The Ed and Bee Sit Edition, an audio series of the Talmud Bavli, specifically focusing on Gemara Yevamot and Masechet Yevamot, has been dedicated and sponsored by our dear friend Mr. Isaac Jamal and his wife. This dedication is made in honor of his family and with the heartfelt wish for success and prosperity in all his endeavors. May he merit to raise his children in the ways of the Torah, and may they bring him much nachas. We pray that he should have many more children, all blessed with health and happiness, and that he should find favor and kindness in the eyes of Hashem and humanity. May he and his entire family be blessed with abundant blessings. Amen.
As we delve into Masechet Yevamot, it is important to note that many of the cases discussed require diagrams for clarity. We have chosen to utilize the Sefer Tziyurim l'Masechet Yevamot, authored by Aharon Shlomo ben Rabi Baruch Moshe Hafner, which is available in bookstores. When references are made to specific pages, they pertain to this book. Today's study focuses on Daf Lamed Aleph, and we will begin at Daf Lamed Amud Bet, right at the Mishna in the middle of the page.
The Mishna states: "V'chulan shehayu bahen kidushin o gerushin b'safek harei elu hatzarot choltzot v'lo mityabmot." This means that all cases where there were questionable marriages or divorces, these co-wives are required to perform chalitzah but cannot enter into yibum. The Mishna now presents a new case: consider a scenario where one brother was married to his brother's daughter. This situation is classified as one of the ervot discussed in the first Mishna, indicating that if the brother dies, his sibling cannot perform yibum with her, as she is considered an ervah. However, let's complicate the case further: suppose he is married to his niece and also has a tzara. Normally, if he dies, the bat is exempt from yibum, and the tzara is considered a tzarat ervah, thus also exempt.
Now, let’s add another layer of complexity: suppose he married the tzara first, which would typically allow her to fall to yibum. But then he made a questionable kiddushin with his niece, a kiddushin b'safek. The implications of this are significant. If the kiddushin was valid, then neither the bat nor the tzara is eligible for yibum, as the tzara would be considered a tzarat ervah. Conversely, if the kiddushin was invalid, the tzara would be eligible for yibum. The Mishna concludes that in a case of kiddushin b'safek, the only recourse is to perform chalitzah with the tzara.
Similarly, we can consider the case of gerushin. If he was married to both the tzara and the bat, and then he gave the bat a questionable get, the same dilemma arises. If the get was effective, the tzara would be eligible for yibum; if not, they remain married, and thus the tzara cannot be approached. The Mishna reiterates that in the case of both kiddushin and gerushin that are in doubt, the tzara will perform chalitzah but cannot be released without further action.
The Mishna continues: "V'chulan shehayu bahen kidushin o gerushin b'safek harei elu hatzarot choltzot v'lo mityabmot." The emphasis here is on the ervah, as the tzara is not the primary concern; it is the ervah that needs clarification regarding the validity of the kiddushin or gerushin in question. Due to the uncertainty, the tzara is required to perform chalitzah and cannot simply be released without further action.
Rashi comments that the Mishna's reference to "V'chulan" encompasses all twenty-two ervot, and the case of the bat is just one example. The Mishna discusses the brother's relationship to the deceased and the implications of questionable kiddushin or gerushin, which create a status of safek regarding the tzara. This creates a situation where the tzara becomes a safek, as we cannot definitively ascertain the status of the ervah. The concern is that perhaps the ervah was divorced, or conversely, that the kiddushin was valid.
The Gemara further explores the implications of this uncertainty. In cases of kiddushin, if there is a safek, the tzara must perform chalitzah. The Gemara also discusses the case of gerushin and the same principle applies: the tzara must perform chalitzah, as the uncertainty of the relationship status creates a need for clarity.
In analyzing the cases of safek kiddushin and safek gerushin, the Gemara posits that we must consider the implications of each scenario. If there is a question of whether the kiddushin was valid or not, we cannot simply assume that the tzara is released without further action. The need for chalitzah arises from the uncertainty of the original relationship status.
As we conclude this segment, we see the importance of maintaining clarity in matters of kiddushin and gerushin. The distinctions made in the Mishna and the subsequent discussions in the Gemara serve to highlight the complexities involved in these halachic rulings. Each case requires careful consideration and adherence to the principles outlined in the Mishna, ensuring that all parties involved are treated with the utmost respect and in accordance with the Torah.