Yevamos 109a
יבמות ק״ט ע״א
Yevamot 109a
Learn Yevamos 109a step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Yevamos 109a in Gemara Clarity
Topic
רבי אלעזר's ban on ייבום after a divorce and remarriage, and two brothers married to two sisters who are minors
Overview
The משנה ends its cases of a man who divorced his wife, took her back, and died childless. The רבנן allow ייבום and רבי אלעזר forbids it, but everyone forbids it for a קטנה married off by her father who was divorced and then remarried. The גמרא looks for רבי אלעזר's reason. עיפה's answer is rejected. אביי says רבי אלעזר is unsure whether death or the first marriage links her to the יבם. רבא says it is a safeguard because people may not know about the remarriage. רב אשי says it is a decree because of the remarried minor 'orphan in her father's lifetime,' and the משנה and a ברייתא support him. רב נחמן rules that her צרה may still do ייבום, since we do not make a גזירה לגזירה. A new משנה discusses two brothers married to two sisters who are minors or deaf-mutes. When the adult sister is widowed, רבי אליעזר, רבן גמליאל and רבי יהושע give three different solutions. The גמרא defends teaching a minor to do מיאון when it is for a מצוה, and then begins explaining בר קפרא's list of things to cling to.
Opening lines
וְרַבִּי אֶלְעָזָר אוֹסֵר.
And Rabbi Elazar prohibits.
וְכֵן הַמְגָרֵשׁ אֶת הַיְּתוֹמָה
And likewise, one who divorces the orphan girl
וְהֶחְזִירָהּ — מוּתֶּרֶת לַיָּבָם.
and took her back: she is permitted to the yavam.
וְרַבִּי אֶלְעָזָר אוֹסֵר.
And Rabbi Elazar prohibits.
The steps (30)
- Statementרבי אלעזר disagrees, and the orphan girl case
- StatementA minor married off by her father: everyone forbids
- StatementEifa's reason for רבי אלעזר
- ChallengeThen she shouldn't need חליצה either
- ChallengeA ברייתא says רבי אלעזר requires חליצה
- ConclusionEifa admits he doesn't know the reason
- Resolutionאביי: רבי אלעזר is unsure what makes her fall to ייבום
- Resolutionרבא: The worry is that people do not know about the remarriage
- ChallengeBut a remarriage is public
- ResolutionHe may have remarried her at night and died in the morning
- Resolutionרב אשי: A decree because of the minor 'orphan in her father's lifetime'
- ProofSupport from the סיפא of the משנה
- QuestionWhy would the משנה state something obvious?
- ConclusionThe סיפא teaches רבי אלעזר's reason
- ProofA ברייתא supports רב אשי
- StatementThe agreement applies only if she was a minor at both stages
- Statementרבי אלעזר still requires חליצה in those cases
- Questionרבא asks about the rival wife
- ResponseNo decree on top of a decree
- ChallengeA ברייתא seems to include the rival wife
- ChallengeThe ברייתא must mean one or the other
- ResolutionFix the wording a different way
- StatementTwo brothers married to two minor sisters, and the simple cases
- StatementThe adult's husband died: teach the minor to refuse
- StatementDo not push her; if she does not refuse, wait until she grows up
- StatementWoe to him: he loses both women
- ChallengeHow can we tell the minor to refuse when בר קפרא says to stay away from refusal?
- ResolutionA refusal done for a מצוה is different
- StatementExplaining 'cling to חליצה' through the view of אבא שאול
- StatementCling to bringing peace, based on a פסוק