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 88
YEVAMOS 86-90 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) ONE WITNESS IS BELIEVED
2) IF 2 WITNESSES SAID THAT HER HUSBAND DIED
1. Question: Why do Chachamim say he must bring a
sacrifice in the beginning of the Mishnah (when
there is 1 witness)?
(b) Answer #2 (To 4:c, 87B): Reasoning says that 1 witness is
believed, just as by a piece of meat, on which we are in
doubt if it is Chelev or permitted fat, and 1 witness
comes and says that it is permitted - he is believed.
i. Suggestion: If because the witness is believed
- but 2 witnesses are generally believed, yet
Chachamim exempt him when he contradicts them!
2. Answer: Rather, it is because his silence is as an
(c) Objection: Our case is different! There, it was never
established to be forbidden - here, she was established
as a married woman!
1. Also, 2 witnesses are required for a matter
(d) Rather, our case resembles a piece of meat known to be
Chelev, and 1 witness says, I am sure it is permitted fat
- he is believed.
(e) Objection: That is not as our case! There, even if 100
witnesses say it is permitted fat, they are not believed!
1. In our case, if 2 witnesses say he died, they are
believed - likewise, 1 witness should be believed,
as by Tevel, Hekdesh, and Konamos.
(f) Answer #3 (R. Zeira): Because of the stringency we put
upon her in the end (if her husband returns), we are
lenient on her in the beginning.
2. Question: What is the case of Tevel?
i. Suggestion: If the Tevel belongs to the witness
- he is believed, because he is able to fix it
(make it permitted by separating Terumah and
3. Answer: Rather, the Tevel belongs to someone else.
i. If he holds, one may take Terumah on another's
produce without his knowledge - the witness is
believed, because he can fix it!
4. Objection: Also from Hekdesh, we cannot learn that 1
witness is believed!
ii. If he holds, one may only take Terumah on
another's produce with his consent - from where
do we know that the witness is believed?!
i. If the Hekdesh has only monetary sanctity - he
is believed, because he can redeem it!
5. Objection: Also from Konamos, we cannot learn that 1
witness is believed!
ii. If the Hekdesh has intrinsic sanctity (it is a
sacrifice) - if it is his own, he is believed,
because he can annul his sanctification!
iii. Rather, it is not his own, and he says, he
knows that the owner annulled his
sanctification - from where do we know that the
witness is believed?!
i. If he holds that Me'ilah applies to Konamos,
and they have monetary sanctity - he is
believed, because he can redeem it!
ii. If he holds that Me'ilah does not apply to
Konamos, and a mere prohibition rests on them -
if it is his own, he is believed, because he
can annul having made the Konam!
iii. Rather, it is not his own, and he says, he
knows that the owner annulled the Konam- from
where do we know that the witness is believed?!
(g) Objection: We should be neither stringent at the end, nor
lenient at the beginning!
(h) Answer: We were lenient to enable her to get married.
(a) (Mishnah): She cannot remain with either husband ...
(b) (Rav): This only applies if she was married based on the
testimony of 1 witness; but if 2 witnesses testified, she
does not leave (the 2nd husband).
1. In Eretz Yisrael, they laughed at this - if the
husband returned, how can she remain married to
(c) Answer: The case is, we do not know that the man that
returned is her husband.
(d) Question: If so, if she was married based on 1 witness,
why can't she stay married?!
(e) Answer: The case is, 2 witnesses say, this is her
original husband, we were with him from when he left
until now - (all of) you do not recognize him!
1. (Rav Chisda): "Yosef recognized his brothers, and
they did not recognize him" - this teaches, he left
before his beard was complete, and later, it
(f) Question: Still, we have 2 witnesses saying that he died,
and 2 contradicting them - a person must bring an Asham
Taluy (the sacrifice for one in doubt if he transgressed
Chayavei Krisus) for relations with this woman (so why
may she stay married?)!
(g) Answer #1 (Rav Sheshes): She married one of the witnesses
that say that he died (since he is sure she is permitted,
he may remain with her).
3) WHEN SHE CONTRADICTS THE WITNESS
1. Question: She (who is unsure) must bring an Asham
Taluy (why may she remain married?)!
(h) Answer #2 (To 2:f, 88A - Rav Ashi): When Rav said, she
does not leave - it means, she does not lose her
permission to get married.
2. Answer: She says that she is sure that he died.
3. Question: If so, obviously she may stay married (why
did Rav have to teach this?)
i. Even R. Menachem b'Rebbi Yosi only said (that
he must divorce her) when she got married after
witnesses said that her husband was alive - but
if she got married before the witnesses came,
she may stay married!
4. Answer #1: Rav spoke in the case when witnesses came
before she married - he comes to teach that the law
is unlike R. Menachem b'Rebbi Yosi.
ii. (Beraisa -): 2 witnesses say that he died, 2
say that he did not die; 2 witnesses say that
she was divorced, 2 say that she was not
divorced - she may not get married; if she
married, she may stay married;
iii. `R. Menachem b'Rebbi Yosi says, if the
witnesses came before she got married, she must
leave; if they came after she got married, she
may stay married.
5. Answer #2: She may only stay married because she got
married before the witnesses came - had they come
before she got married, she would have to leave, as
R. Menachem b'Rebbi Yosi.
6. Question (Rava - Beraisa): "And you will sanctify (a
Kohen)" - against his will - this teaches, if he did
not want to leave a woman forbidden to him, Dafno
(we force him).
i. Question: What is the case?
7. Answer #1: Prohibitions of Kehunah (if her husband
is alive, she is a Zonah) are more stringent (than
the prohibition of a married woman).
A. Suggestion: If she did not marry a witness that
said her husband died, and she is unsure - of
course we force him (why must a verse teach
this by a Kohen?)!
ii. Answer: Rather, she married one of her
witnesses, and she is sure her husband died -
and the Beraisa teaches, we force him to
8. Answer #2: 'Dafno' means, we strive to find
witnesses (that the husband is alive) before he
9. Answer #3:The case is, the witnesses came before she
married, as R. Menachem b'Rebbi Yosi.
(i) Objection: But Rav already taught that!
1. (Mishnah): If she was married without permission (of
Beis Din), she may return to her 1st husband.
(j) Answer: Rav only said 1 of the 2 teachings - the other
was inferred from the one he said.
i. (Rav): This is the law.
(a) (Shmuel): She must leave if she does not contradict the
witness - but if she contradicts him, she may stay
4) WHEN IS A GET NEEDED
1. Question: What is the case?
i. Suggestion: If 2 witnesses say he is alive -
what she says means nothing!
2. Answer #1: Rather, 1 witness says he is alive - and
had she not contradicted him, she would have had to
3. Question: But Ula taught, wherever the Torah
believed 1 witness (such as the witness who says
that he died), he is as 2 - and 1 witness (who says
he did not die) is nothing against 2!
4. Answer #2: We are dealing with invalid witnesses
(that say he did not die), as R. Nechemyah.
i. (Beraisa - R. Nechemyah): Wherever the Torah
believed 1 witness, we go after the majority
opinion; 2 women against a man are as 2 men
against a man.
5. Answer #3: Really, the law is, if 1 Kosher witness
originally said that he died, even 100 women that
contradict him are as just 1 man; the case is, she
was married on the testimony of a woman.
i. We will explain R. Nechemyah thusly: Wherever
the Torah believed 1 witness, we go after the
majority opinion; 2 women against 1 woman are
as 2 men against a man; but 2 women against a
man is an even doubt.
(a) (Mishnah): She needs a Get from both men.
1. We understand, she needs a Get from her 1st husband.
2. Question: Why does she need a Get from the 2nd man -
it was mere extramarital relations!
3. Answer (Rav Huna): It is a decree, lest people say
that the 1st husband divorced her, and she married
the 2nd man, and now she leaves him without a Get.
4. Question: If so, in the continuation of our Mishnah
(92A), which teaches, 'They told her, your husband
died, and she got engaged; later, her husband
returned - she is permitted to return to him' - we
should also decree, lest people say, the 1st husband
divorced her, the 2nd engaged her, and she leaves
the 2nd man without a Get!
5. Answer #1: She needs a Get from the 2nd man.
i. Objection: If so, (it appears as if) the 1st
husband is remarrying his wife after she became
engaged to someone else!
ii. Answer: The Mishnah is as R. Yosi Ben Kipar,
who says that it is forbidden to remarry one's
divorcee after she married someone else, but it
is permitted if she only was engaged to someone