A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Nida 8A - 8B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
April 29, 2008
Duration
52:38

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The Eddie B Sit edition, an audio series of the Talmud Bavli, Masechet Niddah, has been dedicated by Ron Yaish in honor of his children, Ovadia Avraham ben Reizel Shifra and Levi Yitzchak ben Reizel Shifra, and also in honor of his Eshet Chayil, Reizel Shifra bat Tova Yocheved. I would like to bless Ron Yaish and his wife so that they should continue, B'ezrat Hashem, to have more children and that they should see much Nachat from their current children, both spiritually and materially. Amen. This Daf is l'ilui nishmat Avraham ben Ester v'Yosef ben Shmuel v'Chana; may Hashem comfort them in Gan Eden, Amen.

We begin today's Daf on Zayin Amud Bet, starting from the bottom line. The Gemara begins with the question, "V'tu leka?" You just told me on the last Daf that Shmuel says we follow Rabbi Eliezer four times, and the Gemara listed these four instances. So the Gemara asks, "What, that's it? There's no more times?" The Gemara cites a teaching from Rabbi Eliezer, stating, "V'haika detnan Rabbi Eliezer omer melamdim et haktana shetemaien bo." Rabbi Yehuda then states, "Amar v'amar Rabbi Yehuda amar Shmuel halacha k'Rabbi Eliezer." Let's discuss this Gemara in Berachot. It happens to be from Gemara Berachot, Daf Kaf Chet. The Gemara there discusses a din on a Miun.

Now, let's examine the case of Miun. You have two girls: one girl is a Gedola who got married, and her marriage is De'oraita. The other girl is a K'tana; her father died, and her brother married her off, which is a Kiddushin that is only De'rabanan. When the Gedola's husband dies, she falls to Yibum. Now, we have two brothers and two sisters. The Gedola falls to Yibum with this guy, but the marriage of the K'tana, which is only De'rabanan, is blocking the Yibum here. Therefore, we want the Yibum to take place, but she cannot go back to her husband because she is connected to this brother-in-law De'oraita.

What do we tell her to do? We instruct her to make a Miun. In a De'rabanan marriage, she is able to nullify it. She can say, "I don't want it; I'm out." This nullification retroactively cancels the marriage, allowing her to fall to Yibum. Normally, Miun is up to the girl if she wants to make it, but here we teach her to make a Miun to rectify this Halacha so she can proceed with the Yibum. The Yibum is De'oraita, and this Zika is also De'oraita because the marriage of the oldest sister was De'oraita.

Now, you might ask, why not just let the husband give her a divorce, a Get? No, if she receives a Get, then they cannot marry because it is Achot G'rushato. Thus, the only option is to nullify it as if it never happened, allowing the Yibum to take place. The other girl, the sister, makes a Miun, and now she frees up this guy. Now this guy can proceed to make a Yibum with her sister. Can she ever go back? That's right; it's a sister. You cannot marry two sisters in their lifetime.

But what if the younger one doesn't want to? No, the Rav and the Beit Din will force her. This is the Chidush of Rabbi Eliezer, that in this case, the Beit Din intervenes due to the Halachic issue at play. So they say, "You're telling me there are only four cases? What about this case of Miun?" The response is, "Ki amar Shmuel halacha k'Rabbi Eliezer b'arba beseder taharot, aval beshear sedarim ika tuvah." We were only discussing four Halachot in Seder Taharot, which includes Tumah and Tahara. Of course, there are many Halachot like Rabbi Eliezer; I was not listing them all.

The Gemara continues, presenting another teaching regarding Challah. The case discusses a person who made many doughs, each less than the shiur of Challah. Is there a way to combine them to reach the shiur of Challah? One Tanna states that if you connect them enough that if you pull one, it would pull from the other, that is considered combined for the purpose of taking Challah. Rabbi Eliezer goes even further, asserting that even if you baked it already, where they would not stick together, the basket itself can still combine them for Challah.

Rabbi Yehuda states, "Amar Rabbi Yehuda amar Shmuel halacha k'Rabbi Eliezer." Why didn't he count this one? Because it is also not in Taharot. This demonstrates that we did not count cases outside of Taharot. Therefore, I show you a proof that we didn't count the ones outside of Taharot, as demonstrated by the Challah case. The Gemara then challenges, "U'mai ulma d'hai m'hai? Why wasn't the Miun case enough proof? Could it not serve as evidence?"

The Gemara explains that the Miun case has Rabbi Elazar agreeing with Rabbi Eliezer, which could suggest that we do not follow Rabbi Eliezer outside of Taharot. The Gemara thus states that we need both cases to understand the distinctions. Therefore, the Miun case does not serve as proof because it is supported by another Rabbi. The discussion continues, illustrating the complexity and nuances of these Halachic rulings, emphasizing the importance of context and the interplay of various opinions.