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1) A KOHEN GADOL THAT DOES YIBUM WITH A WIDOW

(a) If she was widowed from marriage, all agree that she does not exempt the Tzarah.

1. An Aseh does not override an Aseh and a Lav.

(b) They argue by a widow from engagement.

1. The opinion that says that she exempts the Tzarah - an Aseh overrides a Lav.
2. The opinion that says that she doesn't exempt the Tzarah - the Aseh doesn't override the Lav, since Chalitzah could be done.

(c) Question (Beraisa): If they did Yibum - he acquires her - refutation!
(d) Suggestion: Let us say that this refutes Reish Lakish (who says that when it is possible to fulfill both, the Aseh doesn't override the Lav).
(e) Rejection: No, Chalitzah is not considered a fulfillment of Yibum.

(a) Question (Rava): Where does the Torah hint at Sheniyos?
(b) Answer #1(Rava): "All the abominations Ha'el (harsh)" - implying, there are soft abominations, Sheniyos.

1. Question: How do we know that Ha'el means harsh?
2. Answer: "He took Eilei (the strong ones) of the land".

(c) Suggestion: This argues on R. Levi.

1. (R. Levi): The punishment for unjust measures is harsher than for Arayos.

i. By measurements, it says "Ha'eleh"; by Arayos, it says "Ha'el"; the former is harsher.

2. Question: It also says "Ha'eleh" by Arayos!
3. Answer: That comes to exclude unjust measures from Kares.
4. Question: Why are measures stricter?
5. Answer: One can repent for having sinned with Arayos, but not for having cheated with unjust measures.

(d) Answer #2 (Rav Yehudah): Sheniyos are hinted at in "He made handles, investigated and enacted many parables".

1. (Ula): Before Shlomo, the Torah was as a basket without handles; Shlomo made handles for it.
2. (R. Oshiya): "Increase the prohibition, and do not transgress".

i. (Rav Ashi): The parable for R. Oshiya's teaching is a man who has an orchard. If he guards it from the outside, it is totally guarded. If he guards it from the inside, what is in front of him is guarded, what is in back of him is not guarded.
ii. Rejection: Rav Ashi's analogy is inaccurate! Guarding a field from the inside, at least what is in front of him is guarded; without Sheniyos, people would stumble in Ervah itself!

(e) Answer #3 (Rav Kahana): "You will guard my guarding" - make a guarding for my guarding.
(f) Question (Abaye): If so, Sheniyos are mid'Oraisa!
(g) Answer (Rav Yosef): It is mid'Oraisa, but Chachamim explained it.
(h) Question (Abaye): Chachamim explain the entire Torah!
(i) Retraction: Rather, Sheniyos are Rabbinic; the verse is only an Asmachta.

(a) (Beraisa): These are the Sheniyos: His mother's mother, his father's mother, the wife of his father's father, the wife of his mother's father, the wife of his father's maternal brother, the wife of his mother's paternal brother, his son's daughter-in-law, and his daughter's daughter-in-law;
(b) A man may marry his father-in-law's (ex)wife, his step-son's wife;
(c) He is forbidden to marry his step-son's daughter; his step-son may marry the (ex)wife or daughter of his step-father.
(d) His step-son's wife says to him, I am permitted to you, my daughter is forbidden to you.
(e) Question: The daughter of his step-son is prohibited by the Torah!

1. "The daughter of (his wife's) son or daughter ...".
2. Answer: Since we wanted to teach later, His step-son's wife says to him, I am permitted to you, my daughter is forbidden to you - even though her daughter is forbidden mid'Oraisa, Chachamim did not decree against her.
3. Question: The wife of his father-in-law can also say, 'I am permitted to you, my daughter is forbidden to you', since she is his wife's sister!
4. Answer: The daughter of his step-son is always forbidden to him, so it was taught - the daughter of his father-in-law's wife is only prohibited in the life of his wife, so it was not taught.

(a) (Rav): 4 Sheniyos do not extend to all generations.

1. Rav was sure about 3 of them: the wife of his mother's paternal brother, the wife of his father's maternal brother, and his daughter-in-law;
2. Ze'iri added, the wife of his mother's father.

i. (Rav Nachman Bar Yitzchak): A way to remember this - what is above (the Sheniyos of) Rav.

3. Question: Why didn't Rav list this case?
4. Answer: She is confused with the wife of the father's father.

i. Ze'iri is not concerned for her - a man is frequent in his father's house, and will not err; he is infrequent in his mother's house, and may err.

(b) Question: A daughter-in-law is a Torah prohibition (why did Rav list it among Sheniyos)?
(c) Correction: Rather, the daughter-in-law of his son.
(d) Question: Is the daughter-in-law of his son really a limited prohibition?

1. (Beraisa): His daughter-in-law - Ervah; the daughter-in-law of his son - Sheniyah; this applies to his son, his son's son for all generations.

(e) Correction: Rather, the daughter-in-law of his daughter.

1. (R. Ami): The daughter-in-law was only prohibited because of the daughter-in-law.
2. (Rav Chisda): The explanation is - the daughter-in-law of the daughter was only forbidden on account of the daughter-in-law of the son.
3. (Abaye): For example, the daughter-in-law of Bar Tzisai's house (that was a daughter-in-law of the son and of the daughter).

(a) Question: What is the law of the wife of the mother's maternal brother?

1. The wife of the father's maternal brother, and the mother's paternal brother, which have a paternal side, were decreed upon; but when there is no paternal side, Chachamim made no decrees; or, do we not distinguish?

(b) Answer (Rav Safra): When there is 1 paternal side - that is a decree - will we make a decree on a decree?!
(c) Objection (Rava): All these cases are decrees on a decree!

1. His mother is Ervah; his mother's mother is a Sheniyah; we decreed on the mother of the father on account of the mother of the mother!

i. This is because they are all called grandmothers.

2. The wife of his father is Ervah; the wife of his father's father is a Sheniyah; we decreed on the wife of his mother's father on account of the wife of his father's father.

i. This is because they are all called wives of grandfathers.

3. The wife of the paternal brother of the father is Ervah; the wife of the maternal brother of the father is a Sheniyah; they decreed on the wife of the paternal brother of the mother on account of the wife of the maternal brother of the father.

i. This is because they are all wives of his uncle.

(d) The question remains: is the wife of the maternal brother of the mother forbidden?
(e) (Rav Yehudah Bar Shila): In Eretz Yisrael, they say that whenever the female is Ervah, they decreed that by a male, his wife is a Sheniyah.
(f) Objection (Rava): Is this always true?

1. A mother-in-law is Ervah; the wife of his father-in-law is permitted!
2. The daughter of his mother-in-law is Ervah; the wife of the son of his mother-in-law is permitted!
3. The daughter of his father-in-law is Ervah; the wife of the son of his father-in-law is permitted!
4. His step-daughter is Ervah; the wife of his step-son is permitted!
5. The daughter of his step-daughter is Ervah; the wife of the son of his step-daughter is permitted!

(g) Suggestion: Wasn't Rav Yehudah Bar Shila coming to include the wife of the maternal brother of the mother - whenever the female is Ervah, they decreed that by a male, his wife is a Sheniyah.
(h) Question: Why is this case different (than Rava's cases in which they did not decree?)
(i) Answer: This case only involves 1 engagement; Rava's cases come through 2 engagements.
(j) Question (Rav Mesharshiya): The wife of the brother of the father of the father, and the sister of the father of the father - are these Sheniyos?

1. Since there is Ervah in the lower generation, we decreed;
2. Or, perhaps these are distant generations, and no decree was made.

(k) Answer (Rav Papi): The Mishnah lists the Sheniyos, and omits these cases!
(l) Rejection: The Tana omitted cases.
(m) Question: What else did he omit?
(n) Answer: The Sheniyos of R. Chiya (Daf 40).
(o) Ameimar permitted the wife of the brother of the father of the father, and the sister of the father of the father.
(p) (Rav Hillel): I saw the Sheniyos of Mar Brei d'Ravna; there are 16.

1. Suggestion: These are the 8 of our Mishnah, 6 of R. Chiya, and our 2 in question!
2. Counter-question: You should count 17 - there is also the wife of the maternal brother of the mother, whom we concluded is forbidden!