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Yevamos 11.pdf

1) If somebody rapes a woman, he's permitted to marry her daughter from the Torah, since the Torah only forbids a wife's daughter. However, the Rabanan forbade to marry a daughter of a woman you're suspected to had have relations since he might be promiscuous with his mother-in-law. However, if that woman dies, he's L'chatchila permitted with her daughter.

2) R' Yehuda says that there is a Drasha to forbid the woman that a man raped to his son. The Rabanan learn that Drasha to forbid a Yevama that fell to his father, (and doesn't forbid the raped woman). Although he's anyhow forbidden to her for being his aunt, and also she's someone else's Yevama, but this Pasuk is giving her an extra Lav. (Also, it's possible not to be somebody else's Yevama if the father dies and there is no other brother to do Yibum.)

3) When a non-Jewess converts with her children; one son doesn't do Yibum or Chalitza to his brother's wife. This is even true if one brother was conceived when his mother was a non-Jewess, and was born when his mother was already a Jewess, and the second brother was conceived and born after his mother was a Jewess.

4) R' Acha b. Yaakov allows a convert to marry his brother's wife, and R' Sheishes forbids. Everybody agrees that, if their only paternal brothers, and not maternal, it's permitted, since the Torah uprooted the Yichus from the father. If they're only maternal brothers and not paternal, they're forbidden [Tosfos: since they'll be mistaken for Jews, and people will think this would be permitted by other Jews too.] They only argue if they're full brothers. R' Acha b. Yaakov permits since people mostly call them as their father's children. R' Sheishes forbids since they're also called as their mother's children. A second version: R' Acha b. Yaakov says they're permitted even if they're only maternal brothers since non-Jews who convert are considered as if they were born again.

5) According to R' Acha b. Yaakov (who allows paternal brothers to marry their brother's wife), the reason we say you don't do Yibum with their brother's wife is not because they're forbidden to them, but that they don't have to, and they may marry a stranger. R' Sheises explains: it's forbidden to do Yibum to them since they're forbidden to you.

6) [Tosfos says: although R' Sheishes seems to forbid all converted brothers, the reason why the Mishna says that it's forbidden when he was conceived when the other was not a Jewess and born when she was a Jewess, but did not say a bigger Chidush, even if he was born while she was a non-Jewess; perhaps that's because he would be permitted with a brothers wife that was conceived when the mother was Jewish.]

7) Twin brothers that were born after the mother converted, even though they were conceived before the conversion; they're Chayiv if they marry their brother's wife. However, they still can't do Yibum or Chalitza, even though it's obvious that they have the same father (and you can't give an excuse like by other siblings that we assume that a non-Jewess gets pregnant from many men) since the Torah removes the Yichus from their father.

8) R' Sheishes admits that a convert can marry his brother's wife that he was married to before their conversions. We don't forbid her in order that you shouldn't come to permit a wife he married after his conversion.

9) A Talmid Chachum is only believed in a statement he made before an incident happened that made the Halacha appear to be in his interest, but not after that incident. However, if it's apparent that he's saying the truth, like that there are others who permit it, or that he said it among other Halachic statements, he's believed.

10) If a convert was conceived while his mother was a non-Jewess, and was born after his mother was a Jewess, he's forbidden to his mother's relatives and permitted to his father's relatives. Therefore, if he marries a maternal sister, he must divorce her, but if he married a paternal sister, he may keep her. [Rashi says: he's forbidden to his maternal sister since he might marry one if he was conceived when his mother's a Jewess, which is punishable with Kareis. Tosfos says: it doesn't seem this way, since it implies in many places that they decreed even if both siblings were conceived when the mother was a non-Jew, and wouldn't be forbidden even if one was conceived when she was Jewish. Rather, the reason it's forbidden since people might confuse them with regular Jews. The reason it's framed that the mother became Jewish before the birth as a Chiddush that he's forbidden even though it looks like two mothers (as one's Jewish and one's not). Alternatively, we give the case where he's forbidden in all cases, even with a sister who's conceived and born when the mother's a non-Jewess, and a sister who's conceived and born when the mother's a Jewess. However, you can't say that it was composed to tell us about the permission to his father's relatives, that he would be forbidden if he was born a non-Jew since he was in this world as his father's child. After all, since the reason to forbid his father's relatives are only those that are forbidden when he was a non-Jew so people shouldn't say that he's going from a higher Kedusha to a lower Kedusha; which is evenly applicable whether he seemed to be his child for a time, or not.]

11) If he marries his father's maternal sister, he must divorce her, but may keep his father's paternal sister. [Rashi says: since he might confuse the maternal sister with his own maternal sister who is forbidden. Tosfos argues since the Gemara in Sanhedrin says it's only according to R' Eliezer who forbids his father's sister when they're non-Jews. Rather, the reason is: so people shouldn't say that he's going from a higher Kedusha to a lower Kedusha.]

12) If he marries his mother's maternal sister, he must divorce her, and R' Meir says the same by his mother's paternal sister since she's included in the prohibition with his mother's relatives. However, the Rabanan permit keeping her.

13) A Braisa says: whenever the rabbis say that you may keep her, it means; but you shouldn't L'chatchila marry her in the first place.

14) The convert may marry his father's brother's wife, and his father's wife. [Tosfos says: this was said according to R' Eliezer who permits a non-Jew to his father's wife. However, we Paskin like R' Akiva who forbids her, (but permits his father's sister) so she should be forbidden after conversion too. After all, R' Eliezer is from the students of Beis Shammai and we never Paskin like him. However, the Bahag says to be strict like R' Eliezer too.]

15) If one married a woman and her daughter [Tosfos: while they were all non-Jews, and then they converted], he may keep one wife, but needs to release the other one.

16) We have an argument whether you can marry your converted mother-in-law after you're converted wife died. Everyone agrees that you can't according to R' Yishmael who says that you still get the punishment of burning for a mother-in-law after your wife's death, and they only argue according to R' Akiva who says that the prohibition gets weaker and there's no burning. [Tosfos says: even though she's still forbidden to him and there's still Kareis, but one held you can be lenient by converts who are permitted to the mother-in-law from the Torah. However, this is only according to Rava, but Abaya says that even R' Akiva holds there is still burning, so no one would be lenient by a convert either.]

17) [Tosfos explains: R' Acha b. Yaakov, although he permits a brother's wife, agrees that the convert is forbidden to his sister and mother-in-law. He forbids a sister since it doesn't take Kiddushin to forbid her, and a mother-in-law, even though she's only forbidden from Kiddushin, it's his Kiddushin that forbade him. This is not similar to a brother's wife that his brother's Kiddushin forbids him. Alternatively, it's not common to be by his brother's wife like he is by his mother-in-law. Alternatively, she's known more as “his mother-in-law,” but the brother's wife is not known as, or usually called, “his brother's wife.”]

18) If there were five sons born from different families, and they got mixed up that we don't know which couple had which son (and each couple had another definite son); and, eventually, the mixed up sons died without children; each wife needs four Chalitzos from four of the brothers, and the fifth can do Yibum afterwards. After all, it will either be his Yevama, or it will be a wife that received Chalitza. They take turns to being the Yavam, so each one ends up marrying one of the wives. This is better since it's possible that they all did Yibum than to have one doing the Yibum to all of them at the end (so that he'll definitely do Yibum once, and marry four Chalutzim).

19) If some of the brothers are Kohanim (and can't marry a Chalutza) or is the maternal brother to one of them, they must always do Chalitza, and the others will do Yibum.

20) We see a Braisa that a woman can collect a slave for her Kesuva, even if it was given as a gift to someone. It must be authored by R' Meir who holds that you can collect the Kesuva from movable objects. [Tosfos explains: it's only from the husband, or from the Yavam who's in the place of the husband. However, you can't collect it from the orphans. Although we see here that a woman can collect moveable objects from a gift, even though we say that a lender can't collect from gifted moveable objects; we must say that our case refers to the rabbinical enactment for a deathly ill person to state that his property to be gifted to someone without a real acquisition. Since it wasn't gifted with a Torah acquisition, it could be collected.] Alternatively, it's really like the Rabanan, and they hold that a slave is like land. [Tosfos says: although, regularly, a slave is always considered as land; but here might be different since it depends if the woman relies on collecting it, since it might die or run away before she collects it.]

21) If a woman mixes up her son with her daughter-in-law's son, and they grow up and marry women and die; then the definite sons of the daughter-in-law must do Chalitza to both, since the women have a Safeik to be their aunts. However, the definite son of the woman can do Yibum after their Chalitza. After all, they would either be their Yibum or their nephew's wife. [Tosfos says: the Yerushalmi infers from here that you may marry your brother's daughter and you don't need to worry that it will cancel the Mitzva of Yibum. (After all, if this brother dies, the other brother can't make Yibum since it might be originally her daughter-in-law; and, yet, we allow him to marry her.) However, it might prove Rivan's opinion. As he says, even though you can marry a brother's daughter, it's not as a Mitzvah like it is to marry a sister's daughter that won't ever cancel Yibum.]

22) If a Kohein's wife mixed up her son with the son of her slaves; the children may eat Trumah no matter what they are. You can't distribute Trumah to them at the granary unless both are present together; as he holds like R' Yehuda that you can't distribute Trumah to a slave unless his master is there, because he's afraid that they'll assume that he's a Kohein, since we take Trumah as a proof to his Yichus. However, R' Yossi permits, since he doesn't say Trumah is a proof to Yichus. Therefore, each can show up separately and say to distribute Trumah to him whether it's because he's a Kohein, or because he's a Kohein's slave and he's collecting for his master.

23) We learned: there are ten types of people who you don't distribute Trumah to at the granary; a deaf-mute, insane and minor. [Rashi explains: since it's a disgrace to Hekdesh to give it to them. Tosfos says: this is only referring to a minor that doesn't Duchen, but if he does, you can distribute Trumah to him at the granary. Although we say in one place that minors are not allowed to Duchen; that's only when he Duchens alone, but he may Duchen along with adults. When he becomes Bar Mitzvah, he may Duchen himself on a temporary basis, but not on a permanent basis until his beard fills out.] Nor to a Tumtum or Androgenus since they're a separate type of creation (and it's a disgrace to Kodesh). Nor to a slave (according to R' Yehuda, since you might bring it as a proof to Yichus). Nor to an uncircumcised or Tamai person (since they're disgusting) or a Kohein who married a woman he shouldn't have (because of a fine).

Nor do we distribute Trumah to a woman. There's an argument between R' Pappa and R' Huna b. Dr' Yehoshua what's the reason. It's either because we're worried that she might be divorced. [Tosfos says: although, according to R' Yossi, we distribute to a slave and we don't worry that he was freed; that's because he doesn't want people to think him to be a slave. We don't need to worry that he was sold to a Yisrael since it's not common. (However, we can't answer since he won't sin if he doesn't gain (since his master must feed him); since his master can demand him to work and not to feed him.] The other says the reason because we're worried about her being secluded with the granary's owner. The practical difference between them is a granary close to the city, but it's not common for people to walk there. He probably would hear if she was divorced, but we still need to worry about seclusion. Also, if it's far from the city, but it's common for people to be there. You don't need to worry about seclusion, but he wouldn't hear if she's divorced.

24) However, you can send Trumah to all of them at their house. [Tosfos says: however, you can only send to a deaf-mute, insane or minor if they have some caregiver who will make sure that they'll keep it in Taharah. Even so, they didn't allow to distribute to them at the granary since you might come to distribute it without a caregiver.] However, the exception is that you can't send Trumah to a Tamai or a Kohein who married someone who he shouldn't have because of a fine. However, you can send to an uncircumcised Kohein since it's an Onness that he can't have a Milah since his brothers died from one. Although many times it's an Onness to become Tamai, but it's not as much of an Onness as the uncircumcised Kohein.

25) When an owner distributes Maasar Ani [Tosfos: all three years, but at the end of three years, when it's the time of Biur, he needs to take it all out of the granary and make it Hefker for the poor to take themselves], you distribute to women first since it's a disgrace for them to be waiting around in the first place. Therefore, Rava always judged a case with a woman as the litigant first because of her disgrace waiting.

26) Returning to the case of the Kohein mixed up with the slave; both can't become Tamai to corpses. Neither can marry a woman, whether she's a Jewess or a slave. When they grow up, we force each of them to free the other (in order that they can keep their obligation to have children). Both need to only marry women who are Kosher to a Kohein. They can't become Tamai to a corpse, but if they did, they don't receive Malkos. They both can't eat Trumah, but if one did, he doesn't need to pay its worth and an extra fifth to a Kohein [Tosfos: but he needs to separate it so that he should have an atonement if he wasn't a Kohein, but he may keep it since he may not owe it.] You can't distribute Trumah to them at the granary. [Tosfos says: this is even if they come together, and between them, one is eligible to collect it; still, we're afraid that he'll come to eat it himself and transgress eating a Safeik prohibition.] However, if they have their own Trumah, they may sell it and keep the money. They can't receive a share from Kodshim in the Mikdash, and people can't give them Kodshim that's coming to Kohanim, but they may keep what's theirs. [Tosfos says: they can make a Kohein an agent to bring their Korbanos; and they can keep the Kohein's portion and skins, and it doesn't go to that week's Mishmar. This is not included with what the Gemara says that, if a Kohein can't bring the Korbanos personally, he can't make an agent to bring them; that's only by a Tamai or blemished Kohein who can't bring Korbanos, but here, if Eliyahu comes and informs us who is the real Kohein, he would be able to bring the Korban. This is not like Rashi.] They're exempt from giving out the Kohanic gifts from their animals, and their Bechor needs to graze until it gets a blemish (and may be eaten by him, even if he was the freed slave). [Tosfos says: they may even keep what they donate as a Cherem to a Kohein. Although it's Kodshim until it's given to the Kohein, it must be that they give it to each other and make a condition between them.]

27) You put on them the stringency of being a Kohein or a regular Yisrael. Therefore, if he brings a Mincha (that, if he's a Kohein, it needs to be completely burned, and if he's a Yisrael, it needs only a Kemitza, and the rest you're not allowed to burn like all left over of Minchas). Therefore, according to R' Eliezer who says that the prohibition of burning the leftovers of the Mincha is only if you burn it as a sacrifice, but you can burn it to be fuel to the fire like wood; then there is a way to deal with the rest of the Mincha and burn it after the main Kemitza with a condition that, if it's only leftovers, it will be burned as wood. However, according to the Rabanan who forbid burning any leftovers for any reason, there is no way to bring the Mincha. Therefore, you must do like R' Elazar b. Shimon said by a Kohein's Mincha for the very poor by an Olah V'yored. As he says that, since we don't no what to do for the left overs after Kemitza, you spread it over the place of the Deshen. [Tosfos says: it's on the east of the Mizbeach's ramp where you burn Pasul Kodshei Kodashim Korbanos, and not the place that you place the Trumas Hadeshen, which was place on the east of the Mizbeach itself, and not like Rashi says.] The Rabanan only argue with R' Elazar b. Shimon there since they hold the whole Mincha is burned, but would admit that, in our case, you do it like R' Elazar b. Shimon prescribes.

28) If the wife didn't wait three months and had a child and it's a question is the baby was a child of the first husband with a nine month gestation, or a child from the second husband of a seven month gestation; the paternal brothers from both husbands need to make Chalitza to his wife, and he to theirs, but they can't do Yibum since they might only be maternal brothers. However, if they're definitely not from the same mother, one set of brothers need to do Chalitza first and the other may do Yibum and everything is fine no matter who were the real brothers. The Safeik also may do Yibum to their wives if there are no other brothers. (However, if he has a definite brother, since she needs Chalitza from a definite brother, then it would be problematic if he's also a brother and can't take the Yevama after she received Chalitza.)

(We must say the case is where the Kiddushin of the first husband turned out to be a mistake, and the Kiddushin was retroactively nothing, and according to R' Yishmael who says we can still consider it a mistake after children were born. After all, it can't be that the first husband died, since we'll say later that, if he dies, both fathers mourn him, so both fathers are alive. Also, it can't be that he's divorced since, when we say later that, if both are Kohanim, he can't become Tamai to either father when they die. If her mother was divorced, he's permitted to become Tamai to the first husband since, either he's his son, or even if he's the second one's son, he would be a Chalal because his mother was a divorcee. We can't say she's a minor who refused her husband, since she wouldn't be able to become pregnant. We can't say that his mother had Znus with the first one and she was never married, because then he won't be able to split with his Mishmar since they decreed him not to have Yichus. As we say: if one out of ten Kohanim went to have relations with an unmarried lady, we don't allow the child to perform Kohanic Avodas since he needs to know his lineage by out of wedlock relations.)

29) If one husband was a Kohein, and the second one was a Yisrael, he needs to only marry women who are Kosher to a Kohein. He can't become Tamai to a corpse, but if he did, he doesn't receive Malkos. He has also all the Halachos we said on the Kohein that was mixed up with a slave.

30) If they're both Kohanim; they both are an Onein over the child when he dies, and he to them (and they can't do Avodah), but they can't become Tamai to him, nor him to they.

31) He can't hit or curse either one, but he's exempt if he did it to one of them. The Tanna Kama says that he can get Malkos if he hits both of them, even though he did it one at a time. He holds that a Safeik warning is a warning. (Therefore, he can be warned the first time that if he hit this one, he'll get Malkos if he eventually also hits the other). R' Yehuda holds it's not a warning and he's exempt as long as he didn't hit them at the same time. [Tosfos says: since he definitely transgressed at that moment, although he's not sure for which one he's getting the Malkos for. This is not similar to mixing one Issur with another (let's say Pigul and Nossar), that, even if you ate both, and even though one is bigger and the other one is Batul, you definitely Chayiv for whichever is bigger, and you don't get Malkos. After all, there, he doesn't know which is Issur he's getting Malkos for, so you don't know whether to warn him for eating Pigul or for eating Nossar. However, here he knows that he's getting Malkos for hitting his father.]

32) R' Yehuda in another Braisa exempts him in all cases. After all, you're only Chayiv for cursing a father if there's no one else that's included in the curse, so he can't curse them together. We have a Hekish between cursing and hitting, so just like he's exempt by the cursing, he's exempt by the hitting too.

33) If the two Kohanic brothers are from different Mishmars, or even if they're from the same Mishmar, but are from two different families and don't do the Avoda on the same day; we force the son to go up with both Mishmars, but he doesn't have a right to do the Avodah. Alternatively, there's a purpose for him to go up since the families might agree to give him Avodah so that it shouldn't look as if one of their members are Pasul. However, if they're from the same Mishmar and Beis Av, he does Avodah and takes a portion of the Kodshim no matter who his father is.



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