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 94
YEVAMOS 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) 1 WITNESS BY A YEVAMAH
(a) Answer #1(Rav Sheshes - Mishnah): A woman's husband and
son went overseas. They told her that her husband died,
and then her son died. She got married; later, they told
her the son died first - she must leave her husband, and
children she had from him, both the first and last, are
2) A MAN THAT MISTAKENLY MARRIED HIS WIFE'S SISTER
1. Question: What is the case?
(b) Rejection: There is no proof - we can say as Rav Acha Bar
Minyomi said (elsewhere), with Adim Zomemim (the 2nd
witnesses said that the 1st witnesses could not have seen
their testimony, since they were elsewhere at that time).
2. Suggestion: 2 witnesses told her the 1st time, and 2
witnesses later contradicted them.
3. Objection #1: Why believe the 2nd witnesses and not
4. Objection #2: The child is only a doubtful Mamzer!
i. Suggestion: Perhaps the Tana was not so exact.
5. Answer: Rather, 1 witness told her the 1st time; had
2 not contradicted him, he would have been believed!
ii. Rejection: The 3rd case of the Mishnah says,
the first children are Mamzerim, later children
are not Mamzerim - we see, the Tana was exact!
(c) Answer #2 (Rav Mordechai - Mishnah): A woman is not
believed to say 'My Yavam died' to marry a stranger, nor
to say 'My sister died' to marry her husband.
1. She is not believed - but a witness would be
(d) Rejection (Rav Ashi): The next case of the Mishnah says,
a man is not believed to say that 'My brother died' so he
will do Yibum with his wife, nor 'My wife died' to marry
1. If you will make such inferences from the Mishnah,
you should say, he is not believed, but 1 witness
(e) Answer #3 (Rava): 1 witness is believed by a Yevamah from
a Kal v'Chomer.
i. We understand, 1 witness is believed to permit
a woman - Chachamim were lenient to help women
that would be unable to get married.
2. Rather, the Mishnah that teaches that a Yevamah is
not believed to marry a stranger is as R. Akiva -
since he holds, a child of Chayavei Lavin is a
Mamzer, we would have thought that she is concerned
for her children and will check well before
ii. You cannot say this regarding a man!
i. We hear, this is not so - she is only concerned
for messing herself up, not for her children.
1. If we permitted Chayavei Kerisus (a married woman)
based on 1 witness, all the more so Chayavei Lavin!
(f) Objection (A Chacham): Your reasoning is disproven by the
1. She is believed for Chayavei Kerisus (a married
woman who says, my husband died) - but she is not
believed for Chayavei Lavin (to say that her Yavam
(g) (Mishnah - R. Elazar Ben Masya): "A woman divorced from
her husband (is forbidden to a Kohen) - and not a woman
divorced from a man that is not her husband.
2. The reason is, sometimes she hates the Yavam, she
will not check well. This also applies when 1
witness says that the Yavam died!
(h) (Rav Yehudah): R. Elazar Ben Masya should have expounded
a pearl - instead, he expounded shards!
(i) Question: What pearl should he have expounded?
(j) Answer (Beraisa): "And a woman divorced from her husband"
- even if she was only divorced from her husband (and was
not permitted to others), she is forbidden to Kehunah!
1. This is 'The scent of a Get' which forbids to
(a) (Mishnah): Reuven's wife Leah went overseas. They told
him, she died; he married her sister. Later, Leah
returned - she may return to him, and he is permitted to
her sister's relatives, and her sister is permitted to
his relatives; if Leah later died, he may marry her
(b) They told him, your wife died; he married her sister.
Later, they told him, she was alive at the time, and died
later - the 1st child is a Mamzer, the latter is not;
3) A MOTHER-IN-LAW AFTER THE WIFE DIES
(c) R. Yosi says, anyone who forbids on others, forbids on
himself; anyone who does not forbid on others, does not
forbid on himself.
(d) (Gemara): The Mishnah applies even if Leah went abroad
with her sister's husband (and the witness said that both
of them died), and when Reuven married the sister, this
prohibited her on her husband - still, this marriage does
not forbid Reuven to Leah.
(e) Suggestion: Our Mishnah is not as R. Akiva - he would
say, Reuven is forbidden to Leah, since she is the sister
of his divorcee!
1. (Beraisa): All Arayos do not require a Get, except
for a married woman that was married according to
Beis Din; R. Akiva says, also a brother's wife and a
wife's sister here
(f) Rejection: If we explain the Beraisa as Rav Gidal, the
Mishnah can be as R. Akiva.
2. Since the sister needs a Get from Reuven, she is as
his divorcee, and Reuven is forbidden to Leah!
1. Question (Rav Gidal): What is the case of a
brother's wife that needs a Get?
(g) Our Mishnah is a case of Nisu'in - people will not say
there was a condition by Nisu'in, and R. Akiva would
agree that a Get is not needed.
2. Answer (Rav Gidal): For example, Levi engaged Sarah,
and he went overseas. Levi's brother Yehudah heard
that Levi died, and Yehudah married Sarah.
i. People will say that Levi's engagement was on
condition, and Yehudah properly married her.
3. The case of a wife's sister is similar - Levi
engaged Sarah, and she went overseas. Levi heard
that she died, and married her sister.
i. People will say that Levi's engagement was on
condition, and he properly married her sister.
(a) Question (Rav Ashi): If the Mishnah is as R. Akiva, let
it also teach the case that he married his mother-in-law
when he heard that his wife died - we know, R. Akiva
holds that one is not liable to burning for relations
with his mother-in-law after his wife dies!
1. (Beraisa - R. Yishmael): "You will burn him and them
(a woman and her mother)" - him and one of them; R.
Akiva says, him and both of them.
(b) Answer (Rav Kahana): Granted, R. Akiva says that there is
no punishment of burning - but the verse did not permit
2. We understand according to Abaye, who says that they
agree in law, and only argue in explaining the
i. R. Yishmael holds, the verse only speaks of a
mother-in-law; R. Akiva says, it also speaks of
a mother-in-law's mother.
3. But according to Rava, who says that they argue
regarding a mother-in-law after the wife dies, R.
Akiva should also have taught he married his
(c) Question: Why doesn't Reuven become forbidden to his wife
when he has relations with his wife's sister, just as a
woman that got married when she heard that her husband
(d) Answer: The cases are different - a woman that
intentionally has adultery becomes forbidden mid'Oraisa
to her husband, Chachamim decreed by unintentional
relations, she is forbidden;