REVACH L'DAF
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SUMMARY
Rebbi Eliezer: If one dies after he remarried his divorced wife, she may only do Chalitzah and not Yibum, even if she is a Gedolah. (1)
Rebbi Yochanan: If one is Mekadesh a woman conditionally, once he has Bi'ah with her everyone agrees that no Get is required. (2)
Chalitzah is valid only if both the Yavam and the Yevamah have Kavanah for the Chalitzah.
If the Yavam is fooled into doing Chalitzah with the promise that the Yevamah will give him 200 Zuz, it is a valid Chalitzah.
The laws of stipulations are derived from the condition that Moshe Rabeinu made with Bnei Gad and Bnei Reuven. One of those laws it that a condition is valid only for something that can be done via a Shali'ach.
Rebbi Elazar: If one is Mekadesh a woman with a loan or with less than a Perutah and they subsequently have Bi'ah, a Get is required. (3)
An Eshes Kohen who was raped is forbidden to her husband.
If a man is Mekadesh a woman on condition that she has no Nedarim, and then a Chacham releases her from her Nedarim, the Kidushin is valid. (4)
If a man is Mekadesh a woman on condition that she has no Mum, even if a doctor cures her the Kidushin is void.
A man who divorces his wife on account of Nedarim or on account of Shem Ra may not remarry her. (5)
Rebbi Yehudah: Only if a man divorces his wife on account of a public Neder is he forbidden to remarry her. (6)
Rebbi Meir: Only if a man divorces his wife on account of a Neder that may not be annulled by the husband is he forbidden to remarry her. (7)
A BIT MORE
1. A Gezeirah was enacted that she may not do Yibum, because we are concerned that even a Ketanah will do Yibum, which is forbidden since the remarriage was only valid mid'Rabanan.
2. That is, if the terms of the conditions were not met.
3. Rebbi Ami disagrees and maintains that only when he is Mekadesh her with less than a Perutah and subsequently marries her is a get required.
4. This is the opinion of Rebbi Meir who maintains that a man does not mind if his wife disgraces herself by going to the Beis Din for the purpose of the release of her vows. However, Rebbi Elazar maintains that a man does not want his wife to disgrace herself in Beis Din. Therefore, even if the Chacham releases her from her Nedarim, the Kidushin is void.
5. Two reasons are given for this prohibition. One reason is so that in the event that she is released from her Neder by a Chacham, if it turns out that the Shem Ra is false the husband will not claim that he gave the Get under a mistaken pretense and that the Get is void. The second reason is so that women will not act unscrupulously with regard to Nedarim and Znus.
6. Rebbi Yehudah maintains that the reason for the prohibition is so that women will not act unscrupulously with regard to Nedarim, and he maintains that making only a public Neder is considered unscrupulous.
7. Rebbi Meir maintains that the reason for the prohibition is so that the husband will not claim that he gave the Get under a mistaken pretense. Rebbi Meir maintains that if the husband could have annulled the Neder and chose not to, he cannot claim that had he known that the Neder would be released by a Chacham he would not have divorced her.
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BRIEF INSIGHT
TENAI BNEI GAD U'VNEI REUVEN
The Gemara says that the condition that Moshe Rabeinu made with Bnei Gad and Bnei Reuven was for something that could be done via a Shali'ach. Rashi explains that the allocation of the lands of Ever ha'Yarden was carried out by Yehoshua, who was the Shali'ach of Moshe. The Pnei Yehoshua asks that Ever ha'Yarden did not belong to Moshe, but to all of Klal Yisrael, so why was Yehoshua regarded as the Shali'ach of Moshe? The Pnei Yehoshua answers that Moshe was regarded as the king of Klal Yisrael, and since he conquered the Ever ha'Yarden it belonged to him and he was allowed to give it to whomever he chose. For that reason, Ever ha'Yarden was given to Bnei Gad and Bnei Reuven without lots and without the Urim v'Tumim, even though Eretz Yisrael proper was allocated among the Shevatim by means of lots and the Urim v'Tumim.
QUICK HALACHAH
A CONDITIONAL CHALITZAH
If the Yavam is told to do Chalitzah on condition that the Yevamah give him 200 Zuz, even if the Yevamah does not give him the money the Chalitzah is valid, and even if he made a Tenai Kaful. Even though the Chalitzah is valid without giving the money, the Yevamah is obligated to give the money like one who is obligated to pay a laborer who was hired to do a job. (Shulchan Aruch EH 169:50)
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