehoshua): A Mamzer only results from Arayos
punishable by death.
(d) Answer: True, the child (of Tzaras Ervah) is not a Mamzer
- but a Kal v'Chomer teaches that he is blemished.
1. A widow that marries a Kohen Gadol, even though the
prohibition does not apply to all people, the child
is blemished - Tzaras Ervah, which applies to all
people, all the moreso the child is blemished!
(e) Question: R. Yehoshua was asked about Tzaras Ervah, and
he answered about the children?!
(f) Answer: They asked 2 questions.
1. What is the law of Tzaras Ervah?
(g) Question: Why did they ask the 2nd question (if the law
is as Beis Hilel)?
2. If the law is as Beis Hilel - What does Beis Shamai
hold by the children of Tzaras Ervah that married
without Yibum or Chalitzah?
(h) Answer: To deduce the law of a man that remarries his
divorcee after she married someone else.
1. Is this Kal v'Chomer valid? A widow that marries a
Kohen Gadol, even though the prohibition does not
apply to all people, the child is blemished -
remarrying one's divorcee, which applies to all
people, all the moreso the child is blemished!
I. Or, we can reject the Kal v'Chomer - the widow
herself becomes blemished; in our case, she