1)

(a)We already defined Eishes Achiv she'Lo Hayah be'Olamo in the previous Perek (See answer to question 6). The Mishnah now discusses a case where Shimon (the brother who is still alive when Levi is born) performed Ma'amar - (the Kidushei Mamon [See Tos. Yom-Tov] de'Rabbanan of a Yevamah [See Tos. Yom-Tov]), prior to his birth.

(b)The Tana now rules - that the Tzarah requires Chalitzah but not Yibum.

(c)She...

1. ... requires Chalitzah - because she is not a Tzaras Ervah (since the Ma'amar is only mi'de'Rabbanan).

2. ... cannot make Yibum - since Ma'amar acquires partially (mi'de'Rabbanan) making her a Tzaras Ervah mi'de'Rabbanan.

(d)The principle that governs this ruling is - that wherever the Ervah is not properly Mekudeshes, the Tzarah requires Chalitzah but not Yibum.

2)

(a)In a case where Shimon performed Yibum before Levi was born and subsequently died, the Mishnah now rules - that ...

1. ... the woman who was initially Reuven's wife - goes out (is Patur even from Chalitzah), because she is 'Eishes Achiv she'Lo Hayah be'Olamo' (See Tos. Yom-Tov).

2. ... her current Tzarah (Shimon's other wife) - goes out because she is her Tzarah.

(b)After repeating the Din of Ma'amar (See Tos. Yom-Tov), the Tana cites Rebbi Shimon - who permits Levi to perform Chalitzah (See Tos. Yom-Tov) or Yibum with whichever woman he chooses.

(c)He is referring - to the earlier case, where Shimon performed Yibum before Levi was born and subsequently died.

(d)And his reason is - because Shimon's Yibum with Reuven's wife, negates the Zikah from Reuven completely.

(e)The Halachah is - like the Tana Kama.

3)

(a)The Mishnah cites a principle that 'Whoever is an Isur Ervah, is subject neither to Chalitzah nor to Yibum (neither she nor her Tzarah)'. We learn from the Pasuk in ki Seitzei (in connection with Yibum) ...

1. ... " ... asher Teiled" - that an Aylonis (who cannot have children) is Patur from Yibum (See Tos. Yom-Tov).

2. ... "u'Bein Ein lo" - that a 'S'ris Chamah and an Androginus are Patur too.

(b)A 'S'ris Chamah' is - a eunuch from birth.

(c)The wife of ...

1. ... a Ger and an Eved Meshuchrar (an Eved who has been set free) - are Patur from Yibum too, whereas ...

2. ... an old woman and one who is barren - are Chayav (See Tos. Yom-Tov).

(d)The wife of a Ger and an Eved Meshuchrar are not subject to Yibum - seeing as halachically, their husbands cannot have brothers.

(e)The Tana also discusses a woman who is an Isur Mitzvah and an Isur Kedushah (which will be defined in the next Mishnah). He rules that - although they are Patur from Yibum, they are Chayav to perform Chalitzah.

4)

(a)The Mishnah defines Isur Mitzvah as 'Sheniyos mi'Divrei Sofrim' - with reference to Arayos that the Chachamim decreed, which we are about to discuss.

(b)The Tana lists- twenty-four cases of 'Isur Mitzvah' ...

(c)... which he refer to as such - because 'It is a Mitzvah to obey the words of the Chachamim (See Tos. Yom-Tov).

(d)The first two cases of 'Isur Mitzvah' are one's mothers mother - (which goes back indefinitely [See Tos. Yom-Tov]) and one's mother's father's mother - (which is exclusive).

(e)The next on the list are his father's mother - (which, like his mother's mother, goes back indefinitely [See Tos. Yom-Tov]) and his father's father's mother (See Tos. Yom-Tov).

5)

(a)The next two are one's father's father's wife and one's mother's father's wife. The former goes back indefinitely (See Tos. Yom-Tov) - the latter does not (See also Tiferes Yisrael 19 (24).

(b)This is followed by one's father's maternal brother's wife (See Tos. Yom-Tov) and one's mother's brother's wife - even if she is the wife of his mother's paternal brother (which is not the case by the former case).

(c)The remaining twelve too, come in pairs. After one's ...

1. ... son's daughter-in-law (which goes on indefinitely (See Tos. Yom-Tov) comes - one's daughter's daughter-in-law.

2. ... son's daughter's daughter, comes - one's daughter's daughter's daughter (See Tos. Yom-Tov).

3. ... son's son's daughter comes - one's daughter's son's daughter.

4. ... wife's son's daughter's daughter comes - one's wife's daughter's daughter's daughter.

5. ... wife's father's mother's mother comes - one's wife's mother's mother's mother.

6. ... wife's mother's father's mother comes - one's wife's father's father's mother.

6)

(a)The Tana then lists four cases of Isur Kedushah (See Tos. Yom-Tov); 1. one that pertains to a Kohen Gadol; 2. two to a Kohen Hedyot; 3 two to a Yisrael and 4. one to a Nasin - (from the tribe of the Giv'onim, whom Yehoshua appointed wood-choppers and water-drawers, and David forbade to marry into K'lal Yisrael) and Mamzer.

(b)He lists ...

1. ... an Almanah to a Kohen Gadol (See Tos. Yom-Tov).

2. ... a Gerushah and a Chalutzah (See Tos. Yom-Tov) to a Kohen Hedyot.

3. ... a Mamzeres and a Nesinah to a Yisrael.

4. ... a bas Yisrael to a Nasin and a Mamzer.

7)

(a)The case of ...

1. ... Almanah le'Kohen Gadol is - where the Kohen Gadol's brother, who was a Kohen Hedyot, dies, and his wife falls to him for Yibum.

2. ... Gerushah va'Chalutzah le'Kohen Hedyot is - where the Kohen Hedyot's brother, who married a divorcee be'Isur, died and his wife falls to him for Yibum.

(b)They are ...

1. ... not Patur from Chalitzah - because Kidushin between the Yavam and the Yevamah would be effective.

2. ... Patur from Yibum however - because she is forbidden to him (with an Isur La'av).

(c)We learn that Kidushin takes effect on Chayvei La'avin from the Pasuk in Acharei-Mos regarding 'Achos Ishah' - (from which we learn that Kidushin does not take effect on Arayos, all of which are Cahayav Kareis, implying that on ordinary Chayvei La'avin, Kidushin does take effect).

8)

(a)When the Tana says that a brother 'mi'Kol Makom' is required to perform Yibum with his deceased brother's wife, he is coming to include - a brother who is a Mamzer (See Tos. Yom-Tov & Tiferes Yisrael).

(b)And when he adds that he is a brother in every respect he is referring to - the Dinim of inheritance and rendering himself Tamei when he dies if he is a Kohen (See Tos. Yom-Tov).

(c)The only two exceptions to this rule are a brother from a Shifchah and - a brother from a Nochris ...

(d)... both of which are not Halachically brothers because their Yichus follows their respective mothers

9)

(a)We learn from the Pasuk in ...

1. ... Mishpatim "ha'Ishah vi'Yeladehah Tih'yeh la'Adonehah" - that the Yichus of the child of a Shifchah follows its mother.

2. ... in Va'eschanan "Ki Yasir es Bincha me'Acharai" - that the Yichus of a child of a Nochris follows its mother, too.

(b)This phrase therefore means - "When he (your Nochri son-in-law) leads the son that he fathers from your daughter astray ...

(c)... implying - that the grandson that your son fathers from your Nochri daughter-in-law is not subject to being led astray (since he is a Nochri [See Tos. Yom-Tov]).

(d)Had the grandson referred to in the Pasuk adopted his father's Yichus, the Torah would have written - "Ki Tasir es Bincha ... " (with reference to the Nochris who has married your son).

10)

(a)The Mishnah rules that someone who has a son 'mi'Kol Makom' (See Tiferes Yisrael) - exempts his father's wife from Yibum.

(b)He then repeats the same details as he presented with regard to a brother, adding that that son is Chayav - Misah (bi'Yedei Adam) for striking or cursing him.

11)

(a)The Tana rules that someone who betroths one of two sisters and doesn't know which one he betrothed - is obligated to give each one of them a Get.

(b)He cannot simply betroth one of them afresh and take her as a wife - since she is forbidden to him because of Safek Achos Ishah.

(c)If, before managing to give the two a Get, he dies childless and leaves ...

1. ... one brother - he is obligated to perform Chalitzah with each of his brother's two 'wives'.

2. ... two brothers - then one performs Chalitzah (first) and the other one Yibum, if he so wishes ...

(d)... because Mah Nafshach - if the woman with whom he performed Yibum (Rachel) is indeed the Yevamah, then there is no problem; whereas if her sister (Le'ah) is the real Yevamah, then she (Rachel) became permitted when his brother performed Chalitzah with her sister (Le'ah), thereby removing the Zikah.

12)

(a)If however, the two brothers performed Yibum (See Tos. Yom-Tov) without consulting the Beis-Din (See Tos. Yom-Tov) - then they may retain their wives ...

(b)... seeing as each one can claim that he married the Yevamah. And in any case, even the one who performed Yibum first, married Achos Zekukaso, the Yibum that his brother subsequently performed with the real Yevamah removed the Zikah retroactively, so that he is no longer sinning by living with her (since she is no longer Achos Zekukaso).

(c)If however, they did consult Beis-Din, and despite Beis-Din's ruling, they both performed Yibum - they are obligated to divorce their wives.

13)

(a)In a case where two people betrothed two sisters and neither of them can recall which one he betrothed ....

1. ... they must both divorce their respective wives.

2. ... their brothers, in the event that they (the aforementioned brothers) both died before having been able to divorce the women - must each make Chalitzah with both women.

(b)In the latter case, neither of them is permitted to perform Yibum - since each one is forbidden because of Achos Zekukaso.

(c)If one of the men had one brother and the other, two - the Tana requires the single brother to make Chalitzah on both sisters, after which one of the two brothers may perform Chalitzah with one of them, and his brother, Yibum with the other (See Tos. Yom-Tov).

(d)The single brother cannot perform Yibum with the one sister ...

1. ... first - because she may be Achos Zekukaso.

2. ... after he has performed Chalitzah with the other one - because she may be Achos Chalutzaso.

(e)And the reason that he must he do Chalitzah with the second sister before one of the two brothers performs Yibum with one of them is - to remove the Zikah from the one who is his Yevamah, thereby removing the Isur of Yevamah le'Shuk.

14)

(a)In the latter case ...

1. ... the first of the two brothers (Reuven) must first do Chalitzah with the one sister before the second brother performs Yibum with the second one (Shimon) - to remove the Zikah, in case she is in fact his (Reuven's) Yevamah. Consequently ...

2. ... the second brother is then permitted to perform Yibum - because Mah-Nafshach, if the woman with whom he is performing Yibum is his Yevamah, then there is no problem; and if she is not, she is no longer Achos Zekukaso, since his brother removed the Zikah from her sister, as we just explained.

(b)If both brothers went ahead and performed Yibum without asking Beis-Din - they are not obligated to divorce them (See Tos. Yom-Tov).

15)

(a)If each of the two deceased men had two brothers - one from each pair of brothers does Chalitzah with one of the sisters, and his brother may then perform Yibum with the sister with whom the brother of the other pair performed Chalitzah (Tos. Yom-Tov).

(b)If she is his Yevamah there is no problem, since it is with her sister with which his brother did Chalitzah (and she is not his Yevamah). Neither are we afraid that she is a Yevamah la'Shuk - since one of the other pair of brothers (whose Yevamah she is) did Chalitzah with her (as we just explained), thereby removing the Zikah.

16)

(a)The fact that one set of Yevamim each did Chalitzah with one of the Yevamos will not permit each of the other brothers to perform Yibum with one of the two sisters - because the first one to do so may be transgressing Achos Zekukaso.

(b)As in the previous case - the one brother must first do Chalitzah with one of the sisters, and the other brother may then perform Yibum with the other one.

(c)If the second set of brothers went ahead and performed Yibum, one with each of the two sisters - they are permitted to retain them.

17)

(a)The Mitzvah of Yibum initially (See Tos. Yom-Tov) falls - on the oldest brother.

(b)If a younger brother performs it - his Yibum is effective.

(c)We learn from the Pasuk in Ki Seitzei ...

1. ... " ... u'Lekachah lo le'Ishah. Vehayah ha'Bechor (See Tos. Yom-Tov) ... " - that the Mitzvah of Yibum falls initially on the oldest brother.

2. ... " ... asher Teiled" - that Yibum does not apply to an Aylonis (who cannot have children).

3. ... "Yakum al-Shem Achiv ha'Meis" - that the Yavam alone inherits his deceased brother.

18)

(a)The Mishnah rules that someone who is suspected of having had relations with ...

1. ... a Shifchah (who is subsequently set free), with a Nochris (who subsequently converts) or with ...

2. ... a married woman whose husband subsequently divorces her - is forbidden to marry her (See Tos. Yom-Tov).

(b)If they did marry without consulting Beis-Din however, whereas the Tana - permits the former to retain her (See Tos. Yom-Tov), he obligates the latter to divorce her ...

(c)... because, as opposed to the previous cases - the prohibition against marrying her is 'd'Oraysa.

(d)We learn this from the fact that, in Parshas Sotah - the Torah writes the word "ve'Nitma'ah twice, once forbidding her to her husband, and once forbidding her to the adulterer.

19)

(a)When a Shali'ach who brings a woman her Get from overseas hands it to her, he must declare that - the Get was both written and signed in his presence.

(b)One of the reasons for this given by the Gemara in Gitin is based on the fact that they were not experts in writing a Get li'Shemah'. The other is - because it will otherwise be difficult to find witnesses to verify it.

(c)The Mishnah now rules that ...

1. ... the Shali'ach and ...

2. ... a witness who testifies that a woman's husband has died, that 'We killed him or that he himself killed him (all of whom are believed to permit her to remarry) - is forbidden to marry her ...

(d)... because - seeing as it is only due to their participation that the woman is permitted to remarry, we are afraid that he may be lying in order to marry her (See Tos. Yom-Tov)

20)

(a)Rebbi Yehudah rules that a man who claims that he killed the woman's husband - is not believed ...

(b)... because according to his own testimony he is a Rasha, and the Torah specifically disqualifies the testimony of a Rasha.

(c)The Tana Kama ...

1. ... disagrees with him based on the principle that - since a person is his closest relative, he is not believed to turn himself into a Rasha.

2. ... nevertheless believes him with regard to allowing the woman to remarry - because - due to the principle of 'Palginan Dibureih' (the possibility of dividing a person's testimony into two parts), we believe him with regard to his statement that the woman's husband was killed (but not that he killed him).

(d)The Halachah is - like the Tana Kama.

(e)The case regarding where he claimed 'We killed him' is - that he was present when they did it, but not that he ot participate in the murder (See Tos.Yom-Tov).

21)

(a)The Mishnah rules that a Chacham ...

1. ... who is unable to find a Heter to release the Neder of a woman who made an oath forbidding Hana'ah from her husband - is forbidden to marry her when her husband subsequently divorces her, but that the Chacham ...

2. ... before whom the woman performed Miy'un or Chalitzah - is permitted to do so ...

(b)... because, unlike the former, who (assuming he is an expert) is permitted to issue rulings on his own, the latter requires a Beis-Din of three, and a Beis-Din of three (See Tos. Yom-Tov) is not subject to suspicion.

(c)The Tana rules that the man who brings a Get from overseas, who testifies that the woman's husband died, and the Chacham who is unable to release the woman's Neder ... , in the event that ...

1. ... he is married at the time but whose wife subsequently dies (See Tos. Yom-Tov) ... in the event that ...

2. ... the woman subsequently remarries and becomes divorced or widowed - he is permitted to marry her ...

(d)... since the likelihood of his having issued the ruling in order to marry the woman concerned is remote(See Tos. Yom-Tov).

22)

(a)The Mishnah finally rules that the son or the brother (See Tos. Yom-Tov) of the man concerned is - in any event, permitted to marry her ...

(b)... since - even a man who will sin for his own personal gain, will not do so for the sake of his son or brother.

23)

(a)Regarding the majority of the above cases, there where the man nevertheless did marry the woman - he is permitted to retain her (See Tos. Yom-Tov) ...

(b)... with the sole exception of - the adulterer in a case where witnesses testified that he actually committed adultery, following which Beis-Din ordered the husband to give his wife a Get.

(c)If however - Beis-Din ordered the man to divorce his wife merely because a suspicion that she committed adultery, then if he marries her, he is permitted to retain her.

(d)An example of this is - if the witnesses found the man leaving the apartment and the woman getting dressed, or getting off the bed.

24)

(a)This concession will not apply however, if it is followed by a rumor that persists - for at least one and a half days.

(b)Her husband will nevertheless be permitted to retain her even then - in the event that he has children from her ...

(c)... in order not to stigmatize them.