Mishnah 1
1)
(a)What is the Din regarding marrying the relatives of the woman with whom he performed Chalitzah (or of the woman marrying his relatives)?
(b)On what grounds does the Mishnah permit them to marry each other's relatives if the Yevamah is later found to be pregnant (See Tos. Yom-Tov) and subsequently gives birth?
(c)What if the baby turns out to be a miscarriage?
(d)What else is the Chalutzah forbidden to do in the latter case but permitted in the former?
1)
(a)The Yavam is forbidden to marry the relatives of the woman with whom he performed Chalitzah (and vice-versa).
(b)The Mishnah permits them to marry each other's relatives, in the event that the Yevamah is later found to be pregnant (See Tos. Yom-Tov) and subsequently gives birth - because it then transpires that she was not a Yevamah in the first place.
(c)However, if the baby turns out to be a miscarriage - then they are forbidden to marry each other's relatives (See Tos. Yom-Tov).
(d)The Chalutzah is also forbidden - to marry a Kohen in the latter case, but permitted in the former.
Mishnah 2
2)
(a)What will be the Din if one performs Yibum with a woman who is found to be pregnant, assuming the baby ...
1. ... survives?
2. ... turns out to be a miscarriage?
(b)What is the reason for the former ruling?
(c)And what does the Tana say he must do in a case where he performed Yibum within three months of his brother's death and it is not known whether the baby is the ninth-month baby of his brother or his seventh-month baby?
(d)And what about the baby?
2)
(a)If one performs Yibum with a woman who is found to be pregnant, and the baby ...
1. ... survives - he is obligated to divorce her and they are both Chayav to bring a Chatas.
2. ... turns out to be a miscarriage - he may retain her.
(b)The reason for the former ruling is - because he had relations with his brother's wife when there was no Mitzvah involved.
(c)And in a case where he performed Yibum within three months of his brother's death and it is not known whether the baby is the ninth-month baby of his brother or his seventh-month baby - he must divorce her ...
(d)... but the baby is Kasher.
3)
(a)In the previous case, why is the baby Kasher?
(b)What are the Yavam and Yevamah Chayav?
(c)On what principle is this based?
3)
(a)In the previous case, the baby is Kasher - because 'Mah Nafshach' (whichever one is the father, there is no reason to declare him Pasul).
(b)Both the Yavam and the Yevamah are Chayav - to bring an Asham Taluy ...
(c)... based on the principle - that wherever one is Kareis for Vaday Meizid and Chatas for Vaday Shogeg, by a Safek one is Chayav an Asham Taluy (See Tos. Yom-Tov).
Mishnah 3
4)
(a)What do Beis Shamai and Beis Hillel agree upon (See Tos. Yom-Tov) regarding a Shomeres Yavam who inherits property from her deceased father?
(b)The Tana now discusses what happens to the Kesubah and to the property that comes in and goes out with her in the event that the Yavam performed Ma'amar with her (See Tos. Yom-Tov) and she subsequently died. What does her Kesubah incorporate, besides Manah/Masayim and the Tosefes (that her husband adds to that sum)?
(c)What is this otherwise known as (See Tos. Yom-Tov)?
4)
(a)Beis Shamai and Beis Hillel agree (See Tos. Yom-Tov) that a Shomeres (See Tos. Yom-Tov) Yavam who inherits property from her deceased father - is permitted to sell and donate it as she wishes.
(b)The Tana now discusses what happens to the Kesubah and to the property that comes in and goes out with her in the event that the Yavam performed Ma'amar with her (See Tos. Yom-Tov) and she subsequently died (See Tos. Yom-Tov DH 'Beis Shamai Omrim ... '). Besides Manah/Masayim and the Tosefes (that her husband adds to that sum), the Kesubah incorporates - the dowry that she brings into the marriage, on which her husband accepts responsibility ...
(c)... which is otherwise known as 'Nechsei Tzon Barzel'.
5)
(a)What is the definition of property that comes in and goes out with her?
(b)Why does the Tana call it by this name?
(c)Why does the Yavam not automatically inherit it all?
5)
(a)Property that comes in and goes out with her is known as - 'Nechsei Milug' [property which she brings into the marriage and which her husband does not take responsibility for]).
(b)The Tana calls it by this name - because when she marries it comes in with her, and when her husband divorces her, it goes out with her.
(c)The Yavam does not automatically inherit it all - because Ma'amar renders her Safek married (even according to Beis Shamai [See Tos. Yom-Tov DH 'Beis Shamai Omrim ... '), in which case he is a Safek Yoresh.
6)
(a)According to Beis Shamai, the husband's heirs receive half the property. To whom does 'the husband's heirs' refer?
(b)Who receives the other half?
(c)Beis Hillel rule (with reference to Nechsei Tzon Barzel) that the property remains in their Chazakah, without explaining whose. What is then the Halachah, according to them, regarding ...
1. ... the Kesubah itself?
2. ... the Nechsei Milug?
3. ... the Nechsei Tzon Barzel?
6)
(a)According to Beis Shamai, the husband's heirs - (i.e. the Yavam) receive half the property, whilst ...
(b)... the other half goes to - the heirs of the Yevamah's fathers (See Tos. Yom-Tov).
(c)Beis Hillel rule (with reference to Nechsei Tzon Barzel) that the property remains in their Chazakah, without explaining whose (See Tos. Yom-Tov). The Halachah, according to them, is that ...
1. ... the Kesubah itself goes to - the husband's heirs (the Yavam) ...
2. ... the Nechsei Milug - the father's heirs, and ...
3. ... the Nechsei Tzon Barzel - is divided between the two.
Mishnah 4
7)
(a)What does the Tana say with regard to both her Kesubah and the Nechsei Tzon Barzel in the event that the Yavam actually performed Yibum?
(b)What are the ramifications of this statement?
(c)What is the sole exception to this ruling?
(d)What if her husband left no property?
(e)How much does the Yavam then write into the Kesubah?
7)
(a)The Tana rules that, in the event that the Yavam actually performed Yibum - she is his wife regarding all matters ...
(b)... in that if he wishes to separate from her he requires a Get and not Chalitzah, and that he is subsequently permitted to take her back.
(c)The sole exception to this ruling is - that she receives her from her first husband's property (See Tos. Yom-Tov).
(d)And it is only if he left no property - that the Yavam must writes her a Kesubah ...
(e)... for one Manah (a hundred Zuz) only.
Mishnah 5
8)
(a)From which Pasuk in Ki Seitzei does the Mishnah learn that initially, the Mitzvah of Yibum falls on the B'chor?
(b)What if ...
1. ... he does not want to perform the Mitzvah?
2. ... none of the brothers want to perform it either?
8)
(a)The Mishnah learns that initially, the Mitzvah of Yibum falls on the B'chor from the Pasuk in Ki Seitzei - "Vehayah ha'Bechor".
(b)If ...
1. ... he does not want to perform the Mitzvah (See Tos. Yom-Tov) - then Beis-Din put it to his brothers to do so.
2. ... none of the brothers want to perform it (See Tos. Yom-Tov) either - then we go back to the oldest brother and tell him that the Mitzvah is his, and that he is obligated to perform either Yibum or Chalitzah.
Mishnah 6
9)
(a)What does the Mishnah rule in a case where ...
1. ... the oldest brother agrees to perform Yibum only on condition that a younger brother grows up and declines to do so (See Tos. Yom-Tov)?
2. ... the second oldest brother asks that one should wait until his older brother returns from overseas?
3. ... the former pushes the Mitzvah on to his brother who is a Cheresh or a Shoteh?
(b)On which principle are the first two rulings based?
9)
(a)The Mishnah rules in a case where ...
1. ... the oldest brother agrees to perform Yibum only on condition that a younger brother grows up and declines to do so (See Tos. Yom-Tov), where ...
Mishnah 7
10)
(a)What does the Mishnah say about a Yavam who performs Chalitzah regarding his deceased brother's inheritance?
(b)What might we otherwise have thought?
(c)And what will be the Din regarding a Yavam who performs Yibum one day and divorces the Yevamah the next day?
(d)From which Pasuk do we learn it?
10)
(a)The Mishnah rules that if a Yavam performs Chalitzah - he inherits his deceased brother together with his other brothers.
(b)We might otherwise have thought that - we penalize him for not performing Yibum, and that he loses his portion.
(c)If the Yavam performs Yibum one day and divorces the Yevamah the next day - he nevertheless inherits the entire property of his deceased brother ...
(d)... because the Torah writes "Yakum al-Shem Achiv", which he did.
11)
(a)If there is no Yavam, we have learned in Bava Basra that a father takes precedence over all his offspring regarding inheritance. What does the Tana Kama say here about where there is a Yavam?
(b)Rebbi Yehudah disagrees. What does he say?
(c)How does he learn this from the Pasuk in Ki Seitzei "Vahayah ha'Bechor"?
(d)Like whom is the Halachah?
11)
(a)If there is no Yavam, we have learned in Bava Basra that a father takes precedence over all his offspring regarding inheritance. The Tana Kama here rules that where there is a Yavam - he is the sole heir.
(b)According to Rebbi Yehudah - the sole heir is the father.
(c)And he learns this from the Pasuk in Ki Seitzei "Vahayah ha'Bechor",from which we extrapolate - that like a firstborn who does not receive anything during his father's lifetime, neither does the Yavam.
(d)The Halachah is - like the Tana Kama.
12)
(a)We have already learned that the brother who performs Chalitzah is forbidden to marry the Yevamah's relatives and vice-versa. What about the other brothers?
(b)Whom does the Tana list, besides the Yevamah's mother and both grandmothers, her daughter and both granddaughters?
(c)On what condition will she be permitted?
(d)Does this concession extend to other relatives?
12)
(a)We have already learned that the brother who performs Chalitzah is forbidden to marry the Yevamah's relatives and vice-versa. The other brothers - are permitted to do so.
(b)Besides the Yevamah's mother and both grandmothers, her daughter and both granddaughters, the Tana lists - her sister ...
(c)... who becomes permitted once she (the Yevamah) dies.
(d)This concession - does not extend to other relatives.
13)
(a)On the other side, he lists the Yavam's father and both grandfathers (See Tos. Yom-Tov), his son and his grandson. Which other two relative does he add?
(b)What about all the other relatives (See Tos. Yom-Tov DH 'Zachah bi'Nechasim ...')?
(c)What is the source for the prohibition?
13)
(a)On the other side, he lists the Yavam's father and both grandfathers (See Tos. Yom-Tov), his son, his grandson - his brother and his brother's son.
(b)All the other relatives - are forbidden too (See Tos. Yom-Tov DH 'Zachah bi'Nechasim ...').
(c)The source for the prohibition is - mi'de'Rabbanan.
14)
(a)What will be the Din with regard to a Yavam marrying ...
1. ... the sister of the Tzarah of his Chalutzah?
2. ... the Tzarah of his Chalutzah's sister?
(b)What is the case (of the latter)?
(c)What is the reason for the prohibition of all the cases of K'rovas Chalutzaso?
(d)Why did the Chachamim then not issue the same prohibition in the case of K'rovas Tzaras Chalutzaso?
14)
(a)A Yavam may marry ...
1. ... the sister of the Tzarah of his Chalutzah, but not ...
2. ... the Tzarah of his Chalutzah's sister.
(b)The case (of the latter) is - where Rachel, Reuven's Chalutzah, had a sister Le'ah, whose husband Dan had another wife. When Dan dies, Reuven is forbidden to marry her.
(c)And the reason for the prohibition all the cases of K'rovas Chalutzaso is - based on the fact that the Yevamah tends to take her sister with her to the Beis-Din for the Chalitzah ceremony. Consequently, we are afraid that people will think that it was the sister who performed the Chalitzah, and, when they see the Yavam marrying her Tzarah, they will think that one is permitted to marry Tzaras Chalutzaso.
(d)The Chachamim did not issue the same prohibition in the case of K'rovas Tzaras Chalutzaso - since the Yevamah will take her sister with her to Beis-Din, but not her Tzarah.
Mishnah 8
15)
(a)What must Reuven do, if Shimon, who is married to the sister of his Chalutzah, dies?
(b)What will the Din in the equivalent case, but where Shimon is married to the sister of Reuven's divorcee?
(c)Why the difference (See Tiferes Yisrael)?
15)
(a)If Shimon, who is married to the sister of Reuven's Chalutzah, dies - the latter must do Chalitzah with her.
(b)In the equivalent case, but where Shimon is married to the sister of Reuven's divorcee - she requires neither Chalitzah nor Yibum ...
(c)... because, whereas Achos Chalutzah is only 'de'Rabbanan, Achos Gerushah is d'Oraysa.
Mishnah 9
16)
(a)What is the problem in a case where the younger brother betrothed the sister of a Shomeres Yavam?
(b)According to Rebbi Yehudah ben Beseira, what do we say to him?
(c)On what condition are they then permitted to marry?
(d)What if the Yevamah dies?
16)
(a)In a case where the younger brother betrothed (See Tos. Yom-Tov) the sister of a Shomeres Yavam, the problem is - that she is Achos Zekukaso.
(b)According to Rebbi Yehudah ben Beseira, we say to him - 'Wait until your older brother (See Tos. Yom-Tov) acts before marrying her.
(c)They are then permitted to marry - as soon as the older brother performs either Yibum or Chalitzah (thereby removing the Zikah).
(d)If the Yevamah dies - they are permitted to marry (bearing in mind that, even if his brother would have been married to her when she died, he would be permitted to marry her sister).
17)
(a)What if the older brother dies?
(b)Why can he not perform Yibum with the Yevamah after divorcing her sister?
(c)According to the Chachamim of Rebbi Yehudah ben Beseira, the brother is initially obligated to divorce the Yevamah's sister. Like whom is the Halachah?
17)
(a)If the older brother dies - the younger brother (the Yavam) is obligated to give his betrothed a Get and to make Chalitzah with her sister (See Tos. Yom-Tov).
(b)He cannot perform Yibum with the Yevamah after divorcing her sister - since she is Achos Gerushaso.
(c)According to the Chachamim of Rebbi Yehudah ben Beseira, the brother is initially obligated to divorce the Yevamah's sister. The Halachah is - like Rebbi Yehudah ben Beseira.
Mishnah 10
18)
(a)How long must the Yavam wait prior to performing Chalitzah or Yibum?
(b)Why is that?
(c)This reason makes sense with regard to Yibum, but why can he not make Chalitzah immediately?
(d)From which Pasuk in Ki Seitzei do we learn this principle?
18)
(a)Prior to performing Chalitzah or Yibum, the Yavam must wait - three months ...
(b)... in case she is pregnant, and we will subsequently not know which husband is the father of the baby.
(c)And the reason that he cannot even make Chalitzah immediately is - because of the principle that 'Whoever cannot perform Yibum is not subject to Chalitzah either' ...
(d)... which we learn from the Pasuk in Ki Seitzei - "If the man does not want to take his Yevamah, then he shall do Chalitzah", implying that Chalitzah only applies where the Yavam has the option to perform Yibum (See Tos. Yom-Tov).
19)
(a)What is the equivalent Din regarding other women whose husbands have died?
(b)This Din, says the Mishnah, extends to Besulos and Be'ulos, to divorcees and to widows, to married women and to women who were betrothed. What does 'Besulos' mean in this context? How can a married woman be categorized as a virgin (See Tos. Yom-Tov)?
(c)What does Rebbi Yehudah say about ...
1. ... women who were married?
2. ... women who were betrothed?
(d)Why, in the latter case, does he preclude 'Arusos she'bi'Yehudah'?
(e)Why did they do that?
19)
(a)The equivalent Din regarding other women whose husbands have died is - that they may neither become betrothed not married before three months.
(b)This Din, says the Mishnah, extends to Besulos and Be'ulos, to divorcees and to widows, to married women and to women who were betrothed. 'Besulos' in this context - means 'betrothed', since 'betrothed' and 'married' is merely the explanation of 'Besulos' and Be'ulos.
(c)Rebbi Yehudah permits ...
1. ... women who were married - to become betrothed, and ...
2. ... women who were betrothed - to get married.
(d)In the latter case, he precludes 'Arusos she'bi'Yehudah' - whom they would permit to meet privately (See Tiferes Yisrael) before going under the Chupah, creating the suspicion that they may have been intimate and that the woman might be pregnant (See Tos. Yom-Tov).
(e)They did that - in order to allow them to become more familiar with one another, to remove the innate shyness that is otherwise manifest during the first time that a couple is intimate after they are married.
20)
(a)Whom does Rebbi Yossi preclude from his ruling permitting the betrothal of the above women?
(b)Why is that?
(c)For how long does the prohibition last?
(d)In which point does he then argue with Rebbi Yehudah?
20)
(a)Rebbi Yossi precludes - a widow from his ruling permitting the betrothal of the above women ...
(b)... because she is in mourning ...
(c)... in which case the prohibition lasts - for thirty days.
(d)He argues with Rebbi Yehudah - over the latter case, which Rebbi Yehudah permits even during the first thirty days.
Mishnah 11
21)
(a)What does the Mishnah say about the oldest brother performing Yibum with four Yevamos that fall to him from four brothers whose wives have all died?
(b)On what condition is he permitted to do so?
(c)Why does the Tana mention specifically four?
21)
(a)The Mishnah - permits the oldest brother to perform Yibum with four Yevamos that fall to him from four brothers whose wives have all died ...
(b)... on condition that he is able to provide for all of them.
(c)The Tana mentions specifically four - to preclude more, due to a husband's obligation to fulfil the Mitzvah of Onah (intimacy) at least once a month (See Tos. Yom-Tov).
22)
(a)What do we learn from the Pasuk in Ki Seitzei " ... asher Lo Yivneh es Beis Achiv?
(b)Why is the Yavam not permitted to make Chalitzah with each Yevamah?
(c)And what does the Tana say about two Yevamos that fall to a Yavam from one brother, one of whom is Kasher and the other, Pasul (li'Kehunah) assuming he wants to perform ...
1. ... Chalitzah?
2. ... Yibum?
(d)What is the reason for the latter ruling?
22)
(a)We learn from the Pasuk in Ki Seitzei " ... asher Lo Yivneh es Beis Achiv - that - a Yavam is forbidden to perform Yibum with more than one Yevamah (from the same house).
(b)He is not permitted to make Chalitzah with each Yevamah either - since whoever is not eligible for Yibum is not eligible for Chalitzah either (See Tos. Yom-Tov).
(c)The Tana also rules that if two Yevamos fall to a Yavam from one brother, one of whom is Kasher and the other, Pasul (li'Kehunah) assuming he wants to perform ...
1. ... Chalitzah - he should do so with the one who is Pasul.
2. ... Yibum - he must do so with the one who is Kasher.
(d)The reason for the former ruling is - in order not to render the Kasher one Pasul from marrying a Kohen.
Mishnah 12
23)
(a)On what condition is one forbidden to marry one's divorcee?
(b)What does Rebbi Aiva say about someone who marries
1. ... his divorcee?
2. ... his Chalutzah or her relative?
(c)What does Rebbi Akiva learn from the Pasuk in Ki Seitzei (in connection with Chalitzah "Beis Chalutz ha'Na'al"?
23)
(a)One is forbidden to marry one's divorcee - if she has been married to another man in the meantime (See Tos. Yom-Tov).
(b)Rebbi Akiva rules that someone who marries ...
1. ... his divorcee ...
2. ... his Chalutzah or her relative - is obligated to divorce her and that their children are Mamzerim.
(c)Rebbi Akiva learns from the Pasuk in Ki Seitzei (in connection with Chalitzah) "Beis Chalutz ha'Na'al" - that one's Chalutzah is akin to one's wife (See Tos. Yom-Tov) with regard to marrying her relatives..
24)
(a)What is Rebbi Akiva's reason for declaring the babies in the above cases Mamzerim.
(b)What do the Chachamim say?
(c)Like whom is the Halachah?
(d)In which of the above cases do the Chachamim nevertheless concede that the baby is a Mamzer?
(e)Why is that?
24)
(a)Rebbi Akiva declares the babies in the above cases Mamzerim - because he holds 'Yesh Mamzer me'Chayvei La'avin'.
(b)The Chachamim hold 'Ein Mamzer me'Chayvei La'avin ...
(c)... and that is the Halachah.
(d)The Chachamim nevertheless concede that the baby - that one fathers from a relative of one's divorcee is a Mamzer ...
(e)... because they hold that one's divorcee is compared to one's wife (in which case her mother and her sister are Chayvei K'risos [See Tos. Yom-Tov]).
Mishnah 13
25)
(a)Rebbi Akiva defines a Mamzer as the product of a relationship between two blood-relatives that is subject to a La'av (See Tos. Yom-Tov)?
(b)What does Shimon ha'Timni say?
(c)Like whom does the Mishnah rule (though this is not necessarily the last word in Halachah)?
25)
(a)Rebbi Akiva defines a Mamzer as the product of a relationship between two blood-relatives that is subject to a La'av (See Tos. Yom-Tov DH 'Kol Sh'er' & 'she'Hu be'Lo Yavo').
(b)According to Shimon ha'Timni - it is one that is subject to Kareis (See Tos. Yom-Tov) ...
(c)... and the Mishnah adds that this is the Halachah (though this is not necessarily the last word in Halachah [See Tos. Yom-Tov]).
26)
(a)What does Rebbi Yehoshua say?
(b)What was written in the Megilas Yuchsin that Shimon ben Azai found in Yerushalayim?
(c)Whose opinion did it support?
(d)Like whom is the Halachah?
(e)What is the one exception to the rule? Whose relationship does the Torah punish with Kareis, yet their child is not a Mamzer?
26)
(a)Rebbi Yehoshua says - that it is a relationship that carries with it a Chiyuv Misas Beis-Din (See Tos. Yom-Tov).
(b)Written in the Megilas Yuchasin that Shimon ben Azai found in Yerushalayim was - 'Ish P'loni Mamzer me'Eishis Ish (a sin for which one is Chayav Misas Beis-Din (See Tos. Yom-Tov) ...
(c)... supporting the opinion of Rebbi Yehoshua.
(d)The Halachah is - like Shimon ha'Timni.
(e)The one exception to the rule is - a Nidah, which the Torah punishes with Kareis, yet their child is not a Mamzer.
27)
(a)What does the Mishnah say about marrying the sister of one's Yevamah ...
1. ... after she (the Yavamah) dies?
2. ... if she dies after having performed Chalitzah?
3. ... if she dies after having married someone else?
(b)What is the Tana coming to teach us (See Tos. Yom-Tov)?
(c)Why is that?
(d)Which Pasuk?
27)
(a)The Mishnah - permits marrying the sister of one's Yevamah ...
1. ... after she (the Yavamah) dies, even ...
2. ... if she dies after having performed Chalitzah or ...
3. ... after having married someone else.
(b)The Tana is - not coming to teach us anything ...
(c)... since it is based on a Pasuk that every child knows [See Tos. Yom-Tov]).
(d)The Pasuk (in Ki Seizei) is - "Alehah be'Chayehah".
