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 52
YEVAMOS 51-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) THE PROPER WAY TO DO YIBUM
(a) Question: The Mishnah said 'How is this' - but never
explained the case of Get after Get!
2) THE ENACTMENT OF MA'AMAR
(b) Answer (Rav Yehudah): The Mishnah says thusly: Get after
Get, and Ma'amar after Ma'amar - they are as in the
1. When there is only 1 Yevamah and 1 Yavam, how do we
fix things? If he gave Ma'amar and a Get, she needs
(c) (Mishnah): If he gave a Ma'amar and did Yibum, this is
how the Mitzvah should be done.
(d) Suggestion: This supports Rav Huna.
1. Rav Huna: The proper way do Yibum is to first engage
the Yevamah (with a Ma'amar).
(e) Rejection: There is no support - we can explain, this is
*also* a proper way to do Yibum.
(f) Objection: This is obvious!
(g) Answer: No, it is not.
1. It was said, a Ma'amar removes Zikah of Yibum and
makes her as an engaged girl. One might have
thought, there is no more Mitzvah of Yibum, just
(h) Rav Huna: The proper way do Yibum is to first engage the
Yevamah; if he first did Yibum, and then gave a Ma'amar,
he acquired her.
(i) Question: This is obvious, the Yibum acquired her!
(j) Correction: Rather say, if he did Yibum without a
Ma'amar, he acquired her.
(k) Question (Beraisa): If he does Yibum without a Ma'amar,
he is lashed (it must be, this does not fulfill the
Mitzvah of the Torah)!
(l) Answer: The lashes are only Rabbinical.
1. Rav lashes: One that engages through relations;
(m) (Nehardai): Rav only lashes for one that engages through
relations, and without prior arrangement.
2. One that engages in the market (in public);
3. One that engages without prior arrangement;
4. One that invalidates a Get;
5. One that tells witnesses that a Get he gave was
6. One that is brazen to a messenger of Chachamim;
7. One that endures excommunication for 30 days and
does not ask for it to be lifted;
8. And a husband that lives by his mother-in-law.
i. Question: Only for living by her, but not for
i) Rav Sheshes lashed a man that passed by
his mother-in-law's house!
ii. Answer: That man was suspected of relations
with his mother-in-law.
1. Some say, even with prior arrangement, because it is
(a) (Beraisa): How is Ma'amar done? He gave her money, or
something of monetary value;
(b) How is it done with a document?
1. Question: What is the question? As it was taught -
'He wrote to her on a paper, or on pottery, even
though it is not worth a Prutah - 'Behold, you are
betrothed to me''.
(c) Question (Abaye): He gave his Yevamah a Get, and said,
'You are divorced from me, and are not permitted to any
man' - what is the law?
2. Answer (Abaye): The Beraisa asks, how is a Kesuvah
of Yibum? He wrote, I, Ploni accept to feed and
support my Yevamah Plonis, but the Kesuvah is
collected from the property of the deceased.
i. If there is no property from the deceased, a
Kesuvah was enacted from the property of the
Yavam, so it should not be light in his eyes to
1. Do we say, a Get by a Yevamah is mid'Rabanan - only
a Get that works by a married woman works by a
(d) Answer (Rabah): We are concerned, it may be confused with
a proper Get.
2. Or, do we say it does forbid Yibum, lest it be
confused with a proper Get.
(e) Question (Rabah Bar Chanan): If so, even for giving her a
piece of paper, we should say that she may not do Yibum?!
(f) Answer (Rabah): A blank paper does not prohibit a girl to
a Kohen; the Get Abaye asked about forbids a girl to a
1. (Beraisa): "A woman divorced from her husband they
(Kohanim) will not marry" - even if she was only
divorced from her husband (and not permitted to
anyone), they may not marry her.
(g) (Rami Bar Chama): It was taught - A man asked a scribe to
write a Get to his engaged wife, to be given after
Nisu'in - the Get is valid, since he could divorce her
i. This is the scent of a Get, which forbids a
girl to Kehunah.
(h) If he tells him to write to a woman he is not engaged to,
the Get is invalid, since he cannot divorce her.
3) MA'AMAR AFTER CHALITZAH
(i) Question (Rami Bar Chama): What if he writes to his
1. Since she is tied to him, it is as his engaged wife,
and the Get is valid.
(j) Question (R. Chanina): One wrote a Get for the Zikah (to
prohibit Yibum), but not to undo his Ma'amar; or, to undo
his Ma'amar, but not to prohibit Yibum - what is the law?
2. Or, since he did not give a Ma'amar, we do not say
i. The question is unresolved.
1. Does Ma'amar add to Zikah - and this is like
divorcing half a wife?
(k) Suggestion: We can settle the question from Rava's law.
2. Or, do Zikah and Ma'amar exist by themselves?
1. (Rava): If a man gave a Get to undo his Ma'amar, the
Tzarah is permitted.
(l) Response: Rava was sure, but R. Chanina never resolved
(a) (Mishnah): If he did Chalitzah and gave a Ma'amar
(nothing takes effect after Chalitzah).
(b) (Rav Yehudah): This is as R. Akiva, who says that
engagement does not take effect between Chayavei Lavin;
but Chachamim say, things take effect after Chalitzah.
(c) Question: The Mishnah cannot be as R. Akiva!
1. (Earlier in the Mishnah): If he gave a Get and a
Ma'amar - she needs a Get and Chalitzah.
(d) Answer (Rav Ashi): A Get to a Yevamah is only mid'Rabanan
- the verse is only an Asmachta.
2. According to R. Akiva - once she got a Get, Ma'amar
would not take effect!
i. (Beraisa - R. Akiva): One who gives a Get to
his Yevamah may never do Yibum - "Her 1st
husband (cannot remarry her) after divorcing
(e) A Beraisa supports Rav Yehudah.
1. (Beraisa - Rebbi): Only R. Akiva, who considers a
Chalutzah as Ervah, says this - but Chachamim say,
things take effect after Chalitzah;
(f) (Beraisa - Rebbi): A man did Chalitzah, then engaged her.
If he intended for regular engagement, she needs a Get;
if it was as a Ma'amar of a Yevamah, she does not need a
2. I say, this only applies when he intended for
engagement; but if he intended for a regular Ma'amar
of a Yevamah, nothing takes effect after Chalitzah.
1. Chachamim say, in either case she needs a Get.
(g) (Rav Yosef): Rebbi holds, we made the Yavam as one that
is digging in the property of a convert (that died
without heirs, and the property is ownerless) and thinks
that the property is already his - he does not acquire
(h) Objection (Abaye): There, the digger has no intention to
acquire - here, the Yavam intends to acquire her!
(i) (Abaye): The proper analogy is a man that is digging in
the property of a convert, and thinks he is digging in
the property of a different convert, and he does acquire!
(j) (Abaye): Rather, the case is, he told her, be engaged to
me with this Ma'amar of Yevamin. Rebbi says, Ma'amar only
increases an existing Zikah; once Chalitzah ended Zikah,
the Ma'amar cannot take effect;
(k) Chachamim say, Ma'amar and Zikah are independent of each
1. If he initially said, be engaged to me with this
Ma'amar of Yevamin, would it not work? Now also
(after Chalitzah), it works!
(l) Objection (Rava): If he said, 'With this Ma'amar of
Yevamin', all would agree that it takes effect. The case
is, he said, be engaged to me with the Zikah of Yevamin.