REVACH L'DAF
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SUMMARY
The obligation to bring a Korban Chatas applies only to one who unintentionally transgresses a prohibition punishable with Kares (when transgressed intentionally). (1)
An individual who sins brings a lamb or female kid for his Korban Chatas. The Nasi brings a male kid. The Kohen Gadol and the Beis Din bring a bull. (2)
One who mistakenly worships Avodah Zarah brings a Korban Chatas only if his method of worship is punishable with Kares when done intentionally. (3)
An individual who worships Avodah Zarah is not punished in the same way that a majority of a city that worships Avodah Zarah is punished. (4)
Rebbi derives from a verse that with regard to a Korban, there is no difference between an individual who worships Avodah Zarah and a majority of a city that worships Avodah Zarah. (5)
Levi suggested to Rebbi that the Mishnah should have listed a sixteenth Ervah: a mother who was never married to the father. She is exempt, along with her Tzaros, from Yibum and Chalitzah. However, Rebbi (who compiled the Mishnah) took great exception to the suggestion of Levi.
Rebbi Yehudah: A woman who had an illicit relationship with a man is prohibited to his brothers. Rabanan: She is permitted to them.
Rebbi Akiva: A woman who is an Isur Kedushah (prohibited to the bothers by means of a Lo Sa'aseh that is not punishable with Kares) is exempt, along with her Tzaros, from Yibum and Chalitzah. (6)
Beis Shamai: The Tzaros of an Ervah are permitted to the brothers. Beis Hillel: They are not permitted.
Rabanan: A child born after the death of his brother will always be forbidden to the Yevamah. Rebbi Shimon: If the brother is born after the Yevamah already performed Yibum with one of the other brothers, he is permitted to the Yevamah if the Yavam dies without children.
Rebbi Chiya: In each of the 15 cases of Arayos mentioned in the Mishnah, there is a possible scenario that two sisters will fall to Yibum from two brothers who died without children, and one of the sisters is an Ervah to one surviving brother and the other sister is the very same Ervah to the other surviving brother. (7)
Rebbi Shimon: If a brother is born after the Yevamah already performed Yibum with one of the other brothers, that Yevamah is permitted to the newly-born brother if her husband dies without children. Only according to this opinion is it possible to have a scenario in which two sisters fall to Yibum from two brothers who died without children, and one of the sisters is the Ervah of a wife of a brother who dies before one of the surviving brothers is born, and the other sister is the very same Ervah to the other surviving brother. (8)
A BIT MORE
1. This applies to the Chatas brought by an individual, the Kohen Gadol, and by the Nasi, and also to the Par He'elem Davar brought by the Beis Din as a result of the public following their erroneous ruling.
2. When the Chatas is brought for the sin of Avodah Zarah, a female kid is brought for the Korban, with the exception of Beis Din, which brings a bull for an Olah and a male kid for a Chatas.
3. The methods of worship punishable with Kares include slaughtering an animal for Avodah Zarah, burning on the altar, wine libations, and bowing to the Avodah Zarah. Hugging and kissing the Avodah Zarah are not punishable with Kares, and thus if one mistakenly performs such acts he brings no Korban Chatas.
4. If an individual worships Avodah Zarah, he is killed by Sekilah, and his money is salvaged. If the majority of a city worships Avodah Zarah, the residents of the city are killed by Sayif, and their property is destroyed.
5. Without the verse one might have thought that a majority of a city that worships Avodah Zarah must bring a bull for a Chatas and a male kid for an Olah, which is the opposite of the Korban that the Beis Din brings for an erroneous Psak regarding other prohibitions. Alternatively, one may have thought that there is no possibility at all to bring a Chatas, and although they are obligated to bring a Korban they would be unable to receive atonement.
6. Rebbi Akiva: A child born from a union with an Isur Lav is a Mamzer. Therefore, the child shares the same status as a woman who is an Ervah. Rabanan: Only a child born from a union with a woman who is prohibited with a punishment of Kares is a Mamzer. Therefore, the child born from a union prohibited by a Lo Sa'aseh is not comparable to a woman who is an Ervah.
7. In the case of the Ervah of a daughter, this scenario is possible only if the daughter was born out of wedlock. If she was born from a legitimate relationship, it would be impossible that she would have a sister who was fathered legitimately by the second brother. The reason is that once one brother marries a woman, that woman is forbidden to the brother even after she is divorced.
8. According to Rebbi Shimon, this scenario is possible in a case in which there are six brothers. Reuven and Shimon marry two sisters, Leah and Rachel. Reuven dies without children, and subsequently Yisachar is born. After the birth of Yisachar, Levi does Yibum with Leah. Shimon then dies without children, and Zevulun is born. After the birth of Zevulun, Yehudah does Yibum with Rachel. Then Levi and Yehudah both die without children. The wife of Levi is an Ervah to Yisachar, but he is permitted to the wife of Yehudah, while the wife of Yehudah is prohibited to Zevulun but he is permitted to the wife of Levi since he did Yibum with her prior to Zevulun's birth. This scenario is not possible according to the Rabanan who argue with Rebbi Shimon. They maintain that in this case the wife of Levi is also prohibited to Zevulun even though he was born after the Yibum of Levi. Therefore, Zevulun is prohibited to both the wife of Levi and the wife of Yehudah.
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BRIEF INSIGHT
THE LOGIC OF REBBI AKIVA'S RULING
The Gemara says that Rebbi Akiva argues with the Rabanan regarding an Isur Lav. Rebbi Akiva maintains that a woman who is an Isur Lav is exempt, along with her Tzaros, from Yibum and Chalitzah. Rashi explains that since Rebbi Akiva is of the opinion that a child born from a union with an Isur Lav is a Mamzer, the child shares the same status as a woman who is an Ervah and is exempt from Yibum and Chalitzah. Tosfos and the Tosfos ha'Rosh ask, why should the fact that the child is a Mamzer, according to Rebbi Akiva, exempt such a person from Yibum? There is an important distinction between them. A woman who is prohibited with an Isur Lav should be obligated in Yibum, because the Mitzvas Aseh of Yibum should supersede the Lav Sa'aseh of marrying this woman. That concept does not apply to a woman who is prohibited with the punishment of Kares, since an Aseh does not override a Lav that is punishable with Kares. The Tosfos ha'Rosh answers that Rebbi Akiva agrees with Rebbi Yehudah that a woman who had relations with a man is prohibited to his son, and he compares such a woman to the wife of a father with a Hekesh. Just as the wife of a father is regarded as an Ervah and is exempt from Yibum, a woman who had an out-of- wedlock relationship with a father is exempt, even though she is only an Isur Lav to his son.
QUICK HALACHAH
A YEVAMAH PROHIBITED BY A LESS-SEVERE ISUR
A Yevamah who is prohibited to the Yavam with an Isur Lav, an Aseh, or an Isur d'Rabanan may do Chalitzah but not Yibum. Her Tzarah may do either Yibum or Chalitzah. (Shulchan Aruch EH 174:1)
According to the Torah, it is permitted to do Yibum with an Isur Lav, because the Mitzvas Aseh supersedes the Lo Sa'aseh. However, after the Mitzvah is completed the woman would become prohibited to the Yavam, since the Mitzvas Aseh no longer applies. Therefore, the Rabanan decreed that it is prohibited to do Yibum with an Isur Lav because of the concern that the Yavam may continue the relationship after the Mitzvah is completed, which would be forbidden. (Beis Shmuel)
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