ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 12
YEVAMOS 11 & 12 (2 & 3 Teves) - the Dafyomi study for the last day of
Chanukah and 3 Teves has been dedicated to the memory of Hagaon Rav Yisrael
Zev Gustman ZaTZaL (author of "Kuntresei Shiurim") and his wife (on her
Yahrzeit), by a student who merited to study under him.
(a) We try to resolve Rebbi *Yochanan's* She'eilah (regarding whether a
Machzir Gerushaso [according to the *second* Lashon] or her Tzarah
[according to the *first*] are subject to Yibum), from the same *Mishnah*
that we quoted in trying to resolve Rav *Yehudah's*: 'Haysah Achas
Kesheirah, ve'Achas Pesulah, Im Hayah Choletz, Choletz li'Pesulah, ve'Im
Hayah Meyabem, Meyabem li'Kesheirah' - resolving the She'eilah according to
(b) We also try to resolve it from the same *Beraisa* as we quoted there. We
reject this however, just as we rejected it there, and the She'eilah remains
(a) If a woman makes Miy'un on her Yavam, the other brothers may perform
The above Din is rooted in the Beraisa learned by Rami bar Yechezkel., which
declares that if a girl makes Miy'un on her husband, she is permitted to his
father, whereas if, after her husband died, she made Miy'un to her Yavam,
she is forbidden to him - because at the time that she fell to Yibum, she
appeared to be his daughter-in-law.
(b) The reason for the latter Din is (basically, because the Miy'un uproots
the Zikah, so that she is no longer Eishes Achiv, and) - because they did
not perform an act with her.
- ... with her Tzarah, and even ...
- ... with her.
(c) Shmuel declares Tzaras Mema'enes to be forbidden to the brother on whom
her Tzarah made Miy'un (despite the fact that he did not perform an act with
her either) - because it is similar to Tzaras Bito Mema'enes, who is
forbidden (even after the Miy'un), because, at the time when she fell to
Yibum, she appeared to be Tzaras Bito.
(d) According to Shmuel, when our Mishnah says 've'Chulan, Im ... *Miy'anu*
O Nisgarshu, Tzaroseihen Mutaros' - it is on the husband that she made
Miy'un (and not on the Yavam). This is indeed similar to 'Nisgarshu', but
the Tana mentions two kinds of Geirushin.
(a) Rav Asi learns from the Pasuk "ve'Hayah ha'Bechor *Asher Teiled*" - that
an Aylonis (who cannot have children) is not subject to Yibum, which means
that she is Asur to the Yavam because of Eishes Achiv, exempting her Tzarah
from Yibum too.
(b) A barren woman is called an Aylonis - because she is like a ram (a male
who cannot have children).
(a) Ma'amar is the Kidushin (mi'de'Rabbanan) that a Yavam needs to make with
his Yevamah before performing Yibum.
(b) The Tana of the Beraisa learns from the Pasuk "u'Meis *Achad* Meihem,
Yevamah Yavo Alehah" - that a Yavam who made Ma'amar with his Yevamah, and
died, leaving her and another wife to his brother, the remaining brother
cannot make Yibum with her, because a Yavam only performs Yibum with a woman
who has the Zikah of *one* Yavam, but not one who has the Zikah of *two*.
(The Tzarah cannot perform Yibum either, because she is like a Tzaras
(c) Both Tzaros require Chalitzah - because in fact, they have fallen from
two different brothers (since the Ma'amar de'Rabbanan will not remove the
Zikah that remains from the first brother).
(a) Rebbi Yossi (see Mesores ha'Shas) concludes that this is the only case
where the Isur Nefilah causes her to be Asur. We refute the contention that
Rebbi Yossi means to preclude Tzaras Aylanis, who is *permitted* (disproving
Rav Asi, who, we just saw, forbids Tzaras Aylonis) - by explaining that he
means to preclude Tzaras Aylanis, who is *forbidden* (and does not require
Chalitzah either - which in fact, proves Rav Asi right).
(b) Despite the fact that both of the above cases are Asur even though
there is no Isur Ervah, the case in the Beraisa is Chayav Chalitzah because
the P'tur Yibum is only mi'de'Rabbanan (and the Pasuk that the Tana quotes
is only an Asmachta) - whereas that of Rav Asi is Patur even from Chalitzah,
because she is Patur mi'd'Oraysa (from the Pasuk "Asher Teiled").
(c) Our Mishnah, which explicitly states 've'Chulan, Im ... Miy'anu ...
Tzaroseihen Mutaros' speaks when at the time that he married his wife, he
did not know that she was an Aylonis (in which case, the Kidushin later
becomes nullified retroactively) - whereas Rav Asi speaks when he knew that
she was an Aylonis when they got married.
(d) We prove this from the Lashon of the Mishnah, which says 've'Chulan ...
O *she'Nimtze'u* Aylonis', implying that he did not know it previously, and
that if he did, the Tzarah would remain Asur).
(a) Rava disagrees with Rav Asi. According to him - a Tzaras Aylonis is
permitted even if he *did* know beforehand that she was an Aylonis (because
he disagrees with Rav Asi's D'rashah on "Asher Teiled").
(b) He dispenses with the inference that we just brought from the Lashon of
our Mishnah 'she'Nimtze'u Aylonis' (that if he knew that she was an Aylonis,
the Tzarah would remain Asur) - by amending 'she'Nimtze'u' to 've'Hayu'.
(c) Rava's reason is - because, seeing as even if she would not be
considered an Ervah, she would not be fit to perform Yibum, she is like a
Tzaras Ervah she'Lo be'Makom Mitzvah, who does not exempt her Tzarah from
Yibum, as we learned earlier.
(d) When Ravin arrived from Eretz Yisrael, he brought with him a series of
rulings from Rebbi Yochanan - who ruled that the Yavam may perform Yibum
with the Tzarah of a Mema'enes, an Aylonis and a Machzir Gerushaso.
(a) A Ketanah, a pregnant woman and a feeding mother are permitted to use a
cloth to avoid becoming pregnant, according to Rebbi Meir (in the opinion of
Tosfos DH 'Shalosh, they are even obligated to do so). This is because ...
1. ... a Ketanah - might become pregnant, in which case she is in danger of
(b) A Ketanah constitutes the ages of eleven and twelve (because before
eleven, she cannot become pregnant, and after twelve, she is not in danger
2. ... a pregnant woman - might become pregnant again, and the second fetus
will squash the first one and kill it.
3. ... a feeding mother - might become pregnant, and will wean her baby
prematurely due to her pregnancy.
(c) The Rabbanan disagree with Rebbi Meir - in the case of a Ketanah. Let
her be Meshamesh normally, they say, and Hashem will look after her (because
of the Pasuk in Tehilim "Shomer Pesa'im Hashem").
(a) We deduce from the Lashon 'Shema Tis'aber *ve'Shema* Tamus' - that it is
possible for a Ketanah to become pregnant and not die.
(b) In that case, we ask - we can have a case of a mother-in-law making
Miy'un (if someone married her baby daughter whom she bore when she was
eleven, after which she made Miy'un still before turning twelve). But this
clashes with our Mishnah, which says 'I Ata Yachol Lomar ba'Chamoso ...
she'Nimtze'u Aylonis O she'Mema'enes'.
(c) To avoid this problem - we amend the Beraisa to read 'Shema Tis'aber
(d) This also conforms with the words of Rabah bar Liva'i - who says that
before the age of eleven, a girl cannot become pregnant, from eleven to
twelve, she can, but she and the baby will die; whereas from the age of
twelve, both she and the baby will live.
(a) This amendment is not acceptable however, according to the text of Rabah
bar Shmuel, who adds to the wording in our Mishnah 'I Ata Yachol Lomar
ba'Chamoso ... she'Nimtze'u Aylonis O she'Mema'enes' - *'she'Kvar Yaldu'*
(even though, from the fact that he did not say 'she'Kvar Gadlu', it clearly
speaks when she is still a Ketanah).
(b) According to Rav Safra, a Ketanah who bore a child and did not die,
cannot make Miy'un - because bearing children even before coming of age, is
as good a sign of Gadlus as Simanim [two hairs together with coming of age,
that normally serve as a sign of Gadlus].
(c) In the second Lashon, children are even better than Simanim (two hairs)
according to Rebbi Yehudah - because they prove that she is a Gedolah (who
can *no longer make Miy'un*), whereas if she just brought Simanim, she
*could*, until a lot of hair grows.
(d) Rav Z'vid holds 'Ein Banim be'Lo Simanim' - meaning that a girl who gave
birth must have brought Simanim, and once she brings Simanim she can no
longer make Miy'un (even if she is still a Ketanah. According to Rav Safra
'Toch ha'Z'man ke'Lifnei ha'Z'man', and Simanim that appear before a Katan
comes of age, do *not* transform him into a Gadol - whereas Rav Z'vid holds
'Toch ha'Z'man ke'le'Achar ha'Z'man', and they *do*.
(a) Examining her to see if there are Simanim or not, will not achieve
anything - because we suspect that the hairs may have fallen out.
(b) Even those who do not normally contend with the possibility that the
Simanim may have fallen out, will agree in this case that we do - because
the birth-pains may have caused them to do so.