[111a - 33 lines; 111b - 51 lines]
1)[line 1]תיתיב גביה ממה נפשךTEISIV GABEI MI'MAH NAFSHACH!- she should be able to remain married to him no matter what!
2)[line 2]נכרית בעלמא היאNOCHRIS B'ALMA HI- she is unrelated to him [since she was never married to his brother and, while there is no Mitzvah of Yibum even mid'Rabanan, there is no reason why they may not marry each other]
3)[line 6]חרשת במה תיפוקCHARESHES B'MAH TEIPOK?- how shall the deaf-mute leave [the Zikah bond]? She is unable to perform Chalitzah, and it is forbidden mid'Rabanan for her brother-in-law to marry her after he has married her former co-wife. This is because since people may then assume that it is generally permitted to perform Yibum with more than one of a deceased brother's wives.
4a)[line 10]חרשת יוצאה בגטCHARESHES YOTZ'AH B'GET- [his wife] the deaf-mute must be divorced with a divorce document [since her partial marriage may be less than that of the Ketanah if hers is a full marriage, in which case she is forbidden to her husband since she is the sister of his Yevamah (Achos Zekukaso)]
b)[line 11]וקטנה תמתין עד שתגדיל ותחלוץU'KETANAH TAMTIN AD SHE'TAGDIL V'TACHALOTZ- and [his Yevamah] the Ketanah must wait until she reaches physical maturity and then receive Chalitzah [since her marriage may be nonexistent - in which case the Chareshes was her brother-in-law's proper wife and she is the sister of his former wife - which in turn would mean that she is forbidden mid'Rabanan to perform Yibum]
5a)[line 12]קטנה יוצאה בגטKETANAH YOTZ'AH B'GET- [his wife] the Ketanah must be divorced with a divorce document [since her marriage may be nonexistent, in which case she is forbidden to her husband since she is the sister of his Yevamah (Achos Zekukaso)]
b)[line 12]וחרשת אסורה לעולםV'CHARESHES ASURAH L'OLAM- and [his Yevamah] the deaf-mute is forbidden [from marrying anyone] forever [as long as her brother-in-law is alive, since she is incapable of performing Chalitzah and he may not perform Yibum with her since he may have been fully married to his wife the Ketanah, in which case she is the sister of his former wife and therefore forbidden to him mid'Rabanan]
6)[line 13]ואם בא על החרשתV'IM BA AL HA'CHERESHES- and if he [sinfully] has relations with [his Yevamah] the deaf-mute [who is forbidden to him since she may be his former wife's sister]
7)[line 14]והותרהV'HUTRAH- and she is [then] permitted [to marry whomever she pleases]
8)[line 18]הא נפקא משום אחות אשהHA NAFKA MISHUM ACHOS ISHAH- then she has already left [the Zikah bond at the time of her husband's death] since she is the sister of [her Yavam's] wife
9a)[line 20]הויא ליה ביאה פסולהHAVYA LEI BI'AH PESULAH- [if the Chareshes was indeed fully married mid'Rabanan to the deceased brother, then she is the sister of her Yavam's partial wife mid'Rabanan and for him to have] relations with her is forbidden mid'Rabanan
b)[line 20]וביאה פסולה לא פטרהU'BI'AH PESULAH LO PATRAH- and relations that are forbidden mid'Rabanan do not permit her [to marry anyone else until she receives both a Get and Chalitzah, which is impossible for her]
10)[line 23]נאסרו שתיהן עליוNE'ESRU SHETEIHEN ALAV- they both become forbidden to him. The Chareshes is forbidden since her co-wife the Ketanah may have been fully married to their husband, in which case she is forbidden to her brother-in-law following his Yibum with the Ketanah. In truth the Ketanah should be permitted, since she is either his full Yevamah mid'Rabanan or unrelated to him completely. However, she is forbidden due to a Rabbinic decree as the Gemara soon explains.
11)[line 23]כיצד תקנתןKEITZAD TAKANASAN?- [now that neither are able to remain married to the Yavam,] how can they be freed [of the Zikah bond]?
12)[line 24]תמתין עד שתגדיל ותחלוץTAMTIN AD SHE'TAGDIL V'TACHALOTZ- she must wait until she reaches physical maturity and then receive Chalitzah [in addition to the Get the she received when divorced]
13)[line 26]והויא ליה ביאה דקטנה ביאה פסולהV'HAVYA LEI BI'AH D'KETANAH BI'AH PESULAH- in which case the relations with the Ketanah are forbidden mid'Rabanan [since her co-wife the Chareshes, with who Yibum was performed, was definitely a partially Yevamah mid'Rabanan]. Since in such a case the Ketanah would require both Chalitzah and a Get, the Chachamim required this even when she had relations with her Yavam first, so that the Halachah in these similar cases would not become confused.
14)[line 27]הא אמר ביאה פסולה פטרהHA AMAR BI'AH PESULAH PATRAH!- he ruled that in a case of relations that are forbidden mid'Rabanan she is free [to marry another after receiving a Get alone]!
15)[line 29]ולא קתני אם בא על הקטנה נותן לה גט והותרה קטנהV'LO KA'TANI IM BA AL HA'KETANAH NOSEN LAH GET V'HUTRAH- and the Beraisa does not teach that if [the Yavam sinfully] has relations with [his Yevamah] the Ketanah and gives her a divorce document then she is permitted [to marry whomever she pleases]. This would be true only according to Rebbi Nechemyah, since such relations are forbidden mid'Rabanan. This is because the sister of the Ketanah - the Chareshes - is definitely married to her brother-in-law partially mid'Rabanan, rendering the Ketanah Achos Ishto. The Rabanan who disagree with Rebbi Nechemyah would therefore require Chalitzah as well.
16)[line 30]לא איריאLO IRYA- it is not a proof
111b----------------------------------------111b
17)[line 1]לא פסל את הראשונהLO PASAL ES HA'RISHONAH- [the relations with the second Yevamah] did not forbid the first one [from remaining married to the Yavam who performed Yibum with her]. This is because if their original marriage existed mid'Rabanan, then she was the first Yevamah to have performed Yibum; and if their original marriage was nonexistent, then they may both remain married as neither was previously related to the man with whom they had relations.
18)[line 1]וכן ב' חרשותV'CHEN SHTEI CHARESHOS- and the same ruling applies if the two wives were deaf-mutes. This is because they were both definitely married to their husband partially mid'Rabanan, and the first one to have relations with her Yavam fulfilled the Mitzvah of Yibum.
19)[line 4]פסל את הקטנהPASAL ES HA'KETANAH- [the Yavam] has forbidden [the marriage of] the Ketanah [through his relations with her co-wife the Chareshes] (this is due to a Rabbinic decree; see 111a and Background there)
20)[line 6]פסל את החרשתPASAL ES HA'CHARESHES- [the Yavam] has forbidden [the marriage of] the Chareshes [through his relations with her co-wife the Ketanah, since the Ketanah may have been fully married to the deceased brother, in which case her Yibum is more valid than that of the Chareshes who was only partially married to him]
21)[line 6]פקחתPIKACHAS- a woman in full control of her mental faculties
22)[line 8]לא פסל את הפקחתLO PASAL ES HA'PIKACHAS- [the Yavam] has not forbidden [the marriage of] the normal Yevamah [since the relations with the Pikachas constituted a definite Yibum mid'Oraisa whereas those with the Chareshes were only partial as well as mid'Rabanan]
23)[line 16]מלמדין הקטנה שתמאן בוMELAMDIN HA'KETANAH SHE'TEMA'EN BO (MI'UN)
See Background to 107:1.
24)[line 18]וכן אמר רבי אלעזר הלכה כרבי אלעזרV'CHEN AMAR REBBI ELAZAR HALACHAH K'REBBI ELAZAR- and Rebbi Elazar [ben Pedas (the Amora)] also ruled according to the opinion of Rebbi Elazar [ben Shamu'a (the Tana)]
25)[line 19]וצריכאU'TZERICHAH- and it is necessary [for Rav Yehudah in the name of Shmuel and Rebbi Elazar to rule according to Rebbi Elazar in our Mishnah even though they already ruled according to the opinion of Rebbi Eliezer stated in the Mishnah on 109a (110a)]. Both Rebbi Eliezer and Rebbi Elazar rule that in a case in which a marriage to a Ketanah blocks a Mitzvah of Yibum, we teach the Ketanah to be Mema'enes.
26)[line 19]בהא קמייתאB'HA KAMAYSA- that first [ruling of Rebbi Eliezer]
27)[line 22]לפקוLI'FKU- he must send out
28)[line 23]דגדולה רמיא קמיהD'GEDOLAH RAMYA KAMEI- that the Gedolah is [clearly] before him [such that either Yibum or Chalitzah is necessarily]
29)[line 24]לאLO- [one might have thought that the Gedolah is] not [before him such that either Yibum or Chalitzah is necessarily since her sister is already married to him mid'Rabanan]
30)[line 25]יגדלו זה עם זהYIGDELU ZEH IM ZEH- they should grow up together [living as husband and wife, until the Yavam becomes a Gadol and the Yibum automatically takes effect mid'Oraisa]
31)[line 26]תגדלנוTEGADLENU- she should raise him [while they remain together as husband and wife]
32)[line 27]בתוך שלשים יוםB'SOCH SHELOSHIM YOM- within thirty days [of moving into the house of the Yavam for the purpose of fulfilling the Mitzvah of Yibum]
33)[line 27]לא נבעלתיLO NIV'ALTI- I did not have relations with him
34)[line 28]כופין אותו שיחלוץ להKOFIN OSO SHE'YACHALOTZ LAH- we (i.e., Beis Din) force him to perform Chalitzah with her [since we believe that he has abstained from relations for up to thirty days]
35)[line 29]מבקשין הימנו שיחלוץ להMEVAKSHIN HEIMENU SHE'YACHALOTZ LAH- we request of him to perform Chalitzah with her [since although we do not believe her claim, she cannot marry another until she receives Chalitzah due to her claim]
36)[line 31]הנודרת הנאה מיבמהHA'NODERES HANA'AH MI'YEVAMAH- one who prohibits herself with an oath from receiving benefit from her brother-in-law
37)[line 32]לאחר מיתת בעלהL'ACHAR MISAS BA'ALAH- [if she did so only] following the death of her husband [in which case it is obvious that she was attempting to avoid Yibum]
38)[line 34]נתכוונה לכךNISKAVNAH L'KACH- her intention was for this (to avoid Yibum)
39)[line 36]קטן וקטנה לא חולצין ולא מתייבמיןKATAN U'KETANAH LO CHOLTZIN V'LO MEYAVMIN (REBBI ME'IR CHAYISH L'MI'UTA)
(a)Rebbi Meir maintains that even when one possibility is much more likely than another (a "Rov"), we cannot rely upon the Rov for a Halachic ruling. Rather, the matter remains in doubt (a Safek). (Regarding whether this doubt is mid'Oraisa in nature or only mid'Rabanan, see Tosfos to Chulin 12a DH Pesach and 86b DH Semoch, as well as the implication of Tosfos to Bechoros 19b DH b'Ruba.)
(b)A small percentage of boys never reach physical maturity; such a man is termed a Seris. Likewise, a small percentage of girls never reach physical maturity; such a woman is termed an Ailonis. Rebbi Meir prohibits a minor from Yibum or Chalitzah since they may turn out to be a Seris or Ailonis, in which case they are excluded from Yibum and Chalitzah (61b).
40)[line 39]ביאה דאיסורא הואBI'AH D'ISURAH HU- [is old enough to receive punishment for engaging in] prohibited relations
41)[line 39]דתרוייהו כי הדדי נינהוD'TARVAYHU KI HADADI NINHU- that the two of them are like each other [and are equally too young to receive punishment for their actions]
42)[line 40]חוזאהCHOZA'AH- from Bei Choza'ei, a district of Bavel located along the Tigris River and its canals
43)[line 40]בא שאניBA SHANI- [if he has already] had relations [with her], it is different
44)[line 41]מחוורתאMECHVARTA- it is clear
45)[line 42]קרי כאן להקים לאחיו שםKARI KAN L'HAKIM L'ACHIV SHEM- (the Gemara asks) [why do we not] apply to the case in our Mishnah [the following verse which states, "... my brother-in-law does not want] to establish a name for his brother [in Yisrael...]" (Devarim 25:7)? This verse, written regarding Chalitzah, implies that the purpose of Yibum is to have a child with the wife of the deceased.
46)[line 42]והאי לאו בר הכי הואV'HAI LAV BAR HACHI HU!- and this [minor] is incapable [of fathering a child]!
47)[line 43]יבמה יבא עליה כל דהוYEVAMAH YAVO ALEHA KOL D'HU- (the verse regarding Yibum states,) "... her brother-in-law should come upon her [and take her for a wife, and perform Yibum with her]" (Devarim 25:5) [which implies that] any brother-in-law [is valid to perform the Mitzvah]
48)[line 43]בלאו הכי נמי לא מצית אמרתB'LAV HACHI NAMI LO MATZIS AMRAS- even without [the implication of the verse cited by Abaye] it would have been impossible to say [that a Yavam cannot perform the Mitzvah of Yibum when he is a minor until he is a Gadol]
49)[line 44]ולבתר שעתא שריאL'VASAR SHAITA SHARYA?- after a period of time it is permitted?
50)[line 45]בשעת נפילהSHA'AS NEFILAH- the time that she falls [to Yibum]
51)[line 46]ואימא הכי נמיV'EIMA HACHI NAMI- and let us say that [without the derivation of Abaye] it is indeed so [that a Yavam who was a Katan when Yibum was first possible may never perform the Mitzvah]
52)[line 46]"כי ישבו אחים יחדו""KI YESHVU ACHIM YACHDAV"- "When brothers dwell together, [and one of them dies childless....]" (Devarim 25:5) - This verse, which introduces the concept of Yibum, implies that any brother born before his brother dies is able to perform the Mitzvah (17b).
53)[line 48]דעד תלתין יומין מוקים איניש אנפשיהD'AD TELASIN YOMIN MOKIM INISH A'NAFSHEI- that one is able to abstain [from having relations with the woman with whom he is living and who is permitted to him] for up to thirty days
54)[line 49]טענת בתוליםTA'ANAS BESULIM
(a)When a man marries (Nisu'in) a woman who was a Besulah (virgin) at the time of her Kidushin (betrothal), he must give her a marriage document stipulating that she is to receive 200 Zuz from him or his estate should he divorce her or die. 200 Zuz are equivalent to the value of 960 grams of silver. This document is called a Kesuvah (lit. "written"). Tana'im disagree as to whether the origin of this obligation is mid'Oraisa (Biblical) or mid'Rabanan (Rabbinic) in nature (Kesuvos 10a).
(b)If the bride had been widowed or divorced and is therefore a Be'ulah (not a virgin) than she receives a different Kesuvah. The Kesuvah of a Be'ulah guarantees only 100 Zuz to the bride in the case of the dissolution of the marriage. There is no question that the obligation to give this document is mid'Rabanan in nature (Kesuvos 10b). A widow is termed an "Almanah" because her Kesuvah is written for the amount of a "Manah" (one hundred Zuz) (ibid.).
(c)There are two ways to differentiate between a Besulah and a Be'ulah: 1. A Besulah has a "Pesach Sasum" (lit. a "closed door"; a physical hymen blocking her vaginal canal), whereas a Be'ulah has a "Pesach Pasu'ach" (lit. an "open door") (Kesuvos 9a); and 2. A Besulah experiences a flow of "Dam Besulim" (vaginal blood that emerges upon the breaking of her hymen). Once a girl reaches the age of Bagrus (six months after the onset of puberty), the quantity of her Dam Besulim is presumed to have lessened.
(d)If one marries a woman with the understanding that she is a Besulah and she is shown to be a Be'ulah (either through a lack of Dam Besulim or since she had a Pesach Pasu'ach), then he is not beholden to the Kesuvah of 200 Zuz that he originally gave her. Rather, she receives a Kesuvah of 100 Zuz as befitting her status of a Be'ulah. When a husband claims that his wife was actually a Be'ulah, his assertion is termed a "Ta'anas Besulim."
55)[line 50]נסתרה לאלתרNISTERAH, L'ALTAR- [if] she was secluded [together with him], [then his Ta'anas Besulim is believed only if he goes to Beis Din] immediately [the next morning]
56)[last line]בארוסתוB'ARUSASO- when [he married] his betrothed
57)[last line]דגיס בהD'GIS BAH- that she is familiar to him [and he feels comfortable around her]