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Yevamos Chart #29

Yevamos Daf 95b

THE ARGUMENT BETWEEN REBBI YOSI AND THE RABANAN
IN THE MISHNAH (94b)
CASE: *Rachel*, the wife of Reuven, and *Shimon*, the husband of Rachel's sister Leah, travelled abroad. When Reuven was informed (by a single witness) that Rachel and Shimon had died abroad, Reuven married Leah, the wife of Shimon. Afterward, it became known that Rachel and Shimon were still alive.

Is Shimon permitted to return to his wife, Leah, and is Reuven permitted to return to his wife, Rachel?
  (A)
WHEN RACHEL WAS *NESU'AH* TO REUVEN(1) 		(B)
WHEN REUVEN MARRIED LEAH BASED ON TESTIMONY OF TWO WITNESSES(2) 		(C)
WHEN RACHEL WAS *ARUSAH* TO REUVEN (2)
1) REUVEN Permitted to his wife(3) Permitted to his wife(4) Tana Kama: Permitted to his wife(3)
R. Yosi: Prohibited to his wife(5)
2) SHIMON Tana Kama:
Prohibited to his wife(6)
R. Yosi:
Permitted to his wife 		Permitted to his wife(7) Prohibited to his wife(8)
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FOOTNOTES:
==========
(1) Rebbi Yosi's first statement, "Anyone who is Posel others [to their wife], is Posel himself as well," is referring to this case.
(2) These two cases (column B and C) are brought to explain Rebbi Yosi's second statement, "Anyone who is not Posel others, is not Posel himself either" (column B is Rebbi Ami's explanation of that statement, and column C is Rebbi Yitzchak Nafcha's explanation; see footnote 8 below).
(3) The reason for this is that since Leah, the wife of Reuven's brother-in-law Shimon, is prohibited to Reuven with an Isur Kares ("Achos Ishto") as long as Reuven's wife (Rachel) is alive, everyone knows that Kidushin does not take effect between Reuven and Leah. When Shimon returns they will not say that "this one (Shimon) divorced her, and this one (Reuven) married her." Therefore, Reuven does not have to give a Get to Leah, and his own wife does not become Asur to him as "Achos Gerushaso."
(4) Since they were married based on the testimony of two witnesses, the Rabanan do not penalize them, and whenever the Rabanan do not penalize them, there is no need for the second man to give a Get. (That is, when there is no need to penalize them, we do not fear that people will say that Leah's first husband divorced her and Reuven married her -- Gemara 89a). Since Reuven does not have to give a Get to Leah (his own wife's sister), Reuven's real wife does not become Asur to him as "Achos Gerushaso."
(5) Rebbi Yosi is concerned that people will say that her first husband divorced her and the second man married her, in a case where Reuven was only betrothed (with Erusin) to Rachel and did not yet marry her (with Nesu'in). Since he did not marry her yet, people will say that there was a condition in the Kidushin which was not fulfilled (like Rebbi Akiva on 94b), and thus Rachel was never married at all to Reuven. Consequently, they will think that Reuven's marriage to Leah, Rachel's sister, took effect, and thus he must give her a Get. Since Reuven must give Leah a Get, Rachel becomes Asur to him because of "Achos Gerushaso." (Shmuel -- according to one explanation of Abaye at the end of the Amud -- holds that Reuven's wife Rachel is Asur to him for a different reason: even though we are not afraid that people will say that Reuven was never married to Rachel because there was an unfulfilled condition in the Kidushin, nevertheless when Shimon returns alive before Rachel returns, we are afraid that people will say that Reuven's wife Rachel *did die* before he married Leah, and thus his marriage to Leah was valid and therefore he must give her a Get -- RASHI DH Dilma)
(6) According to the Rabanan, even though Reuven did not give a Get to Leah, and it does not appear that Shimon is being Machzir Gerushaso, nevertheless Leah is Asur to Shimon as a penalty for not verifying that her husband had actually died before she remarried. Rebbi Yosi permits her to him, because he does not hold of this penalty. He rules that since Shimon does not appear as though he is being Machzir Gerushaso, Leah is permitted to return to Shimon (see TOSFOS DH v'ka'Amar, and REBBI AKIVA EIGER).
(7) According to Rebbi Yosi, Leah may return to Shimon since she does not need a Get from Reuven (as mentioned above in footnote #4). According to the Rabanan, Leah may return to Shimon because we do not penalize someone who got married based on the testimony of two witnesses, and the penalty mentioned above in footnote #6 is not relevant here.
(8) According to the Rabanan, his wife is Asur to him because of a penalty, as mentioned above in footnote #6. According to Rebbi Yosi, his wife is Asur to him because it appears that he is being Machzir Gerushaso, since Rebbi Yosi holds that we are afraid people will say that there was an unfulfilled condition in Reuven's Kidushin with Rachel and the Kidushin was annulled, and thus Reuven's marriage to Leah, Rachel's sister, was valid. Hence, Reuven must give Leah a Get, and as a result, if Leah were to return to Shimon it would appear as though he is being Machzir Gerushaso.(According to Shmuel, the reason why Reuven must give Leah a Get is because people will say that Reuven's wife Rachel died before he married Leah, as mentioned above in footnote #5.)

(It should be noted that according to Shmuel, the words of Rebbi Yosi should be explained in a different manner than either Rebbi Ami or Rebbi Yitzchak Nafcha explained (above, footnote #2). The Gemara should have said that the first statement of Rebbi Yosi refers to when Reuven's wife Rachel returned alive *before* Shimon did, and therefore Reuven does not have to give a Get to Leah, Shimon's wife, because she is an Ervah to him and it is obvious to all that the Kidushin with her did not take effect. In contrast, the second statement of Rebbi Yosi refers to when Shimon returned alive before Reuven's wife did, and therefore at the time that Shimon returns, the people think that Shimon divorced his wife Leah and Reuven married her, since they think that Reuven's wife is dead and he is able to marry Leah. Reuven is therefore obligated to give Leah a Get, and she thereby becomes Asur to her husband Shimon because of Machzir Gerushaso, while Rachel becomes Asur to Reuven because of Achos Gerushaso.)

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