Mishnah 1
1)
(a)What does the Mishnah say about four brothers (See Tos. Yom-Tov), two of whom were married to two sisters (See Tos. Yom-Tov), and who subsequently died?
(b)Why is that?
(c)According to the Tana Kama, if they went ahead and performed Yibum, they are obligated to divorce them. What does Rebbi Eliezer say about that?
1)
(a)The Mishnah rules that in a case of four brothers (See Tos. Yom-Tov), two of whom were married to two sisters (See Tos. Yom-Tov), and who subsequently died - the other two must perform Chalitzah but not Yibum ...
(b)... since each sister is Achos Zekukaso to each brother (See Tos. Yom-Tov).
(c)According to the Tana Kama, if they went ahead and performed Yibum, they are obligated to divorce them. According to Rebbi Eliezer however - that is the opinion of Beis Shamai. Beis Hillel permit them to retain them.
2)
(a)On what grounds does the Gemara switch the opinions of Beis Shamai and Beis Hillel according to Rebbi Eliezer?
(b)On what condition would we have been able to leave the opinions intact?
(c)How, in fact, is Rebbi Eliezer cited in Iduyos.
2)
(a)The Gemara switches the opinions of Beis Shamai and Beis Hillel according to Rebbi Eliezer however - based on the tradition that Beis Shamai is always the one to go le'Chumra, and Beis Hillel, le'Kula.
(b)We would we have been able to leave the opinions intact - had the Machlokes appeared among the cases in Iduyos where Beis Shamai goes le'Kula and Beis Hillel, le'Chumra.
(c)In fact, Rebbi Eliezer is cited in Iduyos - as he says here (See Tos. Yom-Tov DH 'Rebbi Eliezer Omer').
Mishnah 2
3)
(a)What if one of the sisters is forbidden to one the remaining brothers with an Isur Ervah (such as Chamoso or Eim Chamoso)?
(b)Why is that?
(c)How about the second remaining brother?
(d)What if she is forbidden to one of them with an Isur Mitzvah or an Isur Kedushah?
(e)Why the difference?
3)
(a)If one of the sisters is forbidden to one the remaining brothers with an Isur Ervah (such as Chamoso or Eim Chamoso) - then he is permitted to perform Yibum with the other one ...
(b)... who is no longer Achos Zekukaso (seeing as her sister is not Zakuk to him).
(c)The second remaining brother however - remains forbidden to both sisters (See Tos. Yom-Tov).
(d)If however, she is forbidden with an Isur Mitzvah or an Isur Kedushah - then the initial Din (Choletzes ve'Lo Misyabemes) applies ...
(e)... since min ha'Torah, she falls before him (in which case, her sister remains Achos Zekukaso), and it is the Chachamim who forbade him to perform Yibum with her (See Tos. Yom-Tov).
Mishnah 3
4)
(a)Still in connection with the case of the four brothers, on what condition does the Mishnah permit both brothers to perform Yibum?
(b)What does the Tana then when mean he equates this with the Mishnah in the second Perek 'Achosah ke'she'Hi Yevimtah O Choletzes O Misyabemes'?
(c)On what principle is this dual ruling based?
4)
(a)Still in connection with the case of the four brothers, the Mishnah permits both brothers to perform Yibum - there where each sister is also an Ervah to one of the brothers (See Tos. Yom-Tov).
(b)When the Tana equates this with the statement 'Achosah ke'she'Hi Yevimtah O Choletzes O Misyabemes', he means - that where the sister of the Ervah falls to Yibum together with the wife of her husband's brother, she is even permitted to perform Yibum.
(c)This dual ruling is based on the principle - that an Ervah does not fall to the Yavam for Yibum.
Mishnah 4
5)
(a)The Mishnah now discusses three brothers, two of whom are married to two sisters. Which other two Arayos does the Tana mention?
(b)According to the Tana Kama, what must the third brother do if his two brothers die?
(c)What does Rebbi Shimon say?
(d)How does he learn this from the Pasuk in Acharei-Mos "ve'Ishah el Achosah Lo Sikach Litzeror"?
5)
(a)The Mishnah now discusses three brothers, two of whom are married to two sisters - to a woman and her daughter or to a woman and granddaughter (See Tos. Yom-Tov).
(b)According to the Tana Kama, if two of the brothers die - the third brother must make Chalitzah, but not Yibum (See Tos. Yom-Tov).
(c)Rebbi Shimon maintains - that even Chalitzah is not necessary.
(d)He learns this from the Pasuk in Acharei-Mos "ve'Ishah el Achosah Lo Sikach Litzeror", which implies - that if two sisters are Tzaros to each other, then both are forbidden (See Tos. Yom-Tov).
6)
(a)What will be the Din if one of the sisters is also an Isur ...
1. ... Ervah?
2. ... Mitzvah or Kedushah?
6)
(a)If one of the sisters is also an Isur ...
1. ... Ervah - she is forbidden to him, but her sister is not (in which case even Yibum is permitted [See Tos. Yom-Tov]).
2. ... Mitzvah or Kedushah - 'Choltzos ve'Lo Misyabmos' (See Tos. Yom-Tov).
Mishnah 5
7)
(a)Once again, the Mishnah discusses three brothers, two of whom are married to two sisters, whereas the third one is not married (See Tos. Yom-Tov). But this time, only one of the brothers died. What did the unmarried brother do with his widow before the second brother died?
(b)Beis Shamai rules that the new Yevamah is not subject to Yibum because she is Achos Ishto. Why does her sister not become forbidden to him because of Achos Zekukaso?
7)
(a)Once again, the Mishnah discusses three brothers, two of whom are married to two sisters, whereas the third one is not married (See Tos. Yom-Tov). But this time, only one of the brothers died, and the unmarried brother performed - Ma'amar with the widow before the second brother died.
(b)Beis Shamai rules that the new Yevamah is not subject to Yibum - because she is Achos Ishto. Her sister does not become forbidden to him because of Achos Zekukaso however - since they hold that Ma'amar acquires completely (to render her Vaday Me'ureses min'ha'Torah [See also Tos. Yom-Tov]).
8)
(a)According to Beis Hillel, what must the third brother do regarding ...
1. ... his 'wife'?
2. ... his Yevamah?
(b)Why is that?
(c)What did the Chachamim say about the poor fellow?
8)
(a)According to Beis Hillel, the third brother must ...
1. ... both divorce his 'wife' and do Chalitzah with her.
2. ... do Chalitzah with his Yevamah ...
(b)... because in their opinion - Ma'amar is only considered a partial Kidushin, in which case his Yevamah remains Zekukaso and his wife, Achos Zekukaso.
Mishnah 6
9)
(a)The Mishnah now cites a case of Reuven and Shimon who were married to two sisters and their brother Levi to a woman not related to the other two, where Reuven and Levi died, the latter, after performing Yibum with the wife of the former. What does the Tana rule regarding the two women that now fall to Shimon?
(b)What if Levi performed, not Yibum with Reuven's wife, but Ma'amar?
(c)Why is he not permitted to perform Yibum?
(d)What if Levi had not performed Ma'amar?
(e)Then why does he mention Ma'amar? Whose opinion is he coming to preclude?
9)
(a)The Mishnah now cites a case of Reuven and Shimon who were married to two sisters and their brother Levi to a woman not related to the other two, where Reuven and Levi died, the latter, after performing Yibum with the wife of the former. The Tana rules that - Reuven's wife goes out because of Achos Ishah, and Levi's wife because of Tzaras Achos Ishto.
(b)If Levi performed, not Yibum with Reuven's wife, but Ma'amar - then the his first wife requires Chalitzah ...
(c)... not Yibum - because she is Tzaras Achos Zekukaso.
(d)The same Din would apply had Levi not performed Ma'amar ...
(e)... and the Mishnah mentions Ma'amar to preclude - the opinion of Beis Shamai (who considers Ma'amar like marriage, in which case she would not even require Chalitzah).
Mishnah 7
10)
(a)The Mishnah now discusses a case which begins like the previous one, where Reuven and Shimon were married to two sisters and their brother Levi to a woman not related to them, and where Reuven died, and Levi performed Yibum with his wife. Only this time, Shimon's wife died followed by Levi. What does the Tana say about Shimon performing Yibum with Reuven's ex-wife (his deceased wife's former sister)?
(b)When did she become Asur to him?
(c)What is the Din regarding her Tzarah (Levi's wife)?
(d)And what will be the Din if after Shimon divorced his wife, Levi died and he performed Yibum with his wife and died? What does the Tana say about Reuven performing Yibum with Levi's former wife?
(e)What is the basis for this ruling?
10)
(a)The Mishnah now discusses a case which begins like the previous one, where Reuven and Shimon were married to two sisters and their brother Levi to a woman not related to them, and where Reuven died, and Levi performed Yibum with his wife. Only this time, Shimon's wife died followed by Levi. The Tana rules - Reuven's ex-wife (his deceased wife's former sister) is forbidden to Shimon permanently ...
(b)... since she became forbidden to him (like Eishes Ach who has children) when Reuven died, and his own wife was still alive.
(c)Although the Mishnah does not mention the Tzarah (Levi's wife) - it seems that she must perform Chalitzah (because of a Safek as to whether, or not, he may perform Yibum [See Tos. Yom-Tov & Tiferes Yisrael]).
(d)If, after Shimon divorced his wife, Levi died and he performed Yibum with his wife and died - the Tana permits Reuven to perform Yibum with Levi's former wife ...
(e)... based on the Mishnah that we learned in the first Perek - which permits the Tzarah there, where her husband has previously divorced the Ervah (See Tiferes Yisrael).
Mishnah 8
11)
(a)What does the Mishnah say about the Tzarah of any of the fifteen cases of Ervah, in the event that the Ervah was Safek Mekudeshes or Safek Megureshes?
(b)What example does the Tana give of Safek Mekudeshes?
(c)What is the exact case?
(d)On what principle is the Safek based?
11)
(a)The Mishnah rules that the Tzarah of any of the fifteen cases of Ervah, in the event that the Ervah was Safek Mekudeshes or Safek Megureshes - requires Chalitzah but not Yibum.
(b)The example the Tana gives of Safek Mekudeshes is - where the man throws the Sh'tar Kidushin towards the woman, which lands at a point which is a Safek whether it is closer to him or to her (See Tos. Yom-Tov).
(c)The exact case is - where they are both standing in the R'shus ha'Rabim (See Tos. Yom-Tov) exactly eight Amos from one another, and the Kidushin lands in the middle.
(d)The Safek is based on the principle - that the four Amos that surround a person in the R'shus ha'Rabim acquire on his behalf.
12)
(a)A Get requires two witnesses and a date. The first of three examples of Safek Megureshes is where the man writes the Get in his own hand-writing, but there are no witnesses. What are the other two cases?
12)
(a)A Get requires two witnesses and a date. The first of three examples of Safek Megureshes is where the man writes the Get in his own hand-writing, but there are no witnesses. The other two other cases are - where there are two witnesses but no date and where there is a date but only one witness (See Tos. Yom-Tov).
Mishnah 9
13)
(a)What does the Mishnah now say about three brothers who are married to three unrelated women, where one of them dies and one of the remaining brothers perform Ma'amar with his wife and dies?
(b)How does the Tana learn this from the Pasuk in Ki Seitzei "u'Meis Achad meihem,Yevamah Yavo alehah"?
(c)What makes it 'Zikas Sh'nei Yabmin'?
13)
(a)If three brothers are married to three unrelated women (See Tos. Yom-Tov), one of them died and one of the remaining brothers performs Ma'amar with his wife and dies - the Mishnah requires the remaining brother to make Chalitzah with each of the women.
(b)The Tana learns this from the Pasuk in Ki Seitzei "u'Meis Achad meihem, Yevamah Yavo alehah" - which he Darshens 'she'alehah Zikas Yavam Echad, ve'Lo 'she'alehah Zikas Sh'nei Yevamin'
(c)What makes it 'Zikas Sh'nei Yabmin' is - the fact that, on the one hand, the Ma'amar renders her 'partially married to the second brother, whereas on the other, since he did not perform Yibum, the Zikah from the first brother remains.
14)
(a)What is the real source of 'Zikas Sh'nei Yabmin'?
(b)What prompted the Chachamim to issue this decree?
14)
(a)The real source for 'Zikas Sh'nei Yabmin' is a Gezeirah mi'de'Rabbanan (and the Pasuk is merely an Asmachta).
(b)The Chachamim issued this decree - out of concern that people will therefore think that a Yavam is permitted to perform Yibum with two Yevamos that come from the same house (See Tos. Yom-Tov).
15)
(a)Rebbi Shimon permits performing Yibum with whichever woman he pleases. What about the second woman?
(b)What is the basis of Rebbi Shimon's ruling (in connection with the status of Ma'amar)?
15)
(a)Rebbi Shimon permits performing Yibum with whichever woman he pleases - and Chalitzah with the second one ...
(b)... based on the fact that a Safek as to whether Ma'amar acquires completely or not at all.
16)
(a)On what grounds does he permit performing Yibum with the wife of the first brother to die?
(b)Why does the wife of the second brother then require Chalitzah?
(c)Why not Yibum?
(d)Like whom is the Halachah?
16)
(a)He permits performing Yibum with the wife of the first brother to die - because 'Mah Nafshech', if Ma'amar acquires, then there is only the Zikah of the second brother, whereas if it is not, then there is only the Zikah of the first.
(b)And the wife of the second brother then requires Chalitzah - in case Ma'amar does not acquire ...
(c)... but not Yibum - in case it does.
(d)The Halachah is - like the Tana Kama.
17)
(a)And what does the Tana rule in a case where Reuven and Shimon are married to two sisters and where first Reuven dies then Shimon's wife?
(b)Why is that?
17)
(a)In a case where Reuven and Shimon are married to two sisters and where first Reuven dies then Shimon's wife - Reuven's wife is forbidden to Shimon forever ...
(b)... since she was forbidden to him before his own wife died (See Tos. Yom-Tov).
Mishnah 10
18)
(a)What does the Tana say about two men who betrothed two women and at the time of the Chupah, they inadvertently switched wives?
(b)What if the two men are brothers?
(c)Why are they not Patur from the latter on account of the principle 'Ein Isur Chal al Isur'?
(d)What are the ramifications of this ruling?
18)
(a)The Tana rules that two men who betrothed two women and at the time of the Chupah, they inadvertently (See Tos. Yom-Tov) switched wives - are subject to Eishes Ish, and ...
(b)... if they are brothers - they are also subject to Eishes Ach.
(c)They are they not Patur from the latter on account of the principle 'Ein Isur Chal al Isur' - since the two Chiyuvim came simultaneously.
(d)The ramifications of this ruling are - that they will be Chayav two Chata'os.
19)
(a)On which other two conditions is he Chayav two Chata'os?
(b)And on what condition will they be Chayav even three?
19)
(a)He is also Chayav two Chata'os - if the second Chiyuv is an Isur Kolel or an Isur Mosif (See Tos. Yom-Tov).
(b)And they will be Chayav even three - if, at the time that they are intimate, she is also a Nidah.
20)
(a)For how long is Beis-Din obligated to separate them before allowing the women to return to their real husbands?
(b)Why is this necessary?
(c)On what condition will the period of separation not be necessary?
(d)What if the women are Kohanos?
20)
(a)Before allowing them to return to their real husbands, Beis-Din is obligated to separate them - for three months...
(b)... in case one of them is pregnant with a Mamzer, and one needs to separate the Kasher child from the Pasul one, and to know whose father each one is.
(c)The period of separation will not be necessary however - if the wives are Ketanos (who cannot become pregnant).
(d)If the women are Kohanos - they are also forbidden to eat T'rumah (in their father's house) even though they married the wrong husband be'Oneis (See Tos. Yom-Tov).
