1)

Why is the Mitzvah of Yibum written immediately after "Lo Sachsom Shor b'Disho "?

1.

Targum Yonasan and Yevamos 4a: To teach us that if a woman falls to Yibum to a Metzora (or to anyone unsuitable for her - Targum Yonasan 1 ), we do not muzzle her - She can demand that he does Chalitzah. 2


1

Such as a tanner [who works with excrement, and has a foul odor]. Otherwise, a Yevamah cannot demand Chalitzah. Refer to 25:5:6:2.

2

See Torah Temimah, note 42, who elaborates.

2)

What sort of brothers is the Torah referring to?

1.

Rashi (in Yevamos, 2a): It refers to paternal brothers, which we learn from a Gezeirah Shavah 'Achvah' 'Achvah' from the sons of Ya'akov, 1 who all had the same father but not the same mother. 2


1

Refer to 25:5:151:1.

2

See Torah Temmah, citing the Yerushalmi Yevamos, 1:1, which learns it from a different source. And note 45 & 49.

3)

What are the implications of "Ki Yeishvu Achim Yachdav"?

1.

Rashi #1 and Targum Yonasan #1: It implies that the brothers lived at the same time 1 - to preclude where the Yavam was born after his brother died (in which case both she and her Tzarah [her rival wife] are Patur from Yibum - Yevamos, 17b) 2 and is subject to the Isur of Eishes Ach

2.

Rashi #2 and Targum Yonasan #2: "Yachdav" implies that they are together regarding inheritance ? paternal brothers, 3 but precluding maternal brothers from the Din of Yibum. 4

3.

Yevamos, 24a: It implies that, although the intial Mitzvah lies with the oldest brother, 5 if a younger brother performed Yibum, he acquires the Yevamah.

4.

Yevamos, 111a: It teaches us that if a Yavam Katan (over the age of nine) is intimate with his Yevamah - whether she is a Gedolah or a Ketanah - they must live together until he (and she) grows-up before he can give her a Get. 6

5.

Nidah, 44a: It implies that if a baby is one day old 7 when his brother dies without children, he is subject to Yibum - when he turns nine. 8


1

Even if the Yavam is only one day old when his brother dies - Torah Temimah, citing Nidah, 44a.

2

See Torah Temimah, note 46.

3

See Sifsei Chachamim.

4

Since maternal brothers do not inherit each other. The Yerushalmi Yevamos, 1:1 learns it from a Gezeirah Shavah "Yeshivah' 'Yeshivah' from Re'ei, 11:332 in connection with Yerushas ha'Aretz. See Torah Temimah, citing the Yerushalmi and note 45.

5

Refer to 25:6:1:1.

6

See Torah Temimah, note 47.

7

One day is always La'av Davka.

8

Refer also to 25:5:4:1.

4)

What are the implications of the phrase "u'Meis Achad meihem'?

1.

Yevamos, 31b: It implies that it is only a woman who carrries the Zikah (the ties) to one Yavam who is subject to Yibum, but not one who carries carries the Zikah of two Yevamin. 1


1

See Torah Temimah, citing Yevamos, Ibid. and note 51.

5)

What are the implications of the phrase "u'Bein Ein lo"?

1.

Rashi: 'Ein' is spelled with a 'Yud', in order to Darshen "Ayein alav' - examine whether he left any descendants 1 (a grandson or a granddaughter from either his son or his daughter - citing Bava Basra, 115a) 2 because if he did (even if he is only one day old) 3 , Yibum will not apply. 4

2.

Yevamos, 22b: See answer #1. "Ein lo" implies even a child who is a Mamzer exempts the Yavam from Yibum. 5

3.

Yevamos, 35b: It implies that the Yibum and the Chalitzah of a Yevamah who is pregnant is not valid - even if the baby subsequently turns out to be a Nefel - and she requires Chalitzah 6 from one of the brothers after the baby is born.

4.

Bava Basra, 109a: It incorporates a daughter. 7

5.

Yerushalmi Kidushin, 1:1: It implies that he has a son from her, she is permitted to marry - To teach us that the death of a husband permits a woman to remarry. 8


1

See Sifsei Chachamim and Torah Temimah, note 52, who elaborates.

2

Torah Temimah, and note 55.

3

Refer to 25:5:3:5.

4

And the La'av of "Eishes Achiv" which carries with it a Chiyuv Kareis, applies.

5

See Torah Temimah, note 53.

6

Not Yibum, since the Chalitzah rendered her Pasul on all the brothers.See Torah Temimah, note 54.

7

See Torah Temimh, note 52.

8

Refer also to 20:7:0.4:1.

6)

What are the implications of the phrase "Lo Sih'yeh Eishes ha'Meis ha'Chutzah?

1.

Yevamos, 92b: It implies that Kidushin does not take effect on a Yevamah le'Shuk, though she nevertheless requires a Get. 1

2.

Rambam (Hilchos Yibum, 6:8: "The Torah inserts "Eishes ha'Meis" to preclude from Yibum the wife of a Shoteh and a Katan - on whom Kidushin do not take effect. 2

3.

Sifra: To teach us thawt, although a Yevamah who falls from two husbands 3 is exempt from Yibum, she is forbidden to remarry without Chalitzah.


1

See Torah Temiamah, note 57.

2

See Torah Temimah, note 80.

3

See Torah Temimah, note 59.

7)

What are the implications of the (otherwise superfluous) word "Lo Sih'yeh Eishes ha'Meis ha'Chutzah"?

1.

Rashi (in Kidushin, 27a): It implies the Yavam takes her into his house.

2.

Yevamos, 13b: To render the betrothed of the deceased subject to Yibum, even though she was not yet married. 1


1

See Torah Temimah, note 61, who elaborates.

8)

What are the implications of the words "Lo Sih'yeh ... le'Ish Zar"?

1.

Yerushalmi Yevamos, 1:1: It extends the Isur of marrying an Ish Zar - Chayvei Kares and Chayvei La'avin - to even when it entails performing the Mitzvah of Yibum. 1


1

See Torah Temimah, note 62. Refer also to 25:5:4:1:1.

9)

What are the implications of "Yevamah Yavo alehah"?

1.

Rambam, Hilchos Yibum, 1:12: It constitutes a Mitzvas Asei 1 regarding the Yavam or one of the other brothers who has relations with the Tzarah after the Yavam has performed Yibum with the Yevamah. 2

2.

Yevamos, 30a: It implies that if a Yevamah is not eligible for Yibum when her husband dies, she is considered an Eishes Ach and is not subject to Yibum - even if she subsequently becomes eligible. 3

3.

Yevamos, 30b #1: It implies that the Yavam performs a Mitzvah irrespective of whether he performed Yibum Lish'mah or for beauty or due to some other ulterior motive. 4

4.

Yevamos, 30b #2: It implies that the Mitzvah of Yibum takes precedence over that of Chalitzah. 5

5.

Yevamos, 54a: It implies that, on the one hand, he acquires her irrespective of whether he is intimate with her be'Shogeg or be'Meizid, be'Oneis or be'Ratzon, 6 on the other, that he must have Kavanah to perform intimacy, 7 and that consequently, if he is intimate with her in his sleep he does not acquire her.

6.

Yevamos, 54b: It teaches us via a Gezeirah Shavah 'Bi'ah' 'Bi'ah from Mamzer, 23:3, that a Yavam acquires his Yevamah by means of Ha'ara'ah (the first stage of intimacy - without penetration).

7.

Kidushin, 14a: It implies that a Yavam acquires the Yevamah through intimacy (exclusively 8 [even against the wishes of the Yevamah - Yevamos, 29b]). 9


1

Rambam (Ibid.): Since a La'av that comes from an Asei is an Asei.

2

See Torah Temimah, note 76.

3

See Torah Temimah, note 66.

4

As opposed to the opinion of Aba Shaul - Yevamos, Ibid., that if the Yavam performs Yibum for an ulterior motive, he has all but transgressed the prohibiton of incest and any children who are born are Mamzerim in his eyes. See Torah Temimah, note 67, who discusses like whom is the Halachah. Refer to 25:5:8:1*

5

Refer to 25:5:8:1.

6

See Torah Temimah, note 69 and see 25:5:5:3 and note 72.

7

See Torah Temimah, note 71.

8

Refer to 25:5:6:5.

9

See Torah Temimah, note 69.

10)

What are the connotations of the word "Alehah"

1.

Yevamos, 3b: It teaches us via a Gezeirah Shavah "Alehah" "Alehah" - in Acharei-Mos, 18:18, in connection with Achos Ishah - that Arayos are precluded from the Mitzvah of Yibum, 1 both they and their Tzaros and their Tzaros Tzaros. 2

2.

Rambam Hilchos Yibum, 1:12: It teaches us that, if after Yibum, the Yavam or one of his brothers has relations with the Yevamah's Tarah, he transgresses an Asei ? "Yevamah Yavo alehah" ? 've'Lo al Tzarasah'.


1

Refer to 25:7:0:3:2.

2

See Torah Temimah, citing Yevamos, 3b and note 75. Refer also to 25:5:4:3:1 and note 75.

11)

Why does the Torah insert the phrase "u'Lekachah lo le'Ishah"?

1.

Rashi (in Nidah 45b) and Seforno: The Torah calls her 'his wife', since he acquired her with intimacy. Consequently, in the event that he wants to divorce her, she does not require Chalitzah (and he is permitted to take her back after the divorce 1 - Seforno).

2.

Yevamos, 54a: "Yevamah Yavo alehah" ? 'ke'Darkah'; "u'Lekachah lo le'Ishah" comes to include 'she'Lo ke'Darkah'.

3.

Yerushalmi Yevamos, 5:1: "Yevamah Yavo alehah" refers to the Yibum itself, "u'Lekachah lo le'Ishah", to Ma'amar 2 (Kidushin). 3

4.

Yerushalmi Yevamos, 6:1: To teach us that the Yavam acquires the Yevamah even without his or her knowledge (if one of them iss be'Oneis ? Torah Temimah).


1

Refer to 25:5:6:1. See also Torah Temimah, note 79.

2

See Torah Temimah, note 80.

3

This D'rashah is an Asmachta however, since Ma'amar is de'Rabbanan. See Torah Temimah, note 81.

12)

What is "u'Lekachah" coming to preclude?

1.

Rashi (in Yevamos, 5a): It precludes a. an Ervah; b. the Yevamah's Tzarah - 'la'Zu, ve'Lo la'Achares' (either one or the other). 1


1

See Torah Temimah, citing Rashi (Ibid.) and refer to 25:5:4:1:1.

13)

Why does the Torah add the (otherwise superfluous) word "Veyibmah"?

1.

Seforno: To teach us that the Yavam acquires her completely - to remove from her the status of Yevamah, and that she is therefore considered his wife in all regards. 1

2.

Yevamos, 8a: To teach us that the Tzaras Erveh is Asur - when there is a Mitzvah of Yibum, but is permitted when Yibum is not involved. 2

3.

Yevamos, 8b: To teach us that the Yavam acquires the Yevamah even against her will. 3

4.

Yevamos, 19b: To teach us that, even after the Yavam has performed Yibum, to a certain extent, she is still considered a Yevamah. Consequently, if a third brother is born after the Yavam has performed Yibum and the Yavam subsequently dies, the initial Yevamah goes out because of Eishes Achiv she'Lo Hayah be'Olamo, and the Yavam's other wife because of Tzaras Ervah. 4

5.

Kidushin, 11a: To confine Yibum to intimacy - precluding Kesef and Sh'tar (which generally acquire a woman). 5

6.

Yerushalmi Yevamos, 5:1: It teaches us that intimacy acquires the Yevamah, not Ma'amar. 6

7.

Yevamos, 19b: It implies that after the Yavam performs Yibum, the Yibumin ha'Rishonim still remains in place. Consequently, in a case where Reuven dies, Shimon his brother, who already has a wife, performs Yibum, a third brother ? Levi ? is then born and Shimon dies, Reuven's wife is forbidden to Levi (due to Eishes Achiv she'Lo Hayah be'Alamo) and to Shimon's wife, due to Tzaras Eishes Achiv she'Lo Hayah be'Alamo. 7

8.

Yerushalmi Yevamos, 6:1: To teach us that the Yavam acquires the Yevamah with Ha'ara'ah (the first stage of intimacy - without penetration). 8

9.

Oznayim la'Torah #1 (citing the Ra'am): It means that when the Yavam performs Yibum with his brother's wife, he removes her status of Yevamah. 9

10.

Oznayim la'Torah #2 (citing the To teach is that marrying his brother's wife is not merely R'shus, but a Mitzvah.


1

Refer to 25:5:5:1.

2

See Torah Temimah, note 82.

3

See Torah Temimah, note 83. See also Ba'al ha'Turim.

4

See Torah Temimah, note 84.

5

See Torah Temimah, note 85.

6

Refer to 25:5:5:3. Yerushalmi Yevamos, 5:1: And Ma'amar is effective to forbid the Yevamah on the other brothers.

7

See Torah Temimah, note 84.

8

See Torah Temimah, note 86..

9

Oznayim la'Torah: The word has the opposite meaning of the simple one - like "Saklu me'Even", in Yeshayah, 62:10, which means 'Remove the stones!'

14)

What is the reason behind the Mitzvah of Yibum?

1.

Ramban (Bereishis 38:8): Refer to Bereishis, 38:8:1:1.

2.

R. Bachye (in Pasuk 9): Because presumably, the deceased wants his brother - and not a stranger, to take over his property and his wife, since he has no one [else] to inherit him.

15)

Which takes precedence, Yibum or Chalitzah?

1.

Yevamos, 39b: The Mitzvah of Yibum takes precedence (since the Torah mentions it first - Torah Temimah). 1


1

Nowadays, however, Chalitzah takes precedence, based on the opinionof Aba Shaul. Refer to 25:5:4:4:3 2

.

QUESTIONS ON RASHI

16)

Rashi writes that "Yachdav" teaches that they must be. paternal brothers. But n Yevamos 2a, Rashi learns this from "Achim"?

1.

Yevamos 17b: Had it written only "Achim", we would learn from Lot that Yibum applies to an uncle's wife; and had it written only "Yachdav", we would have thought that they must have both the same mother and the same father.

17)

Rashi writes that the Torah writes "u'Vein Ein lo" - with a 'Yud', to Darshen 'Ayein Alav.' But "Ein" is always spelled with a Yud!

1.

Gur Aryeh #1: Rashi explained that "Me'ein Yevami" (in Pasuk 7) and "Me'ein Bil'am" (in Bamidbar 22:14) are written without a 'Yud'. Even though the 'Mem' is part of the word, and it means 'does not want' Chazal understood that it is based on the word 'Ein.'

2.

Gur Aryeh #2: See answer #1. Even if 'Me'ein ' is not based on 'Ein', it demonstrates that the 'Yud' can be omitted.

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