Yevamos 117a
יבמות קי״ז ע״א
Yevamot 117a
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Topic
Her כתובה and the יבם's inheritance based on her testimony, and which women may not testify that her husband died
Overview
This amud opens at the end of a משנה about a woman who says her husband died. בית הלל argued that her word should not get her the money of her כתובה. בית שמאי answered from the wording of the כתובה, and בית הלל changed their minds. In the גמרא, רב חסדא adds that a יבם who married her based on her word also inherits his brother's property, learning this from the פסוק 'יקום על שם אחיו'. רב נחמן teaches that how she words her request in בית דין matters: if she asks to remarry, she is believed and collects. If she asks only for her כתובה, she is not believed at all. Mixed requests end in תיקו. A new משנה lists five women who may not testify that her husband died, because they may hate her. The גמרא asks about her father-in-law's daughter and compares this list with a list of seven, which follows רבי יהודה. Last, it asks about a future mother-in-law through יבום, and this question continues on the next amud.
Opening lines
שֶׁאֵין הָאַחִין נִכְנָסִין
that the brothers do not come into
לַנַּחֲלָה עַל פִּיהָ!
the inheritance based on her word!
אָמְרוּ לָהֶם בֵּית שַׁמַּאי:
Beit Shammai said to them:
וַהֲלֹא מִסֵּפֶר כְּתוּבָּה נִלְמוֹד,
But we can learn from the marriage contract document,
The steps (26)
- Rejectionבית הלל: The brothers do not inherit based on her word
- Resolutionבית שמאי: Learn it from the wording of the כתובה
- Conclusionבית הלל change their ruling
- Statementרב חסדא: The יבם inherits based on her word
- ProofIf they learned from a כתובה, we can learn from the תורה
- ProofThe פסוק: He shall succeed in his brother's name
- StatementWhat she asks for decides whether she is believed
- QuestionWhy asking for money ruins her testimony
- QuestionShe asks to remarry first, then for the כתובה
- QuestionShe asks for the כתובה first, then to remarry
- ConclusionThe questions stay unresolved
- StatementFive women who cannot testify that her husband died
- StatementWhy a divorce document is different from death testimony
- QuestionIs the father-in-law's daughter also suspected?
- QuestionThe other side: resentment over the family's food
- ProofProof from the count of five women
- RejectionBoth daughters may count as one category
- ChallengeA source that lists seven women
- ResolutionThe seven-women list follows רבי יהודה
- ChallengeThe חכמים say the two are already included
- Resolutionרבי יהודה: the hatred is not mutual
- ChallengeThen why does רבי יהודה add them at all?
- ResolutionA different reason: she reports everything
- ResolutionThe חכמים: hatred always comes back
- Rejectionרבי יהודה: that פסוק is about תורה
- QuestionWhat about a mother-in-law who comes later?