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Rosh Kollel: Rabbi Mordecai Kornfeld


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Yevamos 51

YEVAMOS 51-55 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) WHY DOESN'T A GET WORK AFTER A GET?

(a) Question (Rava): Why does R. Gamliel say that Get does not work after Get, nor Ma'amar after Ma'amar?
(b) Answer #1 (Rava): R. Gamliel is unsure if Get pushes aside or not, and if Ma'amar acquires or not.
1. Regarding Get - if the first Get pushed aside - there is nothing left for the 2nd Get to do!
i. If the 1st Get didn't push aside, neither will the 2nd!
2. Regarding Ma'amar - if the first Ma'amar acquires - the 2nd Ma'amar cannot acquire!
i. If the 1st Ma'amar didn't acquire, neither will the 2nd!
(c) Question (Abaye - Beraisa): R. Gamliel admits, Get takes effect after Ma'amar, and Ma'amar after Get; Get takes effect after Yibum which followed a Ma'amar, and Ma'amar takes effect after Yibum which followed a Get.
1. If R. Gamliel was in doubt - Yibum in the middle should be like at the beginning, and nothing should take effect after it!
i. (Mishnah): When relations are at the beginning, nothing takes effect after them.
(d) Answer #2 (Abaye): R. Gamliel is certain that Get pushes aside and that Ma'amar acquires.
1. However, it was enacted that Get only pushes aside one side of the Yevamah; Ma'amar only acquires one side of her.
i. A 2nd Get doesn't work, since the 1st Get already pushed aside as much as a Get can.
ii. A 2nd Ma'amar doesn't work, since the 1st already acquired as much as a Ma'amar can.
2. A Get after a Ma'amar, or a Ma'amar after a Get - these do work, since one acquires, and one pushes aside.
i. Chachamim say, to each Yavam was enacted a power to acquire or push aside with a Ma'amar or Get.
(e) An invalid Yibum is in some ways better, and in some ways inferior to Ma'amar.
1. It is better than Ma'amar - Ma'amar does not work after Ma'amar, but Yibum does work after Ma'amar.
2. It is inferior to Ma'amar - Ma'amar acquires everything that a Get leaves over (i.e. and a subsequent Ma'amar does not work), whereas Yibum does not acquire all that Get leaves over (and Ma'amar takes effect after such a Yibum).
2) THE CASE OF GET AFTER GET, AND MA'AMAR AFTER MA'AMAR
(a) (Beraisa): In what case did R. Gamliel say that a Get does not take effect after a Get? 2 Yevamos fall to 1 Yavam; he gave a Get to each;
1. R. Gamliel says, he does Chalitzah to the first one he gave a Get to, and is forbidden to her relatives; he is permitted to the relatives of the other;
2. Chachamim say, he is forbidden to the relatives of both of them; he does Chalitzah to one of them.
i. The same applies when there are 2 Yevamim and 1 Yevamah.
(b) In what case did R. Gamliel say that a Ma'amar does not take effect after a Ma'amar? 2 Yevamos fall to 1 Yavam; he gave a Ma'amar to each;
1. R. Gamliel says, he gives a Get and does Chalitzah to the first one he gave a Ma'amar to, and is forbidden to her relatives; he is permitted to the relatives of the other;
2. Chachamim say, he gives a Get to each, and is forbidden to the relatives of both of them; he does Chalitzah to one of them.
i. The same applies when there are 2 Yevamim and 1 Yevamah.
(c) Question (from this Beraisa): R. Gamliel says, he does Chalitzah to the first one he gave a Get to - this contradicts Shmuel!
1. (Shmuel): If one does Chalitzah to the Yevamah that received a Get, her Tzarah is not exempted.
(d) Answer: Shmuel said his law according to the opinion that there is Zikah - R. Gamliel holds, there is not Zikah!
(e) Suggestion: If R. Gamliel holds there is not Zikah, Chachamim hold there is Zikah.
51b---------------------------------------51b

1. The end of the Mishnah teaches, the same applies to 2 Yevamim and 1 Yevamah.
2. Question: This contradicts Rabah Bar Rav Huna!
i. (Rabah Bar Rav Huna): A woman that did an invalid Chalitzah (i.e. Yibum was forbidden) must do Chalitzah with all the brothers.
3. Answer: No, Chachamim also hold there is not Zikah (and Rabah Bar Rav Huna said his law according to the opinion that says there is Zikah).
i. Chachamim argue with R. Gamliel regarding a Get after a Get, and a Ma'amar after a Ma'amar.
(f) (The above Beraisa): He gave a Ma'amar to each Yevamah; R. Gamliel says, he gives a Get and does Chalitzah to the first (one that received a Ma'amar), and is forbidden to her relatives; he is permitted to the relatives of the second.
(g) Question: Since R. Gamliel holds that a Ma'amar doesn't take effect after a Ma'amar, he should be allowed to do Yibum with the first!
(h) Answer: There is a decree not to, lest people come to do Yibum with the second.
3) THE TANA'IM THAT HOLD THAT MA'AMAR FULLY ACQUIRES
(a) (R. Yochanan): R. Gamliel, Beis Shamai, R. Shimon, Ben Azai, and R. Nechemyah all hold that Ma'amar fully acquires.
1. R. Gamliel - as above (A Ma'amar after a Ma'amar does not take effect.)
2. Beis Shamai - (Mishnah): 3 brothers, 2 are married to sisters, one is single. A married brother died; the single brother gave the Yevamah a Ma'amar, then the other married brother died. The Yavam may keep his wife (the Ma'amar is considered as full engagement), her sister is exempt, she is the sister of his wife.
3. R. Shimon - (Beraisa): R. Shimon said to Chachamim - If the Yibum of the first is considered Yibum - the Yibum of the 2nd is not;
4. If the Yibum of the first is not considered Yibum - neither is the Yibum of the 2nd!
i. Chachamim equated the Yibum of a 9-year-old to a Ma'amar - and R. Shimon says, the 2nd Yibum cannot take effect after the 1st!
5. Ben Azai - (Beraisa): Ben Azai says, a Ma'amar takes effect after a Ma'amar when there are 2 Yevamim and 1 Yevamah, but not when there are 2 Yevamos and 1 Yavam.
6. R. Nechemyah - (Mishnah): Yibum and Chalitzah have the same law - whether they come at the beginning, middle, or end, nothing takes effect after them.
i. An invalid Yibum is considered as a Ma'amar, and he says, nothing takes effect after it!
(b) (Mishnah): What is the case? He gave a Ma'amar ...
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