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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 90
YEVAMOS 86-90 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) A RABBINICALLY MARRIED GIRL MAY EAT TERUMAH
(a) Question: She is allowed to eat Terumah (we see,
Chachamim uprooted a Torah law)!
(b) Answer: Only Terumah mid'Rabanan.
(c) (Beraisa): If a non-Kohen ate Tamei Terumah, he pays
Chulin Tehorim;
1. Sumchus says, if he paid Chulin Teme'im - if he did
not realize, the payment is valid; if he knew, it is
not payment;
2. Chachamim say, in either case it is payment, and he
must pay also pay Chulin Tehorim.
(d) Question: If he knew, his payment is not a payment - why
not?!
1. He should be blessed! He ate something which a Kohen
cannot eat when he is Tamei, and paid something
which is fitting for the Kohen when he is Tamei!
(e) Answer (Rava): The Mishnah was abbreviated - it means as
follows.
1. If he ate Tamei Terumah, he pays anything; if he ate
Tahor Terumah, he pays Chulin Tehorim;
2. Sumchus says, if he paid Chulin Teme'im, if he did
not realize, the payment is valid; if he knew, it is
not payment;
3. Chachamim say, in either case it is payment, and he
must pay also pay Chulin Tehorim.
(f) Question: Here, mid'Oraisa the payment is valid - if the
Kohen would engage a woman with it, she is engaged - and
Chachamim said, it is not payment, and they permit a
married& woman to marry someone else!
(g) Answer: No - 'It is not payment' means, he must also pay
Chulin Tehorim.
(h) Question: If so, Sumchus agrees with Chachamim!
(i) Answer (Rav Acha Brei d'Rav Ika): They argue whether we
fine unintentional bad payment on account of intentional.
2) REFRAINING FROM A MITZVAH
(a) (Beraisa): Blood (of a sacrifice) that became Tamei and
was thrown on the altar - if unintentionally, it is
accepted; if intentionally, it is not accepted.
1. (Beraisa): The Tzitz (headplate of the Kohen Gadol)
makes acceptable blood, meat and Chelev that became
Tamei, whether unintentionally or intentionally,
whether willingly or unwillingly, whether for an
individual or the congregation.
(b) Question: mid'Oraisa, in either case it is accepted -
Chachamim said (if intentionally) it is not acceptable -
the animal brought as compensation is Chulin in the
Mikdash!
(c) Answer (R. Yosi Bar Chanina): 'It was not accepted' just
means that the meat cannot be eaten, but the owners got
atonement (no other animal is brought).
(d) Question: In any case, the Mitzvah of eating the meat is
uprooted!
1. "They will eat ... in which they received atonement"
- this teaches, the Kohanim eat and the owners
receive atonement!
(e) Answer: Chachamim can command us to refrain from
performing a Mitzvah.
90b---------------------------------------90b
(f) Rav Chisda: I was going to ask you othaer cases of
Mitzvos that are uprooted - the cases of an Arel,
sprinkling, a circumcision knife, Tzitzis on a linen
garment, the sheep brought on Shavuous, shofar and lulav
- but now that you answered that refraining from a
Mitzvah is not considered uprooting a Mitzvah, the same
answer applies to all of these.
(g) Question: "You will listen to (a prophet)" - even if he
tells you to transgress a Mitzvah, as Eliyahu on Mount
Karmel, temporarily, listen to him!
(h) Answer: That is an exception, the Torah said, "Listen to
him"!
(i) Question: We should learn from it (that Chachamim may
uproot Mitzvos)!
(j) Answer: That is different - it is to correct a problem.
3) UPROOTING TO FIX A PROBLEM
(a) (Beraisa - Rebbi): If he declared the Get void, it is
void; R. Shimon Ben Gamliel says, he cannot void the Get,
nor add conditions to it - if he could, Beis Din has no
power!
(b) Question: mid'Oraisa, the Get is void - and because we
are concerned for the power of Beis Din, we permit a
married woman to get married?!
(c) Answer: Anyone who gets engaged, does so according to
Chachamim, and they uprooted his engagement.
(d) Question (Ravina): This explains one that engages with
money; but one that engages through relations, how can we
answer?
(e) Answer (Rav Ashi): Chachamim converted his engagement to
an act of extramarital relations.
(f) Question (Beraisa - R. Eliezer Ben Yakov): Beis Din can
lash and punish not according to Torah - not to
transgress Torah, but to make a fence for Torah.
1. There was a case of a man that rode on a horse on
Shabbos, in the days of the Yevanim, and Beis Din
stoned him - not because he deserved it, but because
it was necessary at the time.
2. A man had relations with his wife under a fig tree,
and was lashed for it - not because he deserved it,
but because it was necessary at the time.
(g) Answer: To correct a problem is different (this is not
called uprooting).
4) THE FINES WHEN THE HUSBAND RETURNS
(a) (Mishnah): Neither man becomes Tamei to engage in her
burial.
(b) Question: What is the source for this?
(c) Answer (Contradiction): "Only Lish'ero (to his close
kin)" - "Sh'ero" refers to his wife; and it says, "A
husband will not become Tamei...".
1. Resolution: A husband becomes Tamei for a permitted
wife, not for a forbidden wife.
(d) (Mishnah): Neither man has rights to objects she finds
...
1. Chachamim said that a man receives what his wife
finds, to avoid resentment - here, we are happy that
there should be resentment!
(e) (Mishnah): Nor her earnings ...
1. Chachamim said that a man receives his wife's
earnings, because he feeds her; here, he does not
feed her, he does not get her earnings.
(f) (Mishnah): They cannot annul her vows ...
1. The Torah said, a man can annul his wife's vows so
she should not become repulsive to him - here, we
are happy that she should be repulsive to him!
(g) (Mishnah): If she is a Bas Yisrael, she is disqualified
from Kehunah ...
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