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Yevamos 85

YEVAMOS 84-85 - The last two of four Dafim dedicated in honor of Dr. Charles and Rosalind Neustein, whose retirement to Florida allows them to spend even more time engaging in Torah study!

1) WOMEN ARE COMMANDED AS MEN

1. Question: "Sons of Aharon" - not daughters of Aharon - this teaches that women (Kohanos) are not commanded not to become Tamei'os.
i. This prohibition only applies to Kohanim, and if not for the verse, it would apply to women!
ii. Suggestion: It would apply to women because of Rav Yehudah's teaching!
2. Answer: No, we would have learned from "They will not take" that it applies to women.
(b) Answer #2 (To 4:d, 84B): ("A man or a woman" does teach, even prohibitions which do not apply to all of Yisrael, apply to women;) "They will not take" is needed so we will not learn from Tumah, that such prohibitions do not apply to women.
(c) Question: Are Kesheros commanded not to marry Chalalim?
(d) Answer (Rav Papa - Mishnah): 10 lineages came up from Bavel - Kohanim, Levi'im, Yisraelim, Chalalim, converts, freed slaves, Mamzerim, Nesinim, Shtuki (one whose mother is known, but not his father) and Asufi (one abandoned as a baby, his parents are unknown);
1. Kohanim, Levi'im and Yisraelim are permitted to intermarry; Levi'im, Yisraelim, Chalalim, converts and freed slaves are permitted to intermarry; converts, freed slaves, Mamzerim, Nesinim, Shtuki and Asufi are permitted to intermarry.
2. The Mishnah does not permit Kohanos and Chalalim to intermarry.
(e) Rejection (Rav Huna Brei d'Rav Yehoshua): The Mishnah taught cases where the men may marry the women, and the women may marry the men; since a Kohen may not marry a Chalalah, intermarriage of Kohanim and Chalalim was not taught.
(f) Rav Idi Bar Avin: Children! Rav Yehudah taught - a Chalalah may marry a Kohen.
2) WHO HAS A KESUVAH
(a) (Mishnah): Sheniyos mid'Rabanan...
(b) Question (Bnei Biri): A woman that is a Sheniyah to her husband, but not to her Yavam - does she receive a Kesuvah?
1. Since we learned, the Kesuvah of a Yevamah is collected from the property of the deceased - she does not have one;
2. Or, since we enacted a Kesuvah from the Yavam when there is no property from the deceased, here also!
(c) Answer (Rav Sheshes - Beraisa): The Kesuvah of a Yevamah is collected from the property of the deceased; if there is no property from the deceased, they enacted a Kesuvah from the Yavam;
1. If she was a Sheniyah to the deceased, she does not have a Kesuvah from the Yavam.
(d) Question (R. Elazar): A widow married to a Kohen Gadol, or a divorced woman or Chalutzah to a regular Kohen - do they receive food?
1. Question: What is the case?
i. Suggestion: If she is still married - she must leave him, should she be fed?!
2. Answer: The case is, he went overseas, and she borrowed money for food.
i. Do we say, food is a provision of the Kesuvah - since she has a Kesuvah, she has provisions;
ii. Or, do we say she has a Kesuvah, since this is received when she leaves; but we did not enact that she is fed, lest she remain married.
(e) Version #1 - Answer (R. Yochanan): She is not fed.
1. Question: But a Beraisa says, she is fed!
2. Answer: The Beraisa refers to after his death.
(f) Version #2 - Answer (R. Yochanan - Beraisa): She is fed.
1. Objection (R. Elazar): But she is standing to be divorced!
2. Response (R. Yochanan): But the Beraisa says, she is fed!
3. R. Elazar: The Beraisa refers to after his death.
3) WHICH WOMEN HAVE NO KESUVAH?
(a) (Beraisa): A widow married to a Kohen Gadol, or a divorced woman or Chalutzah to a regular Kohen - she has a Kesuvah, fruits (of her property), food, and remnants (of her property);
1. She is disqualified and her child is disqualified; we force him to divorce her;
(b) Sheniyos mid'Rabanan, she does not have a Kesuvah, fruit, food, nor remnants;
1. She is Kesherah and her child is Kosher; we force him to divorce her.
(c) R. Shimon Ben Elazar says, why did they say, a widow married to a Kohen Gadol, has a Kesuvah? Because he is disqualified (Rashi - while married to her, he is as a Chalal; Tosfos - the child is a Chalal), and she is disqualified; whenever they are both disqualified, he was fined, and must pay a Kesuvah;
85b---------------------------------------85b

1. Why did they say, Sheniyos mid'Rabanando not have a Kesuvah? Because he and she are Kesherim, and in such cases, she is fined and has no Kesuvah;
(d) Rebbi says, Torah prohibitions do not need strengthening (so she receives her Kesuvah); Rabbinic prohibitions need strengthening, (so she is fined);
(e) An alternative answer: A Kohen Gadol entices a widow to marry him, but a Sheniyah entices the man to marry her.
(f) Question: Who taught the alternative answer?
(g) Answer #1: R. Shimon Ben Elazar taught it; he explains, when they are disqualified, he must pay a Kesuvah, since (we assume that) he enticed her; when they are Kesherim, she loses her Kesuvah, since she enticed him.
(h) Answer #2: Rebbi taught it; he was bothered, why does a Chalutzah have a Kesuvah, it is a Rabbinic prohibition!
1. He answered, since he disqualifies her mid'Rabanan, he entices her; a woman only loses her Kesuvah in cases where she enticed him.
(i) Question: In what case do R. Shimon Ben Elazar and Rebbi argue?
(j) Answer #1 (Rav Chisda): A Mamzeres or Nesinah married to a Yisrael.
1. The one who says she has a Kesuvah when the prohibition is mid'Oraisa, says she has a Kesuvah;
2. The one who says it depends on who entices whom, here she entices (since her grandchildren can become permitted), so she has no Kesuvah.
3. Objection: According to R. Eliezer, who says that a Mamzer that married a slave, the child is a Mamzer slave (and her grandchildren cannot become permitted), she would not entice him!
(k) Answer #2 (Rav Yosef): They argue by one who remarries his divorced wife, after she married someone else.
1. The one who says she has a Kesuvah when the prohibition is mid'Oraisa, says she has a Kesuvah;
2. The one who says it depends on who entices whom, here she entices (since her children are Kosher), so she has no Kesuvah.
3. Objection: According to R. Akiva, that the child of Chayavei Lavin is a Mamzer, she will not entice him!
(l) Answer #3 (Rav Papa): They argue by a non-virgin married to a Kohen Gadol.
1. This is a Torah prohibition;
2. Here, she entices (since her children are Kosher).
3. Objection: According to R. Eliezer Ben Yakov, that a Chalal results from Chayavei Ase, she will not entice him!
(m) Answer #4 (Rav Ashi): They argue by one that remarries his wife after she became forbidden by being in seclusion and is suspected of adultery.
1. This is a Torah prohibition;
2. Here, she entices (since she remains Kesherah).
3. Objection: According to R. Masya Ben Charash, who says that even if he has relations with her on the way to make her drink, he makes her a Zonah, she will not entice him!
(n) Answer #5 (Mar Bar Rav): They argue by one that remarries his wife after she became forbidden by having adultery.
4) WOMEN THAT MAY NOT EAT TERUMAH OR MA'ASER
(a) (Mishnah): The following do not eat Terumah:
1. A Bas Yisrael that is engaged to, pregnant from, or Shomeres Yavam to a Kohen;
2. Similarly, a Bas Kohen engaged to, pregnant from, or Shomeres Yavam to a Yisrael.
(b) The following do not eat Ma'aser (Rishon):
1. A Bas Yisrael that is engaged to, pregnant from, or Shomeres Yavam to a Levi;
2. Similarly, a Bas Levi engaged to, pregnant from, or Shomeres Yavam to a Yisrael.
(c) Similarly, a Bas Levi engaged to, pregnant from, or Shomeres Yavam to a Kohen, or a Bas Kohen engaged to, pregnant from, or Shomeres Yavam to a Levi may not eat Terumah nor Ma'aser.
(d) (Gemara) Question: Even a non-Levi may eat Ma'aser!
(e) Answer (Rav Nachman): Our Mishnah is as R. Meir, who says that Ma'aser Rishon is forbidden to a non-Levi.
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