1)

ZIKAH (cont.)

(a)

Answer #2: Rather, if so, one might have thought that is only when she is alive, but that Zikah ends after she dies;

1.

Therefore, he taught that Zikah does not vanish.

(b)

Support (for Rav Yehudah - Mishnah): If a Yevamah died, the Yavam may marry her sister.

1.

Her sister is permitted, but not her mother!

(c)

Rejection: No, he may even marry her mother. Since the Reisha permits Achos Ishto after the wife dies, the Seifa also discusses her sister.

(d)

Question (Rav Huna bar Chiya - Mishnah): If he gave her a Ma'amar and died, the second widow does Chalitzah but not Yibum.

1.

Inference: Had he not given a Ma'amar, the second widow could do even Yibum.

2.

If Yesh Zikah, she should be like the Tzarah of Eshes Achiv she'Lo Hayah b'Olamo (which is forbidden)!

(e)

Answer (Rabah): No, even if no Ma'amar was given, she may not do Yibum.

1.

The Mishnah discusses a Ma'amar to oppose Beis Shamai, who say that a Ma'amar fully acquires a Yevamah.

(f)

Question (Abaye - Mishnah): If a man died without children, and before his brother Shimon was able to give a Ma'amar to the Yevamah, another brother was born, and then Shimon died, the first widow is exempt, for she is Eshes Achiv she'Lo Hayah b'Olamo. The second widow does Chalitzah or Yibum.

1.

If Yesh Zikah, through Zikah she is Tzaras Eshes Achiv she'Lo Hayah b'Olamo (and should be forbidden)!

(g)

Answer: The Mishnah is like R. Meir, who holds that Ein Zikah.

(h)

Question: R. Meir does not hold that Ein Zikah! (The following Stam Mishnah is assumed to be like R. Meir.)

1.

(Mishnah): If two of four brothers were married to sisters, and these two died, the sisters do Chalitzah but not Yibum.

2.

If R. Meir holds that Ein Zikah, since they fall from different brothers, it should be permitted for each surviving brother to do Yibum with one sister!

(i)

Answer: Really, he holds that Ein Zikah. However, it is forbidden to uproot the Mitzvah of Yibum;

1.

If we wait for one Yavam to do Yibum, perhaps the other Yavam will die (and the other widow will be exempt without Yibum or Chalitzah).

(j)

Question: If he holds that Ein Zikah, he should allow the Mitzvah to be uprooted, just like R. Gamliel!

1.

(Mishnah - R. Gamliel): (If Rachel (a minor) was married mid'Rabanan to Reuven, and her sister fell to him to Yibum,) if Rachel did Mi'un, fine (Leah may do Yibum). If not, Leah waits (Tosfos - Rachel waits to have Bi'ah with Reuven) until Rachel becomes an adult, and the marriage becomes mid'Oraisa (after they have Bi'ah), and Leah is exempt from Yibum or Chalitzah for she is Reuven's Achos Ishto.

(k)

Objection: This is no question. Perhaps R. Meir disagrees with R. Gamliel!

(l)

Answer: It is unreasonable that R. Meir is concerned perhaps the Mitzvah will be uprooted, and R. Gamliel is not concerned even when it is certainly uprooted!

(m)

Rejection: This is not so! Perhaps one Tana is not concerned even when the Mitzvah is definitely uprooted, but the other is concerned even when it may be uprooted!

2)

RAV YEHUDAH'S SOURCE [line 42]

(a)

(Abaye): Rav Yehudah learned (that Yesh Zikah) from Shmuel.

18b----------------------------------------18b

1.

(Mishnah - R. Yehudah ben Beseirah): If a Yavam was Mekadesh the sister of his Yevamah, we tell him not to marry her until his brother does Yibum or Chalitzah.

2.

(Shmuel): The Halachah follows R. Yehudah ben Beseirah.

(b)

Question (Rav Yosef): Even if Rav Yehudah learned this from Rav (his other Rebbi), it would not be difficult (even though Rav Huna said that Rav holds that Ein Zikah). We could say that Amora'im disagree about Rav's opinion!

(c)

Answer (Abaye): Since Shmuel explicitly said that Yesh Zikah, it is better to say that Rav Yehudah received this from Shmuel, rather than to say that Amora'im argue about Rav's opinion.

(d)

(Rav Zvid): Rav Yehudah explicitly said in the name of Shmuel that after the Yevamah dies, the Yavam may not marry her mother.

(e)

This is consistent with Shmuel's ruling that the Halachah follows R. Yehudah ben Beseirah. It was necessary to say both of these:

1.

Had he taught only that Yesh Zikah, one might have thought that this is only when there is only one brother. He ruled like R. Yehudah to teach that Yesh Zikah even when there are more brothers;

2.

Had he taught only that the Halachah follows R. Yehudah, one might have thought that this is only while the Yevamah is alive, but after she dies, the Zikah vanishes (and the Yavam may marry her mother). Therefore he taught that Zikah does not go away by itself.

3)

WHO IS CONSIDERED ESHES ACHIV SHE'LO HAYAH B'OLAMO? [line 21]

(a)

(Mishnah): Reuven died, and Shimon did Yibum with Chanah. Levi (another brother) was born, and Shimon died. Chanah is exempt, for she is Eshes Achiv she'Lo Hayah b'Olamo. Leah (Shimon's other wife) is exempt, because she is Chanah's Tzarah.

(b)

If Shimon gave a Ma'amar and died, Leah does Chalitzah but not Yibum;

(c)

R. Shimon says, Levi may do Yibum or Chalitzah with either woman.

(d)

(Gemara - Rav Oshaya): R. Shimon argues even in the previous Mishnah (when Levi was born before Yibum was done).

(e)

He learns this from the Reisha (17a);

1.

The Reisha is not needed to teach about Chachamim. They forbid even when Levi was born after Yibum and entered the world when Chanah was 'permitted' (to do Yibum with him if she will be widowed), all the more so if he was born before Yibum!

2.

Rather, it teaches that R. Shimon argues even in such a case.

(f)

Our Mishnah teaches the extremity of Chachamim (they forbid even when Levi was born after Yibum).

(g)

Really, R. Shimon should explicitly argue in the Reisha. He waited until Chachamim finished their laws before giving his opinion.

(h)

Question: According to R. Shimon, when is Eshes Achiv she'Lo Hayah b'Olamo forbidden?

(i)

Answer #1: This is when a man dies without brothers, and then a brother is born.

(j)

Answer #2: This is when there were two brothers, one died, a third brother was born and the surviving brother did not do Yibum or die. (However, if he did, it is as if she falls from the latter brother and R. Shimon permits.).

(k)

Question: We understand why R. Shimon permits when Levi was born after Yibum. When he entered the world, Chanah was permitted;

1.

However, when he was born before Yibum, why may he do Yibum?

(l)

Answer: R. Shimon holds that Yesh Zikah, so it is as if Shimon did Yibum.

(m)

Question (Rav Yosef): R. Shimon is unsure whether or not Zikah with a Ma'amar is like having done Yibum. Does he have a doubt about Zikah alone?

1.

(Mishnah): If three brothers were married to three unrelated women and one man died, and a brother gave a Ma'amar and died, the widows do Chalitzah but not Yibum.

i.

"And one of them died" - Yibum applies when there is Zikah from one Yavam, but not from two;

2.

R. Shimon says, the remaining brother may do Yibum or Chalitzah with whichever woman he wants;

3.

He cannot do Yibum with both. Perhaps Yesh Zikah, and it is as if both Yevamos fell from one brother.

4.

He cannot do Yibum with one, and exempt the other. Perhaps Zikah is not like Yibum, and the two Yevamos fell from different brothers.

5.

This shows that R. Shimon is in doubt whether or not Zikah is like Yibum.